20100526Contingent Motion to Dismiss.pdf

McDevitt & Miller LLP
Lawyers
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[phone]
[phone] (Fax)
420 W. Bannock Street
P.O. Box 2564-83701 10m t\~l 26 PM 2= 35
Boise, Idaho 83702
May 26, 2010
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Chas. F. McDevitt
Dean J. (Joe) Miler
Via Hand Delivery
Jean Jewell, Secretar
Idao Public Utities Commssion
472 W. Washigton St.
Boise, Idaho 83720
ÎiPC-E -10-13
RE: The New Energy Company LLC and Westem States Equipment Company v.
Idaho Power Company
Dear Ms. Jewell:
Enclosed for fig, please fid an orial and seven (1) copies of a Contigent Motion to Dismiss
regadig the above entided matter. .
Kidly retu fie stamped copies to me.
Very try yours,
McDEVIT & MIll LL
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Dean J. Mier
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Enclosures
ORIGINAL
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Dean 1. Miler (ISB No. 1968)
Chas. F. McDevitt (ISB No. 835)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. Box 2564-83701
Boise, ID 83702
Tel: [phone]
Fax: [phone]
joeiimcdevitt ~miler.com
chasiimcdevitt-miler.com
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Attorneys for The New Energy Company LLC
and Western States Equipment Company, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
THE NEW ENERGY COMPANY LLC,
An Idaho Limited Liabilty Company, and
WESTERN STATES EQUIPMENT
COMPANY, INC.,
An Idaho Corporation,
Case No. IPC-E-IO-13
CONTINGENT MOTION TO
DISMISS
Complainants
v.
IDAHO POWER COMPANY,
A Regulated Public Utilty,
Res ondent.
COME NOW the Complainants, by and through theirattomey of record, and, subject to a
contingency, move the Commission, pursuat to IPUCRP 56, for an Order dismissing ths matter,
and in support therefore, respectfully show as follows, to wit:
i.
Subsequent to the filing of the Complaint herein, Complainants and representatives of
Idaho Power Company entered into good faith settlement discussions as a result of which Idao
CONTINGENT MOTION TO DISMISS-l
Power Company has executed Firm Energy Sales Agreements with respect to the projects which
are the subject of the Complaint. Those agreements contan published avoided cost rates in effect
prior to March 16, 2010.
II.
Idaho Power Company has fied with the Commission three Applications for approval of
the Fir Energy Sales Agreements, Case Nos. IPC-E-10-16 (Rock Creek), IPC-E~1O-17 (Swager
Fars) and IPC-E-1O-18 (Double B).
III.
Complainants support the Applications and urge the Commission to approve them. Ths
Motion to Dismiss is contingent upon Commssion approval of the Applications without change.
IV.
If, afer due consideration, the Commission enters Orders approving the Applications,
Complainants respectfully request that at the same time the Commission enter its Order
dismissing this matter.
WHREFORE, subject to the contigency identified herein, Complainants respectfully
move the Commission for an Order dismissing ths matter.
DATED ths ~day of May, 2010
THE NEW ENERGY COMPANY LLC.
WESTERN STATES EQtJJPMENT COMPANY, INC.
By:~\!lL ,
Dean J. Milrer
Attorney for The New Energy Company LLC
and Western States Equipment Company, Inc.
CONTINGENT MOTION TO DISMISS-2
CERTIFICATE OF SERVICE
I heteby certify that on the dly of May, 2010, I caused to be served, via the
methodes) indicated below, tre and corrct copies of the foregoing document, upon:
Jean Jewell, Secretar
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise, ID83 720-0074
jj ewelliipuc. state.id. us
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
Donovan Walker, Esq.
Idao P.ower
P.O. Box 70
Boise, ID 83702
dwalkeriiidaopower.coni
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
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BY:~~\L
McDEVITT & MILLER . LP
CONTINGENT MOTION TO DISMISS-3