20060322UWI 1st interrogatories, requests to BRACE.pdf

Dean J. Miller (ISB #1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ID 83702
Tel: [phone]
Fax: [phone]
ioe~mcdevitt -miller. com
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Attorneys for United Water Idaho Inc.ORIGINAL
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
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
Interro2atorv 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.
Interro2atorv No.. Explain how intervention in this proceeding will advance the
corporate purpose of educating the public concerning municipal water system ownership issues.
Interro2atorv 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.
REOUESTS 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
(,.
day of March, 2006.
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
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 Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
p.o. Box 83720
Boise, ID 83720~007 4
jj ewell ~puc, state.id. us
Hand Delivered
S. Mail
Fax
Fed. Express
Email
Scott L Campbell, Esquire
MOFFATT, THOMAS, BARRETT ROCK
&:;
FIELDS, CHARTERED
O. Box 829
Boise, ID 83701
Hand Delivered
S. Mail
Fax
Fed. Express
Email
UNITED WATER'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF
DOCUMENTS TO BOISE RESIDENTS AGAINST COMMERCIAL EXPLOITATION INC. - 4