The URL can be used to link to this page

Home My WebLink About20060426Motion for order compelling discovery.pdfMcDevitt & Miller LLP Lawyers (208) 343-7500 (208) 336-6912 (Fax) 420 W. Bannock Street O. Box 2564-83701 Boise, Idaho 83702 Chas. F. McDevitt Dean 1. (Joe) Miller April 26, 2006 Via Hand Delivery Jean Jewell, Secretary Idaho Public Utilities Commission 472 W. Washington St. Boise, Idaho 83720 Re: Case No. UWI-06- Dear Ms. Jewell: "-'; Enclosed for filing in the above matter please find the original and seven (7) copies of a Motion For Order Compelling Discovery. An additional copy of the document and this letter is included for return to me with your file stamp thereon. Very Truly Yours f\D~tt ~olfr LLP ~il DJM/hh ORIGINAL Dean J. Miller (ISB # 1968) McDEVITT & MILLER LLP 420 West Bannock Street O. Box 2564-83701 Boise, ID 83702 Tel: 208.343.7500 Fax: 208.336.6912 i oe~mcdevi tt - mill er. com - - I;. \ 'l . . ,\:...,, .,. ,;' ',; - '.., ' Attorneys for United Water Idaho Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Case No. UWI-O6- IN THE MATTER OF THE APPLICATION OF UNITED WATER IDAHO INC. FOR AUTHORITY TO INCREASE ITS RATES AND CHARGES FOR WATER SERVICE IN THE STATE OF IDAHO MOTION FOR ORDER COMPELLING DISCOVERY COMES NOW United Water Idaho Inc. , (" United Water ) and pursuant to IPUCRP 225.03 and IRCP 37(a)(2) and moves the Commission for an Order compelling the Intervenor BRACE to respond to previously submitted discovery requests, and in support thereof respectfully shows as follows: On March 22, 2006, United Water submitted to BRACE the attached First Interrogatories and Request for Production of Documents. II. The First Interrogatories and Request for Production of Documents requested that BRACE respond within fifteen (15) days. MOTION FOR ORDER COMPELLING DISCOVERY - 1 III. BRACE has failed, refused, and neglected to either object to the First Interrogatories and Request for Production of Documents or to provide responses thereto. IV. More that twenty-eight (28) days have passed since service of the First Interrogatories and Request for Production of Documents. (See IPUCRP 225.03). Oral argument is not requested. VI. Pursuant to IPUCRP 256 BRACE has received actual notice ofthis Motion and United Water respectfully requests that the Commission act upon the Motion with less than fourteen (14) days notice. WHEREFORE United Water respectfully requests that the Commission enter its Order compelling BRACE to promptly provide answers to the First Interrogatories and Request for Production of Documents. (J(( DATED this L1L- day of April 2006. ~VP~ Attorneys for United Water Idaho Inc. MOTION FOR ORDER COMPELLING DISCOVERY - 2 CERTIFICATE OF SERVICE I hereby certify that on the ~ay of April, 2006, I caused to be served, via the methodes) indicated below, true and correct copies of the foregoing document, upon: jeanjewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.o. Box 83720 Boise, ID 83720~0074 jj ewell (g)puc.sta te.id. us Hand Delivered S. Mail Fax Fed. Express Email Scott L Campbell, Esquire MOFFATT, THOMAS , BARRETT ROCK Cst FIELDS , CHARTERED O. Box 829 Boise, ID 83701 Hand Delivered S. Mail Fax Fed. Express Email MOTION FOR ORDER COMPELLING DISCOVERY - 3 k~*- Dean J. Miller (ISB #1968) McD EVITT & MILLER LLP 420 West Bannock Street O. Box 2564-83701 Boise, ID 83702 Tel: 208.343.7500 Fax: 208.336.6912 ioe(G)mcdevitt -miller.com Attorneys for United Water Idaho Inc. (g(Q) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Case No. UWI-O6- IN THE MATTER OF THE APPLICATION OF UNITED WATER IDAHO INe. FOR AUTHORITY TO INCREASE ITS RATES AND CHARGES FOR WATER SERVICE IN THE STATE OF IDAHO UNITED WATER'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO BOISE RESIDENTS AGAINST COMMERCIAL EXPLOITATION INC. TO:Boise Residents Against Commercial Exploitation, Inc. ("BRACE" NOTICE YOU WILL PLEASE TAKE NOTICE that you are hereby required to answer in writing the following interrogatories and request for production of documents within fifteen (15) days from the date of service hereof. INSTRUCTIONS Procedure. You have a duty, pursuant to Rule 26(e) of the Idaho Rules of Civil Procedure, to reasonably supplement and amend your responses. Privilege. If, in responding or failing to respond to the discovery requested herein you invoke or rely upon any privilege of any kind, please state specifically the nature of the UNITED WATER'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO BOISE RESIDENTS AGAINST COMMERCIAL EXPLOITATION INc. - 1 privilege and the basis upon which you invoke, rely upon, or claim it, and identify all documents or other information, including contracts and communications, which you believe to be embraced by the privilege invoked. INTERROGATORIES Interrogatory No.. According to the Articles of Incorporation of BRACE on file with the office of the Idaho Secretary of State, the corporate purpose of BRACE is to "Educate the public concerning municipal water system ownership issues." Please provide a narrative description of all activities undertaken since inception of the corporation that constitute educating the public concerning municipal water system ownership issues. Interrogatory No.. Explain how intervention in this proceeding will advance the corporate purpose of educating the public concerning municipal water system ownership issues. Interrogatory No.. Provide a list identifying all administrative, regulatory and judicial proceedings in which Mr. Campbell has represented parties with interests adverse to United Water during the past 36 months, excluding IPUC Case No. UWI-04-4. Identify the client represented by Mr. Campbell and the general nature of the proceeding. REQUESTS FOR PRODUCTION Request for Production No.Please provide the corporate by-laws of BRACE. Request for Production No.. Please provide certified copies by the corporate secretary of all minutes of all meetings of the members of BRACE. Request for Production No.. Please provide certified copies by the corporate secretary of all minutes of all meetings of the Board of Directors of BRACE. Request for Production No.. Please provide a list certified by the corporate secretary of members of BRACE and indicate which members are customers of United Water. UNITED WATER'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO BOISE RESIDENTS AGAINST COMMERCIAL EXPLOITATION INc. - 2 Request for Production No.. Please provide copies of any literature, pamphlets or similar materials distributed to the public as part of a program to educate the public concerning municipal water system ownership issues. Request for Production No.. Please provide copies certified by the corporate secretary of all corporate resolutions and/or corporate minutes authorizing BRACE' intervention in this proceeding. DATED this c.-day of March, 2006. \1~~ Dean J. ller Attorneys for United Water Idaho Inc. UNITED WATER'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO BOISE RESIDENTS AGAINST COMMERCIAL EXPLOITATION INC. - 3 CERTIFICATE OF SERVICE 17 ncL.I hereby certify that on the ~ay of March, 2006 , I caused to be served, via the methodes) indicated below, true and correct copies of the foregoing document, upon: Jean J ewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.o. Box 83720 Boise, ID 83720~0074 jj ewell (g)puc.state.id. us Hand Delivered S. Mail Fax Fed. Express Email Scott L Campbell, Esquire MOFFATT, THOMAS, BARRETT ROCK Cst FIELDS, CHARTERED O. Box 829 Boise, ID 83701 Hand Delivered S. Mail Fax Fed. ExpressEmailj" /!l UNITED WATER'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO BOISE RESIDENTS AGAINST COMMERCIAL EXPLOITATION INc. - 4