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Home My WebLink About20041117Joint Motion for Acceptance of Settlement.pdfr:" CEj , " BARTON 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 , ., '." -"c, L,., ..., ~" . r: f' ~ ,~! .; :"" W ,e'l ~t . 2G:jL; y,U; \ H , ", .. 0 \ \ U i Ie. Co C "i,,: ! S S \ Q N , : Attorneys for Idaho Power Company ~ress Mail Address 1221 West Idaho Street Boise, Idaho 83702 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IDAHO POWER COMPANY CASE NO. IPC-04- Complainant CITY OF EAGLE, IDAHO Respondent. EAGLE RIVER , LLC Intervenor. JOINT MOTION FOR ACCEPTANCE OF SETTLEMENT COMES NOW, Idaho Power Company ("Idaho Power" or the "Company ), the City of Eagle , Idaho (the "City ), Eagle River, LLC ("Eagle River") and the Idaho Public Utilities Commission Staff ("Staff") who are collectively referred to herein as the "Parties and individually as a "Party" and , and in accordance with RP 056 and RP 271-280, hereby JOINT MOTION FOR ACCEPTANCE OF SETTLEMENT Page move the Commission for an Order accepting the settlement negotiated by the Parties as embodied in the Stipulation which is attached to this Motion as Exhibit 1. This Motion based on the following: In Order No. 29465 and following the September 9, 2004 public hearing on this matter, the Commission encouraged the Parties to continue their negotiations to resolve Idaho Power s complaint. The Parties to this matter desire to resolve by settlement the issues regarding the alignment, materials to be used and the cost to the City to construct a portion of the 138-kV transmission line extension through the City of Eagle and to place a portion of the Company s distribution facilities underground. The Parties entered into settlement discussions that resulted in the execution of the Stipulation. II. The Parties negotiated the Stipulation as an integrated settlement document. The Parties request that the Stipulation be entered into the record as evidence in this proceeding. The Parties agree that the Stipulation is in the public interest and that all of the terms of the Stipulation are fair, just and reasonable. The Parties support adoption of the Stipulation and acceptance of the Stipulation by the Commission with the intention that settlement will allow Idaho Power to proceed to construct a 138-kV transmission line through the City. III. I n its Notice of Public Workshop and Notice of Hearing issued on April 14, 2004 via Order No. 29465, the Commission set September 9, 2004 as the date for a technical hearing and a public hearing. Those hearings have been conducted and testimony has been JOINT MOTION FOR ACCEPTANCE OF SETTLEMENT Page 2 entered into the record in this case. If the Commission desires testimony in support of this Motion and the settlement between the Parties, the Parties are willing to provide such testimony. Otherwise, the Parties request that the Stipulation be entered into the record as evidence in this proceeding and that the Commission give expeditious consideration of this matter to permit design of the proposed facility and an opportunity to order materials to assure construction of this project by May 2005. NOW , THEREFORE, the Parties hereto request that the Commission give expeditious consideration of this matter and issue its Order accepting the Stipulation in full settlement of the issues raised in Case No. IPC-04-04 relating to the alignment , materials to be used and the cost to the City to construct a portion of the of the 138-kV transmission line extension through the City of Eagle and to place a portion of the Company s existing distribution lines underground. Respectfully submitted this day of November 2004. MONICA MOEN Attorney for Idaho Power Company SUSAN E. BUXTON Attorney for City of Eagle , Idaho B. NEWAL SQUYRES Attorney for Eagle River, LLC DONALD L. HOWELL, II Deputy Attorney General Attorney for PUC Staff JOINT MOTION FOR ACCEPTANCE OF SETTLEMENT Page 3 entered into the record in this case. If the Commission desires testimony in support of this Motion and the settlement between the Parties, the Parties are willing to provide such testimony. Otherwise , the Parties request that the Stipulation be entered into the record as evidence in this proceeding and that the Commission give expeditious consideration of this matter to permit design of the proposed facility and an opportunity to order materials to assure construction of this project by May 2005. NOW, THEREFORE, the Parties hereto request that the Commission give expeditious consideration of this matter and issue its Order accepting the Stipulation in full settlement of the issues raised in Case No. IPC-04-04 relating to the alignment, materials to be used and the cost to the City to construct a portion of the of the 138-kV transmission line extension through the City of Eagle and to place a portion of the Company s existing distribution lines underground. Respectfully submitted this day of November 2004. MONICA MOEN Attorney for Idaho Power Company MARY V. YORK Attorney for Eagle River, LLC DONALD L. HOWELL, II Deputy Attorney General Attorney for I PUC Staff JOINT MOTION FOR ACCEPTANCE OF SETTLEMENT Page 3 entered into the record in this case. If the Commission desires testimony in support of this Motion and the settlement between the Parties, the Parties are willing to provide such testimony. Otherwise , the Parties request that the Stipulation be entered into the record as evidence in this proceeding and that the Commission give expeditious consideration of this matter to permit design of the proposed facility and an opportunity to order materials to assure construction of this project by May 2005. NOW, THEREFORE, the Parties hereto request that the Commission give expeditious consideration of this matter and issue its Order accepting the Stipulation in full settlement of the issues raised in Case No. IPC-04-04 relating to the alignment, materials to be used and the cost to the City to construct a portion of the of the 138-kV transmission line extension through the City of Eagle and to place a portion of the Company s existing distribution lines underground. Respectfully submitted this day of November 2004. MONICA MOEN Attorney for Idaho Power Company SUSAN E. BUXTON Attorney for City of Eagle, Idaho DONALD L. HOWELL, II Deputy Attorney General Attorney for IPUC Staff JOINT MOTION FOR ACCEPTANCE OF SETTLEMENT Page 3 entered into the record in this case. If the Commission desires testimony in support of this Motion and the settlement between the Parties, the Parties are willing to provide such testimony. Otherwise , the Parties request that the Stipulation be entered into the record as evidence in this proceeding and that the Commission give expeditious consideration of this matter to permit design of the proposed facility and an opportunity to order materials to assure construction of this project by May 2005. NOW, THEREFORE , the Parties hereto request that the Commission give expeditious consideration of this matter and issue its Order accepting the Stipulation in full settlement of the issues raised in Case No. IPC-04-04 relating to the alignment , materials to be used and the cost to the City to construct a portion of the of the 138-kV transmission line extension through the City of Eagle and to place a portion of the Company s existing distribution lines underground. Respectfully submitted this day of November 2004. MONICA MOEN Attorney for Idaho Power Company SUSAN E. BUXTON Attorney for City of Eagle , Idaho B. NEW AL SQUYRES Attorney for Eagle River, LLC DONALD L.! OWELL, II Deputy Attorney General Attorney for PUC Staff JOINT MOTION FOR ACCEPTANCE OF SETTLEMENT Page 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this /ft,~ay of November 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 Susan Buxton Moore Smith 225 N. 9th Street, Suite 420 Boise, Idaho 83702 Hand Delivered x U.S. Mail Overnight Mail x FAX City of Eagle O. Box 1520 Eagle , Idaho 83616 Hand Delivered x U.S. Mail Overnight Mail FAX 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 Eagle River, LLC c/o Ennis Dale 485 E. Riverside Drive Eagle, ID 83616 Hand Delivered S. Mail Overnight Mail FAX MONICA B. MOEN CERTIFICATE OF SERVICE