20181025Defendants Response.pdf

LAWRENCE G. WASDEN
IDAHO ATTORNEY GENERAL
Brandon Karpen, ISB No. 7956
Edith Pacillo, ISB No. 5430
Deputy Attorneys General
Idaho Public Utilities Commission
472West Washington
P.O. Box 83720
Boise, Idaho 83720-007 4
Telephone No. [phone]
Facsimile No. [phone]
brandon.karpen@f'uc.idaho. eov
ScottZanzig, ISB No. 9361
Deputy Attorney General, Civil Litigation Division
Office of the Attorney General
945 West Jefferson Street, 2nd Floor
P.O. Box 83720
Boise, Idaho 83720-001 0
Telephone No. (208) 334 -2400
Facsimile No. [phone]
scott.zanzi g@ ag. idaho. gov
Att o r n ey s fo r D efendant s
REC T IVE D
fill$ OCT 25 pH L: lB
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TINITED STATES DISTRICT COURT
STATE OF IDAHO
Drs- E- t?-ol
Case No. 1: l8-cv-00236-REB
DEFENDANTS' RESPONSE TO
PLAINTIFFS' REQUEST FOR
ADMISSIONS
FRANKLIN ENERGY STORAGE ONE, LLC,
FRANKLIN ENERGY STORAGE TWO, LLC,
FRANKLIN ENERGY STORAGE THREE
LLC, FRANKLIN ENERGY STORAGE
FOUR, LLC,
Plaintiffs,
vs.
PAUL zuELLANDER, KRISTINE RAPER, and
ERIC ANDERSON, in their official capacity as
Commissioners of the IDAHO PUBLIC
UTILITIES COMMISSION.
Defendants
DEFENDANTS' RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSTONS
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Defendants Paul Kjellander, Kristine Raper, and Eric Anderson, in their official
capacities as Commissioners of the Idaho Public Utilities Commission (collectively,
"Defendants"), hereby file this Answer to Plaintiffs' Request for Admissionl as follows
l. Defendants admit the documents submitted with their Answer, described by Plaintiffs
as: 4-2,4-3,4-4,4-5,4-6,4-7,4-8,4-9,4-10,4-11,4-12, and 4-13 are authentic.
Document 4-1 is Defendants' Answer. Defendants admit that the document marked as
4-l by the Court is an authentic copy of their Answer;
2. Defendants admit the documents submitted as part of Idaho Power's Answer,
described by Plaintiffs as:7-3,7-4, andT-5 are authentic. Document 7-l is Idaho
Power's Memorandum in Support of its Motion to Intervene. Because it did not create
the document, Defendants are unable to admit or deny if it is authentic.
Notwithstanding, after a reasonable inquiry into the matter, Idaho Power has
confirmed to Defendants that the document marked as7-l is authentic, and
Defendants accept this conformation;
3. Defendants admit the document submitted with Plaintiffs' Motion for Summary
Judgment described by Plaintiffs as 29-2 is an authentic copy. Document 29-3 is a
declaration of a non-party witness. Defendants are unable to admit or deny if it is
authentic. However, because 29-3 was submitted by Plaintiffs, they can confirm or
deny the document's authenticity for themselves. Similarly, Document 29-4 is
Plaintiffs' Statement of Material Facts in support of its motion for summary
judgment. Defendants are unable to admit or deny if it is authentic. Notwithstanding,
after a reasonable inquiry into the matter, Plaintiffs confirmed to Defendants that the
documents marked as 29-3 and29-4 are authentic copies. Defendants accept this
conformation of genuineness, but make no admission as to the kuth of the contents of
the documents.
RESPECTFULLY SUBMITTED this 25thday of October,20l8.
OFFICE OF THE ATTORNEY GENERAL
/s/ Brandon Karpen
Brandon Karpen
Deputy Attorney General
Attorney for Defendants
' Plaintiffs' request for admission was made pursuant to Fed. R. Civ. P. 36(a)(l)(B), which is limited in scope solely
to authenticate documents.
DEFENDANTS' RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSIONS
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CERTIFICATE OF SERVICE
I certify that on October 25,2018, I caused a true and correct copy of the foregoing
document to be served upon the parties hereto by the method indicated below, and addressed to
the following:
[ first class mail
certified mail
hand delivery
I email : [e-mail]
Robert C. Huntley
815 W. Washington St.
Boise,ID 83701
Xtr first class mail
certified mail
hand delivery
emai I : rhqqlqy@,hunfl eylayv.com
Peter J. Richardson
s15 N. z7thst.
Boise, lD 83702
Steven B. Anderson,
Wade L. Woodard
101 S. Capitol Blvd, ste. 1600
Boise, lD 83702
Donovan E. Walker
PO Box 70
Boise, ID 83707
ffi first class mail
certified mail
hand delivery
email : [e-mail]
[e-mail]
[] first class mail
! certified mail
f hand delivery
ffi email: [e-mail]
/s/ Brandon Karpen
Brandon Karpen
Deputy Attorney General
Attorney for Defendants
DEFENDANTS' RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSIONS
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