20240613Motion to Dismiss Application.pdf

RECEIVED
Thursday, June 13, 2024
IDAHO PUBLIC
UTILITIES COMMISSION
Randolph Lee Garrison
Pro per
76 Bellflower Ct
Blanchard Idaho 83804
(541 ) 580-4446
garrison(a-)_rmgarrison.corn
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CDS ) Case No: SWS-W-24-01
STONERIDGE UTILITIES, LLC'S )
APPLICATION FOR AUTHORITY ) INTERVENOR GARRISON'S MOTION
TO INCREASE ITS RATES AND ) TO DISMISS APPLICATION
CHARGES FOR WATER SERVICE )
IN THE STATE OF IDAHO )
MOTION To DissMiss: Pursuant to the authority cited below, Intervenor,
Randolph Lee Garrison, a party, hereby to moves to Dismiss the above entitled
preceding and dismiss Applicants Application, filed 28 February 2024.
(1 ) Applicant must have an Attorney: Indian Springs vs Indian Springs,
147 Idaho 737, 215 P2d 457, at 464/465 (2009):
". . . this Court has previously held that a pro se
appellant may not represent a business entity.
The issue was first raised in White v. Idaho Forest
Indus., 98 Idaho 784, 572 P.2d 887 (1977). . . .
Intervenor Garrison's Motion to Dismiss Application Page 1 of 6

The Court noted it was irrelevant that the practice
was before an administrative body instead of a
judicial body because the rules against the
unauthorized practice of law apply equally to both
. . . In sum, the law in Idaho is that a business
entity, such as a corporation, limited liability
company, or partnership, must be represented by
a licensed attorney before an administrative body
or a judicial body."
See also Citibank (S. Dakota), N.A. v. Carroll, 148 Idaho 254, 260, 220 P.3d
1073, 1079 (2009) (noting a person's right to represent himself does not extend to the
representation of other persons or entities). IDAPA 31 .01 .01 .43 also requires
Applicant to be represented by Counsel.
Applicant's Application was filed on 28 February. Since filing, Applicant has
been encouraged, cajoled, and demanded to have an attorney's representation.
Applicant has failed to do so.
Intervenors are prejudiced by Applicant failure to have attorney representation.
Intervenor SPOA and Intervenor SRCCOA are both separately represented by
Intervenor Garrison's Motion to Dismiss Application Page 2 of 6

Counsel licensed in Idaho. Intervenor Garrison is a Retired member of the Oregon
State Bar. The Idaho Rules of Professional Conduct 5.5 (c) provides:
"(c) A lawyer shall not assist another person in the unauthorized practice
of law.
The Oregon Rules of Professional Conduct contain a similar provision in Rule
5.5 (a).
Intervenors are prejudiced by Applicants conduct, because to participate in this
matter causes them to "assist another person in the unauthorized practice of law", in
violation of the Rules of Professional Conduct.
(2) Applicant has not provided Discovery: With the exception of limited
Quick Book documents filed by the Applicant in this preceding on 8 March
2024, Intervenors have received no discovery from Applicant. See also
e-mail 12 June 2024 from Intervenor Garrison, attached as a separate
document in support of this Motion. This has resulted in prejudice to the
Intervenors, because:
(a) Intervenors desire to hire experts, but have no documents for the
anticipated experts to examine and evaluate.
Intervenor Garrison's Motion to Dismiss Application Page 3 of 6

(b) This preceding was filed on 28 February 2024 and is 3 1/2 months old.
"Section 61-622 generally requires that a rate case be completed within
six (6) months of the date it is filed."
Case Processing Guidelines, page 16. We are 1/2 way into the deadline for the
preceding to be completed and have made no effective progress.
CONCLUSION: Applicant has caused considerable delay in the effective prosecution
of these preceding. This preceding should not have been filed, as applicant was not
prepared to effectively prosecute the request. Intervenors object to these proceedings
simply being "suspended". There is insufficient time to mount a defense to Applicant's
rate increase request on account of Applicant's delay. These proceedings should be
dismissed and Applicant start over.
MEET AND CONFER: Although not required, Intervenor has in good faith conferred
or attempted to confer with Applicant in an effort to resolve these issues. Intervenor
has requested discovery from Applicant. Intervenor has a motion to compel discovery
pending before the IPUC. Prior to filing to filing this motion, Applicant was asked to
Intervenor Garrison's Motion to Dismiss Application Page 4 of 6

voluntarily withdraw his application and start over. Applicant refused.
DATED and Signed this 13th day of June, 2024.
Randolph Lee Garrison
[phone]
garrison(cD_rmgarrison.corn
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 8th day of June, 2024, 1 served a true and correct
copy of the foregoing upon each party in this matter by delivering the same to each of the
following individuals by the method indicated below, addressed as follows:
Michael Duval By e-mail [e-mail]
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
P.O. Box 83720
Boise, ID 83720-0074
Intervenor Garrison's Motion to Dismiss Application Page 5 of 6

CDS STONERIDGE UTILITIES, LLC By e-mail chansan(a)_com cast.net
P.O. Box 298 utilities(a�_stoneridgeidaho.com
Blanchard, ID 83804
Norman M. Semanko, ISB #4761 By e-mail nsemanko(c_parsonsbehle.com
Patrick M. Ngalamulume, ISB #11200 pngalamulume(c parsonsbehle.com
PARSONS BEHLE & LATIMER
800 W. Main Street, Suite 1300
Boise, Idaho 83702
Rick Haruthunian By e-mail: rharuthunian(c_rmedlaw.com
CONDOMINIUM OWNERS ASSOC. INC:
Ramsden, Marfice, Ealy & De Smet, LLP
(Exhibit Nos. 201-300) 700 Northwest Blvd.
P.O. Box 1336
Coeur d'Alene, ID 83816-1336
DATED this 13th day of June 2024.
Randolph Lee Garrison
Intervenor Garrison's Motion to Dismiss Application Page 6 of 6