20110425Respondents' Joint Motion to Strike.pdf

~e
KRSTINE A. SASSER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITæS COMMISSION
PO BOX 83720
BOISE,ID 83720-0074
TEL: [phone]
IDAHO BAR NO. 6618
LISA D. NORDSTROM
DONOVAN E. WALKER
IDAHO POWER COMPANY
PO BOX 70
BOISE, ID 83707-0070
TEL: [phone]
IDAHO BAR NOS. 5733 and 592 i
e
RECEIVED
lOll APR 25 PH~: ~2
Sup-E--IO-OI
Attorneys for Respondents on Appeal,
Idaho Public Utilities Commission and
Idaho Power Company
IN THE SUPREME COURT OF THE STATE OF IDAHO.
BUILDING CONTRACTORS ASSOCIATION )
OF SOUTHWESTERN IDAHO, )
)Petitionerl Appellant, )
)v. )
)
IDAHO PUBLIC UTILITIES COMMISSION, )
)
Respondent on Appeal, )
)and )
)IDAHO POWER COMPANY, )
)
RespondentlRespondent on AppeaL. )
SUPREME COURT
DOCKET NO. 37293-2010
RESPONDENTS' JOINT
MOTION TO STRIKE
APPELLANT'S
AUGMENTATION OF
BRIEFS
Pursuant to Idaho Appellate Rule 32(c), the Idaho Public Utilities Commission (PUC)
and Idaho Power Company respectfully move this Cour to strke the augmentation of briefs fied
with this Cour by Building Contractors Association (BCA) on April 12,2011.
RESPONDENTS' JOINT MOTION
TO STRIKE APPELLANT'S
AUGMENT A nON OF BRIEFS 1
e e
Pursuant to Idaho Appellate Rule 34(t)(l), BCA augmented its brief with three
decisions issued by the PUC in 1987, 1993 and 1997. Uncertified copies of the decisions were
included by BCA "for the Cour's convenience." Augment at 3. Rule 34(t)(l) clearly states that
"any pary may supplement his brief by the citation of additional authority, identifying the issue
on appeal to which it pertains, without written comment thereon. ..." (Emphasis added). BCA did
not provide the "citations" to these old decisions (all older than 14 years).
i BCA's augmentation
to its brief is nothing more than a thinly veiled attempt to present additional argument regarding
its entitlement to intervenor funding. Because the PUC Orders cited by BCA were all issued
more than a decade ago, BCA had ample opportunity to include these citations and arguments in
proceedings before the PUC; in its initial brief to this Cour fied on May 24, 2010; in its reply
brief fied on August 6, 2010; or during its oral argument held on April 5, 2011.
BCA's "augmentation" falls more appropriately under the parameters of Rule 34(t)(2)
which requires "a showing of good cause why the material had not been included in the prior
brief' and allows adverse paries to file a reply. Consequently, BCA's augmentation should not
be considered by the Cour absent a showing of good cause why the Commission Orders were
not included by BCA until after oral argument.
i In Re Idaho Power Company (Order No. 24941), 143 P.D.R. 4th 570 (1993), 1993 WL 328092 (Idaho PUC); InRe
General Tele. Co. of the Northwest (Order No. 21513) has no citation to a reporter system; In Re Idaho Power
Company (Order No. 27267) has no citation to a reporter system.
RESPONDENTS' JOINT MOTION
TO STRIKE APPELLANT'S
AUGMENTATION OF BRIEFS 2
e e
Submitted on behalf of the Idaho Public Utilities Commission and Idao Power
/)jSiiCompany this p( day of April 2011.
O:BCA_Joint Motion to Strike_ks
RESPONDENTS' JOINT MOTION
TO STRIKE APPELLANT'S
AUGMENTATION OF BRIEFS 3
~á.~JII
INE A. SASSER
Deputy Attorney General
Attorney for Respondent on Appeal,
Idaho Public Utilities Commission
oGl£2~LISA D. NORDST OM
Attorney for Respondent on Appeal,
Idaho Power Company
I ..e e
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 25TH DAY OF APRIL 2011,
SERVED THE FOREGOING RESPODENTS' JOINT MOTION TO STRIKE
APPELLANT'S AUGMENTATION OF BRIEFS IN SUPREME COURT DOCKET NO.
37293-2010, BY MALING TWO COPIES THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
LISA D. NORDSTROM
DONOVAN E. WALKER
IDAHO POWER COMPANY
1221 W. IDAHO STREET
PO BOX 70
BOISE, ID 83707-0070
MICHAL C. CREAMER
MICHAEL P. LAWRNCE
GIVENS PURSLEY LLP
601 W. BANNOCK STREET
PO BOX 2720
BOISE, ID 83701-2720
~~
SECRETARY
CERTIFICATE OF SERVICE