20240614Response in Opposition to Motion to Suspend.pdf

RECEIVED
Friday, June 14, 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
TO INCREASE ITS RATES AND ) ANSWER IN OPPOSITION TO
CHARGES FOR WATER SERVICE ) STAFF'S MOTION TO SUSPEND -
IN THE STATE OF IDAHO ) PROCEEDINGS SHOULD BE
DISMISSED
ANSWER: Pursuant to the authority cited below, Intervenor, Randolph Lee
Garrison, a party, hereby objects to and opposes Staff's motion to suspend this case
for an additional sixty (60) days and vacate the comment period (motion filed 13 June
2024). Instead, Intervenor contends the Commission should dismiss the Application.
Intervenor has filed a Motion to Dismiss. The Motion to Dismiss is pending before the
Commission. In denying Staff's Motion to Suspend, the Commission should grant
Intervenor's Motion to Dismiss, when the motion is ready for the Commission's
decision.
Intervenor Garrison's Answer to Staff s Motion to Suspend Page ] of 6

Intervenor's points, authority and arguments are as follows:
(1 ) DISMISSAL MORE APPROPRIATE REMEDY: DAG Duval's well written Motion to
Suspend actually persuades the Commission to Dismiss these proceedings,
rather than suspend.
(2) AUTHORITY: The Commission has authority to Dismiss these proceedings
(rather than Suspend) under Rule 124.02:
"The Commission may approve, reject or modify the rates and
charges proposed and may find that rates and charges
different from those proposed by any party are just, fair and
reasonable."
(3) CDS Stoneridge Utilities LLC (Stoneridge Utilities) filed their Application on 28
February 2024. We are now 3 '/2 months into this proceeding. "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 past '/2 of the
way into the deadline for the proceeding to be completed. There has been no
effective progress.
(4) STONERIDGE UTILITIES IS REQUIRED TO HAVE COUNSEL: Staff observes that
Stoneridge Utilities has no counsel. Intervenors and Staff all agree that
Intervenor Garrison's Answer to Staff s Motion to Suspend Page 2 of 6

Stoneridge Utilities is required to and must have counsel. The Application
should have not been filed. The Commission should sua sponte dismiss the
Application, as Stoneridge Utilities can not proceed without counsel. Indian
Springs vs Indian Springs, 147 Idaho 737, 215 P2d 457, at 464/465 (2009) ("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."). IDAPA 31 .01 .01 .43 also
requires Applicant to be represented by Counsel.
(5) SUSPENSION RESULTS IN PREJUDICE: Intervenors are prejudice by suspension.
Intervenors are not prejudged by dismissal.
(a) Staff correctly points out:
(i) "The Company's lack of counsel has increasingly
impacted the progress of this case, especially regarding
discovery." And,
(ii) "Mr. Garrison filed two motions. The first requesting
that the Commission direct that the intervenors are
provided with the necessary discovery; and the second
asking the Commission to process this case via a
Intervenor Garrison's Answer to Staff s Motion to Suspend Page 3 of 6

technical hearing rather than by modified procedure."
(A) Further, the deadline for Applicant to provide discovery
responsive to Intervenor Garrison's third request for discovery
has past. Intervenor Garrison intends to file a Motion to
Compel, leaving two Motions to Compel pending before the
Commission.
(iii) "Of particular note, the intervenors in this case have not had
adequate access to discovery. Staff believes that any potential
confidential information within the Company's protected discovery
responses should comply with IDAPA 31 .01 .01 .67—a task which
requires a licensed attorney. IDAPA 31 .01 .01 .67.03."d
(b) Suspension of these proceedings actually further delays Intervenors
right to discovery, and prejudices Intervenors with the further delay.
The period after suspension gives inadequate time for Intervenors
to defend these proceedings.
(6) MOTION To Dismiss: Intervenor Garrison further incorporates by reference (as if
recited verbatum herein) his Motion to Dismiss. The Motion to Dismisse has been e-
mailed to the IPUC Secretary on 13 June 2024 and is anticipated to be filed 14 June
Intervenor Garrison's Answer to Staff s Motion to Suspend Page 4 of 6

2024.
CONCLUSION: Intervenor Garrison respectfully disagrees with Staff's argument
that the "fairest way forward" is suspension. The fairest way forward is Dismissal.
Stoneridge Utilities should start over and be better prepared in the future to prosecute
its requests in a timely manner.
DATED and Signed this 14th day of June, 2024.
r\w-"� G.yam. . ` .1
Randolph Lee Garrison
(541 ) 580-4446
garrison(@_rmgarrison.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 14th 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:
Intervenor Garrison's Answer to Staff s Motion to Suspend Page 5 of 6

Michael Duval By e-mail [e-mail]
Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
P.O. Box 83720
Boise, ID 83720-0074
CDS STONERIDGE UTILITIES, LLC By e-mail chansan(c com cast.net
P.O. Box 298 utilities(a�_stoneridgeidaho.com
Blanchard, ID 83804
Norman M. Semanko, ISB #4761 By e-mail nsemanko(@parsonsbehle.com
Patrick M. Ngalamulume, ISB #11200 pngalamulume(a)_parsonsbehle.com
PARSONS BEHLE & LATIMER
800 W. Main Street, Suite 1300
Boise, Idaho 83702
Rick Haruthunian By e-mail: rharuthunian(@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
DA D this 14th day of June 2024.
G V\,^ `.4
Randolph Lee Garrison
Intervenor Garrison's Answer to Staff s Motion to Suspend Page 6 of 6