20170113Petition to Intervene.pdf

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C. Tom Arkoosh, ISB No. 2253
ARKOOSH LAW OFFICES
802 W. Bannock Street, Suite 900
P.O. Box 2900
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for CoxCom, LLC
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE )
APPLICATION OF IDAHO POWER )
COPMANY FOR A CERTIFICATE OF )
PUBLIC CONVENIENCE AND )
NECESSITY TO CONTRUCT SYSTEM )
IMPROVEMENTS FOR WOOD RIVER )
VALLEY CUSTOMERS )
)
) __________ )
Case No. IPC-E-16-28
COXCOM, LLC'S PETITION FOR
LATE INTERVENTION
COMES NOW CoxCom, LLC, d/b/a Cox ("Cox"), by and through its counsel of record,
C. Tom Arkoosh of Arkoosh Law Offices, and hereby petitions to intervene in the above­
captioned matter pursuant to the Rules of Procedure of the Idaho Public Utilities Commission
(IDAPA 31.01.01.71, et seq.) and the Commission's Order No. 33657 with Notice of Application
and Notice of Intervention Deadline issued on November 29, 2016.
In support of this Petition, Cox provides as follows:
1. Cox is duly organized as a limited liability company of the State of Delaware,
duly authorized to do and doing business in the State of Idaho.
2. Cox is engaged in the commercial cable television service and
COXCOM, LLC'S PETITION FOR LATE INTERVENTION -Page 1
telecommunications business as a service corporation.
3. Cox has a direct and substantial interest in the above-captioned matter. Currently,
Cox's transmission equipment between the City of Hailey, Idaho and the City of Ketchum, Idaho
are attached on the Idaho Power poles proposed for replacement in the pending Application
before the Commission. Cox desires to assure that there will be continued room for their
equipment on any new construction resulting from the requested Certificate of Public
Convenience and Necessity for the Wood River Valley. The exclusion of Cox from the pending
proceedings could result in extreme and substantial hardship, needless expense, and redundant
proceedings and processes.
4. Intervention by Cox will not unduly broaden this issues in this matter because
manner of construction, equipment used therefor, and placement of equipment are directly before
the Commission in the pending Application on file.
5. Intervention by Cox is in the public interest because settlement of the issues
regarding placement and cost of the new facilities contemplated by the prayed-for Certificate of
Public Convenience and Necessity are currently directly before the Commission in the pending
Application.
6. Intervention by Cox will not cause delay or prejudice to the parties in the above-
captioned matter because the issues of interest to Cox are currently squarely before the
Commission.
7. Intervention by Cox is appropriate to allow Cox to present to the Commission the
perspective regarding the most effective and efficient means and manner to accommodate the
continued carriage of telecommunication facilities on the new distribution facility contemplated
by the Application.
COXCOM, LLC'S PETITION FOR LATE INTERVENTION -Page 2
8. Cox participated in the Blaine County Planning and Zoning proceedings described
in detail in the Application, and reasonably contemplated that this was the primary jurisdiction
for determination of the issue of providing space and capacity to carry the equipment of Cox on
the new distribution facilities of Idaho Power contemplated in the Application. The Blaine
County Planning and Zoning Commission came to their ultimate decision denying the pending
application on Thursday, January 5, 2017. This Commission set the date for intervention in the
above matter for 21 days following the Application herein, or November 29, 2016. The decision
of the Blaine County Planning and Zoning Commission denying the request for rebuild came 3 7
days after the deadline for intervention at this Commission. Idaho Power articulates in the
Application that it now contemplates this Commission, and not the Blaine County authorities, is
the primary jurisdiction for determination of this matter. This juxtaposition of jurisdictions, and
the ultimate and very recent denial of the construction now sought before the Commission,
sufficiently obfuscated the clear procedural path forward for resolution of the issues in the
Application such that Cox has good cause and substantial reason to have failed to file in this
matter by the intervention date and to now Petition for late intervention. Cox believes that status
as an intervenor will now allow for clearer communication about and resolution of the pending
issues of concern to Cox in a single forum.
9. Cox represents its intervention in the pending matter will not prejudice any party,
but instead will streamline resolution of concrete issues that the reconstruction of the facilities
contemplated by the Application has placed before the Commission.
10. Cox acknowledges it takes the record as it finds it in late intervention and
proposes no disruption to the Commission's ongoing processing of the Application.
11. The name and address of the intervenor is:
COXCOM, LLC'S PETITION FOR LATE INTERVENTION -Page 3
CoxCom, LLC
c/o C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock Street, Suite 900
P.O. Box 2900
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Copies of all pleadings, production requests, production responses, Commission orders
and other documents should be provided as noted above.
Wherefore, Cox respectfully prays the Commission issue its order allowing Cox's
intervention in the above entitled matter subject to the record as it is at the date of this Petition.
·ri.1\J'. DATED this_\ v_ day of January, 2017.
ARKOOSH LAW OFFICES
0
C. Tom Arkoosh
Attorney for CoxCom, LLC
COXCOM, LLC'S PETITION FOR LATE INTERVENTION -Page 4
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the l?'\Y\day of January, 2017, I served a true and correct
copy of the foregoing document(s) upon the following person(s), in the manner indicated:
Jean Jewell U.S. Mail, Postage Prepaid
Commission Secretary Overnight Courier
Idaho Public Utilities Commission X Hand Delivered
472 W. Washington Via Facsimile
Boise, ID 83 702 E-mail
Donovan E. Walker U.S. Mail, Postage Prepaid
Tim Tatum Overnight Courier
Idaho Power Company Hand Delivered
PO Box 70 Via Facsimile
Boise, ID 83 707 X E-mail
[e-mail]
[e-mail]
[e-mail]
Daphne Huang U.S. Mail, Postage Prepaid
Camille Christen Overnight Courier
Deputy Attorneys General Hand Delivered
Idaho Public Utilities Commission Via Facsimile
472 W. Washington (83702) 'i E-mail
PO Box 83720 [e-mail]
Boise, ID 83 720 [e-mail]
Peter J. Richardson U.S. Mail, Postage Prepaid
Richardson Adams, PLLC Overnight Courier
515 N. 27th St. Hand Delivered
PO Box 7218 Via Facsimile
Boise, ID 83702 X E-mail
[e-mail]
Kiki Leslie A. Tedwell U.S. Mail, Postage Prepaid
300 Let'er Buck Road Overnight Courier
Hailey, ID 83333 Hand Delivered
Via Facsimile
{, E-mail [e-mail]
COXCOM, LLC'S PETITION FOR LATE INTERVENTION -Page 5
Zach Waterman
Director, Idaho Sierra Club
503 W. Franklin St.
Boise, ID 83 702
Michael Heckler
3606 N. Prospect Way
Garden City, ID 83714
Benjamin J. Otto
Idaho Conservation League
710 N. Sixth Street
Boise, ID 83702
Laura Midgley
231 Valley Club Drive
Hailey, ID 83333
Matthew A. Johnson
Wm. F. Gigray
White Peterson Gigray & Nichols, PA
5700 E. Franklin Rd., Suite 200
Nampa, ID 83687
X
U.S. Mail, Postage Prepaid
Overnight Courier
Hand Delivered
Via Facsimile
E-mail
zach. [e-mail]
U.S. Mail, Postage Prepaid
Overnight Courier
Hand Delivered
Via Facsimile
E-mail
[e-mail]
U.S . Mail, Postage Prepaid
Overnight Courier
Hand Delivered
Via Facsimile
.X E-mail
X
X
[e-mail]
U.S. Mail, Postage Prepaid
Overnight Courier
Hand Delivered
Via Facsimile
E-mail [e-mail]
U.S. Mail, Postage Prepaid
Overnight Courier
Hand Delivered
Via Facsimile
E-mail
[e-mail]
C. Tom Arkoosh
COXCOM, LLC'S PETITION FOR LATE INTERVENTION -Page 6