20011212Intervention - Order No 28915.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

CABLE ONE, INC.,

Petitioner, Complainant,

v.

IDAHO POWER COMPANY, INC.

Respondent. )
)
)
)
)
)
)
)
)
)
CASE NO. GNR-E-01-2

ORDER NO. 28915

The Idaho Cable Telecommunications Association (Association) petitioned to intervene in this case on November 21, 2001, pursuant to Rules of Procedure 71 through 75 of the Idaho Public Utilities Commission, IDAPA 31.01.01.071-.075. Idaho Power Company on November 28, 2001, filed a limited objection to the petition filed by the Association. Idaho Power asks the Commission to condition the Order granting the Association’s intervention request so that (1) the Association would not have the right to object to a voluntary withdrawal of the case if Cable One and Idaho Power resolve their differences, (2) the Association is required to provide to Idaho Power a list of its members that attach to Idaho Power’s poles, and (3) if the Commission later determines the Association has no direct or substantial interest in the proceeding or that its intervention has unduly broadened the issues, the Association can be dismissed from the case.
The conditions requested by Idaho Power to the Association’s intervention present issues that may be addressed pursuant to the Commission’s Rules of Procedure as the case progresses. The Commission will not prejudge these issues that may later be brought to it for resolution. As Idaho Power does not object to the Association’s intervention as failing to show a direct and substantial interest in any part of the subject matter, or because granting intervention would unduly broaden the issues, the Commission will grant the Association’s Petition to Intervene. See IPUC Rule of Procedure 74, IDAPA 31.01.01.074.

FINDINGS OF FACT
We find, based on the pleadings and other documents filed in this case, that intervention by the Idaho Cable Telecommunications Association would serve the purposes of intervention as described by Rule 74 of the Rules of Procedure and should be granted.
O R D E R
IT IS THEREFORE ORDERED that the Petition to Intervene filed by the Idaho Cable Telecommunications Association is hereby granted.
IT IS FURTHER ORDERED that all parties in this proceeding serve all papers hereafter filed in this matter on all parties of record. This Intervenor is represented by the following for purposes of service:

Ronald L. Williams
Ronald L. Williams, P.C.
PO Box 2128
1015 W. Hays Street
Boise, ID 83702-2128
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of December 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

bls/O:GNRE012_in1
ORDER NO. 28915 -1-

Office of the Secretary
Service Date
December 12, 2001