rWQ1GINAL HIIIIIIIIII¢IIIIIIIIIIumII» l\i0I\l0\\10lII0 QI III ll 1 BEFORE THE ARIZONA CORPORATION COMMISSION 2 COMMISSIONERS ArizonaCorporation Commission TOM FORESE, Chairman DOCKETED 3 BOB BURNS ANDY TOBIN 4 BOYD DUNN JUL 2 2018 JUSTIN OLSON DOCKBTED 5 6 IN THE MATTER OF THE APPLICATION OF Docket No. WS-01303A-17-0257 7 EPCOR WATER ARIZONA INC., FOR A DETERMINATION OF THE CURRENT FAIR 8 VALUE OF ITS UTILITY PLANT AND PROPERTY AND FOR 9 INCREASES/DECREASES IN ITS RATES l` » P AND CHARGES BASED THEREON FOR c a O n é' 10 UTILITY SERVICE BY ITS AGUA FRIA, o n ¢ . n o c :<:o3° ANTHEM, CHAPARRAL, HAVASU, r " mw9 11 MOHAVE, NORTH MOHAVE, PARADISE l -lim N n o - VALLEY, SUN CITY, SUN CITY WEST, c z ; z 12 TUBAC, AND WILLOW VALLEY WATER '0 .-Q;ZCJ p p DISTRICTS AND FOR CONSIDERATION OF - av' * c 13 CONSOLIDATION PROPOSALS. N 2 : _J 14 15 RUCO'S APPLICATION FOR ISSUANCE OF SUBPEONEA TO REQUIRE THE ATTENDANCE OF PAUL WALKER FOR HEARING 16 17 The Residential Utility Consumer Office ("RUCO"), pursuant to Arizona Administrative 18 Code Rule 14-3-109 (O) and Rule 45 of the Arizona Rules of Civil Procedure respectfully 19 requests the issuance of a Subpoena in the form attached to require the attendance and 20 testimony of Paul Walker at hearing on July 17, 2018 at 10 A.M at the Arizona Corporation 21 Commission, 1300 West Washington, Phoenix Arizona, 85007. As good cause, RUCO states: 22 1. RUCO is currently a party in the rate case. The issue of rate consolidation is 23 perhaps the most contested issue in the subject case. Paul Walker is an expert on the issue of 24 -1- 1 rate consolidation. Mr. Walker was instrumental in the Commission's decision to approve a 2 policy regarding the consolidation in the Commission's inquiry to evaluate and potentially 3 encourage consolidation concerning Arizona's water and wastewater utilities industry. See 4 Docket WS-00000A-14-0198. Mr. Walker also co-authored with RUCO's former Director, 5 Patrick Quinn, a white paper on the issue of consolidations. Mr. Walker will add insight on the 6 issue of rate consolidation from both a technical and policy perspective. Mr. Walker will 7 discuss the white paper in detail and its application as well as Mr. Walkers views on the issue 8 in the subject case. Mr. Walker is well-known to the Arizona Corporation Commission as he g has appeared in many cases on many issues over the years before the Arizona Corporation 10 Commission. Mr. Walker's testimony will undoubtedly benefit the record and provide additional 11 and relevant evidence for the Commission to consider in its deliberations on this very important 12 issue in this case. 13 2. Mr. Walker will testify on the issues associated with rate consolidation as well as 14 the facts and circumstances surrounding the white paper that he co-authored on the subject. 15 Attached as Exhibit 1 to this motion is a copy of the subject white paper. 16 3. Mr. Walker, among other things was the policy advisor to Former ACC Chairman 17 Marc Spitzer. Mr. Walker formerly worked in the administration of Governor Jane Dee Hull and 18 US Congressman John J. Rhodes, III. More recently, Mr. Walker was elected to the national 19 Board of Directors of ConservAmerica and served as the organizations Executive Director. 20 4. Mr. Walker does not work for RUCO nor is he being paid as a consultant for 21 RUCO in this case. 22 23 1 RUCO withdrew its support for the White Paper in the generic docket over its concern at the time of the Commission's ability to adhere to the underlying principles of the White Paper. RUCO does not share that 24 concern about the present Commission. -2- 1 5. Mr. Walker will be out of the country through July 18, 2018 and will be available 2 to testify on July 19, 2018. 3 WHEREFORE, RUCO respectfully requests that the Commission issue a subpoena in 4 the form of the attached requiring the attendance of Paul Walker to testify at the hearing in this 5 matter scheduled to start on July 17, 2018. 6 7 RESPECTFULLY SUBMITTED this 2nd day of July, 2018. 8 9 10 ¢$ > Mel W. Pozefsky Chief Counsel 11 12 13 14 15 16 17 18 19 20 21 22 2 3 24 -3_ 1 On this 2nd day of July, 2018, and original and thirteen copies of the foregoing document were filed with Docket Control. Copies of the foregoing document were mailed by RUCO 2 to the following who have not consented to email service. On this date or as soon as possible thereafter, the Commission's e Docket program will automatically email a link to 3 the foregoing document to the following who have consented to email service. 4 Andy Kvesic Albert Gervenack Legal Division Bob Miller 5 Arizona Corporation Commission Property Owners and Residents 1200 w. Washington Street Association 6 Phoenix, AZ 85007 13815 Camino Del Sol LeqalDiv(d)azcc.qov Sun City West, AZ 85372 7 [email protected] Al.qervenack@_porascw.orq Consented to Service by Email [email protected] 8 Consented to Service by Email Thomas Campbell 9 Michael Hal lam Marshall Magruder Lewis Rosa Rothgerber Christie LLP P.O. Box 1267 10 201 E. Washington St. Tubac, AZ 85646-1267 Phoenix, AZ 85004 [email protected] 11 [email protected] Consented to Service by Email [email protected] 12 [email protected] Andrew Miller [email protected] Town of Paradise Valley 13 Consented to Service by Email 6401 E. Lincoln Drive Paradise Valley, AZ 85253 14 Douglas Edwards [email protected] 13517 W. Sola Drive Consented to Service by Email 15 Sun City West, AZ 85375 [email protected] Lawrence Robertson, Jr. 16 Consented to Service by Email Munger Chadwick, PLC 210 W. Continental Road, Suite 216A 17 Greg Eisert Green Valley, AZ 85622 Sun City Homeowners Association [email protected] 18 10401 W. Coggins Drive Attorneys for Santa Cruz Valley Citizens Sun City, AZ 85351 Council 19 re eisert mail.com Consented to Service by Email Consented to Service by Email 20 Regina Shan fey-Saborsky Corte Bella Country Club Homeowners 21 Association 22155 N. Mission Drive 22 Sun City West, AZ 85375 [email protected] 23 Consented to Service by Email 24 -4- l \ 1 Diane Terry Smith 13234 w. Cabrillo Drive 2 Sun City West, AZ 85375 Skylar [email protected] 3 Consented to Service by Email 4 Steve Wene Moyes Sellers Hendricks, LTC 5 1850 n. Central Ave., Suite 1100 Phoenix, AZ 85004 6 Attorneys for Bullhead City 7 Raymond Valle Verrado Utilities Council 8 20823 W. Canyon Dr. Buckeye, AZ 85396 9 [email protected] Consented to Service by Email 10 Roger Willis 11 Anthem Community Council 3701 W. Anthem Way, Suite 201 12 Anthem, AZ 85086 [email protected] 13 Consented to Service by Email 14 Michele Van Quathem Law Offices of Michelle Van Quathem, 15 PLLC 7600 n. 15th St., Suite 150-30 16 Phoenix, AZ 85020 Attorney for DMB White Tank, LLC, 17 DMB Verrado Golf I LLC, Verrado ARC LLC, and Verrado 18 Community Assoc., Inc. [email protected] 19 Consented to Service by Email 20 21 l l l 22 By 4 Cheryl Fraul 23 24 -5- I 1 BEFORE THE ARIZONA CORPORATION COMMISSION 2 COMMISSIONERS TOM FORESE, Chairman 3 BOB BURNS ANDYTOBIN 4 BOYD DUNN JUSTIN OLSON 5 IN THE MATTER OF THE APPLICATION OF 6 EPCOR WATER ARIZONA INC., FOR A DETERMINATION OF THE CURRENT FAIR Docket No. WS-01303A-17-0257 7 VALUE OF ITS UTILITY PLANT AND PROPERTY AND FOR 8 INCREASES/DECREASES IN ITS RATES SUBPOENA DUCES TECUM AND CHARGES BASED THEREON FOR 9 UTILITY SERVICE BY ITS AGUA FRIA, ANTHEM, CHAPARRAL, HAVASU, 10 MOHAVE, NORTH MOHAVE, PARADISE VALLEY, SUN CITY, SUN CITY WEST 11 TUBAC, AND WILLOW VALLEY WATER DISTRICTS AND FOR CONSIDERATION OF 12 CONSOLIDATION PROPOSALS. 13 THE ARIZONA CORPORATION COMMISSION TO: 14 Paul Walker 15 209 E. Baseline Road, E-102 Tempe, Arizona 85283 16 PURSUANT to Ariz. Const. Art. 15 § 4, A.R. s. § § 40-105, 40-241, 40-242, 40-244, 17 A.A.C. R14-3-101 and R14-3-109, and 16 A.R.S. Rules of Civil Procedures, Rules 30 and 45, you are hereby commanded to appear and give your testimony at the time and place specified 18 below. 19 YOU ARE COMMANDED to appear at the hearing of this matter scheduled below and 20 produce any and all documents pertaining to this matter, including, but not limited to, books, papers, documents, tangible things, notes, correspondence, and drafts not provided in 21 previous discovery. 22 DATE AND TIME OF APPEARANCE July 19, 2018 AND PRODUCTION: 2 3 9:00 A.M. 24 -1- 1 PLACE OF APPEARANCE AND PRODUCTION: Arizona Corporation Commission, 2 1200 West Washington, Hearing Room, Phoenix, AZ 85007 3 4 You have been subpoenaed by: Residential Utility Consumer Office, whose attorney's name, address and telephone number is: 5 6 Daniel W. Pozefsky 1110 West Washington, Suite 220 7 Phoenix, AZ 85007 (602) 364-4839 8 Requests for reasonable accommodation for persons with disabilities must be made to 9 the division assigned to the case by parties at least 3 judicial days in advance of a scheduled court proceeding. 10 Your Duties In Responding To This Subpoena 11 You have the duty to produce the documents requested as they are kept by you in the 12 usual course of business, or you may organize the documents and label them to correspond with the categories set forth in this subpoena.