20100422Motion to Compel - Extend Comment Period.pdf

Gr:.
D. NEIL PRICE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
Idaho State Bar No. 6864
7.~'G ~PR 22. PM 3~ SO
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF MURRY WATER WORKS SYSTEMS ) CASE NO. MUR-W-IO-Ol
FOR COMMISSION AUTHORITY TO )
INCREASE ITS RATES AND CHARGES ) STAFF'S MOTION TO COMPEL
FOR WATER SERVICE ) RESPONSES TO PRODUCTION
) REQUESTS AND AN EXTENSION
) OF THE ESTABLISHED COMMENT
) PERIOD
)
COMES NOW the Staff of the Idaho Public Utilties Commission, by and through its
attorney of record, D. Neil Price, Deputy Attorney General, and, pursuant to Commission Rules
of Procedure 056, 222, 228 and 256, IDAPA 31.01.01 et seq., does hereby submit Staffs Motion
to Compel Responses to Production Requests and an Extension of the Established Comment
Period.
I. BACKGROUND
On January 13,2010, Murray Water Works Systems ("Murrai' or "Company") filed
an Application requesting authority from the Commission to increase its rates and charges for
water service. The Application did not include an effective date for the proposed increase in
rates and charges.
MOTION TO COMPEL 1
On February 25,2010, the Commission issued a Notice of Application and Notice of
Modified Procedure establishing a 60-day comment period. On April 13, 2010, Staff conducted
a public workshop in Muray, Idaho to discuss the Company's fiing. On March 5, 2010, Staff
submitted a total of 31 separate production requests to Murray. The deadline for responses to the
production requests was March 26, 2010.
II. JOINT MOTION TO COMPEL RESPONSES TO
PRODUCTION REQUESTS AND
EXTENSION OF COMMENT PERIOD DEADLINE
As stated above, the deadline for responses to Staff s First Production Request has
long since passed. Accordingly, Staff moves the Commission to compel Muray to submit full
and complete responses to Staffs production requests.
Staff notes that it has provided considerable assistance to Murray regarding, inter
alia, the interpretation of the Commission's procedural requirements, organization of records,
and the preparation of documents and materials necessary in order to effectively respond to
Staffs production requests. Staffs efforts to assist Murray's sole proprietor, Mr. Arlen Lish,
include numerous telephone contacts as well as an on-site audit of Murray's operations and
records. The administration of this case has been hindered to some degree by the fact that Mr.
Lish has not retained legal counselor a consultat to assist him with the regulatory compliance
process. However, Staff is confident that, with fuher assistance, Mr. Lish wil eventually be
able to submit appropriate responses to Staffs production requests.
Relatedly, Staff also requests an extension of the curent comment period which is set
to expire on April 26, 2010. Muray's delinquent responses to Staffs production requests
necessitate an extension of the curent comment period to allow Staff adequate time to review
the Company's responses and prepare its written comments regarding Murray's Application.
Staff provided actual notice of the substance of this Motion to Murray, both by
telephone and the mailng of a certified copy of its Motion to Murray's current business address.
Thus, Staff believes that the factual circumstances, along with the actual notice provided to
Muray's representative, warant immediate review and enable the Commission to consider this
Motion on fewer thah 14 days' notice and offer the procedural relief requested below.
MOTION TO COMPEL 2
CONCLUSION
Therefore, based upon the foregoing argument Staff respectfully requests that the
Commission issue an Order compelling Murray Water Works Systems to submit full and
complete responses to Staffs production requests and a Revised Notice of Application
establishing a new comment period deadline of June 15,2010.
Respectfully submitted this 22nd day of April 2010.
.)~~
-heil Price
Deputy Attorney General
N:MUR-W-IO-OI_np_Motion to Compel
MOTION TO COMPEL 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 22nd DAY OF APRIL 2010,
SERVED THE FOREGOING STAFF'S MOTION TO COMPEL RESPONSES TO
PRODUCTION REQUESTS AND AN EXTENSION OF THE ESTABLISHED
COMMENT PERIOD, IN CASE NO. MUR-W-1O-01, BY MAILING A COPY
THEREOF, POSTAGE PREPAID, TO THE FOLLOWING:
ARLENLISH
OWNER
MURRY WATER WORKS
POBOX 117
KINGSTON ID 83839
~0~
SECRETARY
CERTIFICATE OF SERVICE