20180911JR Simplot Unopposed Motion to Extend.pdf

Peter J. Richardson, ISB No. 3195
Gregory M. Adams, ISB No. 7454
RICHARDSON ADAMS, P.L.L.C.
515 N. 27th Street
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
Email : [e-mail]
Email : [e-mail]
IN THE MATTER OF PETITION OF
IDAHYDRO, SHOROCK HYDRO, [NC.,
J.R. SIMPLOT COMPANY, AND
RENEWABLE ENERGY COALITION FOR
MODIFICATION OF THE 9OlI IO
PERFORMANCE BAND AND
CALCULATION OF OPERATION AND
MAINTENANCE CHARGES FOR PURPA
QUALIFYTNG FACILITIES
Case No. IPC-E-18-07
J.R. SIMPLOT COMPANY'S
UNOPPOSED MOTION TO EXTEND
STAY OF PROCEEDINGS
RTCEIVED
?0lB SIP I I Al{ I l: L0
cSICN
Attorneys for Petitioner J.R. Simplot Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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Petitioner J.R. Simplot Company ("Simplot") hereby respectfully moves the Idaho Public
Utilities Commission ("Commission"), pursuant to Rule of Procedure 256.03, to extend the
existing stay on all pending deadlines and proceedings in this matter for an additional 2l days or
until such time before 2l days that any party moves to lift the stay, and to the extent an answer or
motion to dismiss is necessary to Idaho Power Company's ("ldaho Power") cross-petition, that
such deadline be extended until seven days after the stay is lifted.
On April 16,2018, Petitioners Idaho Hydroelectric Power Producers Trust, an Idaho Trust,
d/b/a Idahydro ("ldahydro"), Shorock Hydro, Inc. ("Shorock"), Simplot, and the Renewable
Energy Coalition ("REC") filed the petition initiating this proceeding. On July 25,2018,Idaho
J.R. SIMPLOT COMPANY'S UNOPPOSED MOTION TO EXTEND STAY OF
PROCEEDTNGS
rPC-E-18-07
PAGE I
Power Company ("ldaho Power") filed its cross-petition and/or petition in this proceeding. The
parties have engaged in several rounds of discovery since the filing of the initial petition, but no
procedural schedule has been established yet in this proceeding. By rule, there may be a Zl-day
period to file an answer or motion to dismiss Idaho Power's cross-petition and/or petition, see RP
57 .02, but if the cross-petition is itself deemed a late answer, no response would be necessary.
However, before expiration of that 2l-day period the Commission issued Order No. 34128, staying
the proceedings for 28 days from the date of the order, August 15, 2018.
As explained in the initial motion for a stay, since the filing of Idaho Power's cross-petition
and/or petition, the original petitioners (Idahydro, Shorock, Simplot, and REC) and Idaho Power
have engaged in discussions as to procedural and substantive matters related to the issues in
dispute, and wish to complete those discussion prior to the occurrence of the next procedural steps
in this proceeding. At this time, those discussions have been productive but have not yet
concluded. These parties wish to continue to engage in such discussions prior to the next
procedural steps occurring in this proceeding. Therefore, Simplot requests that the Commission
issue an order extending the stay of proceedings in this matter for an additional 2l days or until
such time before 2l days that any party moves to lift the stay.
Additionally, Simplot requests that to the extent an answer or motion to dismiss is
necessary to ldaho Power's cross-petition, that such deadline be extended until seven days after
the stay is lifted. The initial 2l-day deadline would have been 2l days after July 25,2018, which
would have been August 15, 2018. The Commission's Order No. 34128 noted that Simplot's
unopposed stay motion also requested that the Commission toll pending deadlines beginning on
the date of the stay motion on August 8, 2018, which would have tolled the 2l-day period to file
J.R. SIMPLOT COMPANY'S TINOPPOSED MOTION TO EXTEND STAY OF
PROCEEDINGS
rPC-E-18-07
PAGE 2
an answer or motion to dismiss with a due date on September 19, 2018. However, the ordering
paragraph of Order No. 34128 states all pending deadlines are tolled from date of entry of the
order, August 15,2018, which suggests the 2l-period could nrn on September 12,2018. To clarify
the deadlines going forward and to facilitate ongoing discussions without filing of such an answer
or motion to dismiss, tdaho Power and the original petitioners have agreed to extend the due date
for any answer or motion to dismiss the cross-petition until seven days after the stay is lifted.
Therefore, to the extent an answer or motion to dismiss is necessary to Idaho Power's cross-
petition, Simplot moves that such deadline be extended until seven days after the stay is lifted.
Counsel for Simplot has contacted all other parties to this proceeding, and no party opposes
this motion. Resolution is therefore appropriate without further process. See Rule of Procedure
2s6.03.
DATED tf,i, -flay of September, 2018.
RICHARDSON ADAMS, P.L.L.C.
Gregory M. Adams
Peter J. Richardson
Attorneys for Petitioner J.R. Simplot
Company
J.R. SIMPLOT COMPANY'S UNOPPOSED MOTION TO EXTEND STAY OF
PROCEEDTNGS
IPC-E-18-07
PAGE 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the I lth day of September 2018, a true and correct copy of
the within and foregoing UNOPPOSED MOTION TO EXTEND STAY PROCEEDINGS BY
THE J.R. SIMPLOT COMPANY in Case No. IPC-E-18-07 was delivered to the following
persons in the matter indicated:
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
472 W . Washington Street
Boise, Idaho 83702
_U.S. Mail, postage prepaid
X Hand Delivery
X email to [e-mail]
Edith Pacillo
Deputy Attorney General
Idaho Public Utilities Commission
472 W . Washington Street
Boise, Idaho 83702
X U.S. Mail, postage prepaid
_Hand Delivery
-X_email to edith.pacillo@puc. idaho. gov
Donovan Walker
Idaho Power Company
l22l W.ldaho Street
Boise, Idaho 83702
X U.S. Mail, postage prepaid
Hand DeliveryX email to [e-mail]
C. Tom Arkoosh
Idahydro
P.O. Box 2900
Boise, Idaho 83701
X U.S. Mail, postage prepaid
Hand Delivery
X email to [e-mail]
J. Kahle Becker
Renewable Energy Coalition
233 N. 6th Street, #325
Boise, Idaho 83702
_X U.S. Mail, postage prepaid
_Hand Deliveryj email to kahle@,kahlebecketlar,v-qorrr
Irion Sanger
Renewable Energy Coalition
I I l7 SE 53'd Avenue
Portland, Oregon 97215
X U.S. Mail, postage prepaid
Hand Delivery
_X email to [e-mail]
Michael C. Creamer
Preston N. Carter
Tamarack Energy Partnerships
P.O.Box2720
Boise, Idaho 83701
X U.S. Mail, postage prepaid
Hand Delivery
X email to mcc@.qivenspursley. com
pnc@ qivenspursley. com
Michael Andrea
Avista Corporation
l4l I E. Mission Avenue, MSC-23
Spokane, Washington 99202
X U.S. Mail, postage prepaid
Hand DeliveryX email to [e-mail]
Clint Kalich
Avista Corporation
l4l I E. Mission Avenue, MSC-7
Spokane, Washington 99202
X U.S. Mail, postage prepaid
Hand DeliveryX email to clint.kalich@,avistacorp.com
Kandi Walters