20070917Notice of Appeal.pdf

John R. Hammond, Jr., ISB No. 5470
FISHER LAW GROUP
U S Bank Plaza, 5th Floor
101 South Capitol Boulevard
O. Box 1308
Boise, Idaho 83701
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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 VIMOR, LLC
AND IDAHO POWER TO PROVIDE ELECTRIC
TRANSMISSION AND SUBSTATION
FACILITIES TO THE AVIMOR MULTI-USEDEVELOPMENT
Case No. IPC-O6-
NOTICE OF APPEAL
TO:
A VIM OR, LLC, an Idaho Limited Liability Company
APPELLANT
THE IDAHO PUBLIC UTILITIES COMMISSION
RESPONDENT
NOTICE OF APPEAL
THE ABOVE NAMED RESPONDENT, THE IDAHO PUBLIC UTILITIES
COMMISSION AND ITS ATTORNEY, THE HON. LAWRENCE
WASDEN, ATTORNEY GENERAL OF THE STATE OF IDAHO, AND JEAN
D. JEWELL, SECRETARY OF THE ABOVE NAMED RESPONDENT.
NOTICE OF APPEAL
NOTICE IS HEREBY GIVEN THAT:
The above named appellant, Avimor, LLC, an Idaho limited liability
company, appeals against the above named Respondent to the Idaho Supreme Court from
Idaho Public Utilities Commission Order Nos. 30322 and 30396 entered in Case No.
IPC-06-23 on May 24 2007 and August 3, 2007, respectively.
Appellant has a right to appeal to the Idaho Supreme Court, and the Orders
described in paragraph 1 above are appealable orders pursuant to Idaho Code ~ 61-627
Rule lICe) of the Idaho Appellate Rules, and Rule 341 of the Idaho Public Utilities
Commission s Rules of Procedure, IDAPA 31.01.01.341.
Appellant's preliminary statement of the Issues on appeal which the
appellant intends to assert in the appeal is:
In general, Avimor asserts that Final Order Nos. 30322 and 30396 are
unreasonable, unlawful, erroneous, unduly discriminatory and not in conformance with
the facts ofrecord and/or applicable law. Specifically, Avimor contends:
1 )Avimor asserts that Final Order Nos. 30322 and 30396 are unreasonable
unlawful, erroneous, unduly discriminatory and not in conformance with the facts
record and/or applicable law because the Commission s sole reason for not approving the
terms ofthe proposed amended Special Facilities Agreement or original Special Facilities
Agreement, that they would 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 findings in Order Nos. 30322 and 30396 discriminate
against A vimor to its detriment in violation of Idaho Code ~ 61-315 and also in violation
ofthe Equal Protection Clause of the United States and Idaho Constitutions; and
NOTICE OF APPEAL
The Commission s finding that new evidence concerning what the average
per customer connection cost provided to Avimor as a result of the filing ofldaho Power
Company s new rate case with the Commission, Case No. IPC-07-, was not
sufficient to justify increasing the refund amount is unreasonable, unlawful, erroneous
unduly discriminatory as that average cost number is currently before the Commission for
its review and has been verifiable for some time.
No order has been entered in Case No. IPC-06-23 sealing all or any
portion of the record.
No reporter s transcript is requested.
The appellant requests the following documents to be included in the
agency s record in addition to those automatically included under Rule 28 of the Idaho
Appellate Rules.
Board of Ada County Commissioners, Findings of Fact, Conclusions of
Law and Order 05-00l-, pp. 1 , 10 & 23-, submitted under separate cover.
In the Matter of the Application of Idaho Power Company for Authority to
Increase its Interim and Base Rates and Charges for Electric Service Order No. 29505
Case No. IPC-03-13.
In the Matter of Idaho Power Company s Application to Implement a
Demand Side Management Incentive Pilot Program Case No. IPC-06-, Order No.
30268.
In the Matter of Idaho Power Company s 2006 Integrated Resource Plan
Case No. IPC-06-, Order No. 30281.
NOTICE OF APPEAL
In the Matter of the Application of Pacificorp DBA Utah Power Light
Company for Approval of a New DSM Cost Recovery Mechanism and Enhanced Energy
Efficiency Programs for Commercial, Industrial Agricultural and Residential
Customers P AC-05-1 0, Order 29952.
In the Matter of the Investigation Concerning Issues Related to Idaho
Power Company s Cost of Service Case No. IPC-06-, The Parties' Final Report pp.
1- 7.
Idaho Power Company s Response to the First Production Request of the
Commission Staff, Case No. IPC-06-23.
Idaho Power Company s Responses to Discovery Request of Avimor, LLC
dated March 16, 2007, submitted under separate cover.
Electronic mail between Alden J. Holm, Tim Tatum and Greg Said, dated
March 8 , 16, 19 and 20, 2007, submitted under separate cover.
I certify that:
(a)That no copy of this notice of appeal was served on a reporter as
this case was processed by a written proceeding and there are no transcripts;
(b)copy of this Notice of Appeal has been served on the
Commission Secretary for the Idaho Public Utilities Commission;
(c)The estimated fee for the preparation of the agency s record on
appeal has been paid;
(d)That the appellate filing fee has been paid.
NOTICE OF APPEAL
(e)That service has been made upon all parties required to be served
pursuant to Rule 20 of the Idaho Appellate Rules and the Attorney General of Idaho
pursuant to Idaho Code ~ 67-1401(1).
DATED This 14th day of September, 2007.
FISHER LA W GROUP, LLP
ammond, Jr.
y for A vimor, LLC
NOTICE OF APPEAL
CERTIFICATE OF SERVICE
I HEREBY CERTIFY That on this 14th day of September, 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
ii ewel((i),puc. state. id. us
Monica B. Moen
IDAHO POWER COMPANY
P. O. Box 70
Boise, Idaho 83707-0070
mmoen(~jdahopower. com
Weldon Stutzman
IDAHO PUBLIC UTILITIES COMMISSION
472 W. Washington Street
P. O. Box 83720
Boise, Idaho 83702-5983
W eldon.stutzman~puc.idaho.gov
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NOTICE OF APPEAL