20060504Motion to extend time to file brief.pdf

WELDON B. STUTZMAN, ID BAR NO. 3283
DONOV AN E. WALKER, ID BAR NO. 5921
DEPUTY ATTORNEYS GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074
[phone]
Attoll1eys for the Respondent on Appeal
Idaho Public Utilities Commission
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IN THE SUPREME COURT OF THE STATE OF IDAHO
UNITED WATER IDAHO INc.
Appellant
IDAHO PUBLIC UTILITIES COMMISSION
Respondent.
SUPREME COURT
DOCKET NO. 32431
IPUC CASE NO.
UWI - W 04-
IDAHO PUBLIC UTILITIES
COMMISSION'S MOTION
FOR EXTENSION OF TIME
TO FILE RESPONDENT'
BRIEF
COMES NOW the Respondent on Appeal, Idaho Public Utilities Commission, and
respectfully moves this Court pursuant to Idaho Appellate Rules 34(e) and 46, for an extension
of time in which to file the Respondent's Brief in this case. This Motion is based upon the
attached Affidavit of Weldon B. Stutzman, Deputy Attorney General, and counsel of record in
this appeal. The Commission asserts that there is good cause to grant the requested extension of
time.
Respectfully submitted this 4~day of May 2006.
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Weldon B. Stutzman
Deputy Attorney General
Attorney for Respondent on Appeal
Idaho Public Utilities Commission
PUBLIC UTILITIES COMMISSION'
MOTION FOR EXTENSION OF
TIME TO FILE BRIEF
State of Idaho
County of Ada
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AFFIDA VIT OF WELDON B. STUTZMAN
WELDON B. STUTZMAN, being duly sworn and deposed says:
I am counsel of record for the Idaho Public Utilities Commission in this matter, and
submit the following information in support of the Commission s Motion for Extension of Time
in Which to File the Respondent s Brief pursuant to IAR 34(e).
1. The due date for the Respondent's Brief is currently May 10, 2006.
2. No previous requests for extensions of time have been granted in this matter.
3. No previous requests for extensions of time have been denied or denied in part
for this matter.
4. An extension of the filing date for the Respondent's Brief is necessary to allow
the Commission sufficient time to properly respond. This matter involves complex questions of
regulatory law in the appeal of a large public utility s general rate case before the Commission.
Counsel is also currently involved in another general rate case proceeding involving the same
parties, currently set for hearing on July 12-, 2006, before the Commission.
5. The Commission requests a 30-day extension, which would make Respondent'
Brief due on June 9, 2006. This would allow sufficient time for Counsel and Commission Staff
to complete its pre-filing of direct testimony in the currently pending general rate case and to
properly respond to United Water s Appellant's Brief.
6. There has been no stipulation of the parties executed for this application.
7. Appellant United Water Idaho Inc. does not oppose this request for extension of
time.
8. If the Commission is granted the extension requested above , this will allow
sufficient time for the Commission to file its Respondent's Brief.
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Weldon B. Stutzman
Deputy Attorney General
Attorney for Respondent on Appeal
Idaho Public Utilities Commission
PUBLIC UTILITIES COMMISSION'
MOTION FOR EXTENSION OF
TIME TO FILE BRIEF
LJ- day of May 2006.SUBSCRIBED AND SWORN to me this
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PUBLIC UTILITIES COMMISSION'
MOTION FOR EXTENSION OF
TIME TO FILE BRIEF
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Notary Public for Idaho, Residipg at Boise, Idaho
My Commission expires fa Ii
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 4TH DA Y OF MAY 2006
SERVED THE FOREGOING IDAHO PUBLIC UTILITIES COMMISSION'S MOTION
FOR EXTENSION OF TIME TO FILE BRIEF IN CASE NO. UWI-04-, SUPREME
COURT DOCKET NO. 32431 BY MAILING A COpy THEREOF POSTAGE PREPAID
TO THE FOLLOWING:
MARK GENNARI
UNITED WATER
200 OLD HOOK RD
HARRINGTON PARK NJ 07640
DEAN J MILLER ESQ
McDEVITT & MILLER LLP
PO BOX 2564
BOISE ID 83701
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SECRETARY
CERTIFICATE OF SERVICE