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HomeMy WebLinkAbout20080117Vol I Idaho Falls.pdfI I I I I I I I I I I I I I I I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 APPEARANCES: For the Idaho Public Utili ties Commission: Idaho Attorney General's Office BY MR. DONALD L. HOWELL, I I 472 West Washington Street P . O. Box 83720 Boise, Idaho 83720-0074 I N D E X Testimony of BRUCE R. WATERS.............. Testimony of BRENT JOHNSON......... ... . . . . . PAGE 5 9 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax)(208) 345-9611 PROCEEDINGS I I I I I I I I I I I I I I I I I I I Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER REDFORD: Let i s get started. My name is Mack Redford.11m one of three commissioners of the Idaho Public Utili ties Commission. And we i re here tonight at a public hearing in the case of Falls Water. For the record, let me get the information. It i S Falls Water, and the case number is FLS-W-07-01. The purpose for the meeting tonight is to take testimony from those people who are interested in this case, mostly from people that are rate payers of the water company. And one thing that let me just tell you a little bit about how this works. This is not a hearing where there i s an exchange of views. We simply are asking for your input. And we i II ask you to be sworn and to step up to the podium to testify. And we have a fellow here with us, Chris Hecht, who is -- he is an employee of the Utili ties Commission. And if you have questions after the hearing, you can certainly take them up wi th Chris, who may be able to answer further (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) I I I I I I I I I I I I I I I I I I I Page 4 1 questions and give you any information that you 2 might want. 3 What I i II do now is turn this matter 4 over to Mr. Don Howell, who is our general 5 counsel, and he will swear the witnesses. 6 There are no attorneys present for 7 anyone other than the Commission, and so we don It 8 take appearances by anyone else. 9 MR. HOWELL: So for the record -- thank 10 you, Mr. Chairman -- my name is Don Howell. 11m 11 the deputy attorney general representing the 12 Commission staff. And you are correct; as far as 13 I know, there is no counsel representing Falls 14 Water. However, I understand that the company is 15 here; Mr. Scott Bruce is here. 16 And I believe that you have the sign-up 17 sheet -- 18 COMMISSIONER REDFORD: Yes, I do. 19 MR. HOWELL: for people who might be 20 interested in testifying. 21 COMMISSIONER REDFORD: Yes. 22 MR. HOWELL: Do you want to call the 23 first name, or do you want me to? 24 COMMISSIONER REDFORD: Yes. I will 25 call Brent Johnson. Step right up, Brent. (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) BRENT JOHNSON: And I'm with Falls Water. I'm one of the owners. Do you want me to wait until maybe everybody else has spoken? COMMISSIONER REDFORD: Sure. That would probably be better. Bruce Waters. BRUCE WATERS: Tha t 's me. COMMISSIONER REDFORD: All right. Thank you, Mr. Waters. MR. HOWELL: Mr. Waters, would you raise your right hand, please. I I I I I I I I I I I I I I I I I I I Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BRUCE R. WATERS, first duly sworn to tell the truth relatinq to said cause, testified as follows: MR. HOWELL: I'm going to ask you a couple of questions. Could you state your full name and spell your last for the record. BRUCE WATERS: My name is Bruce Ray Waters. My last name is spelled W-a-t-e-r-s. MR. HOWELL: And, sir, are you a customer of Falls Waters Company? BRUCE WATERS: Yes, I am. MR. HOWELL: And do you have a (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) I I I I I I I I I I I I I I I I I I I Page 6 1 statement that you would like to give to 2 Commissioner Redford? 3 BRUCE WATERS: Well, I didn't really 4 prepare a statement. But I noticed on the 5 sign-up sheet, there's nobody signed up. I'm 6 really surprised. I noticed nobody's here. 7 But the main reason I came here is 8 because I just wanted them to know that somebody 9 is opposed to this. I'm not opposed to the fact 10 that they need more money, but I'm opposed to the 11 amount of money that they're asking for. And 12 such was the case two years ago when they asked 13 for money. I just wanted to make sure that 14 whoever overviews this, you know, they keep it 15 reasonable and stuff. 16 But I do have some questions, because 17 the main thing they keep talking about is these 18 meters and these unmetered people. 19 Well, I used to live out there in 20 Mobile Home Estates, and I didn't have a meter 21 and none of. my other neighbors had meters. And 22 we didn't have to worry about the water. We'd 23 let it run all the time. I mean, you know, if 24 you remembered to shut it off, fine; if you 25 didn't, the heck with it. (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) Well, now I've moved to a different house in a different part of the neighborhood, in a different part of the service area, and I have a meter, so I have to be more careful. Well, I know we need the meters, and I want the meters because I want to save the water because the drinking water out there is getting kind of bad anyway. I want to conserve it. But my question is if -- if we have to up everybody's costs to pay for these meters, I was wondering if anything had been done to these people that have meters. Maybe their rates should have see, back then, I was paying almost nothing for a continuous amount of water. Well, maybe those people without the meters maybe their rates should have been adjusted up to help cover the costs of putting the meters into my line. I I I I I I I I I I I I I I I I I I I Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER REDFORD: Well, Mr. Waters, I would address you -- I'd let you talk to Chris Hecht, who is our technical person -- he's back there -- as soon as the hearing is over. And I think he can explain to you how this all works; okay? BRUCE WATERS: All right. Sounds fine. (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) I I I I I I I I I I I I I I I I I I I Page 8 1 COMMISSIONER REDFORD: Okay. Thank you 2 very much. 3 BRUCE WATERS: Is anybody else here -- 4 is everybody here for the company, or is there 5 anybody opposed? I just want to make sure they 6 know somebody is here. 7 I'm really surprised, with all the 8 people who have Falls Water, nobody shows up. 9 Nobody takes an interest in this. It really 10 doesn' t sit right. 11 COMMISSIONER REDFORD: Well, that's the 12 American way. 13 BRUCE WATERS: Yeah, I suppose. Let 14 everybody else do it; right? 15 COMMISSIONER REDFORD: Yeah. 16 BRUCE WATERS: Okay. 17 COMMISSIONER REDFORD: If there are no 18 other persons that want to testify -- if you 19 changed your mind and want to testify, I will 20 gi ve you an opportunity to do so. 21 If we don't have any other witnesses, 22 then, Mr. Johnson, you can make a statement if 23 you'd like. 24 MR~ HOWELL: Would you raise your right 25 hand, please. (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) BRENT JOHNSON, first duly sworn to tell the truth relating to said cause, testified as follows: I I I I I I I I I I I I I I I I I I I Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HOWELL: Could you state your name and spell your last for the record, please. BRENT JOHNSON: Brent Johnson, J-o-h-n-s-o-n. MR. HOWELL: And, Mr. Johnson, could you tell us your position with the company? BRENT JOHNSON: I'm one of the owners. MR. HOWELL: All right. BRENT JOHNSON: Okay. Yeah, I represent the La Salle Group, which is the owner of Falls Water. I just wanted to maybe make some clarifications before the Board -- not necessarily clarifications. But the reason one of the main reasons for our application to increase rates is just to meet the ongoing demands of day-to-day operations. You know, we have a return from investors and to you know, to provide a fair wage to employees and things like that. But one of the other reasons that we (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) I I I I I I I I I I I I I I I I I I I Page 10 1 asked for an increase in the rates is we're 2 trying to be a very proactive company. You know, 3 Idaho is -- water rights have been in the 4 forefront of the news for the last couple of 5 years here in Idaho. You know, Twin Falls and 6 there have been protests and just a lot of issues 7 that have gone on. 8 And, you know, Falls Water, probably 9 over the last three or four years, has been very 10 proactive of acquiring water rights to make sure 11 that our customers have the water they need, you 12 know, to water their lawns and to, you know, 13 provide household functions without an 14 interruption. And our goal is to provide a good, 15 clean resource without interruption to each of 16 our customers. 17 You know, this last year, Amon City, 18 who's not regulated by the PUC, whose rates are 19 much higher than ours -- Amon City had to 20 ration, to some extent, the water of their users. 21 They had to go, in watering their lawns, to twice 22 a week instead of watering as much as they 23 wanted -- or excuse me, every other day, so three 24 to four times a week. 25 Falls Water hasn't had to ration the (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) I I I I I I I I I I I I I I I I I I I Page 11 1 water to their users, and a lot of that is 2 because we've been taking a proactive approach, 3 which is very expensive. Water rights are only 4 getting more expensive. 5 And the Commission has an option to 6 help us fulfill this -- this goal of ours. If 7 we're not able to increase rates, you know, we 8 won't have any funds to go out and acquire new 9 water rights. We won't have the funds to put new 10 wells in. We won't have the funds to do these 11 things that provide water to our customers. 12 A lot of people say that there's -- 13 there's been a lot of growth to the Falls Water 14 Company over the last five or six years. A lot 15 of the old existing customers always say that our 16 rates are going up because of all the new growth. 17 Well, the rates are going up, but 18 the -- new growth usually pays for their 19 addition, plus they pay for a lot of modification 20 and improvements to the system that the old 21 customers benefit from without having to pay a 22 lot more money for it. 23 Wi thout the growth, the rates would 24 have to go a lot higher to the old customers. 25 The growth is actually helping us acquire the I I I I I I I I I I I I I I I I I I I Page 12 1 rights and put the new wells in. 2 You know, I know we're asking for a 3 large increase. You know, I think, 4 percentagewise, it's about a 40 percent increase. 5 You know, that 40 percent is amounting to about, 6 you know, for our base rate, $17 a month -- $16 7 to $17 a month, you know, for a life-sustaining 8 commodity that we can't live without, that's 9 expensi ve to produce. It's more expensive to 10 supply than power and phone and cell phone 11 service. I mean, it is one of the most expensive 12 products to run -- utili ties to run into a home. 13 And it is the least expensive, you know. 14 And I know the Commission hears this 15 time and time again that -- you know, a cell 16 phone bill is $50 a month, and I would dare guess 17 most of our customers have cell phones. It is an 18 option of theirs to purchase, you know. 19 (Telephonic interruption.) 20 COMMISSIONER REDFORD: Speaking of cell 21 phones. That was on cue. 22 BRENT JOHNSON: And I know that's a 23 comment I've read that in some of the 24 li terature from the PUC, you know. But that's an 25 item that people get to buy freely in the market. (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) I I I I I I I I I I I I I I I I I I I Page 13 1 You know, it's something they can live without. 2 It's something that's not required. But it's, 3 you know, 40 to $ 5 0 a month. 4 Water -- you can't live without it. 5 You can't have a home without water. If you do, 6 then your house is has no value. People won't 7 buy it, you know. 8 And we're asking for a modest increase, 9 but we're still the absolute cheapest utility 10 that is run into the home and we're the most 11 expensive to provide, you know. 12 And I think, in part, that's probably 13 why we don't have a big turnout. When people pay 14 their monthly bills, the water is the cheapest 15 bill they pay, you know. And they recognize 16 that. 17 You know, they -- I think they 18 recognize the value that we're trying to provide 19 a good service, but we've got to have revenue and 20 funds to do that, you know. 21 Things are just getting more expensive. 22 The water rights are more expensive. The cost of 23 a new well is going up 10 to 12 percent a year. 24 You know, a lot of the things we deal in are 25 three to four times the cost of inflation. You I I I I I I I I I I I I I I I I I I I Page 14 1 know, to put new pipe in the ground and asphalt, 2 those products have been going up 10 to 20 3 percent a year the last five or six years, you 4 know. 5 And if we want to have a good company 6 that provides a good service, we've got to have 7 the funds to do that. And that's why I ask that 8 we get the full rate that we've applied for so 9 that we can continue to do this for our 10 customers. 11 COMMISSIONER REDFORD: Thank you very 12 much. 13 If we don't have any other people who 14 would like to testify, why, I guess this hearing 15 is adj ourned. 16 If anybody has any questions that you'd 17 like to address to Mr. Hecht, he'll be able to 18 answer them for you to the best of his ability. 19 And that's him right there. 20 And so we'll close this, and I thank 21 you all for coming and I appreciate your 22 courtesy. Thank you very much. 23 (The hearing concluded at 7:14 p.m.) 24 25 (208) 345-9611 M & M COURT REPORTING SERVICE, INC. (208) 345-8800 (fax) I I 1 I 2 I 3 4 I 5 6 I 7 I 8 9 I 10 11 I 12 I 13 14 I 15 16 I 17 I 18 19 I 20 21 I 22 I 23 24 I 25 I I REPORTER'S CERTI FICATE I, DANIEL E. WILLIAMS, CSR No. 686, Certified Shorthand Reporter, certify: That the foregoing proceedings were taken before me at the time and place therein set forth, at which time the wi tness was put under oath by me; That the testimony and all objections made were recorded stenographically by me and transcribed by me or under my direction; That the foregoing is a true and correct record of all testimony given, to the best of my ability; I further certi fy that I am not a rela ti ve or employee of any attorney or party, nor am I financially interested in the action. IN WITNESS WHEREOF, I set my hand and seal this__ii~ day of _~__, 2007. WILLIAMS, CSR, RPR Notary Public P.O. Box 2636 Boise, Idaho 83701-2636 My commi s s ion expires February 2, 2009. 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Redford 1:12 3:3,5 sit 8:10literature 12:24 objections 15:8 proactive 10:2,10 4:18,21,245:4,8 six 11:14 14:3little 3:16 Office 2:3 11:2 6:27:198:1,11,15 somebody 6:8 8:6live 6:19 12:8 13:1 okay 7:248:1,16 probably 5:5 10:8 8:17 12:20 14:11 soon 7:2213:4 9:13 13:12 regulated 10:18 Sounds 7:25lot 10:6 11:1,12,13 old 11: 15,20,24 proceedings 15:4 relating 5: 14 9:2 Speaking 12:2011: 14,19,22,24 ongoing 9:20 I I I I I I I I I I I I I I I I I I I Page 3 spell 5:19 9:6 spelled 5 :21 spoken 5:3 staff 4: 12 started 3:4 state 5:189:5 statement 6: 1,4 8:22 stenographically 15:9 step 3:194:25 Street 2:5 stuff 6: 15 supply 12:10 suppose 8:13 sure 5:46:13 8:5 10:10 surprised 6:6 8:7 swear 4:5 sworn 3:195:149:2 system 11 :20 T take 3:12,24 4:8 taken 15:4 takes 8:9 talk 7:21 talking 6: 17 technical 7 :21 Telephonic 12:19 tell 3:15 5:149:2,10 testified 5:159:3 testify 3:208:18,19 14:14 testifying 4:20 testimony 2:13,14 3:12 15:8,12 thank4:9 5:9 8:1 14:11,20,22 theirs 12: 18 thing 3:156:17 things 9:23 11: 11 13:21,24 think 7:23 12:3 13:12,17 three 3:6 10:9,23 13:25 time 6:23 12:15,15 15:5,6 times 10:24 13 :25 tonight 3:7,11 transcribed 15: 1 0 TRASCRIPT 1:11 true 15:11 truth 5:149:2 trying 10:2 13:18 turn 4:3 turnout 13:13 twice 10:21 Twin 10:5 two6:12 U understand 4: 14 unmetered 6: 18 users 10:20 11:1 usually 11: 18 utilties 1:1 2:23:6 3:23 12:12 utilty 13 :9 V value 13:6,18 views 3:17 VOLUME 1:19 W wage 9:23 wait 5:3 want4:2,22,235:2 7:5,6,88:5,18,19 14:5 wanted 6:8,13 9:16 10:23 Washington 2:5 water 1 :4,73:8,10 3:144:145:26:22 7:6,7,148:89:15 10:3,8,10,11,12 10:20,25 11:1,3,9 11:11,13 13:4,5 13:14,22 watering 10:21,22 Waters 2:13 5:6,7,9 5:10,13,20,21,23 5:246:3 7:20,25 8:3,13,16 way8:12 week 10:22,24 wells 11:1012:1 West 2:5 we'1l3:1814:20 we're 3:7 10:111:7 12:2 13:8,9,10,18 we've 11:2 13:19 14:6,8 WHEREOF 15:17 WILLIAMS 1 :24 15:2,21 witness 15:6,17 witnesses 4:58:21 wondering 7: 11 works 3:167:24 worry 6:22 W-a-t-e-r-s 5:21 x X2:11 Y Yeah 8:13,159:13 year 10:17 13:23 14:3 years 6: 12 10:5,9 11:1414:3 $ $1612:6 $1712:6,7 $5012:16 13:3 1 11:19 1013:23 14:2 1213:23 151:19 181:18 2 215:25 2014:2 20071:18 200815:18 200915:25 263615:23 4 4012:4,5 13:3 4722:5 5 52:13 6 6861:2415:2 7 7:1414:23 7801:16 8 83701-263615:24 837202:6 83720-00742:7 9 92:14 (208) 345-9611 (208) 345-8800 (fax)M & M COURT REPORTING SERVICE, INC.