20150504Staff 1-13 to Boise City.pdf

BRANDON KARPEN
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
(208) 334-03s7
IDAHO BAR NO. 7956
Street Address for Express Mail:
472W, WASHINGTON
BOISE, IDAHO 83702-5918
Attorneys for the Commission Staff
IN THE MATTER OF THE JOINT
APPLICATION OF UNITED WATER IDAHO,
INC., AND THE CITY OF BOISE,IDAHO FOR
APPROVAL OF AN AGREEMENT FOR
REPLACEMENT AND OPERATION OF FIRE
HYDRANTS AND RELATED RATE MAKING
TREATMENT.
fi0
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. UWI-W-15-02
FIRST PRODUCTION
REQUEST OF THE
COMMISSION STAFF TO THE
CITY OF BOISE,IDAHO
The Staff of the Idaho Public Utilities Commission, by and through its attorney of record,
Brandon Karpen, Deputy Attorney General, requests that the City of Boise, Idaho (Boise City)
provide the following documents and information as soon as possible, but no later than
MONDAY, MAY 25,2015.
This Production Request is to be considered as continuing, and Boise City is requested to
provide, by way of supplementary responses, additional documents that it or any person acting
on its behalf may later obtain that will augment the documents or information produced.
Please provide answers to each question, supporting workpapers that provide detail or are
the source of information used in calculations, and the name, job title and telephone number of
the person preparing the documents. Please identify the name, job title, location and telephone
number of the record holder.
FIRST PRODUCTION REQUEST
TO THE CITY OF BOISE, IDAHO MAY 4,2015
In addition to the written copies provided as response to the requests, please provide all
Excel and electronic files on CD with formulas activated.
REQUEST NO. 1: Please provide a copy of the current Franchise Agreement between
United Water and Boise City.
REQUEST NO. 2: Is a new franchise agreement currently being negotiated? If so,
when is the new franchise agreement expected to become effective?
REQUEST NO.3: The direct testimony of Neil Oldemeyer states on page 3, lines 1-5:
"l have not been able to identiff the original reason for the City owning the hydrants, but have
come across documentation that suggests that the City has maintained this operational model
because of control issues: maintenance and operation responsibilities, potential ownership issues,
and so forth. At this point, City leadership has decided the benefits of transferring ownership
outweigh any concerns that may currently exist or in the past been present."
a. Please provide a copy of the documentation referred to by Oldmeyer.
b. Please elaborate on the specific concerns of "maintenance and operation
responsibilities, potential ownership issues, and so forth" as referred to by Oldmeyer.
c. Please describe any past or current concems of the city as referred to by Oldmeyer.
REQUEST NO. 4: Please explain what operational and maintenance expertise Boise
City believes it lacks and that United Water possesses as referred to on page 4, lines 18-20 of
Neil Oldemeyer's testimony. Does Boise City believe that its lack of operational and
maintenance expertise has jeopardized fire protection for Boise residents in the past under City
ownership of fire hydrants?
REQUEST NO. 5: What operational and maintenance standards does Boise City
currently follow for its fire hydrants? Please explain how the operational and maintenance
standards United Water proposes to follow differ from the operational and maintenance
standards currently employed by Boise City.
FIRST PRODUCTION REQUEST
TO THE CITY OF BOISE, IDAHO MAY 4,2015
REQUEST NO. 6: On page 5, lines 7-11 of Neil Oldemeyer's testimony, he states,
"The hydrants are paid for by the general fund (largely taxes), which not everyone pays. This
means that governments, non-profits, and other tax exempt entities are not required to fund this
important element of the water and fire protection system even though they receive great benefit
from it." Can the same be said for police protection, parks, libraries and other city-provided
services? Please explain.
REQUEST NO. 7: Please provide a list showing the amounts collected by Boise City
for franchise fees paid by United Water for each of the past 10 years and an explanation of how
the city uses that money.
REQUEST NO. 8: Does Boise City propose to reduce its franchise fee since it will no
longer be responsible for ownership and maintenance of f,rre hydrants that become owned by
United Water? Please explain.
REQUEST NO. 9: Does Boise City now or in the past use funds collected from United
Water through franchise fees to fund any costs associated with ownership and maintenance of
fire hydrants? Please explain.
REQUEST NO. 10: Will Boise City residents realize any tax reductions or other
savings if fire hydrant ownership is transferred to United Water? Please explain.
REQUEST NO. 11: Please explain why Boise City believes United Water customers
should fund Boise's fire protection equipment, infrastructure, enhance or preserve the current
level of services for fire, police, libraries and parks, as stated by Oldemeyer in his testimony on
page 6,lines l2-16.
REQUEST NO. 12: If this application is approved, will Boise City continue to maintain
responsibility to operate and maintain the hydrants it will still own over the projected 4}-year
transition period? Will Boise City be responsible for the operation and maintenance of any
FIRST PRODUCTION REQUEST
TO THE CITY OF BOISE, IDAHO MAY 4,2015
hydrants within the city? [f so, does Boise City expect to retain the expertise to maintain fire
hydrants over the next 40 years?
REQUEST NO. 13: Does Boise City believe that United Water ownership of fire
hydrants will provide a greater level of fire protection than is currently being provided under
Boise City ownership? Please explain.
DATED at Boise,Idaho, tni, \V day of May 2015.
Technical Staff: Rick Sterling (1-13)
i:umisc:prodreq/uwil5.2bkrpsph prod req I to COB
FIRST PRODUCTION REQUEST
TO THE CITY OF BOISE, IDAHO MAY 4,2015
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 4TH DAY oF MAY 2075, SERVED
THE FOREGOING FIRST PRODUCTION REQUEST OF THE COMMISSION
STAFF TO CITY OF BOISE, IDAHO, IN CASE NO. UWI-W-15-02, BY MAILING
A COPY THEREOF, POSTAGE PREPAID, TO THE FOLLOWNG:
GREGORY P WYATT
I.INITED WATER IDAHO INC
PO BOX t90420
BOrSE ID 83719-0420
EMAIL: [e-mail]
CITY OF BOISE
ATTN: PUBLIC WORKS DIRECTOR
150 NORTH CAPITOL BLVD
BOISE ID 83702
DEAN J MILLER
McDEVITT & MILLER LLP
420 W BANNOCK
BOISE ID 83702
EMAIL: i [e-mail]
DOUGLAS K. STRICKLING
BOISE CITY ATTORNEY'S OFFICE
I5O NORTH CAPITOL BLVD
BOISE ID 83702
EMAIL: [e-mail]
CERTIFICATE OF SERVICE