960319.docx

SUSAN HAMLIN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
472 WEST WASHINGTON STREET
PO BOX 83720
BOISE,  IDAHO  83720-0074
[phone]
Street Address for Express Mail:
472 W WASHINGTON
BOISE ID  83702-5983
Attorney for the Commission Staff
BEFORE  THE  IDAHO  PUBLIC  UTILITIES  COMMISSION

IN THE MATTER OF THE INVESTIGATION)
INTO WHETHER PACKSADDLE)CASE  NO.  GNR-W-95-1
DEVELOPMENT CORPORATION IS A )
PUBLIC UTILITY SUBJECT TO )COMMISSION STAFF'S
COMMISSION REGULATION.)RESPONSE TO FIRST SET
)OF INTERROGATORIES
)AND REQUEST FOR
)PRODUCTION OF
)INTERVENOR ROBERT
____________________________________)YOUNG, SR.
The Staff of the Idaho Public Utilities Commission, by and through its attorney of record, Susan Hamlin, Deputy Attorney General, provides the following documents and information, pursuant to Commission Rules of Procedure 225-229, IDAPA 31.01.01225-229.
INTERROGATORY NO. 1:  Identify any and all water customers of Packsaddle Development Corporation, contacted, interviewed, visited or consulted by staff members
of the Public Utilities Commission at any time between January 1, 1995, and           
December 3, 1995, and for each customer identified separately give the date and location
of each contact, visit, interview or consultation.
Commission Staff has had contact with various members of the public concerning Packsaddle Development Corporation.  It is impossible to identify all persons and dates with whom the Staff had conversations.  The following is the list of persons with whom Staff has had contact.
Response of Robert E. Smith to Interrogatory No. 1:
Commission Staff member Robert Smith has not maintained a log of all telephone conversations between himself and residents of Packsaddle Estates subdivision.  He has received numerous calls from individuals; among them are:  Emily Colquette, George Cantu, Don Lingle, Susan Patla, Robert Young, Martha Ewing, Tory Whitehead, Barney and Bobbie Flora, Ken MacIntosh, Ken Ferguson, Ross Darnell.  Most of these calls were initiated by the residents seeking answers to questions.
Commission Staff member Robert Smith had personal contact with the    following persons:
Met with Emily Colquette in her home 2:00 P.M. May 3, 1995.
Met with George Cantu in his home 7:00 P.M. May 3, 1995.
Met with Martha Ewing in her home 9:00 P.M. May 3, 1995.
Met with Don Lingle and Susan Patla in their home 2:00 P.M.
May 4, 1995.
Met with numerous residents formally and informally during the public      information meeting conducted in Driggs on July 7, 1995.
Met informally with numerous residents during the public hearing conducted in Driggs on September 6, 1995.
Response of Rose Schulte to Interrogatory No. 1:
 Commission Staff member Rose Schulte met with numerous water users at the public meeting in Driggs on July 7, 1995, informally before and after the meeting.  In part refer to Staff's response to the First Production Request of Robert Young, Sr., Request No. 1 on
page 8.

Response of Don Oliason to Interrogatory No. 1:
Staff Engineer Oliason has had no contact with any Packsaddle Water customers.
INTERROGATORY NO. 2:  State all facts in support of the “labor cost for maintenance and administration” as estimated by staff member Robert E. Smith in his staff report dated 5/25/95.
Response of Robert E. Smith to Interrogatory No. 2:
See Staff's response to Lingle/Patla First Production Request Response No. 5 dated February 28, 1996, and the attached 1993 “Idaho Occupational Wage and Employment Survey.”  Also see testimony and exhibits of Robert E. Smith previously prefiled in this case.
INTERROGATORY NO. 3:  State all facts in support of and describe the purposes for the administrative supplies estimate of .50 per customer per month for postage and supplies where the estimate does not assume monthly billing as contained in staff member Robert E. Smith's staff report dated 5/25/95.
Response of Robert E. Smith to Interrogatory No. 3:
 The $.50 per month per customer estimate is simply that, an estimate as stated in the testimony of Robert E. Smith (page 12).  The allowance is intended to cover the cost of miscellaneous office supplies (postage, envelopes, invoices, stationary, copying costs, checks, pens pencils, note pads etc.), use of home office, equipment, telephone, electricity, heat, bank service charges etc.
INTERROGATORY NO. 4:  State all facts in support of the vehicle allowance estimate contained in staff member Robert E. Smith's staff report dated 5/25/95.
Response of Robert E. Smith to Interrogatory No. 4:
The vehicle allowance is based upon the mileage estimates contained in the testimony of Robert E. Smith multiplied by the $.26/mile recognized by the Internal Revenue Service, Idaho State Tax Commission and the State of Idaho for reimbursement to employees for
use of private vehicles.  The $.26/mile allowance covers the cost of fuel, oil, maintenance and depreciation on the vehicle.
INTERROGATORY NO. 5:  Identify any and all directors, officers, employees, or agents of Packsaddle Development Corporation contacted, interviewed, visited, or consulted by staff members of the Public Utilities Commission at any time between  January 17, 1995 and December 31, 1995, and for each person identified separately state the date and location of each contract, visit, interview or consultation.
Commission Staff has had contact with various members of the public concerning Packsaddle Development Corporation.  It is impossible to identify all persons and dates with whom the Staff had conversations.  The following are names of persons with whom Staff has had contact.
Response of Robert E. Smith to Interrogatory No. 5:
Commission Staff member Robert Smith has not maintained a log of all telephone conversations between himself and officers, directors, employees or agents of Packsaddle Development Corporation.  The majority of such contacts have been with Rea Fullmer.  He has also had telephone conversations with the Company's Attorney Roy Moulton and with Mr. Earl Bainbridge.
Commission Staff member Robert Smith had personal contact with the
following persons:
Robert Smith met with Rea Fullmer on the following dates:  May 3, 1995 at her home; May 4, 1995 at her home and toured the subdivision with her; July 6, 1995 at her home and at the office of Mr. Moulton; July 7, 1995 at the public information meeting in Driggs; September 6, 1995 at the office of Mr. Moulton and at the Public hearing in Driggs.  
Robert Smith met with Earl Bainbridge on the following dates:  June 30, 1995 at the IPUC offices in Boise; July 6 at the home of Rea Fullmer and at the offices of Roy Moulton; July 7, 1995 at the public information meeting in Driggs; September 6, 1995 at the office of Roy Moulton and at the public hearing in Driggs.
Robert Smith met with Bill Moulton, accountant for Packsaddle Development Corporation, on July 6, 1995 at the office of Roy Moulton.
Robert Smith met with Nita Bainbridge on the following dates:  May 3, 1995 at the home of Rea Fullmer; July 6, 1995 at the home of Rea Fullmer and at the office of Roy Moulton; July 7, 1995 at the public information meeting in Driggs; September 6, 1995 at the office of Roy Moulton and at the public hearing in Driggs.
Robert Smith met with Judy Tonks on the following dates:  July 6, 1995 at the home of Rea Fullmer and at the office of Roy Moulton; July 7, 1995 at the public information meeting in Driggs; September 6, 1995 at the office of Roy Moulton and at the public hearing in Driggs.
Response of  Rose Schulte to Interrogatory No 5:
Commission Staff member Rose Schulte met with Mr. and Mrs. Earl Bainbridge, Rea Fullmer, Judy Tonks, and Roy Moulton, Esq. on July 6, 1995, in Driggs, Idaho.
Informal telephone calls and direct visits were made on July 6-7, 1995 to Rea Fullmer and Judy Tonks to determine the Corporation's practice in billing, disconnection, and complaint procedures pursuant to Order No. 25908, issued February 23, 1995, which granted the investigation into whether Packsaddle Development Corporation is a public utility subject to Commission regulation.
 Staff member Rose Schulte held informal telephone conversations with Rea Fullmer to request drafts of billing information, disconnection notice requirements, and Summary of Customer Relation Rules and Regulations in accordance with the Idaho Public Utilities Commission Customer Relation Rules and Regulations, IDAPA 31.21.01 pursuant to Order No. 26077, issued June 29, 1995, which deemed Packsaddle Development Corporation a public utility as per Idaho Code§61-129.
Pursuant to Order No. 26296, issued January 8, 1996, which established water rates and granted a Certificate of Public Convenience and Necessity to Packsaddle, Staff member Rose Schulte requested via an informal telephone call to Rea Fullmer, a final copy of tariffs and general service provisions for Commission approval.  Tariffs and rate schedules were approved on January 30, 1996 and effective on January 9, 1996.  In compliance to IPUC Customer Relations Rules and Regulations, final copies of Packsaddle’s forms used for 7-day and 24-hour disconnection notices and its summary of rules and regulations were received from Rea Fullmer on March 6, 1996.
The exact dates of contact of the informal telephone conversations between Company representatives are unavailable.
Response of Don Oliason to Interrogatory No. 5:
Commission Staff member Don Oliason contacted Rea Fullmer of Packsaddle Development Corporation requesting the number of customers served by the water company.  Neither the time or the date of the contact was recorded and no other contacts were made.
REQUEST FOR PRODUCTION NO. 1:  Produce a copy of any and all notes made by staff members of the Public Utilities Commission in connection with any and all contacts, visits, interviews or consultations identified in Response to interrogatory Numbers 1 and 5.
Response of Robert E. Smith to Production Request No. 1:  
See Attachment A for the notes of Robert E. Smith.
Response of Rose Schulte to Production Request No. 1:
  Attached is a summary of all inquiries and complaints (customer contacts) filed with and/or communicated to the Commission regarding Packsaddle Development Corporation water operations during the time between January 1, 1995, and December 3, 1995.  (See Attachment B.)  The names of the contacting customer (or party) and handling investigator have been blackened out to provide the individuals with anonymity.  The underlying investigatory record is not subject to disclosure.  Reference Commission Rules of Procedure, Rule 26; Idaho Code § 9-337(5); Idaho Code § 9-335; Idaho Code§ 9-340(22).  All identified inquiries and complaints were considered, investigated and handled informally by Staff.  Reference Commission Rules of Procedures, Rules 21.
Response of Don Oliason to Production Request No. 1:
No notes were made in connection with contacts described in response to Interrogatory Nos. 1 and 5.
REQUEST FOR PRODUCTION NO. 2:  Produce a copy of any and all engineering plans, schematics, drawings, or proposals for the water system, provided to the Public Utilities Commission by Packsaddle Development Corporation.
Response of Robert E. Smith to Production Request No. 2:
 See Attachment C for copies of all of the platt maps and schematic drawings in the possession of the IPUC Staff.
REQUEST FOR PRODUCTION NO. 3:  Produce a copy of any and all past and present maintenance records and any maintenance proposals for the Packsaddle water system provided by Packsaddle Development Corporation to the Idaho Public Utilities Commission.
Response of Robert E. Smith to Production Request No. 3:
The IPUC Staff does not have in its possession copies of any maintenance records or proposals for the Packsaddle water system.  To the best of our knowledge such information does not exist prior to May 1995.  Staff has directed the Company to begin maintaining such records and is requesting copies from the Company at this time.

DATED  at Boise, Idaho, this           day of March 1996.
_____________________________________
Susan Hamlin
Deputy Attorney General
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