20110825Motion to Excuse Counsel.pdf

Department of Energy
Washington, DC 20585
l','"
20n AUG 25 AM 9: 59
Ms. Jean D. Jewell, Secretary
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
August 23,2011
Re: Case No. IPC-E-ll-08
Dear Ms. Jewell:
The original and seven (7) copies of the Motion of the United States Department of Energy for
Limited Admission and to Excuse Local Counsel in the above-captioned proceeding are enclosed
herewith for fiing. At your convenience, please date stamp and retur the enclosed extra copy
of the petition in the self-addressed and franed envelope which is enclosed herewith.
Than you for your kind attention.
Very truly yours,
Arhur Perr Bruder
Attorney for the
United States Deparment of Energy
1000 Independence Avenue SW
Washington, DC 20585
Arhur.Bruder~hq.doe.gov
phone: [phone]
fax: [phone]
oi:ci:il\i- ..!-
Mar M. McKnight
Offce of Chief Counsel
Idaho Operations Office
United States Deparment of Energy
1955 Premont Avenue Mail Stop 1209
Idaho Falls, ID 83415
Bar No.: 5435
PHONE: [phone]
FAX: [phone]
201 I AUG 25 AM 9: 50
Arhur Perry Bruder
Offce of the General Counsel
United States Deparment of Energy
1000 Independence Avenue SW
Washington, DC 20585
arhur.bruder~hq.doe.gov
PHONE: [phone]
FAX: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION) CASE NO. IPC-E-11-08
OF IDAHO POWER COMPANY POR )
AUTHORITY TO INCREASE ITS RATES ) MOTION OF
AND CHARGES FOR ) THE UNITED STATES
ELECTRIC SERVICE IN IDAHO ) DEPARTMENT OF ENERGY
) FOR LIMITED ADMISSION AND
) TO EXCUSE LOCAL COUNSEL
Pursuant to Idaho Bar Commission Rule 227 and Idaho Public Utilties Commission
("IPUC" or "Commission") Rules of Procedure 19 and 43.03, the undersigned local counsel,
Mary McKnight, hereby petitions the IPUC:
(1) for limited admission of the undersigned, Arthur Perr Bruder ("applying counsel"), as the
United States Deparment of Energy's ("DOE") legal representative in the above-captioned
proceeding;
(2) to excuse Ms. McKnight from attendance at all proceedings before it in that proceeding.
Applying counsel certifies that: (l) he is an active member in good standing of the bar ofthe
State of New York; (2) he maintains the regular practice oflaw as an attorney in the Office of the
DOE General Counsel at the above-noted address; (3) he is neither a resident of nor licensed to
practice in the State of Idaho; (4) DOE has requested that he appear in the above-captioned
proceeding; (5) he was previously granted such limited admission in IPUC Case NO.E-08-1O.
Both undersigned counsel certify that a copy of this motion has been served by electronic mail
upon all of the other parties to this matter, that a copy of this Motion has been provided to the
Idaho State Bar, and that the DOE Idaho Operations Offce is presently arranging to transmit,
and shall within the next two weeks transmit, the required $200 fee to the Idaho State Bar.
Local counsel: (l) certifies that the above information is tre and correct to the best of her
knowledge, after reasonable investigation; (2) acknowledges that her attendance is required at all
IPUC proceedings in the above-captioned matter in which applying counsel appears, unless the
IPUC specifically excuses her from attendance; (3) requests that the IPUC excuse her from
attendance at all such proceedings.
A proposed IPUC order is attached hereto.
DATED this "' i day of August, 2011.
~ilCw~~Ciight
Local Counsel
BarNo. 5435
ge" -Q. -a-_J_
Arhur Perr Bruder J
Applying Counsel
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR ELECTRIC SERVICE
TO ELECTRIC CUSTOMERS IN THE
STATE OF IDAHO
) CASE NO. IPC-E-11-08
)
) MOTIONOF
) THE UNITED STATES
) DEPARTMENT OF ENERGY
) FOR LIMITED ADMISSION AND
) TO EXCUSE LOCAL COUNSEL
ORDER GRANTING MOTION OF THE U. S. DEPARTMENT OF ENERGY
FOR LIMITED ADMISSION AND TO EXCUSE LOCAL OCUNSEL
On or about August 24,2011, Mar M. McKnight, local counsel, and Arthur Perr Bruder,
applying counsel, fied a motion ("motion") with the Idaho Public Utilties Commission
("Commission") for limited admission of Mr. Bruder in the above-captioned proceeding, (as per
Idaho Bar Commission Rule ("ICBR") 227; Commission Rules of Procedure 19,43.03) and to
excuse Ms. McKnght from attendance at all proceedings before it in the above-captioned matter.
Mr. Bruder certifies that he is an active member in good standing of the New York State Bar and
that he maintains the regular practice of law as an attorney in the Offce of the General Counsel
of the United States Deparment of Energy ("DOE") at 1000 Independence Avenue SW,
Washington, DC. Mr. Bruder fuher certifies that he is neither a resident of, nor licensed to
practice law in, the State of Idaho, and that he has previously been granted such limited
admission in Commission Case No.E-08-1 O.
Both Ms. McKnight and Mr. Bruder certify that this motion has been electronically served on all
other paries to this proceeding, that a copy of this Motion has been provided to the Idaho State
Bar, and that DOE's Idaho Operations Offce is arranging to transmit, and shall within the next
two weeks transmit, the necessary $200 fee to the Idaho State Bar.
COMMISSION FINDINGS
The Commission has reviewed and considered the DOE Motion for Limited Admission and to
Excuse Local Counsel in the above-captioned proceeding, and the practice rules and Rules of
Procedure (meR Rule 227 and Commission Rules of Procedure 19 and 43.03.). Based on the
filings of record and certified representations of Ms. McKnight and Mr. Bruder, we find that
reasonable grounds have been demonstrated to justify granting limited admission of Mr. Bruder
as legal counsel for the DOE in the above-captioned proceeding. We further find it reasonable to
excuse Ms. McKnight from attendance at proceedings before the Commission in this matter.
CONCLUSIONS OF LAW
The Commission has jurisdiction in the above-captioned proceeding and in regard to the Motion.
ORDER ",
In consideration of the foregoing and as more paricularly described above, IT is HEREBY
ORDERED that Arhur Perr Bruder is granted limited admission in Case No. E-11-08 as legal
counsel for the United States DOE, and that Ms. Mary M. McKnight is excused from attendance
at IPUC proceedings in this matter.
DONE by Order of the Idaho Public Utilties Commission at Boise, Idaho, this _ day of _'
2011.
MACK A. REDFORD, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
PAUL KJELLANDER, COMMISSIONER
ATTEST:
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 23d day of August, 2011, I:
(l) transmitted a true, correct and complete original, and seven true, correct and complete copies,
of the foregoing document, the United States Deparment of Energy's Petition for Limited
Admission and to Excuse Local Counsel in IPC-Case No. E- 11-08, by overnight service,
properly addressed and prepaid, to:
Jean D. Jewell, Secreta
Idaho Public Utilties Commission
P.O. Box 83720
472 W. Washington Street
Boise, Idaho 83720-0074
(2) electronically transmitted it as an attachment to an email, to the following persons at the
email addresses shown:
Idaho Power Company (Exh. Nos. 001-100)
Lisa Nordstrom, Gregory Said, Donovan E. Walker, Jason B. Wiliams
1221 W. Idaho St. 83702
PO Box 70
Boise, ID 83 707-0070
Inordstrom(áidahopower.com;dwalker(áidahopower.com
jwiliams(ã4idahopower.com; gsaid~dahopower.com
Idaho Public Utilties Commission (Exh. Nos. 101-200)
Donald L. Howell, II, Karl Klein
472 W. Washington (83702)
PO Box 83720 Boise, ID 83720-0074
don.howell(fpuc,idaho. gov; kari.klein~puc.idaho .gov
Idaho Irrigation Pumpers Association (Exh. Nos. 201-300)
Eric L. Olsen
Racine, Olson, Nye, Budge & Bailey, Chartered
201 E. Center PO Box 1391Pocatello, ID 83204-1391
elo~racinelaw.net
Anthony Yankel
29814 Lake Road Bay Vilage, OH 44140
tony~yanei.net
-1-
Industrial Customers of Idaho Power (Exh. Nos. 301-400) (Simplot and Rate 19 Group)
Peter J. Richardson, Gregory M. Adams
Richardson & O'Leary, PLLC
515 N. 27th Street
PO Box 7218 Boise, ID 83702
peter(ãrichardsonandoleary .com;greg(ãrichardsonandoleary .com
Don Reading
6070 Hil Road Boise, ID 83703
dreading(ßmindspring.com
The Kroger Company (Exh. Nos. 501-600)
Kur J. Boehm
Boehm, Kurz & Lowery
36 E. Seventh St., Suite 1510
Cincinnati, OH 45202
kboehm~bkiiawfrr.com
Kevin Higgins
Energy Strategies
2155. State St., Suite 200
Salt Lake City, UT 84111 mail
khiggins~energystrat.com
John R. Hammond, Jr.
Batt Fisher Pusch & Alderman, LLP
U.S. Ban Plaza, 5th Floor
1015. Capitol Blvd., Suite 500 (83702)
PO Box 1308
Boise, ID 83701
jrh~battfisher.com
Community Action Partnership Association of Idaho (Exh. Nos. 601-700)
Brad M. Purdy, Attorney at Law
2019 N.l7 St. Boise, ID 83702
brnpurdy~hotmail.com
Idaho Conservation League Exh. Nos. 801-900)
Benjamin J. Otto
710 N. Sixth Street 83702 PO Box 844
Boise, ID 83701
botto~idaoconservation.org
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Micron Technology Inc. (Exh. Nos. 701-800)
MaryV. York
Holland & Har, LLP
101 S. Capital Blvd., Suite 1400
Boise, ID 83702
myork~hollandhart.com
Thorvald A. Nelson, Mark A. Davidson, Fred Schmidt
Holland & Har, LLP
6380 S. Fiddlers Green Circle Suite 500
Greenwood Vilage, CO 80111
tnelson(ãhollandhart.com; madavidson(ãhollandhart.coID; fschmidt(ãhollandhart.com;
lnbuchanan(ãhollandhart.com; dennytemp(ãyahoo.com; gccarter~ur-inc.com
Richard E. Malmgren Sr. Asst. General Counsel
Micron Technology, Inc.
800 South Federal Way Boise, ID 83716
remalmgren~micron.com
Snake River Allance (Exh. Nos. 901-1000)
Ken Miler
PO Box 1731 Boise, ID 83701
kmiler~snakeriverallance.org
NW Energy Coalition (Exh. Nos. 1001-1100)
Nancy Hirsh, Policy Director
811 1st Ave. Suite 305
Seattle, WA 98104
nancy(ánwenergy.org
02/&~
Arhur Perry Bruder
Attorney for the
United States Deparment of Energy
1000 Independence Avenue SW
Washington, DC 20585
Arhur.Bruder~hq.doe.gov
phone: [phone]
August 23,2011
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