20090212notice_of_oral_argument.pdf

Office ofthe Secretary
Service Date
February 12 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IDAHO POWER COMPANY
vs.
) CASE NO. IPC-08-
) NOTICE OF HEARING
) FOR ORAL ARGUMENT
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).
Idaho Power alleges that Glenns Ferry has permanently lost its host (Idaho Fresh-Pak) and Glenns
Ferry s delivery of energy has been permanently curtailed. On October 21 , 2008 , a summons was
issued by the Commission notifying Glenns Ferry that it had 21 days to respond to Idaho Power
complaint. On November 10 2008, Glenns Ferry filed with the Commission a Motion to Dismiss for
Lack of Subject Matter Jurisdiction.
On January 13, 2009, Idaho Power filed (1) a brief opposing Glenns Ferry s Motion to
Dismiss and (2) a Request for Oral Argument on the limited issue of whether the Commission has
subject matter jurisdiction over the complaint. Glenns Ferry did not oppose Idaho Power s motion
for Oral Argument.
We find that oral argument may be helpful in clarifying the issues that have been raised by
the parties in Glenns Ferry s Motion to Dismiss and responses thereto. Therefore, the Commission
grants Idaho Power s request for oral argument on the limited issue of subject matter jurisdiction.
NOTICE OF HEARING FOR ORAL ARGUMENT
YOU ARE HEREBY NOTIFIED that the Commission will convene a hearing for oral
argument in this case on TUESDAY. MARCH 3. 2009. AT 9:30 A.M. IN THE COMMISSION
HEARING ROOM. 472 WEST WASIDNGTON STREET. BOISE. IDAHO. The Commission
will hear oral argument on the limited issue of whether the Commission has subject matter
jurisdiction over Idaho Power s complaint.
NOTICE OF HEARING FOR
ORAL ARGUMENT
YOU ARE FURTHER NOTIFIED that all hearings will be conducted pursuant to the
Commission s Rules of Procedure. IDAPA 31.01.01.000 et seq.
YOU ARE FURTHER NOTIFIED that all hearings and oral arguments in this matter will
be held in facilities meeting the accessibility requirements of the Americans with Disabilities Act
(ADA). Persons needing the help of a sign language interpreter or other assistance in order to
participate in or to understand testimony and argument at a public hearing may ask the Commission
to provide a sign language interpreter or other assistance at the hearing. The request for assistance
must be received at least five (5) working days before the hearing by contacting the Commission
Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
Mail: secretary~puc.idaho.gov
DATED at Boise, Idaho this I;).
+it. day of February 2009.
J1~
MARSHA H. SMITH, COMMISSIONER
~Jf.
MPTON, C MISSIONER
ATTEST:
N:IPC-08-20 ks
NOTICE OF HEARING FOR
ORAL ARGUMENT