20240610Motions.pdf

RECEIVED
Monday, June 10, 2024
IDAHO PUBLIC
UTILITIES COMMISSION
Randolph Lee Garrison
Pro per
76 Bellflower Ct
Blanchard Idaho 83804
(541 ) 580-4446
garrison(a-)_rmgarrison.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CDS ) Case No: SWS-W-24-01
STONERIDGE UTILITIES, LLC'S )
APPLICATION FOR AUTHORITY ) INTERVENER GARRISON'S
TO INCREASE ITS RATES AND ) FIRST MOTIONS:
CHARGES FOR WATER SERVICE ) (1 ) TO COMPEL INTERVENER'S
IN THE STATE OF IDAHO ) SECOND REQUEST FOR
DISCOVER FROM APPLICANT
(2) REQUIRING THE IPUC
SECRETARY RELEASE A
COPY OF ALL DISCOVERY
FILED BY APPLICANT WITH
THE IPUC
MOTION # 1
MOTION TO COMPEL DISCOVERY: Pursuant to the authority cited below,
Intervener, Randolph Lee Garrison, a party, hereby requests an order compelling
discovery from the Applicant, CDS Stoneridge Utilities, LLC, of the following
document(s):
(1 ) Intervener Garrison's Second Request for Discovery from Applicant, a
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 1 of 12

copy which is filed herein as a separate document, and is incorporated
herein, as if recited verbatim herein.
POINTS AND AUTHORITIES
(A) On 16 May 2024, Intervener Garrison formally requested Applicant produce
those documents in his Second Request for Discovery. A copy of Intervener's
second request is filed herein as a separate document, and is incorporated
herein, as if recited verbatim herein. The Intervener's formal request was filed
with the IPUC Secretary on 17 May 2024.
(B) Applicant has acknowledged the Second request for Discovery. With one
exception, none of the requests found in Intervener Garrison's Second Request
for Discovery have been delivered. The one exception is Applicant has
delivered a copy of the Quick Book records file with the IPUC on 8 March 2024.
Applicant's time for objection to the requests expired on 30 May 2024. No
objection was received from Applicant. Applicant's delivery of discovery expired
on 6 June 2024.
(C) This is a general rate case. In a general rate case, "The utility's Idaho intrastate
revenue requirement, and every component of it, both rate base and expense,
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 2 of 12

are at issue." Idaho Admin. Code r. 31 .01 .01 .124. 01 . "The rates and charges
of all Idaho retail customers, both recurring and non-recurring, including those
of special contract customers, are at issue, and every component of every
existing and proposed rate and charge is at issue." Idaho Admin. Code r.
31 .01 .01 .124 02. And "The tariffs, practices, rules and regulations, service,
instrumentalities, equipment, facilities, classifications, and customer relations
of the utility are at issue, . . ." Idaho Admin. Code r. 31 .01 .01 .124. 02.c.
(D) Accordingly, all of the requests found in Intervener Garrison's Second Request
for Discovery are relevant records.
(E) Idaho Admin. Code r. 31 .01 .01 .222 provides: "All parties to a proceeding . . .
have a right of discovery . . ." In addition, "The Commission may by order
authorize or compel necessary discovery not listed in these rules."
(F) Idaho Admin. Code r. 31 .01 .01 .221 .05 provides: "Unless otherwise provide, . .
. the scope and procedure of discovery . . . is governed by the Idaho Rules of
Civil Procedure." IRCivP 34 provide for the Production of Documents. All
relevant evidence is subject to Discovery. IRCivP 26 (b).
(G) Applicant is prohibited from arguing any "exemption" found in the public records
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 3 of 12

law. See: Public Records Act Guidelines of the Idaho Public Utilities
Commission:
(a) 403. DISCOVERY INFORMAL CASES NOT COVERED BY THESE
GUIDELINES. The right of parties in a formal proceeding governed
by the Commission's Rules of Procedure to obtain information as
part of that formal proceeding is governed by the Commission's
Rules of Procedure, IDAPA 31 .01 .01 .000. These guidelines neither
expand nor contract any party's rights under those rules.
(b) 404. PARTIES TO FORMAL PROCEEDINGS MAY NOT USE
THESE GUIDELINES. No party to a formal proceeding may use
these guidelines to supplement, augment, substitute, or supplant
discovery procedures set out in the Commission's Rules of
Procedure, IDAPA 31 .01 .01 .000. See Idaho Code § 74-115(3).
(H) Intervenor Garrison has signed a "None Disclosure Agreement", but has done
so "under protest". StoneRidge Utilities is a public utility governed by the IPUC.
There is nothing "confidential" about public utility's books and records in a
general rate case. The information requested is not legally "privileged".
Applicant has not objected to or timely responded to Intervener's request fo
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 4 of 12

discovery. Nor has applicant pointed to any legal authority denying Intervener
request for discovery. Nor has Applicant requested a protective order.
(I) On 13 March, 2024, applicant filed with the IPUC Secretary a letter and "USB
Memory stick with . . . copy of [Applicant's] Quickbooks files for 2022 - 2024".
In the letter, Applicant claimed the material was "confidential".
(J) Subsequently, Applicant has claimed the request discovery "may contain un-
redacted customer information that must be kept confidential." See "Claim of
Confidentiality Certifacate" made by Chan Karupiah, provided at the end of this
document. Appellant has made no oher claim of "confidentiality" or "privilege".
(K) StoneRidge Utilities is a public utility governed by the IPUC. There is nothing
"confidential" about public utility's books and records in a general rate case. The
information requested is not legally "privileged".
(L) StoneRidge Utilities' only claim of confidentiality is the information "may' contain
customer information. A claim that information "might" contain customer
information is at best equivocal and results in no effective claim at all.
(M) A private water company in competition with other private water companies
might have some concern about its customer lists. But StoneRidge Utilities is
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 5 of 12

a monopoly. The customer lists of a monopoly have no economic value. The
customers of StoneRidge Utilities are well known and already identifiable. For
example, StoneRidge Utilities serves all of Stoneridge and Happy Valley. All the
residents of StoneRidge are listed the StoneRidge Home Owners Association
Directory. The Directory contains complete names, addresses, telephone
numbers and e-mail address. The residents of Happy Valley are all located
adjacent to StoneRidge, are are readily known and identifiable. In any event,
customer names can be redacted.
(N) Applicant's claim of confidentiality also fails, in part, because applicant has
failed to comply with IDAP Rule 31 .01 .01 .067.03. This rule requires: " . . . the
attorney of such party designated by Rule 41 must stay in writing that the
information is protected by law from public inspection, examination or copying,
citing the specific grounds and legal authority for that assertion." Applicant has
no attorney and has not provided an attorney's certification required by the rule.
Applicant cannot use its failure to be represented by an attorney, because
applicant is required to be represented by an attorney by IDAP Rule
31 .01 .01 .043.02.b. Specifically, only a natural person may represent
him/herself in these proceedings. Partnerships and corporations, and by
extension, LLCs, must be represented by an attorney. The purpose for having
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 6 of 12

"confidentiality" certifications done by an attorney is to minimize spurious and
uninformed claims of "confidentiality".
CONCLUSION: Intervener requests Intervener Garrison's Second Request for
Discovery be compelled. These records are relevant to this general rate case and
should be produced by Applicant to Intervener.
MEET AND CONFER: Pursuant to IRCivP 37(a), Intervener has in good faith
conferred or attempted to confer with Applicant in an effort to obtain discovery without
IPUC Commission action. Specifically, Intervener first sent an informal email to
Applicant requesting discovery; then filed a formal request for discovery; and prior to
filing to filing this motion, Intervener provided a draft copy of this motion to Applicant
and requested Applicant's compliance with the request for production of documents.
Applicant has not responded.
MOTION # 2
MOTION TO RELEASE APPLICANT'S IPUC FILED ACCOUNTING RECORDS: Pursuant
to the authority cited below, Intervener, Randolph Lee Garrison, a party, hereby
requests an order requiring the IPUC Secretary release to Intervener Garrison a copy
of all discovery and information filed with the IPUC.
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 7 of 12

POINTS AND AUTHORITIES:
(0) "Confidential information" exempt from public disclosure is described in IDAP
Rule 31 .01 .01 .067.01 .b.: "Confidential information" means information,
documents, or records filed with the Commission that are specifically exempt
from public inspection, examination and copying pursuant to sections 74 — 104
through 74.109, Idaho Code."
(P) None of the provisions in section Idaho code 74 — 104 through 74 — 109,
provided exemption to Applicant's discovery or documents filed with the IPUC.
(a) Idaho code 74— 104 discusses "Exemptions in Federal or State Law
-- Court Files and Judicial Proceedings --Office of Administrative
Hearings — — Judicial Council" and none of these exemptions are
available to Applicant.
(b) Idaho code 74 — 105 discusses "Law Enforcement Records,
Investigatory Records of Agencies, Evaluation, and Emergency
Response Plans, Worker's Compensation", and none of these
exemptions are available to Applicant.
(c) Idaho code 74 — 106 discusses "Personal Records, Personal
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 8 of 12

Information, Health Records and Professional Discipline", and none
of these exemptions are available to Applicant.
(d) Idaho code 74 — 107 discusses "Trade Secrets, Production
Records, Appraisals, Bids, Proprietary Information, Tax
Commission, Unclaimed Property, Petroleum, Clean Water Trust
Fund", and none of these exemptions are available to Applicant.
(e) Idaho code 74 — 108 discusses "Archaeological, Endangered
Species, Libraries and Licensing Exams", and none of these
exemptions are available to Applicant.
(f) Idaho code 74 — 109 discusses "Draft Legislation, Research,
Personal Communications, Personally Identifying Information, Work
Papers and Draft Redistricting Plans", and none of these
exemptions are available to Applicant.
(Q) Intervenor also incorporates the arguements made in Motion # 1 , above.
CONCLUSION: Applicant has failed in its claim that discovery is exempt from public
disclosure. The Commission should order Applicant's records are subject to public
disclosure.
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 9 of 12

MEET AND CONFER: Although not required, Intervener has in good faith conferred
or attempted to confer with Applicant in an effort to obtain discovery without IPUC
Commission action. Specifically, prior to filing to filing this motion, Intervener provided
a draft copy of this motion to Applicant and requested Applicant's compliance with the
requests contained in the motion. Applicant has not responded.
D and S ned this 8th day of June, 2024.
Randolph Lee Garrison
(541 ) 580-4446
garrison(a)_rmgarrison.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 8th day of June, 2024, 1 served a true and correct
copy of the foregoing upon each party in this matter by delivering the same to each of the
following individuals by the method indicated below, addressed as follows:
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 10 of 12

Michael Duval By e-mail [e-mail]
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
P.O. Box 83720
Boise, ID 83720-0074
CDS STONERIDGE UTILITIES, LLC By e-mail chansan(c com cast.net
P.O. Box 298 utilities [e-mail]
Blanchard, ID 83804
Norman M. Semanko, ISB #4761 By e-mail nsemanko(a)_parsonsbehle.com
Patrick M. Ngalamulume, ISB #11200 pngalamulume(c parsonsbehle.com
PARSONS BEHLE & LATIMER
800 W. Main Street, Suite 1300
Boise, Idaho 83702
Rick Haruthunian By e-mail: rharuthunian(@rmedlaw.com
CONDOMINIUM OWNERS ASSOC. INC:
Ramsden, Marfice, Ealy & De Smet, LLP
(Exhibit Nos. 201-300) 700 Northwest Blvd.
P.O. Box 1336
Coeur d'Alene, ID 83816-1336
DATED this 8th day of June 2024.
Randolph Lee Garrison
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 11 of 12

Claim of Confidentiality Certificate
Chan Karupiah, Esprit Enterprises, LLC., 18353 HWY 54 Bayview, ID,83803
P.O. Box 770 Bayview, ID 83803 208-683-2243 [e-mail]
Certificate
I, Chan Karupiah, hereby certify that:
• Company- CDS StoneRldge Utilities, LLC
• P.O. Box 298, Blanchard, ID 83804
2. Subject Matter
• Description: Protective Agreement regarding Confidential Materials
disclosure within QuickBooks Company file provided to Intervenor in IPUC
Rate Case SWS-W-24-01, may contain un-redacted customer information
that must be kept confidential.
• Date of Document/Action: May 20,2024
3. Verification:
• I have reviewed and verified the above-mentioned document and/or facts.
• The document presented is a true and accurate copy of the original
document.
• The information provided by the client is accurate and truthful to the best
of my knowledge.
• Representation: I am currently representing CDS StoneRldge Utilities, LLC
in th matter described above.
• My r p sentation egan on January 1, 2024 and is ongoing.
Signature
Date: w v `4
MOTIONS: (1)TO COMPEL INTERVENER'S SECOND REQUEST FOR DISCOVER FROM APPLICANT;
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY
APPLICANT WITH THE IPUC Page 12 of 12