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Home My WebLink About20050302Reply to Shurtz Intervention.pdf, 1-1 r J , ' '_v.... r"n ~. L !:~~ , Y'1r. ,. "'" r""! James M. Van Nostrand STOEL RIVES LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 Telephone: (503) 294-9679 Fax: (503) 220-2480 Email: jmvannostrand~stoel.com nn~ ~O~J . ~ -...vll rtRI" itJ tiU UHIUTILITIES COrt~tSS.'OPi Lisa Nordstrom PacifiCorp Office of the General Counsel 825 NE Multnomah Street, Suite 1800 Portland, OR 97232 Telephone: (503) 813-6227 Fax: (503) 813-7252 Email: lisa.nordstrom~pacificorp.com Bar Number: 5733 Attorneys for PacifiCorp dba Utah Power & Light Company BE,FORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OFP ACIFICORP DBA UTAH POWER & LIGHT COMPANY FOR APPROVAL OF CHANGES TO ITS ELECTRIC SERVICE SCHEDULES CASE NO. PAC-O5- ACIFICORP RESPONSE TO SHURTZ PETITION TO INTERVENE Pursuant to Rule 75 of the Commission s Rules of Procedure, PacifiCorp, doing business as Utah Power & Light Company ("PacifiCorp" or "the Company ), hereby responds to the Petition to Intervene submitted by Timothy J. Shurtz in the above proceeding. Under Rule 74 of the Commission s Rules of Procedure, a person seeking to intervene in a Commission proceeding must demonstrate a "direct and substantial interest in any part of the Page 1 - P ACIFICORP'S RESPONSE TO SHURTZ PETITION TO INTERVENE Portlnd3 -1509251.1 0020017 -00072 subject matter of the proceeding." The same rule provides that intervention may be granted subject to reasonable conditions.IDAPA 31.01.01.074. Mr. Shurtz claims an interest in the proceeding inasmuch as "(aJny rate increase will affect me personally as a customer of Utah Power.Petition , p. 1. Although the Petition refers to Mr. Shurtz' prior status as "an elected official" of Firth, it does not appear from the Petition that Mr. Shurtz is currently an authorized representative of any city or town. The Petition also refers to Mr. Shurtz' status as a "community leader" with a responsibility to look after the interest of those he represents, but it does not appear from the Petition that Mr. Shurtz is an authorized representative of any particular community organization. Similarly, the Petition refers to a need to "represent the residential customers or small business customers." It does not appear from the Petition, however, that Mr. Shurtz is an authorized representative of these particular customer groups, or that these customer groups are otherwise unrepresented. The stated "direct and substantial interest" upon which Mr. Shurtz' intervention should be determined is solely his status as a customer of Utah Power. While it is not clear that the direct and substantial interest" requirement is satisfied by a person s status as ratepayer PacifiCorp does not oppose the intervention of Mr. Shurtz. PacifiCorp urges the Commission to clarify that the Petition to Intervene of Mr. Shurtz, if granted, will be subject to the reasonable condition that his intervention is as an individual customer, and not as the authorized representative of any particular customer group or interest. DATED this 2nd day of March, 2005. Respectfully submitted Stoel Rives LLP By "tlV~~ hv ames . Van Nost and Of Attorneys for PacifiCorp Page 2 - P ACIFICORP'S RESPONSE TO SHURTZ PETITION TO INTERVENE Portlnd3-1509251.1 0020017-00072 CERTIFICATE OF MAILING I hereby certify that on this 2nd day of March, 2005 , I served a true, correct and complete copy of the foregoing document, by U.S. mail, to each of the following: Idaho Irrigation Pumpers Assn, Inc. c/o Lynn T ominaga O. Box 2624 Boise, ill 83701-2624 James R. Smith Monsanto Company O. Box 816 Soda Springs, ill 83276 Eric L. Olsen Racine, Olson, Nye, Budge & Bailey, Chartered O. Box 1391 201 E. Center Pocatello, ill 83204-1391 Conley E. Ward Givens Pursley LLP 601 W. Bannock Street O. Box 2720 Boise ill 83701-2720 Anthony Yankel 29814 Lake Road Bay Village, OH 44140 Monsanto Company c/o Mark Boswell, Legal Dept. 800 N. Lindburg Blvd. Mailzone E2NR St. Louis, MO 63167 J .R. Simplot Company Attn: David Hawk Director, Energy Natural Resources 999 Main Street O. Box 27 Boise ill 83702 Randall C. Budge Racine, Olson, Nye, Budge & Bailey, Chartered O. Box 1391 201 E. Center Pocatello, ill 83204-1391 R. Scott Pasley, Asst. Gen. Counsel J .R. Simplot Company 999 Main Street, Ste. 1300 O. Box 27 Boise ill 83707-0027 Timothy J. Schurtz 411 S. Main Firth, ill 83236 Katie Iverson Brubaker & Associates 7244 W. Cordova Court Surprise, AZ 85387 Brad M. Purdy Attorney at Law 2019 N. 17th St. Boise, ill 83702 ~~~ James M. Van Nostrand