20170728Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DAPHNE HUANG
DEPUTY ATTORNEY GENERAL
DATE: JULY 26,2017
SUBJECT:COXCOM'S EXPEDITED MOTION TO ALLOW TELEPHONIC CROSS.
EXAMINATION OF ITS WITNESS AT TECHNICAL HEARING IN
IDAHO POWER'S CPCN FOR WOOD RIVER VALLEY, CASE NO. IPC-
E-r6-28
On July 24,2017, CoxCom filed a Motion to allow its expert witness Michael Stull to
appear and be cross-examined if need be by telephone in the technical hearing set for August 8
and 9, 2017 in this case. Because the hearing is two weeks away, CoxCom requested that its
Motion be expedited, and a determination made upon two rather than l4 days' notice to parties.
Michael Stull is legal counsel for CoxCom and prefiled direct testimony in this case.
Mr. Stull lives in Atlanta, Georgia. Local counsel for CoxCom contacted parties on July 21,
2017, asking if it would be necessary for Mr. Stull to travel to Boise, Idaho to appear in person,
or if he could instead appear by telephone. Staff does not oppose the request to allow Mr. Stull
to appear by telephone. CoxCom indicated that Sierra Club had no objection, and Idaho Power
asked that Mr. Stull be available by telephone, in the event the Company wished to conduct
cross-examination. Motion at 2. CoxCom also indicated that Rock Rolling Properties and Kiki
Tidwell stated they lacked adequate information to take a position on the request. .Id
In its Motion, CoxCom noted that it sent a production request to all parties asking
whether the parties object to construction of facilities - if new facilities are constructed - "such
that they provide space for pole attachments of [CoxCom's] facilities." Id. According to
CoxCom, not all parties responded, but those who did respond had no objection. .Id.
DECISION MEMORANDUM I
COMMISSION DECISION
Does the Commission wish to grant or deny CoxCom's expedited Motion to allow
witness Michael Stull to appear by telephone rather than in person at the August 8 and 9
technical hearing in this case? Something else?
Huang
Deputy Attorney
M : IPC-E- I 6-28_djh4_Motion
2DECISION MEMORANDUM