20070614Petition for Reconsideration.pdf

John R. Hammond, Jr., ISB No. 5470
FISHER LA W GROUP fka BAIT & FISHER, LLP
U S Bank Plaza, 5th Floor
101 South Capitol Boulevard
O. Box 1308
Boise, Idaho 83701
[phone]
[phone] facsimile
irh~battfisher.com
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Attorneys for Avimor, LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR APPROV AL OF
AN AGREEMENT BETWEEN A VIM OR, LLC
AND IDAHO POWER TO PROVIDE ELECTRIC
TRANSMISSION AND SUBSTATION
FACILITIES TO THE A VIM OR MULTI-USE DEVELOPMENT
Case No. IPC-06-
PETITION FOR
RECONSIDERATION OF
COMMISSION FINAL
ORDER NO. 30322
COMES NOW A vimor, LLC, an Idaho limited liability company, by and through
its attorneys of record, Fisher Law Group, LLP, fka Batt & Fisher, LLP, and pursuant to
Idaho Public Utilities Commission Rules of Procedure 331 and Idaho Code ~ 61-626
respectfully Petitions for Reconsideration (the "Petition ) on the findings made in the
Commission s Final Order 30322. Avimor requests that the Commission process
reconsideration based on written pleadings and further requests that it be allowed to file a
memorandum in support of its Petition at a later date due to the reasons set forth below.
In general, as will be discussed in more detail in subsequent briefing, if allowed
Avimor asserts that Final Order No. 30322 is unreasonable, unlawful , erroneous, unduly
discriminatory and not in conformance with the facts of record and/or applicable law.
Specifically, A vim or contends:
PETITION FOR RECONSIDERATION OF1COMMISSION FINAL ORDER NO.
30322 - 1
1 )The Commission s finding that the amended proposal for the
Special Facilities Agreement will place a great financial burden and undue risk on
existing ratepayers is not supported by substantial and competent evidence in the record.
The Commission s Order unjustly turns Avimor s advance into a
contribution which insures that other ratepayers will benefit at its expense.
The Commission s findings in Order No. 30322 discriminate
against A vimor and its future residents in violation of Idaho Code ~ 61-315, and also
violates the Equal Protection Clause of the United States Constitution; and
New information has been provided to Avimor in the last few days as a
result of the filing ofIdaho Power Company s new rate case. See Case No. IPC-07-08.
Not until this case was filed was Idaho Power able to provide Avimor with updated cost
information. Specifically, cost information concerning what the average per customer
connection cost is. Preliminarily this number is believed to be in the $1 100.00 but
A vimor needs more time to investigate this number.
A vimor respectfully requests that the Commission grant reconsideration for the
purpose of allowing the Company to brief these issues more fully and believes that no
prejudice results to any other party if this request was granted. Furthermore, as new cost
information has just become available, A vimor would like to have additional time to
review these materials.
In addition, counsel for A vimor has had two deaths of close family members
occur recently and has been traveling and will be continuing to travel to Spokane
Washington, Nashville, Tennessee and Buffalo, New York to attend to family matters
PETITION FOR RECONSIDERATION OFX:OMMISSION FINAL ORDER NO.
30322 - 2
and memorial services. As a result, it has been difficult for counsel to complete the
necessary briefing in support of this Petition in light of these events.
Avimor also requests that the Commission clarify or amend Order No. 30322 to
allow it to receive refunds based not only on the number of residential connections but
also upon the kva ratings of the distribution transformers serving non-residential
connections. 1 A vimor believes that the Commission intended that this was allowable but
the language of Order No. 30322 does not expressly address this issue.
Accordingly, it is respectfully requested that Avimor be allowed until June 29
2007 to file its brief in support of its Petition for Reconsideration, with a short period of
time following such filing for the parties of record in this case to respond.
REQUEST FOR RELIEF
Based on the foregoing, A vimor respectfully requests that its Petition for
Reconsideration be granted for the purpose of establishing a procedure allowing the
Company to file a brief with the Commission in support of its arguments as stated above.
Avimor respectfully requests that it be given until June 29 2007 to file its brief in support
of its arguments and positions, and that the other parties of record be given a short period
of time to file written responses.
I For example Avimor s wastewater treatment plant.
PETITION FOR RECONSIDERATION OF3COMMISSION FINAL ORDER NO.
30322 - 3
Avimor also requests that the Commission clarify or amend Order No. 30322 to
allow it to receive refunds based not only on the number of residential connections but
also upon the kva ratings ofthe distribution transformers serving non-residential
connections.
DATED This 14th day of June, 2007.
FISHER LAW GROUP, LP
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John R. ond, Jr.Atto ys for A vimor, LLC
PETITION FOR RECONSIDERATION OF4COMMISSION FINAL ORDER NO.
30322 - 4
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY That on this 14th day of June, 2007, I caused to be
served the foregoing upon all parties of record in this proceeding as indicated
below:
Jean Jewell
IDAHO PUBLIC UTILITIES COMMISSION
472 W. Washington Street
P. O. Box 83720
Boise, Idaho 83720-5983
iiewel((i),puc.state.id.
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Monica B. Moen
IDAHO POWER COMPANY
P. O. Box 70
Boise, Idaho 83707-0070
mmoen((i),i dahopower. com
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Weldon Stutzman
IDAHO PUBLIC UTILITIES COMMISSION
472 W. Washington Street
P. O. Box 83720
Boise, Idaho 83702-5983
W eldon.stutzman(Q)puc. idaho. gov
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PETITION FOR RECONSIDERATION OF5COMMISSION FINAL ORDER NO.
30322 - 5