20080324Petition to Alter or Amend.pdf

DEC.r: :l \. ' ' ...l \..,,";
John R. Hamond, Jr., ISB No. 5470
FISHER PuSCH & ALDERMN LLP
U S Ban Plaza, 5th Floor
101 South Capitol Boulevard
P.O. Box 1308
Boise, Idaho 83701
[phone]
[phone] facsimile
jrh(fbattfisher.com
i';ÀR 2 ¡ PI'14:52
Attorneys for A vimor, LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
IDAHO POWER COMPAN FOR APPROVAL OF )
AN AGREEMENT BETWEEN AVIMOR, LLC )
AND IDAHO POWER TO PROVIDE ELECTRIC )
TRASMISSION AND SUBSTATION )
FACILITIES TO THE AVIMOR MULTI-USE )DEVELOPMENT )
)
Case No. IPC-E-06-23
PETITION TO ALTER
OR AMEND AND/OR
PETITION FOR
RECONSIDERATION OF
COMMISSION FINAL
ORDER NO. 30510
COMES NOW Avimor, LLC, an Idaho limited liability company, by and through
its attorneys of record, Fisher Pusch & Alderman LLP and pursuant to Idaho Public
Utilities Commission's Rules of Procedure 324 & 331 and Idaho Code §§ 61-624 and 61-
626 respectfully Petitions the Commission to Alter or Amend its Order No. 30510 and/or
Petitions the Commission to Reconsider its findings made in the Order No. 30510. In
fuherance of its Petitions A vimor respectfully requests that the Commission reopen the
record in this case to introduce further evidence into the record to justify the
reasonableness of the Settlement Agreement in this case which was proposed to the
Commission by the parties.
On reconsideration Avimor presented evidence through the affdavit of Alden J.
Holm that demonstrated based on data from Idaho Power filings in its most recent rate
AVIMOR, LLC PETITION TO ALTER AND AMEND AND OR PETITION FOR
RECONSIDERATION OF COMMISSION FINAL ORDER NO~ 30510.
case that the average cost per customer for transmission and substation/distrbution
facilities was $1,100.00. In the Stipulation for Settlement of Appeal the paries agreed
that the average cost Idaho Power incurs when it connects a new residential customer to
its system for transmission and substation/distribution facilities is $1,096.00, as
calculated from data contained in Case No. IPC-E-07-08. Stipulation at p. 6. No final
order had been issued yet in Idaho Power's rate case but due Avimor's desire to resolve
its appeal it entered into the Stipulation with the other paries and presented the proposal
to the Commission. At that time it was uncertain when a final order would be issued in
Idaho Power's rate case and thus Avimor thought it prudent for all paries involved to
attempt to resolve this instant litigation in the interim.
Avimor respectfuly asserts that the Commission's Order No. 30510 is
uneasoiiableand that the $1,100.00 refund amount can be fuher verified to the,
Commission's satisfaction so that the Stipulation can be approved.
REQUEST FOR RELIEF
Based on the foregoing, A vimor respectfully requests that its Petition for to Alter
and Amend and Petition for reconsideration be granted for the purpose of reopening the
record to enter evidence into the record to further demonstrate that the Stipulation as
proposed is a just and reasonable resolution in this case. Evidence that was not
confied by Commission order in the most recent Idaho Power rate case until after the
Stipulation was filed.
DATED This 21 day of March, 2008
AVIMOR, LLC PETITION TO ALTER AN AMEND AND OR PETITION FOR
RECONSIDERATION OF COMMISSION FINAL ORDER NO. 30510.
FISHER PUSCH & ALDERM LLP
tI -!Hamond, Jr.
eys for Avimor, LLC
AVIMOR, LLC PETITION TO ALTER AN AMEND AND OR PETITION FOR
RECONSIDERATION OF COMMISSION FINAL ORDER NO. 30510.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY That on this 21st day of March, 2008, I 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
jiewel(Çuc.state.id.us
( 1
( )
(xl
( 1
Monica B. Moen
IDAHO POWER COMPANY
P. O. Box 70
Boise, Idaho 83707-0070
mmoenVAidahopower.com
( 1
(xl
( 1
( 1
Weldon Stutzman
IDAHO PUBLIC UTILITIES COMMISSION
472W. Washington Street
P. O. Box 83720
Boise, Idaho 83702-5983
Weldon.stutzmanVApuc.idaho.gov
( )
( 1
(xl
( 1
Certfied Mail
First Class Mail
Hand Deliver
Facsimile
Certified Mail
First Class Mail
Hand Deliver
Facsimile
Certfied Mail
First Class Mail
Hand Delivery
Facsimile
~
AVIMOR, LLC PETITION TO ALTER AN AMEND AND OR PETITION FOR
RECONSIDERATION OF COMMISSION FINAL ORDER NO. 30510.
-/