20090723Petition for Reconsideration.pdf

WHITE PETERSON
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WM. F. GIGRAY, II
MATI A JOHNON
WIL F. NICHOLS *
CHTOPH S, NYE
ATTORNYS AT LAW
itm9 JUl 23 l\M 8: 08WII PETERSN, GIGRAY, ROSSM, NYE & NiCHOLS P.A _ PHIP A. PEON
CANON PAR AT TH IDAHO CE 10. AHO PU\3UG l"¡¡,TODDA.ROSSM
5700E. FRRD., SUI 200 . 'f\Ce COMMISS,l;I"tAVIF.VANERVELDE**
NAMA, IDAHO 83687-7901 UT\U. L.v. lECER WHI ***TE [phone] * Also ad in ORFAX (208) 466-405 ** Alo aded in NYEMA: m;ohnson(jhitepeterson.com *** Al adtt in WA
July 22, 2009
IDAHO PUBLIC UTILITIES COMMSSION
P. O. Box 83720
Boise, ID 83720-0074
RE: Case No. IPC-E-08-22:
In the Matter of the Applicatn of Idaho Power Company for Authority to
Modif it Rule H Line Exension Tarif Related to New Service Attachments
and Distributon Line Installations
Intervenors: (1) Association of Canyon County Highway Districts; and
(2) City of Nampa
Dear Commssion:
Enclosures:
1. (onginal + 7 copies) Petitionfor Reconsideration - by Intervenor City of
Nampa; and
2. (ongial + 7 copies) Petitionfor Reconsideration - by Intervenor Association
of Canyon County Highway Distncts; and
Enclosed for filing with the IPUC, please fid two separte Petitions for Reconsideration
in connection with the above referenced matter.
Please contat ths offce if you have any questions. Th you.
Sincerely,
iLTE~
LeAn Hembree
Legal Assistant to Matthew A. Johnson
Encls.
Cc: counsel of record
Clients
WIWorltampalIda Power - Ru H chage \Ltter to /puc refiling Petfor Reconsidration 07-22-091h.do
RECEI\/ED
Davis F. VanderVelde
Matthew A. Johnson
WHITE PETERSON GIGRA Y ROSSMAN
NYE & NICHOLS, P.A.
5700 East Franlin Road, Suite 200
Nampa, Idaho 83687
Telephone: [phone]
Facsimile: [phone]
ISB Nos.: 7314, 7789
dvandervelder&whitepeterson. com
mjohnsonr&whitepeterson. com
i009 JUL 23 AM 8: 08
IDAHO PUBLIC
UTILITIES COMMiSSION
Attorneys for Intervenor
City of Nampa
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORITY TO MODIFY ITS RULE H
LINE EXTENSION TARIFF RELATED TO
NEW SERVICE ATTACHMENTS AND
DISTRIBUTION LINE INSTALLA nONS
)
)
)
)
)
)
)
PETITION FOR
RECONSIDERATION
CASE NO. IPC-E-08-22
The CITY OF NAMPA ("Nampa") hereby petitions for reconsideration of Order No.
30853 in the above-captioned matter. Ths petition for reconsideration is brought pursuant to
Idaho Code § 61-626 and IPUCRP 331.
Following is an identification and sumar of the issues requested for reconsideration.
I. The Order is unlawful in that it exceeds the jurisdiction of the iPUC.
Under the Section 10 approach, as approved by the Order, the IPUC places itself in a
position of overseeing and adjudicating disputes as to the validity of relocation requests made by
PETITION FOR RECONSIDERATION - 1
ORIGINAL
a municipality. This will place the IPUC in the position of judging whether or not a request was
made due to a concern about incommoding the public use or whether there is a third pary that
directly benefits from the relocation request. Such a role is not within the jurisdiction of the
IPUC.
The Order also fails to address the constitutional concerns raised by commenters.
II. The Order fails to clarif and specify the definitions of third-part beneficiaries and
local improvement districts.
The Order provides no clarification on the definitions of thrd-pary beneficiaries or local
improvement districts as used in Section 10. Concern with these broad references was detailed
in the City of Nampa Comments. Without fuer specification in the Order, the IPUC seems to
be following the approach mentioned in Idaho Power Company's Reply Comments that these
can be determined on a case-by-case basis by the Commission in a quasi-judicial role. (ID
Power Co. comments, p. 22). Again this places the Commission in a role outside its jurisdiction
by leading it to re-examine and question relocation determinations by municipalities.
Additionally, the Order is uneasonably vague in its treatment of local improvement
districts. The Order directs Idaho Power to "clarify its use of the phrase 'local improvement
district' as it is used in Section 10," but then approves the application. So while both Idaho
Power and the IPUC recognize a problem with vague language, the Order approves the
application prior to any clarfication or opportunity for fuher comment on Idaho Power's "to be
delivered" definition of local improvement districts.
Nampa wil submit, withn twenty-one (21) days, a written brief presenting fuher legal
argument and evidence on the above issues. Nampa also requests an opportunity to present
fuher argument at a hearing on reconsideration, as no hearing was held under the modified
procedure in the initial deliberations on this matter.
PETITION FOR RECONSIDERATION - 2
. '
DATED ths 22nd day of July, 2009.
WHITE PETERSONBY:M~¥
Attorneys for the City of Nampa
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CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on the 22nd day of July, 2009, a true and correct
copy of the above and foregoing PETITION FOR RECONSIDERATION was served upon the
following by the method indicated below:
Lisa D. Nordstrom
Baron L. Kline
Scott Sparks
Gregory W. Said
IDAHO POWER COMPANY
P. O. Box 70
Boise, ID 83707-0700
Kristine A. Sasser
Deputy Attorney General
IDAHO PUBLIC UTILITIES
COMMISSION
472 W. Washington (83702)
P. O. Box 83720
Boise, ID 83720-0074
Michael C. Creamer
Given Pursley LLP
601 W. Banock St.
Boise,ID 83702
Attorneys for BUILDING
CONTRACTORS ASSOCIATION OF
SOUTHWESTERN IDAHO
PETITION FOR RECONSIDERATION - 3
-2 U.S. Mail
Overnight Mail
_ Hand Delivery
Facsimile:
X lnordstromtfidahopower.com
X bklinetfidahopower.com
X ssparkstfidahopower.com
X gsaidtfidahopower.com
-2 U.S. Mail
_ Overnight Mail
_ Hand Delivery
Facsimile:
X kns.sassertfpuc.idaho.gov
-2 U.S. Mail
_ Overnight Mail
_ Hand Delivery
Facsimile:
X mcctfgivenspursley.com
. . .~
Michael Kurz, Esq.
Kur J. Boehm, Esq.
Boehm, Kurz & Lowr
36 E. Seventh Street, Suite 1510
Cincinnati, OH 45202
for The Kroger Co.
~ U.S. Mail
_ Overnight Mail
Hand Delivery
Facsimile:
X mkurz(§BKLlawfrm.com
X kboehm(§BKLlawfrm.com
Kevin Higgins
Energy Strategies, LLC
Parkside Towers
215 S. State Street, Suite 200
Salt Lake City, UT 84111
for The Kroger Co.
~ U.S. Mail
_ Overnght Mail
Hand Delivery
Facsimile:
X khggins(§energystrat.com
.~
W:\WorkWWampalIdaho Power - Rule H changeWampa - ¡PC Rule H petitionfor reconsideration 07-22-091h.doc
PETITION FOR RECONSIDERATION - 4