20101230Motion to File Sur-reply Comments.pdf

_r.~~lUATTORNEYS AT LAW
Tel: [phone] Fax: [phone]
P.O. Box 7218 Boise, ID 83707 - 515 N. 27th St. Boise, ID 83702
December 30, 2010
Ms. Jean Jewell
Commission Secreta
Idaho Public Utilties Commission
472 W. Washington
Boise, ID 83702
RE: Case No. IPC-E-IO-25
Dear Ms. Jewell:
~'~
~("~
~
ir,.."
We are enclosing for filing in the above-referenced case an original and three (7) copies of the
Industrial Customers ofIdaho Power's MOTION FOR LEAVE TO FILE SUR-REPLY
COMMENTS, and attched SUR-REPL Y COMMENTS OF THE INDUSTRIAL
CUSTOMERS OF IDAHO POWER. An additional copy is enclosed for you to stap for our
records.
tere~
~Adams
Richardson & O'Leary PLLC
encl.
Peter J. Richardson (ISB # 3195)
Gregory M. Adams (ISB # 7454)
Richardson & O'Lear, PLLC
515 N. 27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
peteraYrichardsonandoleary.com
gregaYrichardsonandoleary .com
1\1\\1 üEe 3ü Pl'4:\'
Attorneys for the Industral Customers of Idaho Power
BEFORE THE IDAHO
PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER )
COMPANY'S REQUEST FOR )
ACCEPTANCEOF ITS 2011 RETIREMENT )BENEFITS PACKAGE )
)
)
)
)
CASE NO. IPC-E-I0-25
MOTION FOR LEAVE TO FILE SUR-
REPLY COMMENTS OF THE
INDUSTRIAL CUSTOMERS OF
IDAHO POWER
COMES NOW, the Industrial Customers of Idaho Power ("ICIP"), and pursuant to this
Commission's Rules of Procedure, Rule 56, IDAPA 31.01.01.56, hereby moves the Commission
for leave to fie Sur-Reply Comments in this matter. In support of this motion, ICIP states as
follows:
1. Idaho Power fied its Application in this docket on October 1, 2010, and requested
the Commission "issue its order accepting Idaho Power's 2011 Retirement Benefits Package on
or before Februry 28, 2011, to allow sufficient time to prepare and process a pension fuding
IPC-E-I0-25
MOTION FOR LEAVE TO FILE SUR-REPL Y COMMENTS
PAGE 1
docket prior to June 1, 2011." Application, at ir 15.
2. The Commission's Notice of Application and Notice of Modified Procedure
(Order No. 32092) set a deadline of December 14,2010, for the filing of Comments by any
person desiring to state a position on the Application, and a deadline of December 28,2010, for
Idaho Power and other interested paries to fie Reply Comments.
3. The Commission's Order No. 32092 did not provide an opportity, or provide a
deadline for, the filing of Sur-Reply Comments by interested paries.
4. On December 14,2010, the Commission Staff and ICIP fied Comments in
opposition to the relief requested in Idao Power's Application.
5. On December 28,2010, Idaho Power filed Reply Comments.
6. The Company's Reply Comments raised legal arguments not raised in its
Application or testimony, and not addressed in the Commission Staffs or ICIP's Comments.
See Idaho Power's Comments, at p. 3 (argung that "an order requiring Company shareholders to
become financially liable for benefit expenses without a corresponding retur on investment may
result in confiscatory rates that violate the U.S. Constitution's Fifth Amendment Takngs
Clause"); id. at p. 11 (arguing Staffs and ICIP's proposal to reward longevity with a 401(k) plan
would "most certinly violate the terms set forth in Title 26 C.F.R. 1.401 (a)-4").
7. The Company's Reply Comments also included as Attachment No.3, a report by
its consultat, Towers Watson, which the Company did not provide in discovery to Commission
Staf or ICIP.
8. Therefore, ICIP respectfully requests leave to address these new arguments and
materials because ICIP did not anticipate these arguents or materials from Idaho Power's prior
IPC-E-1O-25
MOTION FOR LEAVE TO FILE SUR-REPLY COMMENTS
PAGE 2
filings in this case.
9. Accordingly, ICIP respectfully requests that the Commission accept for filing, and
consider, the attched Sur-Reply Comments, which address only these new issues and materials.
Counsel for ICIP has conferred with Counsel for Commission Staff regarding this Motion, and
Commission Staff supports this Motion.
10. Permitting the filing of the attached Sur-Reply Comments will not prejudice the
rights of any pary or cause undue delay to this proceeding because Idaho Power has addressed
the issues therein and ths fiing is made far in advance of the date by which Idaho Power
requested a Commission decision - Februar 28,2011.
WHEREFORE, the Industrial Customers of Idaho Power respectfully requests that this
Commission grant its Motion for Leave to File Sur-Reply Comments in these proceedings, and
requests that the Commission accept and consider the attched Sur-Reply Comments.
DATED this t.~~day of December, 2010.
RICHARDSON AND O'LEARY, PLLC
By:~
er J. Richardson
Gregory M. Adams
Attorneys for the Industrial
Customers of Idaho Power
IPC-E-I0-25
MOTION FOR LEAVE TO FILE SUR-REPLY COMMENTS
PAGE 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this ~ay of December, 2010, I caused a tre
and correct copy of the foregoing MOTION FOR LEAVE TO FILE SUR-REPLY COMMENTS
OF THE INDUSTRIAL CUSTOMERS OF to be served by the method indicated below, and
addressed to the following:
Jean Jewell
Idaho Public Utilities Commission
472 West Washington Street (83702)
Post Office Box 83720
Boise, Idaho 83720-0074
( ) U.S. Mail, Postage Prepaid
(x ) Hand Delivered
( ) Overnght Mail
( ) Facsimile
( ) Electronic Mail
Lisa Nordstrom
Donovan Walker
Idaho Power Company
POBox 70
Boise, Idaho 83707
(x) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnght Mail
( ) Facsimile
(x) Electronic Mail
Gregory W. Said
Tim Tatum
Idaho Power Company
PO Box 70
Boise, ID 83707
(x) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnght Mail
( ) Facsimile
(x) Electronic Mail
~
S¡gnedQiJ. (\ \úN~J
Nina M. Curis
IPC-E-I0-25
MOTION FOR LEAVE TO FILE SUR-REPLY COMMENTS
PAGE 4