20040908Eagle Response to Motion.pdf

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Susan E. Buxton, ISB # 4041
MOORE SMITH BUXTON & TURCKE, CHARTERED
Attorneys at Law
225 North 9th Street, Suite 420
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
Attorney for Respondent, City of Eagle, Idaho
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UllLliiES cor,! ISSION
BEFORE THE IDAHO PUBLIC UTILIES COMMISSION
IDAHO POWER COMPANY,
Complainant
vs.
CITY OF EAGLE, IDAHO,
Respondent.
Case No. IPC- E-O4-
REPONSE BY CITY OF EAGLE TO
IDAHO POWER'S MOTION FOR
ORDER EITHER STRIKING THE
REBUTT AL AND SUPPLEMENTAL
TESTIMONY FILED BY THE CITY
OF EAGLE OR GRANTING IDAHO
POWER LEAVE TO PRESENT LIVE
TESTIMONY AT THE TECHNICAL
HEARIN G ON THIS MATTER
COMES NOW, the City of Eagle and hereby responds to Idaho Power s Motion for an
order striking the rebuttal and supplemental testimony filed by the City of Eagle on September 7
2004. The City respectfully requests that the Commission issue an order granting Idaho Power
leave to present live rebuttal testimony at the technical hearing on this matter Thursday,
September 9, 2004 at 9:30 AM for the limited purpose to address the information specified in the
RESPONSE BY CITY OF EAGLE TO IDAHO POWER'S MOTION FOR ORDER EITHER STRIKING
THE REBUTTAL AND SUPPLEMENTAL TESTIMONY FILED BY THE CITY OF EAGLE OR
GRANTING IDAHO POWER LEAVE TO PRESENT LIVE TESTIMONY AT THE TECHNICAL
HEARING ON THIS MATTER - 1
rebuttal and supplemental testimony filed by Pike Teinert and Dr. Don Reading. In addition, the
City should be allowed to present live rebuttal testimony at the technical hearing to the new
information presented in Mr. Sike s rebuttal testimony filed September 7, 2004. The City filed
Mr. Teinert and Dr. Don Reading s Rebuttal and Supplemental Testimony in the interest of full
disclosure for benefit of the Commission and all parties and to address issues raised in Mr.
Randy Lobb' s direct testimony that necessitated further discussion addressing the City s position.
Mr. Lobb's testimony was filed July 30, 2004, which was twenty-eight days after the City
direct testimony was filed and after the public workshop was held July 8, 2004, in Eagle. Since
that time, the parties have been attempting to resolve the matter.
Mr. Sikes' September 7 2004, rebuttal testimony, references information regarding loads
experienced in August 2004, and the Star Area Study finished June 3 , 2004, both of which
provide new information in this matter. The City should be allowed the opportunity to address
such information that was only made available to the City from Idaho Power yesterday,
September 7, 2004.
The City does not contest that the Commission s order allows Idaho Power is entitled to
the opportunity to open and close the presentation of evidence in this case. Accordingly, the City
does not object to allowing Idaho Power the opportunity for the live rebuttal testimony of the
testimony filed by the City of Eagle on September 7, 2004, so long as such rebuttal is limited to
the topics addressed in the supplemental and rebuttal testimony. Similarly, in the interest of fair
play and full disclosure, the City should be granted the opportunity to present live rebuttal
RESPONSE BY CITY OF EAGLE TO IDAHO POWER'S MOTION FOR ORDER EITHER STRIKING
THE REBUTTAL AND SUPPLEMENTAL TESTIMONY FILED BY THE CITY OF EAGLE OR
GRANTING IDAHO POWER LEAVE TO PRESENT LIVE TESTIMONY AT THE TECHNICAL
HEARING ON THIS MATTER - 2
testimony to Mr. Sikes rebuttal testimony filed September 7, 2004.
-fk-RESPECTFULLY SUBMITTED this day of September, 2004.
MOORE SMITH BUXTON & TURCKE
CHAR TE
Susan E. Buxton
Attorney for City of Eagle, Idaho
By:
RESPONSE BY CITY OF EAGLE TO IDAHO POWER'S MOTION FOR ORDER EITHER STRIKING
THE REBUTTAL AND SUPPLEMENTAL TESTIMONY FILED BY THE CITY OF EAGLE OR
GRANTING IDAHO POWER LEAVE TO PRESENT LIVE TESTIMONY AT THE TECHNICAL
HEARING ON THIS MATTER - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 'DAY OF SEPTEMBER, 2004 , SERVED
THE FOREGOING RESPONSE TO THE IDAHO POWER'S MOTION FOR ORDER
EITHER STRIKING THE REBUTTAL AND SUPPLEMENTAL TESTIMONY FILED
BY THE CITY OF EAGLE OR GRANTING IDAHO POWER LEAVE TO PRESENT
LIVE TESTIMONY AT THE TECHNICAL HEARING ON THIS MATTER IN CASE
NO. IPC-04-BY MAILING A COpy THEREOF POSTAGE PREPAID TO THE
FOLLOWING:
Mr. Don Howell
Idaho Public Utilities Commission
472 West Washington Street
Boise, ill 83720-0074
- u.s. Mail
VFacsimile
Hand Delivered
Overnight Mail
B. Newell Squyers
MaryV. York
Holland & Hart, LLP
Suite 1400, U.S. Bank Plaza
101 S. Capitol Blvd
O. Box 2527
Boise, ill 83701
Mail
csimile
Hand Delivered
Overnight Mail
Monica B. Moen
Barton L. Kline
Idaho Power Company
O. Box 70
Boise, Idaho 83707-0070
~il~simile
Hand Delivered
Overnight Mail
Susan E. Buxton
Attorney for City of Eagle, Idaho
RESPONSE BY CITY OF EAGLE TO IDAHO POWER'S MOTION FOR ORDER EITHER STRIKING
THE REBUTTAL AND SUPPLEMENTAL TESTIMONY FILED BY THE CITY OF EAGLE OR
GRANTING IDAHO POWER LEAVE TO PRESENT LIVE TESTIMONY AT THE TECHNICAL
HEARING ON THIS MATTER - 4