20240627Garrisons Motion to Compel and Release Discovery.pdf

RECEIVED
2024 June 27 AM 10:20
IDAHO PUBLIC
Randolph Lee Garrison UTILITIES COMMISSION
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 ) INTERVENOR GARRISON'S
TO INCREASE ITS RATES AND ) FIRST MOTIONS:
CHARGES FOR WATER SERVICE ) (1 ) TO COMPEL
IN THE STATE OF IDAHO ) INTERVENOR'S Fourth
REQUEST FOR DISCOVERY
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,
Intervenor, Randolph Lee Garrison, a party, hereby requests an order compelling
discovery from the Applicant, CDS Stoneridge Utilities,LLC,of the following
document(s):
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY APPLICANT WITH
THE IPUC
Page 1 of 12

(1 ) Intervenor Garrison's Forth Request for Discovery from Applicant, a copy
which is filed herein as a separate document, and is incorporated herein,
as if recited verbatim herein.
POINTS AND AUTHORITIES
(A) On 4 June 2024, Intervenor Garrison formally requested Applicant produce
those documents in his Fourth Request for Discovery. A copy of Intervenor's
Forth request is filed herein as a separate document, and is incorporated herein,
as if recited verbatim herein. The Intervenor's formal request was filed with the
IPUC Secretary on 4 June 2024.
(B) With one exception, none of the requests found in Intervenor Garrison's First,
Second, Third and now Fourth Requests 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 18 June 2024. No objection was received from Applicant.
Applicant's delivery of discovery expired on 25 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,
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY APPLICANT WITH
THE IPUC
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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 Intervenor Garrison's Fourth 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
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(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".
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY APPLICANT WITH
THE IPUC
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Applicant has not objected to or timely responded to Intervenor's request fo
discovery. Nor has applicant pointed to any legal authority denying Intervenor
request for discovery. Nor has Applicant requested a protective order.
(1) 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 Certificate" made by Chan Karupiah, provided at the end of this
document. Appellant has made no other 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
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY APPLICANT WITH
THE IPUC
Page 5 of 12

might have some concern about its customer lists. But StoneRidge Utilities is
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 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
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY APPLICANT WITH
THE IPUC
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him/herself in these proceedings. Partnerships and corporations, and by
extension, LLCs, must be represented by an attorney. The purpose for having
"confidentiality" certifications done by an attorney is to minimize spurious and
uninformed claims of "confidentiality".
CONCLUSION: Intervenor requests Intervenor Garrison's Fourth Request for
Discovery be compelled. These records are relevant to this general rate case and
should be produced by Applicant to Intervenor.
MEET AND CONFER: Pursuant to IRCivP 37(a), Intervenor has in good faith
conferred or attempted to confer with Applicant in an effort to obtain discovery without
IPUC Commission action. Specifically, Intervenor first sent an email to Applicant
requesting discovery; a copy of the e-mail is filed herein as a separate document, and
is incorporated herein, as if recited verbatim herein. Applicant has not responded.
On 12 June 2024, Applicant's failure to produce discovery was extensively discussed
during a conference call. Applicant has, to date, filed to provide any discovery (except
as to one item described above).
MOTION # 2
MOTION TO RELEASE APPLICANT'S IPUC FILED ACCOUNTING RECORDS: Pursuant
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY APPLICANT WITH
THE IPUC
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to the authority cited below, Intervenor, Randolph Lee Garrison, a party, hereby
requests an order requiring the IPUC Secretary release to Intervenor Garrison a copy
of all discovery and information filed with the IPUC.
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
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY APPLICANT WITH
THE IPUC
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Response Plans, Worker's Compensation", and none of these
exemptions are available to Applicant.
(c) Idaho code 74 — 106 discusses "Personal Records, Personal
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 agreements made in Motion # 1 , above.
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY APPLICANT WITH
THE IPUC
Page 9 of 12

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.
MEET AND CONFER: Although not required, Intervenor 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, Intervenor provided
Applicant his Second Motion to Compel, which contain the same request as found in
this Motion. See also Intervenor's e-mail to Applicant requesting discovery, a copy of
which has been filed as a separate document in previous motions to compel and is
incorporated herein, as if recited verbatim herein. Applicant has not responded with
effective Discovery.
DATED and Signed this 27th day of June, 2024.
r\w-"� G V\,A % \ 4
Randolph Lee Garrison
(541 ) 580-4446
garrison((_rmgarrison.com
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY APPLICANT WITH
THE IPUC
Page 10 of 12

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 27th 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:
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(a)_com cast.net
P.O. Box 298 utilities(a-)_stoneridgeidaho.com
Blanchard, ID 83804
Norman M. Semanko, ISB #4761 By e-mail nsemanko(@parsonsbehle.com
Patrick M. Ngalamulume, ISB #11200 pngalamulume(a)_parsonsbehle.com
PARSONS BEHLE & LATIMER
800 W. Main Street, Suite 1300
Boise, Idaho 83702
Rick Haruthunian By e-mail: rharuthunian(c_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 27th day of June 2024.
Randolph Lee Garrison
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(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 fads.
• 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: �XOv '�I
MOTION: (1)TO COMPEL INTERVENOR'S Fourth REQUEST FOR DISCOVER FROM APPLICANT; and
(2) REQUIRING THE IPUC SECRETARY RELEASE A COPY OF ALL DISCOVERY FILED BY APPLICANT WITH
THE IPUC
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