20081124Joint Motion.pdf

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Bruce C. Jones, ISB #3177
JONES & SWARTZ PLLC
1673 W. Shoreline Drive, Suite 200 (83702)
Post Office Box 7808
Boise, Idaho 83707-7808
Telephone: [phone]
Facsimile: [phone]
E-mail: bruce~jonesandswarzlaw.com
RECE\VEO
1008 NOV 24 PH \2= 30
U-L'C.10 P 'b. .
UTiLI" S COMMISSION
Attorneys for Idaho Power Company
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
IDAHO POWER COMPANY,
Case No. IPC-E-08-20
Complainant,
vs.
JOINT MOTION FOR APPROVAL OF
STIPULATION REGARING
BRIEFING SCHEDULE FOR
GLENNS FERRY COGENERATION'S
MOTION TO DISMISS FOR LACK OF
SUBJECT MATTER JURISDICTION
AND STAY ON IDAHO POWER'S
DISCOVERY REQUESTS
GLENNS FERRY COGENERATION
PARTNERS, LTD., a Colorado Limited
Parnership,
Respondent.
COME NOW Idaho Power Company ("Idaho Power") and Glenns Ferr Cogeneration
Parners, Ltd. ("Glenns Ferry Cogeneration"), by and through their respective counsel of record,
and, pursuat to this Commission's Rule of Procedure 56, submit this stipulation and jointly
move the Idaho Public Utilities Commission for entry of an appropriate order setting the briefing
schedule for Glenns Ferr Cogeneration's Motion to Dismiss for Lack of Subject Matter
Jurisdiction; and an appropriate order providing that Glenns Ferry Cogeneration shall not have to
respond to outstanding discovery until and unless the Motion to Dismiss is denied.
STIPULATION REGARDING BRIEFING SCHEDULE FOR GLENNS FERRY COGENERATION'S
MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND
STAY ON IDAHO POWER'S DISCOVERY REQUESTS - 1
1. The paries have agreed upon the following briefing schedule for Glenns Ferr
Cogeneration's Motion to Dismiss:
Idaho Power shall file its Response Brief to Glenns Ferry
Cogeneration's Motion to Dismiss on or before January 12,2009.
Glenns Ferr Cogeneration shall file its Reply Brief to Idaho
Power's Response on or before January 26,2009.
2. On or about October 13, 2008, Idaho Power served upon Glenns Ferr
Cogeneration and filed with the Commission its pleading entitled Idaho Power Company's
Petition for Declaratory Order and Formal Complaint for Breach of Contract. On or about
November 10, 2008, Glenns Ferry Cogeneration served and fied it response entitled Glenns
Ferry Cogeneration Parners, Ltd.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction.
Idaho Power has advised Glenns Ferry Cogeneration of its intent to fie a Response Brief
respective to the Motion to Dismiss.
3. In view of the complex nature of the allegations and law applicable to Glenns
Ferry Cogeneration's claims, the paries have agreed to the above requested briefing schedule.
4. On or about October 22,2008, Idaho Power propounded Idaho Power Company's
First Set of Interrogatories to Glenns Ferr Cogeneration Parers, Ltd., and Idaho Power
Company's First Request for Production of Documents to Glenns Ferr Cogeneration Parners,
Ltd. On or about November 14, 2008, Glenns Ferr Cogeneration fied its Motion to Stay
Discovery.
5. In view of the nature of Glenns Ferry Cogeneration's Motion to Dismiss, the
paries hereby stipulate that Glenns Ferry Cogeneration's response or objection to Idaho Power's
discovery requests wil not be due until after the Idaho Public Utilities Commission issues its
decision on Glenns Ferry Cogeneration's Motion to Dismiss for Lack of Subject Matter
STIPULATION REGARDING BRIEFING SCHEDULE FOR GLENNS FERRY COGENERATION'S
MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND
STAY ON IDAHO POWER'S DISCOVERY REQUESTS - 2
Jurisdiction. The time for such discovery response or objection will be tolled pending the Idaho
Public Utilities Commission's decision on Glenns Ferr Cogeneration's Motion to Dismiss.
DATED this Zq.f day of November, 2008.
JONES & SWARTZ PLLC
B~
~BRUCE C. JONES
Counsel for Idaho Power Company
DATED this ~day of November, 2008.
RICHARDSON & O'LEARY PLLC
B
Glenns
Ferry
STIPULATION REGARDING BRIEFING SCHEDULE FOR GLENNS FERRY COGENERATION'S
MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND
STAY ON IDAHO POWER'S DISCOVERY REQUESTS - 3