20231010IPUC Email 10-5-2023.pdf

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Brad Pfannmuller
From:Cole Coba <[e-mail]>
Sent:Thursday, October 5, 2023 1:13 PM
To:Brad Pfannmuller; Dan Richter
Cc:Sarah Martz; Edward Humphreys; 'Stephen Lambert'; Vincent Kane
Subject:FW: Idaho Public Utilities Commission - Formal Complaint Filing
Categories:Red Category
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Brad & Dan,

I have been playing phone tag with Curtis and received the below response earlier today regarding representation on
the complaint.
It would likely be beneficial to have Erika involved in the complaint, but per Curtis’ feedback, IPUC staff interprets this as
a recommendation.

Thanks,

From: Curtis Thaden <[e-mail]>
Sent: Thursday, October 5, 2023 11:29 AM
To: Cole Coba <[e-mail]>
Subject: RE: Idaho Public Utilities Commission - Formal Complaint Filing

HI Cole,

You are welcome. Staff’s interpretation of Rule 43.02, in regards to Idaho Novice Classical Academy, is that the formal
complaint should be filed by a licensed attorney including representation.

Curtis
208-334-0322

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From: Cole Coba <[e-mail]>
Sent: Wednesday, October 4, 2023 1:21 PM
To: Curtis Thaden <[e-mail]>
Subject: RE: Idaho Public Utilities Commission - Formal Complaint Filing

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Curtis,

Thank you, very helpful. As the Public Charter School is a non-profit, should we be interpreting this as we must have a
licensed attorney submit the complaint on our behalf ?

Thanks,

Cole Coba

-----Original Message-----
From: Curtis Thaden <[e-mail]>
Sent: Wednesday, October 4, 2023 12:06 PM
To: Cole Coba <[e-mail]>
Subject: Idaho Public Utilities Commission - Formal Complaint Filing

Hi Cole,

It was nice talking to you yesterday. You asked me if you could file the formal complaint or would INCA have to file the
formal complaint. Rule 43.02 provides information on representation of parties - page 12 & 13.

https://adminrules.idaho.gov/rules/current/31/310101.pdf

043. REPRESENTATION OF PARTIES (RULE 43).
Proceedings before the Commission are sometimes administrative in nature or quasi-judicial in nature. General
requirements for the representation of parties are outlined below. (3-31-22)

02. Quasi-Judicial Proceedings. The representation of parties at quasi-judicial proceedings for the purpose of
adjudicating the legal rights or duties of a party is restricted as set out below. Quasi-judicial proceedings before the
Commission include matters such as formal complaints, petitions, motions, applications for modified procedure or
technical/evidentiary hearings. Representation of parties of these types of proceedings shall be as follows: (3-31-22)

a. A natural person may represent himself or herself or be represented by a licensed attorney. (3-31-22)

b. A partnership or corporation shall be represented by a licensed attorney. (3-31-22)

c. A municipal corporation; a state, federal, tribal, or local government agency; an unincorporated association; a non-
profit organization, or other entity shall be represented by a licensed attorney. (3-31-22)

I hope this information is helpful.

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Curtis Thaden
Idaho Public Utilities Commission
208-334-0322