27497.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY FOR AUTHORITY TO INCREASE ITS RATES AND CHARGES TO RECOVER DEMAND SIDE MANAGEMENT/ CONSERVATION EXPENDITURES.
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CASE NO. IPC-E-97-12
ORDER NO. 27497
On April 27, 1998, the Industrial Customers of Idaho Power (ICIP) filed a Motion to Delay Procedural Schedule in this case asking that the Commission delay the prefile deadline for direct intervenor testimony by three weeks after the issuance of the Commission’s Order on the various Motions to Dismiss pending in this case.  The ICIP contends that Idaho Power’s Application raises complex and serious issues.  The ICIP further asserts that Idaho Power has provided a large volume of material for review in response to discovery requests which require the ICIP more time to prepare its prefiled direct case in this matter.
On April 29, 1998, Idaho Power Company filed a response to the ICIP’s Motion.  Idaho Power objects to the Motion noting that this matter has been scheduled since early this year, that the discovery in this proceeding is not complex and the fact that Motions to Dismiss are pending is no justification for delaying the schedule established by the Commission in this matter.
FINDINGS
We hereby grant in part and deny in part the ICIP’s Motion.  We recognize that the many procedural motions that have been filed in this proceeding have, no doubt, kept the parties busy.  Moreover, as the ICIP notes, there are depositions that have been scheduled by Micron Technology, Inc. for Thursday, April 30, 1998, which might affect the prefiled direct cases of the Commission Staff and intervenors which is due Monday, May 4, 1998.  The prefile deadline, however, is an “in-hand” deadline which means, for all intents and purposes, the direct cases must be mailed to the out of town parties no later than the preceding Friday, May 1, 1998.  Consequently, we believe it would be reasonable to allow the Commission Staff and intervenors an additional week in which to prefile their direct cases.  Consequently, we hereby Order that the schedule previously established in this case is modified.  The prefiled direct testimony and exhibits of the Commission Staff and intervenors must be filed, in-hand, no later than May 11, 1998.  Idaho Power’s rebuttal testimony and exhibits which was previously scheduled for May 18, 1998, shall be filed no later than May 20, 1998.  The hearing date of May 26, 1998, shall remain as scheduled.
O R D E R
IT IS HEREBY ORDERED that the Motion to Delay Procedural Schedule filed by the ICIP in this proceeding is granted in part and denied in part as set forth herein.
THIS IS A FINAL ORDER.  Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. IPC-E-97-12 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case No. IPC-E-97-12.  Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.  See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of April 1998.
                                                                                                                                      DENNIS S. HANSEN, PRESIDENT
                                                                                           RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O:IPC-E-97-12.bp4
COMMENTS AND ANNOTATIONS
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Service Date
April 30, 1998