20110126Response to Monsanto's Motion.pdf

~ROCKY MOUNTAINPOER
A OlSlON OF PACIFlRP 201 South Main, Suite 2300
Salt Lake City, Utah 84111
Januar 26,2011
28U J~t~ 26 Pl1 4= 31
Via Hand Delivery
Jean D. Jewell
Commission Secretary
Idaho Public Utilties Commission
472 W. Washington
Boise, ID 83702
Re: Case No. PAC-E-IO-07 - Rocky Mountain Power's Response to Monsanto's
Motion for Leave to File Sur-Rebuttal Testimony
Dear Ms. Jewell:
Please find enclosed an original and seven (7) copies of Rocky Mountain Power's Response
to Monsanto's Motion for Leave to File Sur-Rebuttl Testimony. Electronic copies are
being served on the paries today
Please contact me directly at [phone] if you have questions or if! can be of further
assistace.
Very Truly,~///?~~
t,rDaniel E. Solander
cc: Service List
Enclosures
Mark C. Moench
Daniel E. Solander
201 South Main Street, Suite 2300
Salt Lake City, Utah 84111
Telephone No. [phone]
Facsimile No. [phone]
mark.moench~pacificorp.com
daniel.solander~pacificorp .com
Paul J. Hickey
Hickey & Evans, LLP
1800 Carey Avenue, Suite 700
P.O. Box 467
Cheyenne, WY 82003-0467
Ph. 307-634-1525
Fx. 307-638-7335
phickeYr0hickeyevans.com
Attorneys for Rocky Mountain Power
OORIGINAL
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i\lH Jp.~i ió
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE
APPLICATION OF ROCKY
MOUNTAIN POWER FOR
APPROVAL OF CHANGES TO ITS
ELECTRIC SERVICE SCHEDULES
AND A PRICE INCREASE OF $27.7
MILLION, OR APPROXIMATELY
13.7 PERCENT
)
) CASE NO. PAC-E-IO-07
)
)
) RESPONSE TO MONSANTO'S
) MOTION FOR LEAVE TO FILE
) SUR-REBUTTAL TESTIMONY
)
)
ROCKY MOUNTAIN POWER'S RESPONSE TO MONSANTO'S MOTION
TO FILE SUR-REBUTTAL TESTIMONY
Rocky Mountain Power hereby submits to the Idaho Public Utilities Commission
("Commission") its response to the Motion for Leave to File Sur-rebuttal Testimony fied by
Monsanto Company ("Monsanto") with the Commission on Januar 24, 2011. In support of its
response, Rocky Mountain Power states as follows:
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1. On January 24,2011, one week before the scheduled public hearings on Phase II
of Rocky Mountain Power's 2010 general rate case, Monsanto filed a Motion with the
Commission requesting an order allowing it to file attached sur-rebuttal testimony from two
witnesses, Brian Collins and Kathryn E. Iverson.
2. Monsanto also fied sur-rebuttal testimony In Phase I of this proceeding in
December which also was not provided for within the Commission's Scheduling Order or by the
Commission's Rules of Procedure.
3. Rocky Mountain Power respectfully suggests that the issue of sur-rebbuttal
testimony is better addressed within the Commission's Procedural Schedule Order. If addressed
in the scheduling order, and either expressly allowed or not allowed, parties concerns regarding
whether to fie or to object to such testimony can be avoided. Additionally, the imposition of
such late requests upon the Commission, and the time attendant to addressing such requests, can
also be avoided by considering the issue at the time that the Procedural Schedule Order is
entered.
4. Notwithstanding these observations, Rocky Mountain Power does not object to
the testimony fied by Monsanto in this proceeding, provided that it is granted the opportunity to
rebut the testimony fied by Monsanto on January 24, 2011.
5. Given the short timeframe, and the unavailability of two of its witnesses this week
to prepare written sur-surebuttal, if Monsanto's Motion is granted, Rocky Mountain Power
requests leave to file written sur-surebuttal testimony from Company witness Steven McDougal
on Jahuary 28, 2011, and fuher requests leave from the Commission to present live sur-
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surrebuttal testimony from Gregory Duvall and Paul Clements at the hearings beginning on
February 1,2011.
6. Rocky Mountain Power believes that allowing it an opportunity to rebut the sur-
rebuttal testimony fied by Monsanto on January 24, 2011, is necessary and consistent with
appropriate regard for due process as well as this Commission's practice.
WHEREFORE, Rocky Mountain Power respectfully requests the following:
1. Should the Commission grant Monsanto's Motion for Leave to File Sur-rebuttal
Testimony, that it also allow Rocky Mountain Power to file written sur-surrebuttal testimony
from. Steven McDougal on January 28, 2011, and to present live sur-surrebuttal testimony from
Gregory Duvall and Paul Clements at the public hearing beginning February 1,2011.
DATED this 24st day of January 2011.
Respectfully submitted,
ROCKY MOUNTAIN POWER
~.. /2#//
-fr P..'?,~ I ~/,,~eI£-
Mak C. Moench
Paul J. Hickey
Daniel E. Solander
Attorneys for Rocky Mountain Power
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