HomeMy Public PortalAboutMinutes, May 30, 2023 MeetingMINUTES OF THE MEETING OF THE RATE COMMISSION
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT
The Members of the Rate Commission of the Metropolitan St. Louis Sewer District met on May
30, 2023, at 9:30 a.m. for a technical conference at the District's Administrative Offices at 2350
Market Street, Room 109, in St. Louis, Missouri. Commissioners Toenjes, Muren, Clarke, Croyle,
Jearls, Mahfood, Palans, Perkins, and Stein in person. Commissioners Faul, Goss, Moynihan,
Savoy, and Ziegler attended via videoconference. Commissioner Barry was absent.
Also present were Brian Hoelscher, Executive Director; Bret Berthold, Director of Operations;
Rich Unverferth, Director of Engineering; Marion Gee, Director of Finance; Tim Snoke,
Secretary-Treasurer; Susan Myers, General Counsel of the Metropolitan St. Louis Sewer District
(the "District"); Lisa O. Stump and Brian J. Malone of Lashly & Baer, P.C., Counsel for the Rate
Commission; and Pamela Lemoine of Bums & McDonnell, and Anna White of Black & Veatch,
Rate Consultants to the Rate Commission. Ann Bui of Black & Veatch attended via
videoconference.
Agenda Item 1 — Call to Order
Chairman Mr. Toenjes called the meeting to order at 9:30 a.m. Secretary Clarke called the roll and
declared that a quorum was present.
Agenda Item 2 — Approval of Minutes
Draft minutes from the meeting of April 26-27, 2023 were circulated. Commissioner Stein made
a motion to approve the minutes. Commissioner Muren seconded the motion. A voice vote was
taken. All Commissioners present voted Aye. No Commissioners voted Nay. No abstentions.
Agenda Item 3 — Consideration of Application to Intervene Out of Time of the Missouri Industrial
Energy Consumers
The Rate Commission heard argument from Ms. Diana Plescia, attorney for the Missouri Industrial
Energy Consumers ("MIEC"), in support of MIEC's application to intervene out of time. The Rate
Commission also heard argument from Ms. Susan Myers on behalf of the District, and from the
Rate Consultants as to the impact of granting intervention past the deadline set by the Procedural
Rules approved by the Rate Commission.
Commissioner Stein made a motion to approve MIEC's application. Commissioner Palans
seconded. After discussion, Commissioner Palans recommended amending the motion to permit
MIEC to intervene, on the conditions that: (i) MIEC be precluded from making discovery requests
of the District and the Rate Commission's consultants; (ii) that MIEC submit its written testimony
within seven day so that the District and consultants may make timely discovery requests; and (iii)
that it present its expert for examination at the technical conference for surrebuttal testimony.
Commissioner Stein agree to amend his motion accordingly.
A roll call vote was taken. Commissioners Croyle, Goss, Mahfood, Muren, Palans, Savoy, and
Stein voted Aye. Commissioners Toenjes, Clarke, Faul, Jearls, Moynihan, Perkins, and Ziegler
voted Nay. No commissioner abstained. With seven votes in favor and seven votes against, the
1
motion failed to gain the approval of a majority of the members of the Rate Commission present
at the meeting, and therefore failed.
Commissioner Stein moved that MIEC be permitted to intervene, but that it may not submit
testimony or make discovery requests. Commissioner Palans seconded the motion.
A roll call vote was taken. Commissioners Croyle, Goss, Jearls, Mahfood, Muren, Palans, Savoy,
and Stein voted aye. Commissioners Toenjes, Clarke, Faul, Moynihan, Perkins, and Ziegler voted
nay. No commissioner abstained. The motion passed by a vote of 8 ayes, 6 nays.
Agenda Item 4 — Technical Conference for Rebuttal Testimony
A technical conference was held to receive testimony from the District's witnesses, and for
examination of such witnesses by the Rate Commission's legal counsel and by the Rate
Commissioners.
The Rate Commission heard testimony on the record regarding stormwater from Ms. Anna White
and Ms. Pam Lemoine.
Agenda Item 5 — Other Business
There was no other business.
Agenda Item 6 — Adjournment
There being no further business to come before the Rate Commission, Chairman Toenjes declared
that the meeting was adjourned at 12:45 p.m. The Rate Commission will reconvene for a technical
conference for surrebuttal testimony at 9:30 a.m. on July 10, 2023.
BY: kisLy2,,-V 0.010,5-1(L
Commissioner William Clarke
Secretary of the Rate Commission of the
Metropolitan St. Louis Sewer District
2