20081224Petition to Intervene.pdf

,
RECEIVED
20090E.C 24 AM' 1: 02
Matthew A. Johnson, ISB #7789
Davis F . VanderVelde, ISB #7314
WHITE PETERSON GIGRA Y ROSSMA NYE & NICHOLS, P.A.
5700 East Franin Road, Suite 200
Nmnp~ Idao 83687
Offce: [phone]
Fax: [phone]
mjohnson~whitepeteron.com
dvandervelde~whitepeterson.com
Attorneys for Intervenor: Association of Canyon County Highway Distrcts
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
IN TH MATTR OF THE APPLICATION OF )
IDAHO POWER COMPANY FOR AUTHORITY )
TO MODIFY ITS RULE H LINE EXTNSION )
TARF RELATED TO NEW SERVICE )
ATTACHMNTS AN DISTRUTON LIN )INSTALLATIONS )
)
)
CASE NO. IPC-E-08-22
PETITION FOR LEAVE TO
INRVENE OF THE
ASSOCIATION OF CANON
COUNYIDGHWAY
DISTRICTS
NAMA HIGHWAY DISTRCT NO.1, NOTUS-PAR HIGHWAY DISTRCT NO.2, GOLDEN
GATE HIGHWAY DISTRCT No. 3, and CANON HIGHWAY DISTRCT No. 4, hereby jointly petition
to intervene as The ASSOCIATION OF CANYON COUN HIGHWAY DISTRCTS (ACCHD), an
inormal association, in the above-captioned mar pursuat to the Idao Pulic Utilities
Commssion Rules of Procedur (IDAPA 31.91.01.000 et seq and the Commssion's November
26, 2008 Notice of Application and Notice of Intervention Deadline. ACCHD requests
consideration and grting of ths petition despite untiely filig puruat to IPUCRP 73. The
PETIION TO INTERVENE - I
ACCHD was not fuly aware of its options on ths matter and was unable to tae action until a
reguarly scheduled meeting on December 17, 2008, which was after the intervention filing
deadline. The ACCHD does not believe that any par will be prejudiced by its late fiing and the
ACCHD's involvement will not unduly broaden the issues. Additionally at ths time ths matter
is stil in the early staes and no Notice of Pares has yet been sent out, so allowig ACCHD to
petition out-of-time will not signficantly disrupt proceedings.
I. In support of this Petition, the ACCHD alleges as follows:
1. The Assocation of Canyon County Highway Distrcts was formed in 1981 as an
inormal association for Nmnpa Highway Distct No.1, Notu-Para Highway Distct No.2,
Golden Gate Highway Distrct No.3, and Canyon Highway Distrct NO.3 to sha stadads,
ideas, and inormation related to their jursdictions with Canyon County. Each of these
highway distrcts is duly organze as a boy politic and corpra under Idaho Code Title 40,
Chapter 13.
2. The highway distcts each own govern and control public roadways and nght-of-
ways with their respetive distrct limts. Under Chapter 13 of Title 40 of the Idaho Code, the
highway distrcts are each empowered to supervise, regulate, create, widen, improve, and
otherwse control and direct such public roadways.
3. The ACCHD ha a direct and substatial interest in the above captioned mar. The
highway distcts' responsibilities for their respetive roadways include maitenance and
impvements th require relocation of Idao Power facilties so th such facilties do not
interfere with trsporttion, public use, and public safety. Idaho Power's Application seeks to
change the relocation rues so th the costs of such relocation would be borne by the highway
distncts and local improvement distrcts organzed by the highway distncts. The ACCHD is
PETITION TO INTERVE - 2
substatially interested in makg sure that relocation cost are not unaily imposed on the
highway distncts. The ACCHD also ha an mt;rest in makng sure that such rue chages do not
contravene Idao sttutes and case law.
4. Intervention by the ACCHD will not unduly broaden the issues in ths maer. The
highway distrcts' concern relate pnmanly to the proposed changes regardig the definition of
thd-par beneficianes, the tratment of local improvement distncts, and allocation of
relocation costs. The ACCHD does not seek to intruce additional issues or matters beyond
those aleady included in the propose rue chage.
5. Intervention by the ACCHD is in the public interest. The ACCHD highway distncts
are responsible for and govern all public nght-of-ways with Canyon County, excet those
with muncipalities. The highway distrcts have comments and conces related to the public
interest in trffc safety, public nght-of-ways, and public roadways.
6. Intervention by the ACCHD will not cause delay or prejudice to the pares in the
above-captioned matt. The ACCHD understad tht ths petition was not tiely with the
fouren (14) days requiement of the servce date of PUC Order No. 30687. However the
foureen (14) days timeline was quite short for the highway distcts to mae a cooperaive effort
on ths matter. The effciency in both tie and costs gaied by a joint petition and cooperative
effort will improve the futu proceedings. Additionaly there have not yet been fuer
procedings on ths mattr, so the ACCHD petition will not unduly interfere with proceedings in
progrss.
7. Intervention by the ACCHD is appropnate to allow the highway distncts to
appropnately express cert conce, objections, and protests in relation to the Application in
ths matter.
PETITION TO INRVENE - 3
t if;
8. The highway distncts wish to maita goo relations with Idao Power and believe
that status for the ACCHD as an intervenor will allow for clearer communcations about
concern and issues.
Dated this 2.Lf day of December, 2008.
WHTE PETERSON GIGRA Y ROSSMA
NY & NICHOLS, P.A.BY~
Matthew A. Johnon
Attorneys for the ACCHD
PETITION TO INTERVENE - 4
I '
CERTIFICATE OF SERVICE
I, the undersigned, hereby certfy that on the 24th day of December, 2008, a tre and
corrct copy of the above and foregoing instent was served upon the followig by the
method indicate below:
Nmnpa Highway Distnct No. 1
P.O. Box 76
Nmnp~ ID 83653
Notus-Par Highway Distnct No.2
POBox 719
Para ID 83660
Golden Gate Highway Distnct No.3
POBox 38
Wilder ID 83676
Canyon Highway Distnct NO.4
15435 Hwy44
Caldwell ID 83607
Lisa D. Nordstrom
Baron L. Kline
IDAHO POWER COMPAN
P.O.Box70
Boise, ID 83707
Michael L. Kur, Esq.
Kur J. Boehm, Esq.
BOEHM, JUTZ & LOWRY
36 Ea Seventh Street, Suite 1510
Cincinti OH 45202
Jason S. Risch
Jeremy P. Pisca
Risch Pisc~ PLLC
Law and Policy
407 West Jeffersn Stret
Boise il 83702
PETITION TO INRVENE - 5
X U.S. Mail
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Hand Delivery
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Facsimle:
l -J
Scott Sparks
Gregory W. Said
Idaho Power Company
1221 W. Idao Street
Boise ID 83702
~ U.S. Mail
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Facsimile:
Jean D. Jewell, Secreta
Idaho Public Utilties Commssion
POBox 83720
472 W. Washion Street
Boise ID 83720-0074
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Facsimile:
~'T~
Donn MacLean
for WHITE PETERSON GIGRAY ROSSMAN NYE & NICHOLS, P.A.
PETIION TO INRVENE - 6