20081126order_no_30688.pdf

Office of the Secretary
Service Date
November 26, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IDAHO POWER COMPANY,
vs.
) CASE NO. IPC-08-
ORDER NO. 30688
COMPLAINANT
GLENNS FERRY COGENERATION
PARTNERS, LTD., a Colorado Limited
Partnership,
RESPONDENT.
On October 16 2008 , Idaho Power filed a Petition for Declaratory Order and Formal
Complaint for Breach of Contract against Glenns Ferry Cogeneration Partners, L TD (Glenns
Ferry). A summons was issued by the Commission on October 21 2008 , notifying Glenns Ferry
that it had 21 days to respond to Idaho Power s complaint. Idaho Power immediately began
filing discovery requests. On November 10, 2008, Glenns Ferry filed with the Commission a
Motion to Dismiss for Lack of Subject Matter Jurisdiction. Subsequently, on November 14
2008 , Glenns Ferry filed a Motion to Stay Discovery.
On November 24, 2008, the parties filed a joint motion regarding scheduling and
discovery. The parties submit that: (1) the complex nature of the allegations and law of Glenns
Ferry s claims warrant additional time for briefing; and (2) in consideration of Glenns Ferry
Motion to Dismiss, responses to discovery should be stayed until the Commission has ruled on
the issue of jurisdiction.
The parties proposed the following briefing schedule:
Idaho Power response to Glenns Ferry
Motion to Dismiss January 12, 2009
Glenns Ferry reply to Idaho Power s response January 26 2009
ORDER NO. 30688
ORDER
IT IS HEREBY ORDERED, with good cause showing, that the schedule for the
processing of Idaho Power s complaint be modified as set out above.
IT IS FURTHER ORDERED that answers by Glenns Ferry to discovery requests
made by Idaho Power be stayed until such time as the Commission rules on Glenns Ferry
Motion to Dismiss for Lack of Subject Matter Jurisdiction.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;J./, +J.
day of November 2008.
RSHA H. SMITH, COMMISSIONER
JJ.JI . KEMPTON, CO ISSIONER
ATTEST:
O:IPC-08-
ORDER NO. 30688