20041022IPUC Motion for Extension of Time.pdf

DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074
[phone]
IDAHO BAR NO. 3366
~ C'r;~~E'
=~~: :;;~.,.
\' r'c '" ,
\,
'\ OC'T '2. , LU\
~" ~_, -- .,-
\ ~;\'lC::
' '' -
1..-
..-..," '
Attorney for the Respondent on Appeal/Respondent on Cross Appeal
Idaho Public Utilities Commission
IN THE SUPREME COURT OF THE STATE OF IDAHO
ROBERT RYDER.DBA RADIO PAGING
SERVICE, JOSEPH B. McNEAL DBA
AGEDAT A AND INTERP AGE OF IDAHO,
AND TEL-CAR, INC.
, )
Petitioners/Appellants - Respondents on
Cross Appeal
Respondent on Appeal/Respondent on
Cross Appeal
IDAHO PUBLIC UTILITIES COMMISSION
and
QWEST CORPORATION
Respondent/Respondent on Appeal-
Appellant on Cross Appeal.
SUPREME CO UR
DOCKET NO. 29175
IDAHO PUBLIC UTILITIES
COMMISSION'S MOTION
FOR EXTENSION OF TIME
TO FILE BRIEFS
COMES NOW the Respondent on Appeal/Respondent on Cross Appeal, Idaho Public
Utilities Commission, and respectfully moves this Court pursuant to Appellate Rules 34( e) and 46 , for
an extension of time in which to file the Commission s Briefs in this case. This Motion is based upon
the attached Affidavit of Donald L. Howell, II, 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.
IDAHO PUBLIC UTILITIES COMMISSION'
MOTION FOR EXTENSION OFTIME TO FILE BRIEFS
Respectfully submitted this 21
~y
of October 2004.
Donald L. Ho l
Deputy Attorney General
Attorney for Respondent on Appeal/Respondent on
Cross Appeal, the Idaho Public Utilities Commission
IDAHO PUBLIC UTILITIES COMMISSION'
MOTION FOR EXTENSION OFTIME TO FILE BRIEFS
State of Idaho
AFFIDAVIT FOR DONALD L. HOWELL, nCounty of Ada
Donald L. Howell, II, being duly sworn and deposed and says:
1. I am counsel of record for the Idaho Public Utilities Commission in this matter.
2. The due date for the Commission s Respondent on Appeal Brief is November 5, 2004.
The due date for the Commission s Respondent Brief on Cross Appeal is December 3 2004.
3. The Appellants (hereinafter referred to as the "Pagers ) have been previously granted two
extensions , one before and one after the temporary remand. On March 8 , 2004, the Court temporarily
remanded this matter to the Idaho Public Utilities Commission. Following the remand, the Pagers initial
Brief was due September 13 , 2004. The Pagers requested and were granted one extension to October 8
2004.
4. This is the Commission s first request for an extension.
5. An extension of the filing date for the Commission s Respondent Brief and Respondent on
Cross Appeal Brief became necessary once the due date for the Pagers Brief was extended from
September 13 to October 8. I am scheduled to be out of the country for nearly two weeks starting
October 29, 2004. In addition, I have previously scheduled travel and public hearings before the
Commission.
6. Extending the due date for the Commission s Respondent Brief by 17 days would allow
sufficient time for me to return to Boise and to complete the Commission s Respondent Brief. The
Commission requests an extension of the due date for its Respondent Brief on Cross Appeal by 3 days.
7. If granted, the Commission s Respondent Brief on Appeal would be due November 22
2004, and the Commission s Respondent Brief on Cross Appeal would be due December 6 2004.
8. Both the Pagers and Qwest have verbally agreed to stipulate to the Commission
application for the extensions.
9. If the Commission is granted the extensions requested above, this will allow sufficient time
for the Commission to file its Respondent Briefs.
Donald L. How , II
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION'
MOTION FOR EXTENSION OFTIME TO FILE BRIEFS
SUBSCRIBED AND SWORN to me this ;2/.a:I- day of October 2004.
," II'""
\' ...
'" II..LIVIA. fIt c... P IYr\
.. .
" ';J
.......
.. "V
~ ~ . .. ~ ~.. -.; . -'" "
~OT-4b
.~'. ..,-"""'"
tP. '
. JO
U B L \ c
~~
.. -r" .
.. "1 ').
. .,... .,.~ -.....-
...1.'
, ~
I'- v ~
'l
' .
It) "
1;-
,......,,"
Public for IdahO ~:t aho
My Commission expires ~r 7-(;/7' 4I~
IDAHO PUBLIC UTILITIES COMMISSION'
MOTION FOR EXTENSION OFTIME TO FILE BRIEFS
CERTIFICA TE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 21st DAY OFOCTOBER-2004
SERVED THE FOREGOING IDAHO PUBLIC UTILITIES COMMISSION'
MOTION FOR EXTENSION OF TIME TO FILE BRIEFS, IN CASE NO. USW-
99-, BY MAILING A COpy THEREOF POSTAGE PREPAID, TO THE
FOLLOWING:
BILL BATT
BATT & FISHER LLP
5 TH FLOOR
101 S CAPITOL BLVD
BOISE ID 83702-5958
JIM JONES
JIM JONES & ASSOCIATES
1275 SHORELINE LANE
BOISE ID 83702-6870
I~~(jl~
SECRETARY
CERTIFICATE OF SERVICE