Letter of Engagement - Kroger Gardis & Regas LLC - IURC Rate Case Representation

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�� W October 31, 2017, Via Eleetronic Mail Robert M. Glennon, Esquire Robert .Glennon & :Assoc., P.C. 3697 N. Co. Rd. 500 E. Danville, Indiana 46122 RE: IURC Cause No. 44967 Dear Bob: Thank you for our discussions regarding your firm's intervention in the above referenced cause on behalf of the City. of South.Bend, Indiana ("South Bend"). Pursuant to discussions between your client and our client, City of Fort Wayne, Indiana ("Fort Wayne"), this letter will evidence the agreement between our clients to share the fees and expanses o f Fort Wayne's rate consultants GDS Associates, Inc. of Marietta, Georgia ("GDS") and HJ Umbaugh ("Umbaugh" and together the. "Experts") in preparing and submitting testimony on behalf of fort Wayne, City of Marion, South Bend and other participating municipal intervenors in the above cause. Fort Wayne and Marion are sharing in the fees of GDS based on their total 2016 payments to Indiana & Michigan Power, exclusive of streetlight billings, in the percentages previously shared with you, and is dividing equally the fees of Umbaugh. However, South Bend will have the opportunity to. receive and ,review the draft testimony of the Experts upon the execution of this letter agreement and commitment to participate in the fees of the Experts on a slightly different basis as set forth herein. Upon the commitment by South Bend evidenced. by executing this.letter to pay $10,000.00 toward the fees of the Experts, South Bend will receive the Experts' draft testimony and will have the option to.adopt and sponsor the Experts' testimony, or it. may choose.not to...do so..If South Bend chooses not to adopt or sponsor any testimony of the Experts, South Bend will only be responsible for the $10,00.0.00 payment of the .Experts' collective fees for testimony preparation .as . billed in the normal coarse of business. in the event South Bend adopts or sponsors all or any portion of the testimony of the Experts, South Bend will be responsible for-37.3% of the GDS fees and an equal share of the Umbaugh fees for testimony preparation as ,billed in the normal course of business. The parties shall separately bear the costs of their own respective legal counsel. Fort Wayne may add additional municipal intervenors to this agreement on similar terms. On behalf of our clients, each of our firms and Fort Wayne's experts have executed or acknowledged a Nondisclosure Agreement, and discussions between our clients, lawyers of our firms, and our jointly engaged or separate consultants will fall under the terms of that Agreement. All such communication by and among the foregoing parties shall remain confidential and privileged communication unless mutually agreed by authorized representatives of each party.