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Home My WebLink About20100709Notice of Appeal (Windland).pdfPeter J. Richardson Gregory M. Adams Richardson & O'Lear, PLLC 515 N. 27th Street P.O. Box 7218 Boise, Idaho 83702 Telephone: (208) 938-7901 Fax: (208) 938-7904 peterrmrichardsonandoleary.com gregrmrichardsonandolear.com RECEIVED iow JUl -8 PH It: 37 IDAHO FJ3i.¡C UTILITIES COr.:f'iHSSION Attorneys for Appellant Windland, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE ADJUSTMENT OF) AVOIDED COST RATES FOR NEW PURPA ) CASE NO. GNR-E-IO-Ol CONTRACTS FOR A VISTA CORPORATION) DBA A VISTA UTILITIES, IDAHO POWER j NOTICE OF APPEAL COMPANY, AND PACIFICORP ) DBA ROCKY MOUNTAIN POWER ) ) ) ) ) ) TO: THE IDAHO PUBLIC UTILITIES COMMISSION, THE PARTIES IN THIS MATTER AND THIE RESPECTIVE COUNSEL OF RECORD NOTICE IF HEREBY GIVEN THAT: 1. The Appellant, Windland, Inc., appeals to the Idaho Supreme Cour from the Idaho Public Utilties Commission's Order No. 31092. 2. Appellant has a right to appeal to the Idaho Supreme Cour, and the order described in paragraph 1 above is an appealable order pursuat to LA.R. 11 (e). NOTICE OF APPEAL - 1 3. Appellant presently intends to assert the following issues on appeal, although Appellant reserves the right to assert other issues on appeal: a) Whether the Idaho Public Utilities Commission violated LC. § 6l-307 when it approved a change in the published avoided cost rates available under the Public Utility Regulatory Policies Act of 1978.in its Order No. 31025. b) Whether the Idaho Public Utilities Commission violated the Procedural Due Process clause of Aricle 1, Section 13, of the Idaho Constitution when it approved a change in the published avoided cost rates available under the Public Utility Regulatory Policies Act of 1978 in its Order No. 31025. c) Whether the Idaho Public Utilities Commission violated the Procedural Due Process Clause of the Foureenth Amendment to the United States Constitution when it approved a change in the published avoided cost rates available under the Public Utility Regulatory Policies Act of 1978 in its Order No. 31025. 4. No order has been entered sealing any portion of the record. 5. Appellant is aware of no proceedings in this matter where a reporter was present, and therefore Appellant does not request preparation of the reporter's transcript. 6. Appellant requests preparation of a standard agency record on appeal pursuant to LA.R. 28. 7. I certify: a) That there is no transcript fee and no reporter on whom to serve this notice because Appellant is aware of no transcript available from this matter. b) That the estimated fee for preparation of the clerk's record has been paid. c) That the appellate fiing fee has been paid. d) That service has been made upon all paries required to be served pursuant to LA.R. 20, and the Attorney General ofIdaho pursuant to LC. § 67- 1401(1). NOTICE OF APPEAL - 2 DATED THIS ß''fday of July 2010. RICHARSON AND O'LEARY, PLLC BY~~ Peter J. Richardson (ISB No: 3195) Gregory M. Adams (ISB No: 7454) Attorneys for Appellant Wind1and, Inc. NOTICE OF APPEAL - 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the _ day of July, 2010, a true and correct copy ofthe within and foregoing NOTICE OF APPEAL was served in the maner shown to: Jean Jewell Commission Secreta IDAHO PUBLIC UTILITIES COMMISSION 472 W Washington Boise ID 83702 Scott Woodbur IDAHO PUBLIC UTILITIES COMMISSION 472 W Washington Boise ID 83702 Donovan E. Walker Randy Allphin IDAHO POWER COMPANY PO Box 70 Boise ID 83707-0070 Daniel Solander Ted Weston Mark Moench PACIFICORP DBA ROCKY MOUNTAIN POWER 201 South Main Ste 2300 Salt Lake City UT 84111 Clint Kalich Michael Andrea A VISTA UTILITIES PO Box 3727 Spokane WA 99220-3727 Jeffrey S Lovinger Kenneth E Kaufman LOVINGER KAUFMANN LLP 825 NE Multnomah Ste 925 Portland OR 97232 NOTICE OF APPEAL - 4 -. Hand Delivery _U.S. Mail, postage pre-paid Facsimile Electronic Mail -. Hand Delivery _U.S. Mail, postage pre-paid Facsimile Electronic Mail _ Hand Delivery XU.S. Mail, postage pre-paid Facsimile Electronic Mail _ Hand Delivery XU.S. Mail, postage pre-paid Facsimile Electronic Mail _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile Electronic Mail _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile Electronic Mail Greg Duvall Laren Hale PACIFICORP 825 NE Multnomah Portland OR 97232 _ Hand Delivery iU.S. Mail, postage pre-paid Facsimile Electronic Mailtd NOTICE OF APPEAL - 5