20181026IPC Mtn to Dismiss Pl First Amended Complaint 40.pdf

DEFENDANT-INTERVENOR’S MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT - 1
Steven B. Andersen (ISB 2618) [e-mail]
Wade L. Woodard (ISB 6312)
[e-mail] ANDERSEN SCHWARTZMAN WOODARD BRAILSFORD, PLLC 101 South Capitol Boulevard, Suite 1600
Boise, ID 83702-7720
Telephone: [phone] Facsimile: 208.342.4455 Donovan E. Walker (ISB 5921)
[e-mail] IDAHO POWER COMPANY 1221 West Idaho Street (83702) P. O. Box 70 Boise, ID 83707
Telephone: [phone]
Facsimile: 208.388.6936
Attorneys for Defendant-Intervenor Idaho Power Company
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,
vs.
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-00236-REB
DEFENDANT-INTERVENOR’S MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT
Case 1:18-cv-00236-REB Document 40 Filed 10/26/18 Page 1 of 2
DEFENDANT-INTERVENOR’S MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT - 2
COMES NOW Defendant-Intervenor Idaho Power Company (“Idaho Power”), by and
through its counsel of record, and hereby respectfully moves this Court, pursuant to Federal Rule
of Civil Procedure 12(b)(1), for an order dismissing Plaintiffs’ operative First Amended Complaint
on the grounds that this Court lacks subject matter jurisdiction.
This motion is based upon the Memorandum in Support, the Declaration of Donovan E.
Walker and the exhibits attached thereto, all of which are filed contemporaneously herewith, as
well as upon all other pleadings, papers and records filed herein and such other and further
evidence and argument that is made at the time of the hearing on this motion.
DATED this 26th day of October, 2018.
ANDERSEN SCHWARTZMAN WOODARD BRAILSFORD, PLLC
/s/ Steven B. Andersen
Steven B. Andersen
Attorneys for Defendant-Intervenor Idaho Power Company CERTIFICATE OF SERVICE
I hereby certify that on this 26th day of October, 2018, I caused a true and correct copy of
the foregoing document to be electronically filed with the Clerk of the Court using the CM/ECF
system, which sent a Notice of Electronic Filing to the following persons:
Peter J. Richardson [e-mail] Robert C. Huntley [e-mail] Brandon Karpen [e-mail]
Scott Zanzig [e-mail]

/s/ Steven B. Andersen
Steven B. Andersen

Case 1:18-cv-00236-REB Document 40 Filed 10/26/18 Page 2 of 2