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HomeMy WebLinkAbout20250603Motion to Vacate.pdf RECEIVED June 03,2025 IDAHO PUBLIC ADAM TRIPLETT UTILITIES COMMISSION DEPUTY ATTORNEY GENERAL IDAHO PUBLIC UTILITIES COMMISSION PO BOX 83720 BOISE, IDAHO 83720-0318 (208) 334-0312 IDAHO BAR NO. 10221 Street Address for Express Mail: 11331 W CHINDEN BLVD, BLDG 8, SUITE 201-A BOISE, ID 83714 Attorneys for the Commission Staff BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF AVISTA ) CORPORATION'S APPLICATION FOR THE ) CASE NO. AVU-E-25-01 AUTHORITY TO INCREASE ITS RATES AND ) AVU-G-25-01 CHARGES FOR ELECTRIC AND NATURAL ) GAS SERVICE TO ELECTRIC AND NATURAL ) MOTION TO VACATE GAS CUSTOMERS IN THE STATE OF IDAHO ) TESTIMONY DEADLINES The Staff of the Idaho Public Utilities Commission, by and through its attorney of record, Adam Triplett, Deputy Attorney General, submits this motion to vacate both the Staff and Intervenor prefile testimony deadline and the Company's rebuttal testimony deadline. PROCEDURAL BACKGROUND On January 31,2025,Avista Corporation("Company")applied to the Idaho Public Utilities Commission ("Commission") requesting authorization to increase its rates for both Electric and Natural Gas service ("Application"). The Company requests a Two-Year Rate Plan with a Rate Year I effective date of September 1,2025, and a Rate Year 2 effective date of September 1,2026. On February 19, 2025, the Commission issued a Notice of Application and Notice of Intervention Deadline. Order No. 36470. Subsequently, the Commission granted intervention to Clearwater Paper Corporation, Idaho Forest Group LLC, and Walmart Inc. Order Nos. 36472, 36490, and 36518. MOTION TO VACATE TESTIMONY DEADLINES 1 On April 29,2025,the Commission issued a Notice of Scheduling,Notice of Virtual Public Workshop, and Notice of Technical Hearing. Order No. 36586. Order No. 36586 established a June 11, 2025, Staff and Intervenor prefile testimony deadline and a July 8, 2025, deadline for Company rebuttal testimony. Since Order No. 36586 was issued, Staff, Intervenors, and the Company (the "Parties") have engaged in settlement discussions,reaching an agreement in principle to resolve the issues in this case. The Parties are currently finalizing a proposed written settlement, and they anticipate filing that document soon. After that occurs, Staff will, in consultation with the other parties, recommend deadlines for testimony in support of the Agreement and public comments. MOTION TO VACATE TESTIMONY DEADLINES On May 22, 2025, the Parties held a settlement conference and agreed to draft terms of a Stipulated Settlement Agreement ("Agreement") purporting to resolve the outstanding issues in this case. The Parties plan to submit a final Agreement to the Commission in the coming days. In the interim, the Parties discussed the necessity of vacating the June 11, 2025, Staff and Intervenor prefile testimony deadline and the July 8, 2025, deadline for the Company to file rebuttal testimony. All Parties indicated their agreement to the filing of this Motion. It is necessary to vacate the existing Staff and Intervenor prefile testimony deadline to facilitate the filing of the Agreement. Additionally, without prefile testimony from Staff or Intervenors, the Company will have nothing to rebut, rending the rebuttal testimony unnecessary. Staff provided actual notice of the substance of this Motion to the Parties by email on June 2, 2025. Due to the looming June 11, 2025, public comment deadline, immediate review of this motion is warranted. Accordingly, factual circumstances enable the Commission to consider this Motion and offer the relief requested on fewer than 14 days' notice. Rule of Procedure 256.03, IDAPA 31.01.01.256.03. Accordingly, Staff request that the Commission consider this motion during its June 10, 2025, decision meeting. MOTION TO VACATE TESTIMONY DEADLINES 2 CONCLUSION Therefore, Staff respectfully requests that the Commission vacate both the Staff and Intervenor prefile testimony deadline of June 11, 2025, and the Company rebuttal testimony deadline of July 8, 2025, as outlined in Order No. 36586. Respectfully submitted this 3`d day of June 2025. Adam Triplett Deputy Attorney General MOTION TO VACATE TESTIMONY DEADLINES 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I HAVE ON THIS 3RD DAY OF JUNE 2025, SERVED THE FOREGOING MOTION TO VACATE TESTIMONY DEADLINES, IN CASE NOS. AVU-E-25- 01 &AVU-G-25-01, BY E-MAILING A COPY THEREOF, TO THE FOLLOWING: PATRICK EHRBAR DAVID J MEYER DIR OF REGULATORY AFFAIRS VP & CHIEF COUNSEL AVISTA CORPORATION AVISTA CORPORATION PO BOX 3727 PO BOX 3727 SPOKANE WA 99220-3727 SPOKANE WA 99220-3727 patrick.ehrbar(d)avistacorp.com david.meyer(d)avistacorp.com avistadockets kavistacorp.com PETER J RICHARDSON DR DON READING RICHARDSON ADAMS PLLC 280 S SILVERWOOD WAY 515 N 27TH ST EAGLE ID 83716 BOISE ID 83702 dreadinggmindspring com peter(&richardsonadams.com ELECTRONIC ONLY Andrew P. Moratzka carol.haugengclearwaterpaper.com Eden A. Faur6 Jamie.mcdonald&clearwaterpMer.com Stoel Rives LLP 33 South 6�h Street Minneapolis, MN 55402 andrew.moratzka(a,stoel.com eden.faureAstoel.com Jennifer S. Palmer Dr. Jaime McGovern, Sr. Mgr. Stoel Rives LLP Utility Partnerships 101 S. Capitol Blvd., Ste. 1900 Walmart Inc. Boise, ID 83702 2608 Southeast"J" Street jenny_palmergstoel.com Bentonville, AR 72716 jaime.mcgovem@walmart.com Justina A. Caviglia Norman M. Semanko Parsons Behle &Latimer Parsons Behle & Latimer 50 West Liberty St., Ste. 750 800 West Main St., Ste. 1300 Reno,NV 89502 Boise, ID 83702 jcavi_liaiakparsonsbehle.com nsemankokparsonsbehle.com rshaffer(&,parsonsbehle.com ,,/ "� 4.-V" I W V Keri J. Hzkvker Legal Assistant to Adam Triplett MOTION TO VACATE TESTIMONY DEADLINES 4