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Home My WebLink About20040908Motion to Strike.pdfBARTON L. KLINE ISB #1526 MONICA B. MOEN ISB #5734 Idaho Power Company O. Box 70 Boise , Idaho 83707 Phone: (208) 388-2692 FAX: (208) 388-6936 Attorneys for Idaho Power Company ~ress Mail Address 1221 West Idaho Street Boise, Idaho 83702 F~ DElVED ('71l.;.~! ----,~.~ ; rI. lOBi! (:r p - f1h1 i 0 +~ .- 1 '-"_d lU, j ': , i (.j ,;i l. ; C U TlL IT if S COf1t'iI SSION BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IDAHO POWER COMPANY CASE NO. IPC-04- Complainant CITY OF EAGLE , IDAHO Respondent. EAGLE RIVER, LLC Intervenor. MOTION FOR ORDER EITHER STRIKING THE REBUTTAL AND SUPPLEMENTAL TESTIMONY FILED BY THE CITY OF EAGLE OR GRANTING IDAHO POWER LEAVE TO PRESENT LIVE REBUTTAL TESTIMONY AT THE TECHNICAL HEARING ON THIS MATTER COMES NOW , Idaho Power Company ("Idaho Power" or the "Company ) and in accordance with RP 056 , RP 231.01 and Order Nos. 29464 and 29574, hereby moves the Commission for an Order striking the rebuttal and supplemental testimony filed by the City of Eagle on September 7, 2004. Alternatively, should the Commission not issue an order MOTION FOR ORDER EITHER STRIKING THE REBUTTAL AND SUPPLEMENTAL TESTIMONY FILED BY THE CITY OF EAGLE OR GRANTING IDAHO POWER LEAVE TO PRESENT LIVE REBUTTAL TESTIMONY AT THE TECHNICAL HEARING ON THIS MATTER Page striking the rebuttal testimony of the City of Eagle, the Company respectfully requests that the Commission issue an order granting Idaho Power leave to present live rebuttal testimony at the technical hearing on this matter which is set for Thursday, September 9 2004 at 9:30 AM. This Motion is based on the following: In Order No. 29444 issued March 15 , 2004, the Idaho Public Utilities Commission ("IPUC" or the "Commission ) scheduled a prehearing conference for the parties to discuss how the above-referenced case should be processed. As set out in Order No. 29444, the purpose of the prehearing conference was for the parties to agree upon how this case should be processed. Representatives for Idaho Power Company, the City of Eagle (the "City ) and the Commission Staff ("Staff') entered appearances at the prehearing conference which was held on March 31 , 2004. At the prehearing conference, the parties mutually agreed to the schedule and proposed that the Commission adopt the following schedule to process this case: DATE ACTION April 30 , 2004 Prefile direct testimony of Idaho Power May 17 , 2004 Deadline for City and/or Staff discovery June 4, 2004 June 25, 2004 Deadline to answer initial discovery City and/or Staff prefile direct testimony July 8 , 2004 Public workshop to dispense information 1 In Order No. 29543 issued on July 9 , 2004, the IPUC granted Eagle River, LLC's Petition to Intervene in this matter. In Order No. 29542 issued on July 7, 2004, the Commission ordered the Staff to file its direct testimony in this matter no later than July 30, 2004 and the City to file its direct testimony no later than July 2, 2004. MOTION FOR ORDER EITHER STRIKING THE REBUTTAL AND SUPPLEMENTAL TESTIMONY FILED BY THE CITY OF EAGLE OR GRANTING IDAHO POWER LEAVE TO PRESENT LIVE REBUTTAL TESTIMONY AT THE TECHNICAL HEARING ON THIS MATTER Page 2 July 13 , 2004 Deadline for Idaho Power discovery to City or Staff August 2 , 2004 August 16, 2004 Deadline to answer Idaho Power discovery Prefile Idaho Power rebuttal testimony September 9 , 2004 Technical hearing in Boise September 9 , 2004 Public hearing in Eagle The Commission approved this schedule via Order No. 29465 issued on April 14 2005.The original schedule anticipated that both the City and the Staff would simultaneously file direct testimony in this matter on June 25, 2004. Although the schedule has been modified in conformance with the Orders identified herein to permit the City to file its direct testimony no later than July 2, 2004 and for the Staff to file its direct testimony no later than July 30 2004, no accommodations were made in any Order issued by the IPUC in this case for the City or any other party other than Idaho Power to file testimony rebutting the direct testimony filed by any party. II. Although the above-referenced schedule approved by the parties and ordered by the Commission did not allow the City or any other party other than Idaho Power to file rebuttal testimony in this matter, on Tuesday afternoon , September 7 , 2004 , less than 41 hours before the technical hearing in this matter, the City of Eagle served the Company with testimony that purports to be rebuttal testimony. In fact, the testimony presents totally new evidence and arguments not previously presented in the City s case to date. 3 In Order No. 29574 issued on August 27 2004, the Commission reset the date for Idaho Power to file its rebuttal testimony. The Order required Idaho Power to file its rebuttal testimony electronically by Monday September 6, 2004 and to file a hard copy of the testimony with the Commission on September 7, 2004. The Company served the rebuttal testimony on all the parties to this matter on Friday, September 3, 2004. MOTION FOR ORDER EITHER STRIKING THE REBUTTAL AND SUPPLEMENTAL TESTIMONY FILED BY THE CITY OF EAGLE OR GRANTING IDAHO POWER LEAVE TO PRESENT LIVE REBUTTAL TESTIMONY AT THE TECHNICAL HEARING ON THIS MATTER Page 3 As the Complainant in this matter and as ordered by the Commission pursuant to Order No. 29465 , Idaho Power is entitled to the opportunity to open and close the presentation of evidence in this case. In accordance with the schedule mutually agreed by the parties in this case and as ordered by the Commission, the Company, therefore respectfully requests that the Commission strike the rebuttal and supplemental testimonies of Don C. Reading, Ph.D and Pike Teinert that were filed on behalf of the City of Eagle on September 7 , 2004. Alternatively, Idaho Power hereby requests, given the City s ill-timed service of rebuttal and supplemental testimony in this matter, that, if the Commission does not issue an order striking the rebuttal and supplemental testimony of the City of Eagle , the Company be granted leave to present , at the technical hearing on this matter, live rebuttal testimony of the testimony filed by the City of Eagle on September 7 , 2004. Idaho Power requests that the Commission take up this matter at the time scheduled for the technical hearing of this case and that the technical hearing proceed immediately following the Commission s hearing on this Motion. NOW , THEREFORE , Idaho Power respectfully requests that the Commission issue its Order striking the rebuttal and supplemental testimony filed by the City of Eagle on September 7 , 2004 or, in the alternative, granting Idaho Power Company leave to present live rebuttal testimony at the technical hearing in this matter. Respectfully submitted this 8th day of September 2004. MONICA MOEN Attorney for Idaho Power Company MOTION FOR ORDER EITHER STRIKING THE REBUTTAL AND SUPPLEMENTAL TESTIMONY FILED BY THE CITY OF EAGLE OR GRANTING IDAHO POWER LEAVE TO PRESENT LIVE REBUTTAL TESTIMONY AT THE TECHNICAL HEARING ON THIS MATTER Page 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 8th day of September 2004, I served true and correct copies of the above and foregoing JOINT MOTION FOR ACCEPTANCE OF SETTLEMENT to the following parties: Donald L. Howell, II Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington Street O. Box 83720 Boise , Idaho 83720-0074 Hand Delivered S. Mail Overnight Mail FAX Electronic Mail Susan Buxton Moore Smith 225 N. 9th Street , Suite 420 Boise, Idaho 83702 Hand Delivered S. Mail Overnight Mail FAX Electronic Mail City of Eagle O. Box 1520 Eagle , Idaho 83616 Hand Delivered x U.S. Mail Overnight Mail FAX Electronic Mail B. Newel Squyres Mary V. York Holland & Hart, LLP Suite 1400, U.S. Bank Plaza 101 S. Capitol Boulevard O. Box 2527 Boise , ID 83701 Hand Delivered S. Mail Overnight Mail FAX Electronic Mail Eagle River, LLC c/o Ennis Dale 485 E. Riverside Drive Eagle , ID 83616 Hand Delivered - U.S. Mail Overnight Mail FAX Electronic Mail (ft- MONICA B. MOEN CERTIFICATE OF SERVICE Page