Case Number: 10-0203

  • 01/15/2014
    Filing - Appearance

    Change of Address and Affiliation and Notice of Additional Appearance, filed by Whitt Sturtevant LLP on behalf of Illinois-American Water Company. (Electronic)
  • 11/27/2013
    Briefs - Reply/Response

    Reply Brief of the Staff of the Illinois Commerce Commission, filed. (Electronic)
  • 11/27/2013
    Briefs - Reply/Response

    Reply Brief of Illinois-American Water Company, filed. (Electronic)
  • 11/27/2013
    Briefs - Reply/Response

    Reply Brief of the People of the State of Illinois, filed. (Electronic)
  • 11/13/2013
    Briefs - Initial

    Initial Brief of the Staff of the Illinois Commerce Commission, filed. (Electronic)
  • 11/13/2013
    Briefs - Initial

    Initial Brief of Illinois-American Water Company, filed. (Electronic)
  • 11/13/2013
    Briefs - Initial

    Initial Brief of the People of the State of Illinois, filed. (Electronic)
  • 10/16/2013
    Transcript - Received

    Transcript - September 25, 2013, received.
  • 09/30/2013
    Service - Administrative Law Judge Ruling

    This ruling by the Administrative Law Judge is issued with respect to the “Corrected Motion to Strike IAWC Exhibits 2.0, 2.0R, 2.01R and 2.02R” (“Motion to Strike” or “Motion”), filed by the People of the State of Illinois by the Attorney General of the State of Illinois (“People” or “AG”).
    Illinois-American Water Company (“IAWC”) filed a response in opposition to the Motion. The AG filed a reply to the response.
    IAWC Exhibit 2.0 is the direct testimony of IAWC witness Michael Smyth, Senior Manager of Field Services and Production for IAWC’s Chicago Metro District. IAWC Exhibit 2.0R is the rebuttal testimony of Mr. Smyth. Exhibits 2.01R and 2.02R are identified in and attached to Exhibit 2.0R.
    In his rebuttal testimony, Mr. Smyth was responding to the direct testimony of Illinois Commerce Commission Staff (“Staff”) witness William Atwood, who is employed by the Commission as an Engineer. The AG did not present any direct or rebuttal witness testimony.
    In its Motion, the AG objects, on relevancy grounds, to portions of Mr. Smyth’s direct and rebuttal testimony, as well as rebuttal exhibits 2.01R and 2.02R.The AG also objects to IAWC Exhibits 2.01R and 2.02R as hearsay.
    Staff did not object to the admissibility of the IAWC testimony and exhibits. Staff did respond to and take issue with the IAWC testimony through Staff witness Atwood’s direct and rebuttal testimony.
    The testimony, exhibits and arguments have been reviewed. Whether the IAWC rebuttal testimony should be stricken on relevancy grounds is a close question, especially considering that most of the rainfall events described in Mr. Smyth’s rebuttal occurred in years subsequent to the close of the 2009 reconciliation year.
    In his rebuttal testimony, Mr. Smyth is responding to Mr. Atwood’s direct testimony, including statements by Mr. Atwood regarding the effects of wet weather conditions on sewage flows. In his rebuttal, Mr. Atwood, in turn, responded to Mr. Smyth on those issues.
    While Mr. Atwood’s proposed adjustment is limited to expenditures in the 2009 reconciliation year, the methodology he used in allocating responsibility for excess flow charges, including the effects of wet weather on inflow and infiltration (“I/I”), is not limited to events in 2009. For example, in arriving at his proposed disallowance in the current case, Mr. Atwood used the same methodology utilized by the Commission in its Order on the IAWC reconciliation in Docket No. 09-0151, which involved the 2008 reconciliation period.
    Under the circumstances, it was not unreasonable for IAWC, in response to Mr. Atwood’s expert testimony and analysis, to put in information regarding weather events in years before or after the reconciliation year in its efforts to show that Mr. Atwood’s allocation methodology does not give proper consideration to the effect of wet weather on I/I and should not be used.
    Whether the information the AG wants stricken actually supports IAWC’s position that Staff’s methodology is wrong is a different question, one that will not be answered in this ruling. It is noted that both Staff in Mr. Atwood’s rebuttal testimony and the AG in its argument contend that the information does not support IAWC’s position.
    The AG also objects on relevancy grounds to a sentence in Mr. Smyth’s direct testimony regarding sewer main replacement work. Relying on responses to data requests that are now in the evidentiary record, and which state that the work was not completed until 2011, the AG argues that testimony about the work is irrelevant to the 2009 reconciliation year.
    In its response, IAWC argues in part that its actions taken in 2011 are relevant because the AG and Staff did not contend, until 2010, that they viewed such work as being related to overage charges and I/I.
    The filings have been reviewed. Whether IAWC undertook the work in a reasonably prompt manner is an element of Staff’s analysis. The information to which the AG objects is relevant to that question. Whether the information actually supports IAWC’s position that it undertook such actions in a timely manner is a different question, one that will not be answered in this ruling. It is noted that both Staff in Mr. Atwood’s testimony and the AG in its argument contend that the information does not support IAWC’s position. In conclusion, it is ruled that the testimony and exhibits to which the AG objects in its Motion will not be stricken on relevancy grounds. The AG also objects to IAWC Exhibits 2.01R and 2.02R as hearsay. IAWC responds that Exhibit 2.02R falls within certain hearsay exceptions in the Illinois Rules of Evidence. IAWC also suggests that both exhibits are of a type reasonably relied upon by prudent persons, and are similar to items placed into evidence by the AG in the 2009 reconciliation proceeding in Docket No. 09-0251. In its reply, the AG did not specifically respond to IAWC’s hearsay arguments. It is hereby ruled that IAWC Exhibits 2.01R and 2.02R will not be stricken on hearsay grounds. In conclusion, the testimony and exhibits that are the subject of the AG’s Motion are not stricken. Notice served electronically to parties.
  • 09/25/2013
    Transcript - Received

    Transcript - September 19, 2013, received.
  • 09/25/2013
    Hearing Report - Heard and Taken-Yes

    Heard by Administrative Law Judge Jones and Taken.
  • 09/25/2013
    Hearing Report - Exhibits

    e-Docket: Staff Exhibits: 1.0 (Everson) and 2.0 (Atwood), both filed 04/03/13; 3.0 (Atwood) filed 07/11/13; 4.0 and 5.0 affidavits, both filed 09/19/13.
    AG Group Exhibit 1 filed 09/25/13 (Parts 1, 2, 3, & 4)
  • 09/25/2013
    Transcript - Pending

    Transcript pending.
  • 09/19/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to September 25, 2013, in Springfield, at 11:00 A.M.
  • 09/19/2013
    Transcript - Pending

    Transcript pending.
  • 09/18/2013
    Transcript - Received

    Transcript - September 6, 2013, received.
  • 09/06/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to September 19, 2013, in Springfield, at 10:00 A.M.
  • 09/06/2013
    Transcript - Pending

    Transcript pending.
  • 08/21/2013
    Transcript - Received

    Transcript - August 7, 2013, received.
  • 08/12/2013
    Transcript - Received

    Transcript - July 18, 2013, received.
  • 08/07/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to September 6, 2013, in Springfield, at 10:00 A.M.
  • 08/07/2013
    Transcript - Pending

    Transcript pending.
  • 07/18/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to August 7, 2013, in Springfield, at 10:00 A.M.
  • 07/18/2013
    Transcript - Pending

    Transcript pending.
  • 07/16/2013
    Filing - Reply

    People of the State of Illinois' Reply to IAWC's Response to Corrected Motion to Strike IAWC Exhibits 2.0, 2.0R, 2.01R and 2.02R, filed. (Electronic)
  • 07/09/2013
    Filing - Response

    Response to AG Corrected Motion to Strike IAWC Exhibits 2.0, 2.0R, 2.01R, and 2.02R, filed. (Electronic)
  • 06/25/2013
    Transcript - Received

    Transcript - June 11, 2013, received.
  • 06/18/2013
    Filing - Motion

    Corrected Motion to Strike IAWC Exhibits 2.0, 2.0R, 2.01R and 2.02R, filed by the People of the State of Illinois. (Electronic)
  • 06/17/2013
    Filing - Motion

    Verified Motion to Strike IAWC Exhibits 2.0, 2.0R, 2.01R and 2.02R filed by the Illinois Attorney General's Office. (electronic)
  • 06/12/2013
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to July 18, 2013, in Springfield, at 10:00 A.M. Notice served electronically to parties.
  • 06/11/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to July 18, 2013, in Springfield, at 10:00 A.M.
  • 06/11/2013
    Transcript - Pending

    Transcript pending.
  • 04/24/2013
    Transcript - Received

    Transcript - April 10, 2013, received.
  • 04/10/2013
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to June 11, 2013, in Springfield, at 10:00 A.M.
  • 04/10/2013
    Transcript - Pending

    Transcript pending.
  • 03/13/2013
    Service - Hearing Continuance Letter

    Hearing scheduled for March 21, 2013, continued by the Administrative Law Judge to April 10, 2013, in Springfield at 10:00 A.M. Notice served electronically to parties.
  • 03/11/2013
    Filing - Appearance

    Additional Appearance on behalf of the People of the State of Illinois, filed. (Electronic)
  • 03/11/2013
    Filing - Motion

    Motion to Partially Modify Schedule by Agreement, filed by People of the State of Illinois. (Electronic)
  • 12/13/2012
    Transcript - Received

    Transcript - November 29, 2012, received.
  • 11/29/2012
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to March 21, 2013, in Springfield, at 10:00 A.M.
  • 11/29/2012
    Transcript - Pending

    Transcript pending.
  • 10/31/2012
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to November 29, 2012, in Springfield, at 10:00 A.M. Notice served electronically to parties.
  • 08/28/2012
    Filing - Appearance

    Notice of Substitution of Counsel filed by Illinois-American Water Company. (electronic)
  • 06/20/2012
    Transcript - Received

    Transcript - June 6, 2012, received.
  • 06/06/2012
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued generally.
  • 06/06/2012
    Transcript - Pending

    Transcript pending.
  • 05/31/2012
    Filing - Appearance

    Additional Appearance on behalf of the People of the State of Illinois, filed. (Electronic)
  • 10/12/2011
    Hearing Report - Continued w/o Hearing

    Case continued on Hearing Report by Administrative Law Judge Jones to June 6, 2012, in Springfield, at 9:30 A.M.
  • 08/05/2011
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to October 12, 2011, in Springfield at 10:00 A.M. Notice served electronically to parties.
  • 07/06/2011
    Hearing Report - Continued w/o Hearing

    Case continued on Hearing Report by Administrative Law Judge Jones to October 12, 2011, in Springfield, at 10:00 A.M.
  • 05/02/2011
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to July 6, 2011, in Springfield at 10:00 A.M. Notice served electronically to parties.
  • 04/08/2011
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to July 6, 2011, in Springfield, at 10:00 A.M.
  • 04/08/2011
    Transcript - Pending

    Transcript pending.
  • 02/15/2011
    Transcript - Received

    Transcript - January 31, 2011, received.

  • 02/01/2011
    Service - Hearing Continuance Letter

    Hearing continued by the Administrative Law Judge to April 8, 2011, in Springfield at 9:30 A.M. Parties advised electronically.
  • 01/31/2011
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to April 8, 2011, in Springfield, at 9:30 A.M.
  • 01/31/2011
    Transcript - Pending

    Transcript pending.
  • 10/12/2010
    Transcript - Received

    Transcript - September 27, 2010, received.
  • 09/27/2010
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to January 31, 2011, in Springfield, at 2:00 P.M.
  • 09/27/2010
    Transcript - Pending

    Transcript pending.
  • 09/14/2010
    Service - Notice

    Hearing scheduled for September 28, 2010, advanced by the Administrative Law Judge to September 27, 2010, in Springfield at 2:00 P.M. Notice served electronically to parties.
  • 08/04/2010
    Transcript - Received

    Transcript - July 21, 2010, received.
  • 07/21/2010
    Filing - Appearance

    Additional Appearance on behalf of the People of the State of Illinois, filed. (Electronic)
  • 07/21/2010
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to September 28, 2010, in Springfield, at 10:00 A.M.
  • 07/21/2010
    Transcript - Pending

    Transcript pending.
  • 06/17/2010
    Transcript - Received

    Transcript - June 3, 2010, received.
  • 06/03/2010
    Hearing Report - Heard and Continued

    Heard by Administrative Law Judge Jones and continued to July 21, 2010, in Springfield, at 10:00 A.M.
  • 06/03/2010
    Transcript - Pending

    Transcript pending.
  • 05/21/2010
    Service - Setting/Prehearing Conference

    Set for Prehearing Conference by the Administrative Law Judge on June 3, 2010, in Springfield at 11:00 A.M. Parties advised by letter. (Notice also mailed to Clerks of Municipalities served by Illinois-American Water Company)
  • 04/09/2010
    Filing - Petition to Intervene

    Verified Petition of the People of the State of Illinois for Leave to Intervene, filed. (Electronic)
  • 03/15/2010
    Filing - Petition/Application

    Application for Approval of its Annual Reconciliation of Purchased Water and Purchased Sewage Treatment Surcharges, filed by Illinois-American Water Company. (Hand Delivered)