20110505Notice of Withdrawal of Complaint.pdf

_r.~~m.ATTORNEYS AT LAW
Tel: [phone] Fax: [phone]
P.O. Box 7218 Boise, 10 83707 - 515 N. 27th St. Boise, 10 83702
May 4, 2011
Ms. Jean Jewell
Commission Secretar
Idaho Public Utilties Commission
472 W. Washington
Boise,ID 83702
RE: Mariah Wind, LLC v. Avista Corporation dba Avista Utilties, Inc.
Case No. AVU-E-IO-5
Dear Ms. Jewell:
RECEIVED
iOn MAY -4 PM 4: 42
We are enclosing for filing an original and seven (7) copies of the Notice of Withdrawal of Complaint
in the above-referenced matter. An additional copy is enclosed for you to stap for our records.
rely,~
reg Adams
Richardson & O'Lear PLLC
encL.
Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454)
Richardson & O'Lear, PLLC
515 N. 27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
peterêrichardsonandoleary.com
gregêrichardsonandoleary .com
RECEIVED
2ot! MAY -4 PH 4: 42
Attorneys for Complainant
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
Mariah Wind, LLC,
Complainant,)
) Case No. AVU-E-1O-05
)
) NOTICE OF WITHDRAWAL OF
) COMPLAINT
)
)
)
vs.
A vista Corporation dba A vista Utilties, Inc.,
Defendant.
Pursuat to the Idaho Public Utilties Commission's Rule of Procedure 68, Marah Wind,
LLC hereby fies this Notice of Withdrawal of its Complaint filed in this case on December 13,
2010. The Complaint sought a Commission order requiring Avista to enter into a power
purchase agreement with Marah Wind, LLC, and challenged aspects of the draft agreement
tendered by A vista Corporation. Since the date of the fiing of the Complaint, Mariah Wind,
LLC has determined it wil pursue other alternatives for its qualifying facility, rather than litigate
the Complaint against A vista Corporation in this case. Therefore, Marah Wind, LLC hereby
withdraws it Complaint, and submits that the Commission may close this case.
Respectfully submitted this 4th day of May, 2011.
RICHARSON AND O'LEARY, PLLC
~
Pe 'chardson (lSB No: 3195)
Gregory M. Adams (lSB No. 7454)
Attorneys for Complainant
Page 2 - NOTICE OF WITHDRA W AL
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 4th day of May, 2011, a true and correct copy of the
within and foregoing NOTICE OF WITHDRAWAL was served as shown below:
Ms. Jean Jewell
Commssion. Secreta
Idao Public Utilities Commssion
POBox83720
Boise, ID 83720-0074
X Hand Delivery
_ U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Michael G. Andrea
A vista Corporation
1411 East Mission Avenue - MSC-23
Spokane, W A 99202
Michael.andreaêavistacorp.com
_ Hand Delivery
XU.S. Mail, postage pre-paid
Facsimile
Electronic Mail
By ~
Page 3 - NOTICE OF WITHDRA W AL