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Pulte Homes responds to Corporation Commission questions – kind of
by Brian DiTullio

PHOENIX – Pulte Homes responded to questions posed by the Arizona Corporation Commission and other entities on Aug. 17, but provided few answers to the many questions surrounding the company’s infrastructure payback agreement.

Pulte was brought into the Anthem rate‑hike proceedings by the commission in an effort to obtain additional information.

In four separate filings, Pulte addressed questions surrounding its involvement in setting Anthem’s utility rates when the planned community was approved 10 years ago and, in addition, how the proposed method of paying back infrastructure investment costs is going to affect water rates for Anthem customers of Arizona‑American Water.

“It’s responsive,” said Residential Utility Consumer Office Director Stephen Ahearn. “But we haven’t learned much yet. We’re trying to read between the lines and see if there are other questions we need to be asking.”

Each filing began with a “continuing objection” to the requests, stressed Pulte is a “non‑party” and refused to answer any financial questions posed, citing pertinent information is available from the utility companies, other information is irrelevant, and that the information requested “exceeds the Commission’s investigatory authority in this matter.”

The focus of the commission’s July 13 hearing was the refund to Del Webb/Pulte for Anthem water infrastructure. The payment due this past June was $4.2 million, but next year’s payment is expected to be $19.8 million.

One issue from the July hearing concerned a letter from Pulte employee Ben Dutton stating the repayment should not be the responsibility of Anthem customers. Upon being asked by commission staff to clarify the statement, and if that statement was Pulte’s official position, the company answered that the letter reflected the writer’s “personal opinion that Arizona American’s parent companies are responsible to assure the solvency of their subsidiaries.”

To RUCO, Pulte gave a similar answer in regard to the Dutton letter. “Mr. Dutton felt that Arizona American was unfairly asking Pulte at this late date to renegotiate a contract that Arizona American assumed, and that has been in place for years.”

To questions posed by Commissioner Kristin Mayes, separate from commission staff questions, Pulte said it was unable to locate documents from the 1997‑98 time period showing Del Webb’s projection for build‑out of the community. At the July 13 hearing, Charles Enochs, a Pulte vice president, testified the initial estimates were for a 20‑year build‑out.

The community will be considered built out within the coming year, according to Enochs’ testimony.

Mayes also asked for a copy of the documentation provided to Anthem home buyers concerning utilities and development fees. Pulte stated the current documentation package available now is all that they have. “Earlier home buyers may have received earlier versions of this package.”

Mayes could not be reached for comment on the latest filing.

The document did not state how long the current documentation package has been in use.

Estimates show a 66 percent increase in Anthem’s water rate and a 40 percent increase in the wastewater rate to be able to fund the “true‑up” payments, as they were called by Enochs.

The Pulte vice president stated at the hearing the problem is, Pulte now has invested more money than originally anticipated. Using round numbers, Enochs said the company would have invested $50 million to this point in the form of a no‑interest loan. However, since the development now is almost finished, they have invested closer to $100 million.

And they are paying finance charges for that money invested, according to Enochs, and delaying repayment will cost Pulte more money.

No dates for any future hearings have been scheduled, nor has a date been given for a final commission decision in the matter.

 
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