20020103Procedural Order No 28921.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

CABLE ONE, INC.,

Petitioner, Complainant,

v.

IDAHO POWER COMPANY, INC.

Respondent. )
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CASE NO. GNR-E-01-02

PROCEDURAL
ORDER NO. 28921

On October 30, 2001, Cable One, Inc. filed a Petition for Declaratory Ruling and Complaint for Determination of Pole Attachment Rates, requesting an order establishing the rate for Cable One to attach its cables to Idaho Power Company poles. In its Petition, Cable One asks the Commission to “determine and declare that Cable One is entitled to pole attachment rates based on the ‘cable only’ and WWP v. Benewah formula and that Idaho Power may not charge pole attachment rates based on the ‘telecom formula’, or some variation thereof.” Idaho Power filed its Answer on November 16, 2001, and a Petition to Intervene was filed by the Idaho Cable Telecommunications Association, which was approved in Order No. 28915.
On December 19, 2001, the parties filed a stipulation setting forth a briefing schedule and oral argument date. The parties agree that the initial issue to be determined by the Commission is the following:
Whether Cable One is entitled to pole attachment rates based on a ‘cable only formula’ and the formula set forth in The Matter of the Washington Water Company v. Benewah Cable et al, Case No. U-1008-206, Order No. 19229; or whether Idaho Power may charge pole attachment rates based on a different formula.

The stipulation states that this issue can be determined by the Commission upon the submission of briefs and that there is no requirement for an evidentiary hearing on the initial issue. The parties also agreed to the following briefing schedule:
Simultaneous opening briefs: mailed on or before January 4, 2002
Simultaneous reply briefs: mailed on or before January 25, 2002
Oral Argument February 20, 2002.

Based on the stipulation of the parties, the Commission adopts the proposed procedural schedule approved by the parties.
O R D E R
IT IS HEREBY ORDERED that the stipulation and procedural schedule set forth in the stipulation are approved. The parties will submit briefs as set forth above, and a hearing for oral argument will be convened on Wednesday, February 20, 2002, at 10:00 a.m.
NOTICE OF HEARING FOR ORAL ARGUMENT
YOU ARE HEREBY NOTIFIED that the Commission will convene an oral argument in this case on WEDNESDAY, FEBRUARY 20, 2002, AT 10:00 A.M. IN THE COMMISSION’S HEARING ROOM, 472 WEST WASHINGTON STREET, BOISE, IDAHO, Telephone: [phone].
YOU ARE FURTHER NOTIFIED that all hearings and prehearing conferences in this matter will be held in facilities meeting the accessibility requirements of the Americans with Disabilities Act (ADA). In order to participate in or to understand testimony and argument at a public hearing, persons needing help of a sign language interpreter or other assistance may ask the Commission to provide a sign language interpreter or other assistance as required under the ADA. The request for assistance must be received at least five (5) working days before the hearing by contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (TELEPHONE)
[phone] (FAX)
E-mail: www.puc.state.id.us

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this _______ day of January 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

vld/O:GNR-E-01-2_ws
PROCEDURAL
ORDER NO. 28921 1

Office of the Secretary
Service Date
January 3, 2002