20230810City of Burley - Objection to Motions.pdf

EVIDENTIARY HEARING BRIEF - 1
Jaxon C. Munns, ISB# 11092
MURRAY ZIEL & JOHNSTON, PLLC
770 South Woodruff Avenue
Idaho Falls, Idaho 83401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
UNITED ELECTRIC CO-OP, INC.,
COMPLAINANT,
vs.
THE CITY OF BURLEY, IDAHO,
RESPONDENT.

) ) ) ) ) ) ) ) ) )
Case No. C15-E-23-01 OBJECTION TO UNITED ELECTRIC CO-OP INC.’S MOTIONS TO; (1) STRIKE THE CITY OF BURLEY’S EVIDENTIARY HEARING BRIEF, (2) ADMIT THE PREFILED TESTIMONY OF MICHAEL T. DARRINGTON, (3) VACATE HEARING AND (4) AFFIRM EXISTING SERVICE TERRITORY BOUNDARIES
COMES NOW, the City of Burley, Idaho, by and through its attorney, Jaxon C. Munns of
the firm Murray, Ziel, & Johnston, PLLC, and hereby objects to United Electric Co—Op’s Motions
as follows:
POSITION OF CITY OF BURLEY
Having reviewed the Motions filed by United Electric Co-Op, the City of Burley, after
additional review of the facts and correspondence in the matter will stipulate for the record that the
Suntado Facility rests solely in the currently existing service territory boundary of United Electric
Co-op. For the purpose saving the committees time and resources the City of Burley would agree
with vacating the evidentiary hearing scheduled for Monday August 14th, 2023 as it relates to the
issue of the positioning of the Suntado Facility. However, the City of Burley would urge the
Commission to consider the previously filed Evidentiary Hearing Brief of the City of Burley as it
relates to what it believes are the more central issues relevant in the present matter.
RECEIVED
Thursday, August 10, 2023 4:13:52 PM
IDAHO PUBLIC
UTILITIES COMMISSION
EVIDENTIARY HEARING BRIEF - 2
PRAYER
WHEREFORE, The City of Burley, Idaho respectfully requests the following from this
Honorable Body:
1. An Order denying United Electric’s Motions in their entirety;
2. An Order vacating the hearing scheduled for August 14, 2023;
3. Consider the evidentiary hearing brief and the salient issues raised by the City of
Burley therein;
4. Any other relief the Commission sees fit to award the City of Burley.
DATED this 10th day of August, 2023.

/s/ Jaxon C. Munns_____________
Jaxon C. Munns
Attorney for the City of Burley
EVIDENTIARY HEARING BRIEF - 3