20170724Motion For Expedited Relief.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
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
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Case No. IPC-E-16-28
coxcoM, LLC'S MorIoN FoR
EXPEDITED RELIEF TO ALLOW
TELEPHONIC CROSS-
EXAMINATION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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COMES NOW CoxCom, LLC, dlbla Cox ("Cox"), by and through its counsel of record,
C. Tom Arkoosh of Arkoosh Law Offrces, pursuant to IDAPA 31.01.01 .256.03, and hereby
seeks procedural relief allowing Cox to spread the testimony of Michael Stull upon the record at
hearing and then allow cross-examination of Michael Stull, if any, via telephone.
This request is based upon the following showing:
Michael Stull is a legal counsel for Cox. His office is in Atlanta, Georgia. Mr. Stull gave
testimony in this matter generally describing the effect upon Cox and its customers of various
possible outcomes that may be ordered by the PUC in the above matter.
On July 21,2017, this office inquired of the parties whether it would be necessary for Mr.
Cox to travel from Atlanta, Georgia to Boise, Idaho to be cross-examined or, instead, whether he
COXCOM, LLC'S MOTION FOR EXPEDITED RELIEF TO ALLOW TELEPHONIC
CROSS-EXAMINATION - Page 1
could be excused or, alternatively, be available by phone. Of those who have thus far responded,
Sierra Club has no objection to non-appearance; Idaho Power Company desires availability by
phone; and, Rock Rolling Properties and Kiki Leslie A. Tidwell were non-committal, feeling that
they lacked adequate information at this time.
On April 10,2017, Cox sent a request for production to all parties with the following
inquiry:
REOUEST NO. l: If Idaho Power Company constructs new facilities as
described in its application in this matter subsequent to whatever permitting
processes ultimately the law requires, do you object to the construction of those
facilities such that they provide space for pole attachments of Cox's facilities that
are currently attached to the Idaho Power facilities which will be replaced as
described in the application?
Some parties did not respond. Staff demurred, noting it felt it did not have enough
information to give an affirmative or negative response. Those that did respond had no
objection.
This counsel represents to the Commission that he is aware of no reason for personal
appearance that cannot be met by telephonic cross-examination, if in fact any party does indeed
desire to cross-examine Mr. Stull.
Because hearing in this matter is set for next week, August 8-9,2017, Cox requests the
Commission make its determination on less than 14 days' notice, but instead upon two days'
notice to the parties to advise whether they support or oppose this proposal.
DATED this 24th day of July,2017.
ARKOOSH LAW OFFICES
C. Tom Arkoosh
Attorney for CoxCom, LLC
COXCOM, LLC'S MOTION FOR EXPEDITED RELIEF TO ALLOW TELEPHONIC
CROSS-EXAMINATION - Page 2
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the24th day of July, 2017, I served a true and correct copy
of the foregoing document(s) upon the following person(s), in the manner indicated
Orieinal and 7 copies to
Diane M. Hanian
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington
Boise, ID 83702
Copies to:
Donovan E. Walker
Tim Tatum
Idaho Power Company
PO Box 70
Boise, lD 83107
Daphne Huang
Camille Christen
Deputy Attorneys General
Idaho Public Utilities Commission
472 W. Washington (83702)
PO Box 83720
Boise, ID 83720
Peter J. Richardson
Richardson Adams, PLLC
515 N. 27th St.
PO Box 7218
Boise, ID 83702
Kiki Leslie A. Tidwell
300 Let'er Buck Road
Hailey, ID 83333
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diane.hanian@puc. idaho. gov
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dwalker@idahopower. com
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COXCOM, LLC'S MOTION FOR EXPEDITED RELIEF TO ALLOW TELEPHONIC
CROSS-EXAMINATION - Page 3
Kelsey Jae Nunez
Kelsey Jae Nunez LLC
920 N. Clover Dr.
Boise, ID 83703
Zack Waterman
Director, Idaho Sierra Club
503 W. Franklin St.
Boise, ID 83702
Michael Heckler
3606 N. Prospect Way
Garden City, ID 83714
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
Gregory M. Adams
Richardson Adams, PLLC
515 N. 27th St.
P.O. Box 7218
Boise, ID 83702
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kelsey@kelseyj aenunez.com
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zack. waterman (@ si errac I ub. org
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C. Tom Arkoosh
COXCOM, LLC'S MOTION FOR EXPEDITED RELIEF TO ALLOW TELEPHONIC
CROSS-EXAMINATION - Page 4
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