20101123Unopposed Contingent Motion to Dismiss.pdf

~r.(tli:rAJWATTORNEYS AT LAW
Tel: [phone] Fax: [phone]
P.O. Box 7218 Boise, ID 83707 - 515 N. 27th St. Boise, ID 83702
November 23,2010
Ms. Jean Jewell
Commission Secreta
Idaho Public Utilties Commission
472 W . Washington
Boise, ID 83702
RE: IPC-E-IO-ll
Dear Ms. Jewell:
i: Î".. r: nR_vi:
2BtlNOV 23 PM q~q9
We are enclosing for fiing in the above-referenced docket al original and three (3)
copies of the UNOPPOSED CONTINGENT MOTION TO DISMISS.
An additional copy is enclosed for you to stamp for our records.
cere~
o M. Adams
ardson & O'Leary PLLC
encL.
-C'-Ri: ...;L¡ '"
Peter J. Richardson
Gregory M. Adams
Richardson & O'Leary, PLLC
515 N. 27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
peteraMrichardsonandolear.com
gregaMrichardsonandoleary .com
'lB\ß NOV 23 PM 4: 49
Attorneys for Complainant AgPower Jerome, LLC
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
AGPOWER JEROME, LLC,
Complainant,
IDAHO POWER COMPANY,
Defendant.
)
) Case No. IPC-E-1O-11
)
)) UNOPPOSED CONTINGENT
MOTION TO DISMISS
)
)
)
vs.
AgPower Jerome LLC ("AgPower"), hereby respectfully moves to dismiss its
complaint with prejudice in the above-captioned proce~ding, contingent upon the Idaho
Public Utilties Commission's ("Commission's") approvalòfthe Firm Energy Sales
Agreement ("FE SA") submitted by Idaho Power Company ("Idaho Power" or the
"Company") in Case No. IPC-E-10-26.
A. N~TURE OF THE CASE
"
On April 9, 2010, AgPower fied a Complaint requesting that the Commission
direct Idaho Power to execute a power purchase agreement for AgPower's proposed
Double A Dairy Digester project containing the published avoided cost prices in effect
prior to issuance of Commission Order No. 31025. On May 6, 2010, Idaho Power filed
an Answer to the Complaint. Subsequently, the paries were able to resolve the issues set
forth in the Complaint and Answer and on October 13,2010, entered into a FESA for
AgPower's proposed project. On October 21,2010, Idaho Power submitted an
Application in Case No. IPC-E-1O-26, requesting Commission approval of the FESA
between AgPower and Idaho Power. The Commission issued its Notice of Application in
Case No. IPC-E-10-26 on November 16,2010. By agreement of the paries, AgPower
now submits this contingent motion to dismiss its Complaint.
B. REQUESTED RELIEF
Therefore, AgPower hereby moves the Commission to dismiss AgPower's
Complaint in this docket with prejudice, contingent upon the Commission's approval of
Idaho Power's application in Case No. IPC-E-1O-26. AgPower respectfully requests the
Commission issue such an order dismissing the Complaint after issuing an order
approving Idaho Power's application in Case No. IPC-E-10-26. Counsel for Staff and
Idaho Power have reviewed this Motion, and do not oppose it.
'JI'Y
Respectfully submitted this ~ day of November 2010.
RICHARDSON AND O'LEARL Y PLLC
petftdw~
Attorney for AgPower Jerome, LLC
ISB No: 3195
AGPOWER JEROME LLC'S
UNOPPOSED CONTINGENT MOTION TO DISMISS
PAGE 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 23rd day of November, 2010, a true and correct copy
of the within and foregoing UNOPPOSED CONTINGENT MOTION TO DISMISS, was
served in the maner shown to:
Ms. Jean Jewell
Commssion Secreta
Idao Public Utilities Commssion
POBox 83720
Boise, il 83720-0074
Jean.jewellaMuc.idao.gov
X Hand Delivery
_ U.S. Mail, postage pre-paid
Facsimile
.. Electronic Mail
Lisa D Nordstrom
Donovan E Walker
Idaho Power Company
PO Box 70
Boise, Idaho 83707-0070
InordstromaMidahopower.com
dwalkeraMidahopower.com
_ Hand Delivery
lL U.S. Mail, postage pre-paid
Facsimile
i Electronic Mail
Scott Woodbur
Idao Public Utilities Commssion
POBox83720
Boise, il 83720-0074
Scott. woodburaMuc.idaho.gov
_ Hand Delivery
lL U.S. Mail, postage pre-paid
Facsimile
i Electronic Mail
~
or M. Adams
rney for AgPower Jerome, LLC
AGPOWER JEROME LLC'S
UNOPPOSED CONTINGENT MOTION TO DISMISS
PAGE 3