Monday, January 15,2007 Debra A. Howland Executive Director And
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Barbara 11 Orch Nashua, Monday, January 15,2007 Debra A. Howland Executive Director and Secretary NH Public Utilities Commission 21 South Fruit Street, Suite 10 Concord NM 03301-2429 RE: DW 04-048: City of Nashua - Pemichuck Water Works, Inc. Dear Ms. Howland: As a citizen intervener in the above mentioned case I respectfblly request that the following documents recently received be accepted as testimony. They expand and further explain my already submitted testimony. Given the holiday today and the PUC procedure scheduled for tomorrow, January 16,2007, I shall carry in all of the copies for everyone. There will be 8 copies for your department and copies for all parties in attendance. 1. Letter arrived last Friday January 10,2007 from the NH Securities Division. They are making public the supporting documents for the December 16,2004 State and Federal SEC statements concerning Pemichuck. They have been withheld as indicated in my testimony of January 10,2006. The 2 Sec reports were submitted into testimony April 22, 2005 attachment 3b and 3c. I request the right to submit at a future time testimony from these newly released documents. 2. Mr. Alan Manoian has continued his research on the history of Pennichuck Corporation as submitted in May 2006. 3. Two newspaper articles in the Nashua Telegraph on Sunday, October 22 and 29&. They will be submitted later once made available electronically. They reconfirm the history as written by Alan Manoian. Thank you for accepting this testimony. Sincerely, Barbara Pressly Mailing Address Location State House Room 204 State House Annex Concord, New Hampshire 03301 -4989 25 Capitol St. Telephone (603) 271 -1463 Concord, New Hampshire 03301 Facsimile (603) 271-7933 Barbara Pressly 11 Orchard Ave Nashua, NH 03060 Re: Pennichuck Corporation and Maurice Are1 INVO2-40 Dear Ms. Pressly; This letter is in response to your request under the Right To Know law, NH RSA 91-A. A determination has been made to open the file to the public. As the investigation of this matter was extensive and transpired over a considerable period of time, our file is voluminous and contained in over a dozen boxes. Therefore, the Bureau anticipates that the release of the file under 91-A will be an ongoing process requiring an ongoing review and determination of which documents will be released. Further, the parties involved with the investigation may assert during the Right To Know process that certain information should not be released. At the outset, we are opening a portion of our file to the public so that it may understand the gist of our investigation and the issues addressed. As you read through the information provided, please make note of any additional information that you seek, such as a document referred to. so that the Bureau may identify that document(s) and make a determination on its release to the public. Copying portions of the file will require a cost for reproduction paid to the state. Finally, 91-A exceptions which protect information from release dictates that we my deny your request for further and more specific information. If you would like to review our file, please indicate a date and time that you are available and we will try to accommodate you. If you have any questions, please call. TDD Access: Relay NH 1-800-735-2964 Barbara Pressly 1 1 Orchard Avenue Nashua, NH 03060 Jeffrey Spill, Deputy Director Bureau of Securities Regulation Department of State The State of New Hampshire State House Room 204 Concord-NH 0330 1-4989 Re: Pennichuck Corporation and Maurice Are1 INVO2-40 Dear Mr. Spill; Thank you for responding to my request of many months ago and opening the above mentioned file to the public. The first available date I have to review the file is Friday, January 19,2007 at 9 in the morning. I would like to bring a friend to make the task go more quickly. Please let me know if the date, time and more than one person at a time are acceptable to you. My phone number is 880-7752. You are welcome to leave a message on my machine. Thank you. fl Barbara Pressly V Barbara Pressly 11 Orchard Avenue Nashua, NH 03060 Phone (603) 880-7752 Email: barbaravia@,aol.com January 10,2006 Debra A. Howland Executive Director and Secretary New Hampshire Public Utilities Commission 2 1 South Fruit Street, Suite 10 Concord, NH 0330 1 RE: DW 04-048: City of Nashua - Pennichuck Water Works, Inc. Dear Ms. Howland: Enclosed for filing with the Commission in the above-captioned docket are the original and eight copies of my testimony of public interest as a supporting intervener meeting the January 12,2006 deadline for filing. Please consider and re-file the testimony filed early on April 22,2005 as part of this filing Sincerely, Barbara Pressly STATE OF NEW HAMPSHIRE BEFORE THE NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION CITY OF NASHUS'S PETITION FOR PURCHASING PENNICHUCK CORPORATION Docket No: DW 04-48 PUBLIC INT.EREST TESTIMONY OF BARBARA PRESSLY, SUPPORTIVE INTERVENOR FOR CITY OF NASHUA PURCHASING PENNICHUCK WATER SUBMITTED ON JANUARY 12,2006 1. Please accept the testimony regarding public purpose filed early on April 20,2005. 2. The most important portions of that filing are the two securities announcements attachments 6 and 7 of the filing of April20,2005. 3. Since that time it has been discovered that the investigation into the conduct of Pennichuck Corporation is not concluded. I had requested the supporting documents from the State Securities Division. Their formal reply states that the government continues to investigate the matter of Pennichuck Corporation. This continuing government investigation necessitates the supportive documents that I requested remain confidential. This secrecy suggests that other possible misdeeds are still to be revealed. I The citizens and rate payers of Nashua and surrounding area deserve to know who is managing their water supply and be protected fiom unaccountable ownership. Only municipal ownership can assure this. Barbara Pressly 11 Orchard Avenue Nashua, NH 03060 Phone: (603) 880-7752 Email : barbaravia@,aol.corn April 22,2005 Debra A. Howland Executive Director and Secretary New Hampshire Public Utilities Commission 2 1 South Fruit Street, Suite 10 Concord, NH 0330 1 Re: DW 04-048; City of Nashua - Pennichuck Water Works, Inc. Dear Ms. Howland: Enclosed for filing with the Commission in the above-captioned docket are the original and eight copies of my testimony of public interest as a supporting intervener. The points will be exclusive to Public Purpose. Copies shall be provided to the parties on the service list by email and regular postal service. The attachments shall be underlined to highlight the portions supporting my points. Please let me know if you have any questions regarding this filing. Sincerely, Barbara Pressly STATE OF NEW HAMPSHIRE BEFORE THE NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION CITY OF NASHUA'S PETITION FOR PURCHASING PENNICHUCK CORPORATION Docket No: DW 04-48 PUBLIC INTEREST TESTIMONY OF BARBARA PRESSLY, SUPPORTIVE INTERVENOR FOR CITY OF NASHUA PURCHASING PENNICHUCK WATER SUBMITTED ON APRIL 20,2005 PUBLIC PURPOSE is served by The City of Nashua taking ownership and exclusive decision making responsibility for our life sustaining WATER, a commodity owned by the people of the State of New Hampshire. 1. Water is a unique utility. It is a monopoly in the purest sense of the definition. NO competition is possible. Only one entity can have exclusive control. Water is essential to life. Water is a natural resource owned by the State, produced in the State, and housed by the State. Most other utilities produce, house and own the commodity they process and deliver. Pennichuck Corporation takes what belongs to the customer, processes it and delivers it to them. 2. Public ownership will ~rovideaccountability and transparency. Pennichuck Corporation has a long history of secrecy from its customers and stockholders. Municipal ownership will produce transparency and allow the ratepayers to know what the decisions are, how they are made and how to communicate with the decision makers. Municipal ownership will have all meetings and decisions open to the public and press a. Attachment 1 is the timeline written by myself with the facts leading up to Pennichuck planning to sell the Corporation. See the underlined portions showing Pennichuck being less than forthright with the customers and the stockholders. b. Attachment 2 is the newspaper article reporting the fact that I had to purchase a stock in the company in order to communicate with the decision makers (stockholders). Pennichuck refbsed to give me the stockholders list in accordance with State Law because I had publicly stated my objections to the sale. See underlined portions. c. Attachment 3 is the Superior Court Petition filed to force the Corporation to reveal the names of the Decision Makers. This demonstrates the tactics of delay, bullying and expense to keep secrets which would be common knowledge if it were owned by a government entity. The costs of their tactics were passed on to the ratepayers. See underlined portions and particularly page 2. d. Attachment 4 is the settlement where Pennichuck produced the shareholders list and paid my court costs. See the underlined portions of pages 5 and 7. 3. Public ownership will protect the wetlands (the natural water purification system). Pennichuck Corporation has permanently destroyed the wetlands and buffer areas which naturally protect out drinking water supply. The profit from this development was pure profit for the shareholders. I believxt if the water had been owned and managed by the City, the wetlands would NOT have been destroyed. The citizens of Nashua would have known about the plan and would have actively objected.