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Home My WebLink About20090227Motion to Extend Comment Period.pdf.. Michael C. Creamer, ISB #4030 Conley E. War, ISB # 1683 GIVENS PURSLEY LLP 601 W. Banock St. Post Off.ce Box 2720 Boise, Idaho 83701-2720 Telephone: 208-388-1200 Facsimile: 208-388-1300 S:ICLII04951 IIB Motin 10 Exen Co Dee.DO RECE! n 2009 FEB 27 PH a: 4 i Attorney for Interenors The Building Contrctors Association of Southwester Idaho BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPAN FOR AUTHORITY TO MODIF ITS RULE H LIN EXTENSION TARIFF RELATED TO NEW SERVICE ATTACHMENTS AN DISTRBUTION LIN INSTALATIONS. CASE NO. IP-E-08-22 BIDLDING CONTRACTORS ASSOCIATION OF SOUTHWESTERN IDAHO'S MOTION TO EXTEND COMMENT PERIOD COMES NOW Interenr The Building Contractors Association of Southwester Idao ("Building Contrctors"), by and though its attorneys of record, Given Pusley LLP, and hereby requests that the Commission grant an extenion until Fnday, Apn117, 2009 for pares to file wntten comments in supprt of or opposition to Idaho Power's propose Rule H Line Extension Tarffrevisions. The grounds for ths request are stated below. On Janua 21,2009, the Commssion issued Order No. 30719 ("Order") concludig that this matter is to procee under the Modified Procedures of the Commission's Rules of Procedure, and among other thngs, direcng tht the pares comply with the case schedules set out in the Order. The Order established March 20, 2009 as the deadline for interested pens BUIING CONTRACTORS ASSOCIATION OF SOUTSTERN IDAHO'S MOTION TO EXTEND COMMT PERIOD - Page 1 and pares to file wnrten comments. Because of the complexity of the case, the numbe of pares involved and natue ofthe interests, the Commission also suspeded the effecve date of Idaho Power Company's requested Rule H Tarff changes "for a peod of sixty days, or until such tie as the Commission enter an Order acceptig, rejecng or modifyng the request. . . ." Order at 3-4. Because of the aditted complexity and natue of the issues involved in ths case and its need to fuly discer and analyze the relevant fact, Building Contractors believe the comment deadine should be extended to pet ongoing discover to be completed and for the paries to thoroughy analyze the information produce so that it may be incorporated into fully-develope and usefu comments for the Commssion's considertion. Building Contractors have retained Dr. Richard Slaughter to assist it in preparng comments. Dr. Slaughter was an exper witness for Building Contractors in Idaho Power's previous Rule H Tarff proceeding in 1995-96. (IPC~ E-95-18). That proceing was hotly contesed and lengty, and was equaly as complex as the instat cas. In addition to reviewng Idaho Power's peding application and supportng testimony and paper, Dr. Slaughter has appropnately reviewed the pleadings, testiony, exhbits and bnefig frm IPC-E-95-18 (which had to be reteved from the State Archives) to refresh his recollection of the issues, and to obtan the background information necessa to his analysis of ths case. With this background in hand, and the information available fr what as yet are incomplete Idaho Power responses to Staff production requests, on Februar 27,200, Building Contractors sered its own limted producton requests on Idao Power. Building Contrctors also is aware that on Febr 26, 200, Commission Staff sered additional producton requests BUIING CONTRCTORS ASSOCIATION OF SOUTHWSTERN IDAHO'S MOTON TO EXTEN COMMENT PERIOD - Page 2 on Idaho Power. By pnor agreeent of the pares (as approved by Order 30719), they are to provide resonses to discover as soon as possible, but no later than twenty-one days frm the date of a discover request. Because of the existing discover resnse and comment deadlines, and even assung Idaho Power uses its best efforts to resnd as quickly as possible,l it is quite conceivable that responses to Building Contactor's and Staffs discover requests may not be received until the eve of the comment deadline, which wil prclude the opportty to meanngflly analyze and incorprate any information prodce into comments by March 20th. Buildig Contrctors are requestig only a limited extension of the comment deadline, and it is not awar of any reason why the requested additional time should be considered uneaonable under the circustances or would prejudice Idaho Power or other pares. Indeed, given the cuent economic conditions, it is not apparent that Idaho Power will receive the level requests to extend serce in the coming sumer month that it has in pnor yea in any event. Any alleged advere impact of line extensions on ratepayers under the curent tarff would seem to be nominal for the near ter--ery no more than it has been for the past thirtee year. Counsel for Building Contrctors has attempted to speak with counel repentig each of the other pares in ths prceeing and undertands that the City of Nama, the Highway Distncts and Staff would not oppose Building Contractor's motion, but that Idaho Power desires that the existing schedule be maintaned. Building Contrctors was not able to spe with counsel for Kroger, Co. i Buildig Contrctors have no reasn to believe Ida Power will not expete its respnss. Neverteless, accordi to Idao Powe's reonss thus far to Commssion Staff prodction reests, some of the requested inormtion and data tht would be helpfu in clealy undig its actu cost to see new customers, th soure of those costs and their impacts on Idao Power's ratepayer is not rey extrctable given the way such inormtion ha ben compiled and maintained by Idao Power heretofore. BUIING CONTRCTORS ASSOIATION OF SOUTSTERN IDAHO'S MOTION TO EXTEND COMMT PERIOD - Page 3 For the foregoing reaons, Building Contrctors resectfuly reuest that the Commission extend the comment deadline in ths proceeing until Fnday, Apn117, 2009. () ~ DATED ths d= Î day of Febr, 2009. GIVENS PURSLEY, LLP ~ ichael C. Creaer Attorneys for Interenor The Building Contractors Association of Southwester Idao BUIING CONTCTORS ASSOCIATION OF SOUTHWESTERN IDAHO'S MOTION TO EXTEND COMMENT PERIOD - Page 4 CERTIFICATE OF SERVICE I hereby cerify that on the 2 ~; of Februar, 2009, a tre and correct copy of the foregoing was sered upon the following individual(s) by the mean indicated: Lisa D. Nordstrom Baron L. Kline Idaho Power Company POBox 70 Boise, il 83707-0070 Inordstrom(iidahopower.com bkline(iidahopower.com Scott Sparks Gregory W. Said Idaho Power Company POBox 70 Boise, il 83707-0070 ssparks(iidahopower.com gsaid(iidahopower.com Krstine A. Sasser Deputy Attorney General Idaho Public Utilties Commission 472 W. Washington POBox 83720 Boise, ID 83720-0074 kns.sasser(iuc.idaho. gov Mattew A. Johnson Davis F . VanderVelde Whte, Petern, Gigray, Rossman, Nye & Nichols, P .A. 5700 E. Frain Rd., Ste. 200 Nampa, il 83687 mjohnn(iwhitepetern.com dvanderelde(whitepeteron.com Attorneys for ThJ City of Nampa and The Association of Canyon County Highway Districts U.S. Mail, postage prepaid Express Mail Hand Deliver Facsimile Electronic Mail U.S. Mail, postage prepaid Express Mail Hand Deliver Facsimile Electronic Mail U.S. Mail, postage prepaid Expres Mail Hand Deliver Facsimile Electronic Mail U.S. Mail, postage prepaid Express Mail Hand Deliver Facsimile Electronic Mail BUIING CONTRACTORS ASSOCIATION OF SOUTSTER IDAHO'S MOTION TO EXTEND COMMENT PERIOD.. Page 5 . . "~ Michael Kurz Kur J. Boehm Boehm, Kur & Lowr 36 E. Seventh St., Ste. 1510 Cincinnati,OH 45202 mk(BKLlawfirm.com Kboehm(fBKLlawfirm.com Attorneys for The Kroeger Co. Kevin Higgs Energy Strategies, LLC Parkside Tower 215 S. State St., Ste. 200 Salt Lake City, UT 84111 kh ggins(fgenergystrat. com Representing The Kroeger Co. Jean D. Jewell, Secretar Idaho Public Utilties Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 U.S. Mail, postage prepaid Express Mail Hand Deliver Facsimile Electronic Mail U.S. Mail, postage prepaid Express Mail Hand Deliver Facsimile Electronic Mail U.S. Mail, postage prepaid Express Mail Hand Deliver Facsimile Electronic Mail BUILDING CONTRACTORS ASSOCIATION OF SOUTHWSTERN IDAHO'S MOTION TO EXTEND COMMENT PERIOD - Page 6