2020033176-3 Aff of Dean Bennett.pdf

DECLARATION OF A. DEAN BENNETT IN SUPPORT OF UNOPPOSED MOTION
FOR VACATUR - 1
A. Dean Bennett (ISB #7735)
Zachary S. Zollinger (ISB #9259)
HOLLAND & HART LLP
800 West Main Street, Suite 1750
Post Office Box 2527
Boise, Idaho 83701-2527
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail] Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
FRANKLIN ENERGY STORAGE ONE, LLC,
FRANKLIN ENERGY STORAGE TWO, LLC,
FRANKLIN ENERGY STORAGE THREE, LLC,
FRANKLIN ENERGY STORAGE FOUR, LLC,

Plaintiffs,

v.

PAUL KJELLANDER, KRISTINE RAPER, and
ERIC ANDERSON, in their official capacity as
Commissioners of the IDAHO PUBLIC
UTILITIES COMMISSION,

Defendants.
and

IDAHO POWER COMPANY,

Defendant-Intervenor.

Case No. 1:18-cv-0236-REB

DECLARATION OF A. DEAN
BENNETT IN SUPPORT OF
UNOPPOSED MOTION FOR
VACATUR

I, A. Dean Bennett, declare and state as follows:
1. I am a partner in the law firm of Holland & Hart LLP, one of the attorneys of
record for Plaintiff in the above-captioned matter. I have personal knowledge of the facts set
forth herein.
Case 1:18-cv-00236-REB Document 76-3 Filed 03/31/20 Page 1 of 3

DECLARATION OF A. DEAN BENNETT IN SUPPORT OF UNOPPOSED MOTION
FOR VACATUR - 2
2. I have met and conferred with counsel for Defendants Paul Kjellander, Kristine
Raper, and Eric Anderson in their official capacities as Idaho Public Utility Commissioners
(“Commissioners”) and counsel for Defendant-Intervenor Idaho Power Company (“Idaho
Power”). Neither the Commissioners nor Idaho Power oppose Plaintiff’s Unopposed Motion for
Vacatur Due to Mootness Pursuant to Federal Rule of Civil Procedure 60(b), and Request for
Indicative Ruling Pursuant to Federal Rule of Civil Procedure 62.1 (the “Motion”).
3. The Commissioners and Idaho Power have appealed certain aspects of this
Court’s Memorandum Decision and Order: Re: Motions to Dismiss and Cross-Motions for
Summary Judgment (“Memorandum Decision”) (Dkt. 62) and Judgment (Dkt. 63). Pursuant to
the Time Schedule Orders issued in those appeals (Ninth Circuit Case Nos. 20-35144 and 20-
35146), the Commissioners’ and Idaho Power’s opening briefs are due May 26, 2020.
Therefore, there is some urgency in getting the Motion decided by this Court in advance of that
deadline.
4. To the extent the Court cannot rule on Franklin Solar’s Motion in advance of the
Ninth Circuit’s briefing deadline, the parties will coordinate with the Ninth Circuit to attempt to
move the briefing deadline so the Motion can be heard before the Commissioners’ and Idaho
Power’s opening briefs are due.
I declare under penalty of perjury under the laws of the State of Idaho that the foregoing
is true and correct.
Executed this 31st day of March, 2020.
/s/ A. Dean Bennett
A. DEAN BENNETT

Case 1:18-cv-00236-REB Document 76-3 Filed 03/31/20 Page 2 of 3

DECLARATION OF A. DEAN BENNETT IN SUPPORT OF UNOPPOSED MOTION
FOR VACATUR - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 31st day of March, 2020, I filed the foregoing
electronically through the CM/ECF system, which caused the following parties or counsel to be
served by electronic means, as more fully reflected on the Notice of Electronic Filing:
Brandon Karpen [e-mail]
John P. Coyle [e-mail]
Edward Jewell [e-mail]
Scott Zanzig [e-mail]
Steven B. Andersen [e-mail]
Christine R. Arnold [e-mail]
Donovan E. Walker [e-mail]

/s/ A. Dean Bennett
A. Dean Bennett for HOLLAND & HART LLP
14412235_v1
Case 1:18-cv-00236-REB Document 76-3 Filed 03/31/20 Page 3 of 3