20060426Motion for procedural order.pdf

McDevitt & Miller LLP
Lawyers
[phone]
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420 W. Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Chas. F. McDevitt
Dean 1. (Joe) Miller
April 26, 2006
Via Hand Delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington St.
Boise, Idaho 83720
Re: Case No. UWI-06-
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Dear Ms. Jewell:
Enclosed for filing in the above matter please find the original and seven (7) copies of a
Motion For Procedural Order.
An additional copy of the document and this letter is included for return to me with your
file stamp thereon.
Very Truly Yours
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Miller LLP
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Dean 1. Miller (ISB #1968)
McDEVITT & MILLER LLP
420 West Bannock Street
O. Box 2564-83701
Boise, ID 83702
Tel: [phone]
Fax: [phone]
i 0 e(Zi).m cdevitt -miller. com
ORIGINAL
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Attorneys for United Water Idaho Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No. UWI-06-
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC. FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR WATER SERVICE IN
THE STATE OF IDAHO
MOTION FOR PROCEDURAL
ORDER
COMES NOW, United Water Idaho Inc.
, ("
United Water ) and respectfully moves the
Commission for an Order prohibiting the Intervenor BRACE from calling any witness at the
hearing hereof who has not filed pre-filed written direct testimony as required by IPUCRP 266
and in support thereof, respectfully shows as follows:
The Commission s Notice of Scheduling dated March 29 2006, establishes a deadline for
the filing of Staff and Intervenor written direct testimony of June 2, 2006. The Notice, however
does not specifically state that filing pre-filed written direct testimony is a necessary pre-
condition to testifying at hearing, perhaps because the custom and practice is so well understood
it does not usually need to be stated specifically. Nonetheless, in this case, in order to avoid
MOTION FOR PROCEDURAL ORDER - 1
confusion and surprise, the Commission should make explicit what is implicit in the notice-that
filing pre-filed written testimony is a pre-condition to testifying as a witness at hearing.
II.
Pursuant to IPUCRP 256, BRACE has received actual notice of this Motion and United
Water respectfully requests that the Commission act upon the Motion with less than fourteen
(14) days notice.
DATED this -1.JL day of April 2006.
~~Wl
Dean J. Miller
Attorneysfor United Water Idaho Inc.
MOTION FOR PRECEDURAL ORDER - 2
CERTIFICATE OF SERVICE
I hereby certify that on the atr'~ay of April, 2006, I caused to be served, via the
method(s) indicated below, true and correct copies of the foregoing document, upon:
Scott L. Campbell, Esquire
MOFFATT, THOMAS, BARRETT ROCK &
FIELDS, CHARTERED
O. Box 829
Boise, ID 83701
Hand Delivered
S. Mail
Fax
Fed. Express
Email
Hand Delivered
S. Mail
Fax
Fed. Express
Email
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
i i ewell(Ci),puc. state. id. us
Dk~t.
MOTION FOR PROCEDURAL ORDER - 3