20050610Motion vacate prefile di test date.pdf

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L_~SCOTT D. WOODBURY
KIRA DALE PFISTERER
DEPUTY ATTORNEYS GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] AND [phone]
IDAHO BAR NO. 1895 AND 6571
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!DJ\liO PUBLIC
UftLtTiES COrlr1/SSI0N
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorneys for the Comm ission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF P ACIFICORP DBA UTAH POWER &
LIGHT COMPANY FOR AUTHORITY TO
INCREASE ITS RATES FOR ELECTRIC
SERVICE TO ELECTRIC CUSTOMERS
THE STATE OF IDAHO.
COMMISSION STAFF MOTION
TO VACATE PREFILE DIRECT
TESTIMONY DATE
CASE NO. P AC-O5-
Pursuant to Commission Rule of Procedure 256., Staff for the Public Utilities
Commission files this Motion for an Order from the Commission Vacating the Prefile Direct
Testimony Date of June 17, 2005 in order for the Parties to continue intensive settlement
negotiations.
BACKGROUND
On January 15, 2005 , PacifiCorp dba Utah Power & Light Company filed an
Application for authority to increase the Company s general rates for electric service by an
average of 12.5%. The following parties requested and were granted Intervention: Monsanto
Company; Idaho Irrigation Pumpers Association, Inc.; Agrium, Inc.; J.R. Simplot Company;
Community Action Partnership Association of Idaho; and Timothy Shurtz. On March 16, 2005
the Commission issued Notices of Scheduling and Hearing. Pursuant to this schedule, the Staff
and Intervenor deadline for prefiling testimony and exhibits is June 17, 2005. Rebuttal testimony
and exhibits are then due on July 12, 2005, and the technical hearing is scheduled for August 2
, 2005. -
COMMISSION STAFF MOTION
TO VACATE PREFILE DIRECT
TESTIMONY DATE
Following a May 4, 2005 Notice of Staff Intent to Engage in Settlement Discussions
(IDAPA 31.01.01.272), representatives of the Parties met on May 16 and engaged in initial
discussions to negotiate a possible settlement in this case. The Parties have pursued these
discussions in earnest and have come to an agreement in principle. Nonetheless, the Parties are
not yet ready to file a Stipulation with the Commission. In order to allow the Parties more time
to negotiate a possible Stipulation, Staff now seeks an Order from the Commission vacating the
direct testimony prefile date of June 17, 2005.
The facts in support of expeditious relief include those above. Specifically, Staff
needs additional time to reach a settlement that, by all indications, appears forthcoming.
Attempts were made on Friday, June 10, 2005 , to contact a representative of each Party via
telephone pursuant to Commission Rule 256.02. In addition, on June 10, 2005 , the Motion was
sent to each Party via e-mail.
In the event a settlement is reached and the Parties file a Stipulation with the
Commission by 5:00 p.m. Monday, June 13, 2005, the Commission Staff requests that the
Commission consider what procedures it will follow in its consideration of the proposed
settlement. Pursuant to Rule 274 of the Commission s Rules of Procedure
, "
when a settlement
be it active or passive, is presented to the Commission, the Commission will prescribe
procedures appropriate to the nature of the settlement to consider the settlement." The
Commission is not bound by settlements, and the proponents of a proposed settlement carry the
burden of showing that the settlement is reasonable, in the public interest or otherwise in
accordance with law or regulatory policy. IDAP A 31.01.01.274 and 275.
Respectfully submitted this I~ day of June 2005.
~(). ~,-
Kira Dale Pfisterer
Scott Woodbury
Deputy Attorneys General
N:P ACEO50 1- kdp _Motion
COMMISSION STAFF MOTION
TO V A CA TE PREFILE DIRECT
TESTIMONY DATE
CERTIFICA TE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 10TH DAY OF JUNE 2005
SERVED THE FOREGOING COMMISSION STAFF TO VACATE PREFILE DIRECT
TESTIMONY DATE IN CASE NO. PAC-05-, BY MAILING A COpy THEREOF
POSTAGE PREP AID, TO THE FOLLOWING:
JOHN STEWART
ACIFICORP
201 S MAIN ST., SUITE 2300
SALT LAKE CITY, UT 84140
MAIL: iohn.stewart2~pacificorp.com
DATA REQUEST RESPONSE CENTER
ACIFICORP
825 NE MUL TNOMAH SUITE 800
PO R TLAND OR 97232
MAIL: datarequest~pacificorp.com
ANTHONY Y ANKEL
29814 LAKE ROAD
BAY VILLAGE OH 44140
E- MAIL: ton y~yankel. com
JAMES R SMITH
MONSANTO COMPANY
PO BOX 816
SODA SPRINGS ID 83276
MAIL: iim.r.smith~monsanto.com
DENNIS E PESEAU
UTILITY RESOURCES INC
1500 LIBERTY ST SE
SUITE 250
SALEM OR 97302
MAIL: Qpeseau~excite.com
JAMES M. VANNOSTRAND
STOEL RIVES LLP
900 SW FIFTH AVE SUITE 2600
PORTLAND OR 97204
MAIL: imvannostrand~stoel.com
ERIC L OLSEN
RACINE OLSON NYE BUDGE
& BAILEY, CHARTERED
PO BOX 1391
POCATELLO ID 83204-1391
MAIL: elo~racinelaw .net
RANDALL C. BUDGE
RACINE OLSON NYE BUDGE
& BAILEY, CHARTERED
PO BOX 1391
POCATELLO ID 83204-1391
MAIL: rcb~racinelaw.net
CONLEY E WARD
GIVENS PURSLEY LLP
601 W BANNOCK ST
PO BOX 2720
BOISE ID 83701-2720
MAIL: cew~givenspursley.com
BRAD M. PURDY
ATTORNEY AT LAW
2019 N 17TH STREET
BOISE ID 83702
MAIL: 1mwurdy~hotmail.com
CERTIFICATE OF SERVICE
R. SCOTT PASLEY
ASSISTANT GENERAL COUNSEL
J R SIMPLOT COMPANY
999 MAIN ST (83702)
PO BOX 27
BOISE ID 83707
MAIL: ~asley~simplot.com
DAVID HAWK, DIRECTOR
ENERGY NATURAL RESOURCES
J R SIMPLOT COMPANY
999 MAIN ST (83702)
PO BOX 27
BOISE ID 83707
MAIL: dhawk~simplot.com
TIMOTHY J SHURTZ
411 S MAIN
FIRTH ID 83236
MAIL: tim~idahosupreme.com
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SECRETARY
CERTIFICATE OF SERVICE