20110107Motion to File Response.pdf

Æ5IDA~POR~
LISA D. NORDSTROM
Lead Counsel
Inordstroml.idahopower.com
An IDACORP Company
January 6, 2011
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. IPC-E-10-25
IN THE MATTER OF THE APPLICA TlON OF IDAHO POWER COMPANY
FOR ACCEPTANCE OF ITS 2011 RETIREMENT BENEFITS PACKAGE
Dear Ms. Jewell:
Enclosed for filng please find an original and seven (7) copies each of Idaho Power
Company's Motion to File Response to Sur-Reply Comments and Response to Sur-Reply
Comments of the Industrial Customers of Idaho Power in the above matter.
Very truly yours,
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Lisa D. Nordstrom
LDN:csb
Enclosures
1221 W. Idaho St. (83702)
P.O. Box 70
Boise, ID 83707
LISA D. NORDSTROM (ISB No. 5733)
DONOVAN E. WALKER (ISB No. 5921)
Idaho Power Company
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
Inordstrom(âidahopower.com
dwalker(âidahopower.com
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Attorneys for Idaho Power Company
Street Address for Express Mail:
1221 West Idaho Street
Boise, Idaho 83702
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
ACCEPTANCE OF ITS 2011
RETIREMENT BENEFITS PACKAGE.
)
) CASE NO. IPC-E-10-25
)
) IDAHO POWER COMPANY'S
) MOTION TO FILE RESPONSE TO
) SUR-REPLY COMMENTS
)
COMES NOW, Idaho Power Company ("Idaho Powet' or "Company") and,
pursuant to the Idaho Public Utilties Commission ("Commission") Rule of Procedure 56
(IDAPA 31.01.01.56), hereby moves the Commission for leave to file a Response to
Sur-Reply Comments filed by the Industrial Customers of Idaho Power ("ICIP") on
December 30, 2010, in this case ("Response"). Idaho Power makes this request based
on the following:
1. Idaho Power filed its Application in this docket on October 1, 2010,
and requested the Commission "issue its order accepting Idaho Powets 2011
Retirement Benefits Package on or before February 28, 2011, to allow suffcient time to
IDAHO POWER COMPANYS MOTION TO FILE RESPONSE TO SUR-REPLY COMMENTS - 1
prepare and process a pension funding docket prior to June 1, 2011." Application at
1f15.
2. The Commission's Notice of Application and Notice of Modified
Procedure (Order No. 32092) set a Comment deadline of December 14, 2010, and a
Reply Comment deadline of December 28, 2010. Commission Order No. 32092 did not
address the timing or need for additional filings.
3. On December 30, 2010, the ICIP filed a Motion for Leave to File
Sur-Reply Comments that accompanied its Motion.
4. Permitting the filng of the Company's Response to ICIP's Sur-
Reply Comments wil not prejudice the rights of any party because Idaho Power has
limited its Response to address only the three arguments raised in ICIP's Sur-Reply
Comments. Moreover, this Response wil not cause undue delay to this proceeding
because adequate time remains for the Commission to consider this Response prior to
the February 28, 2011, date by which a Commission decision has been requested.
5. Permitting the filng of the Company's Response to ICIP's Sur-
Reply Comments is consistent with notions of due process requiring that the party with
the burden of proof has an opportunity to respond to arguments raised against it.
Based on the foregoing, Idaho Power requests that the Commission grant its
Motion to File Response to Sur-Reply Comments in this docket and consider the
Company's Response that accompanies this Motion.
DATED at Boise, Idaho, this 6th day of January 2011.
ROM
Power Company
IDAHO POWER COMPANY'S MOTION TO FILE RESPONSE TO SUR-REPLY COMMENTS - 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 6th day of January 2011 I served a true and
correct copy of IDAHO POWER COMPANY'S MOTION TO FILE RESPONSE TO SUR-
REPLY COMMENTS upon the following named parties by the method indicated below,
and addressed to the following:
Commission Staff
Weldon B. Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington
P.O. Box 83720
Boise, Idaho 83720-0074
-l Hand Delivered
U.S. Mail
_ Overnight Mail
FAX
-l Email Weldon.Stutzman((puc.idaho.gov
Industrial Customers of Idaho Power
Peter J. Richardson
Gregory M. Adams
RICHARDSON & O'LEARY, PLLC
515 North 27th Street
P.O. Box 7218
Boise, Idaho 83702
Hand Delivered
-l U.S. Mail
_ Overnight Mail
FAX
-l Email peter((richardsonandolearv.com
greg((richardsonandolearv.com
Dr. Don Reading
Ben Johnson Associates
6070 Hil Road
Boise, Idaho 83703
Hand Delivered
-l U.S. Mail
_ Overnight Mail
FAX
-l Email dreading((mindspring.com
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Lisa D. Nordstr1
IDAHO POWER COMPANYS MOTION TO FILE RESPONSE TO SUR-REPLY COMMENTS - 3