20111021Memorandum Case Closed.pdf

MEMORANDUM
TO: FILE
FROM: KRSTINE SASSER
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 21, 2011
SUBJECT: COMPLAINT OF IDAHO POWER COMPANY v. GLENNS FERRY
COGEN, CASE NO. IPC-E-08-20
On October 16, 2008, Idaho Power fied a Petition for Declaratory Order and Formal
Complaint for Breach of Contract against Glenns Ferr Cogeneration Parners, LTD (Glenns
Ferr Cogen). 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. On November 10,
2008, Glenns Ferr fied a Motion to Dismiss for Lack of Subject Matter Jurisdiction. An oral
argument was held on March 3, 2009, on the limited issue of subject matter jurisdiction.
On August 16, 2011, Idaho Power fied a Motion to Dismiss without prejudice. On
August 30, 2011, Glenns Ferry Cogen fied an objection to Idaho Power's Motion to Dismiss and
asked that Idaho Power's complaint be dismissed for lack of subject matter jurisdiction. On
October 6, 2011, pursuant to IPUC Rule of Procedure 68, Idaho Power fied a Notice of
Withdrawal of Pleading. IDAPA 31.01.01.068. Rule 68 states that "(u)nless otherwise ordered
by the Commission, the notice is effective fourteen (14) days after filing." Consequently, this
case should now be closed.
~P)~AÅ
Kristìne Sasser
Deputy Attorney General
M:IPC-E-08-20_ks2_Close File
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