20100421Creamer Affidavit and Suggested Schedule.pdf

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Michael C. Creamer, ISB No. 4030
Michael P. Lawrence, ISB No. 7288
GIVENS PURSLEY LLP
601 W. Banock Street
P.O. Box 2720
Boise, Idaho 83701-2720
Telephone: [phone]
Facsimile: 208-388-1300
10495-2_848236_3
Attorneys for Petitioner/Appellant The Building
Contrctors Association of Southwester Idaho, Inc.
2010 APR 2\ AM 8: 26
S LJf -6-(0 -0\
5' ul - E - to -,,~
IN THE SUPREME COURT OF THE STATE OF IDAHO
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY TO
MODIFY ITS RULE H LINE EXTENSION
TARIFF RELATED TO NEW SERVICE
ATTACHMENTS AND DISTRffUTION
LINE INSTALLATIONS.
AFFIDAVIT OF MICHAEL C.
CREAMER IN SUPPORT OF
STIPULATED MOTION FOR
EXTENSION OF TIME FOR FILING
BRIEFS AND REQUESTED
SCHEDULE FOR BRIEFING
THE BUILDING CONTRACTORS
ASSOCIATION OF SOUTHWESTERN
IDAHO,
Supreme Cour Docket No. 37293-2010
Idaho Public Utilties commission No.
IPC-E-08-22
Petitioner-Appellant,
vs.
IDAHO PUBLIC UTILITES COMMISSION,
and
IDAHO POWER COMPANY,
Respondents on AppeaL.
AFIDAVI OF MICHAEL C. CREAMER IN SUPPORT OF STIULTED MOTION FOR EXTENSION OF
TIME FOR FILING BRIEFS AN REQUESTED SCHEDULE FOR BRIEFING - 1
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPAN TO
MODIFY ITS RULE H LINE EXTENSION
TARIFF RELATED TO NEW SERVICE
ATTACHMENTS AN DISTRIBUTION
LINE INSTALLATIONS.
ADA COUN HIGHWAY DISTRICT,
Petitioner-Appellant,
Supree Cour Docket No. 37294-2010
Idaho Public Utilties commssion No.
IPC-E-08-22
vs.
IDAHO PUBLIC UTILITES COMMISSION,
and IDAHO POWER COMPANY,
Respondents on Appea.
STATE OF IDAHO, )
) ss.
County of Ada. )
MICHAL C. CREAMER, being first duly sworn upon oath, depses and states as
follows:
1. I am the attorney of record in the above-captioned matter for Petitioner-Appellant
The Building Contractors Association of Southwester Idaho, Inc. ("Building Contrctors"). I
have personal knowledge of the matter set fort herein, and make this Affdavit in support of
the contemporaneously filed Stipulated Motion/or Extension o/Time/or Filng Briefs and
Requested Schedule/or Briefing.
2. In accordance with I.A.R. 34( e), I hereby state the following:
a. Building Contractors' Appellant's brief curently is due May 3,2010.
b. No previous extension of time has bee requested or grted.
AFFIDAVI OF MICHAEL C. CREAMR IN SUPPORT OF STIPULTED MOTION FOR EXTENSION OF
TIME FOR FILING BRIEFS AN REQUESTED SCHEDULE FOR BRIEFING - 2
c. No previous request for an extension of time has bee requested or dened.
d. An extension is necessar because my schedule, including a tral
scheduled for April 28-30, 2010, has not peritted adequate time to prepare Building
Contractors' Appellant's Brief. Ths appeal ultimately wil decide whether Idaho Power
Company's Rule H line extension taff apprved by the Idaho Public Utilities Commssion
("IPUC") is unlawfully discrminatory agaist new cutomers. The outcome will affect all Idaho
Power Company customer and the matter deseres to be fuly briefed with adequate time. In
addition, and as fuer discussed below, extending the time for filing Building Contractor's
Appellant's Brief will make its briefing schedule consistent with the extension oftime and
briefig schedule requested by Appellant Ada County Highway Distrct ("ACHD") and
stipulated to by Respondents Idaho Power Company and IPUC.
e. Building Contractors reuests a twenty-one (21) day extension, which will
make May 24,2010 the date on which its Appellant's Brief wil be due.
f. I have discussed ths request for extension of time with counsel for
Appellant ACHD and Respondents Idaho Power Company and IPUC, and they are wiling to
stipulate to the extension and to the proposed briefing schedule set fort below. I am advised
that Appellant ACHD similarly requests a 21-day extension of time in which to file its
Appellant's Brief due to scheduling issues, to which Respondents IPUC and Idaho Power
Company also are wiling to stipulate. I fuer am advised that counel for Idaho Power, Lisa
Nordstrm, wil be out of town for training for approximately three weeks durig the month of
June. For puroses of keeping the same briefing schedule for the two consolidated appeals, and
AFFIDAVIT OF MICHAEL C. CREAMER IN SUPPORT OF STIPULTED MOTION FOR EXTESION OF
TIM FOR FILING BRIEFS AN REQUESTED SCHEDULE FOR BRIEFING - 3
for purses of allowing all pares adequate time for briefing, it is respectfully submitted that the
following schedule apply to each Appellants' Brief and each Resndents' Brief:
1. Each Appellant's Brief will be due May 24,2010;
11. Each Respondent's Brief wil be due July 9,2010;
11. Any Reply Briefwil be due as per the standard deadline set fort in
LA.R. 34( c).
g. Counsel for all paries have agreed to Building Contrctor's reuested
extenion of time and the requested briefig schedule set fort above, and all paes fuher
represent that their respective briefs wil be filed by the dealines set fort above.
FURTHER YOUR AFFIANT SAYETH NAUG
.............
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SUBSCRfED AND SWORN TO before me this aD +~ay of April, 2010.6~cZ~
Nota Public for Idàh
Residing at: ßoi . ~
My Commission Expires: 'Jr êlo I 0
AFFIDAVIT OF MICHAL C. CREAMER IN SUPPORT OF STIPULATED MOTION FOR EXTENSION OF
TIE FOR FILING BRIEFS AN REQUESTED SCHEDULE FOR BRIFING - 4
CERTIFICATE OF SERVICEti
i hereby cerify that on ths ~ day of April, 2010, I caused to be sered a tre and
correct copy of the foregoing by the method indicated below, and addrssed to the following:
Weldon Stutzan
Knstine A. Sasser
Deputy Attorneys General
Idaho Public Utilities Commission
472 W. Washigton
PO Box 83720
Boise, ID 83720-0074
Weldon.StutzanW2uc.idaho.gov
krs.sasserW2uc.idaho. gov
Lawrce G. Wasen
Attorney Gener
Statehouse
POBox 83720
Boise,ID 83702-0010
Lisa D. Nordstrom
Baron L. Kline
Idaho Power Company
1221 W. Idaho St.
POBox 70
Boise,ID 83707-0070
InordstromØ2idahopower.com
bklineØ2idahopower.com
Jean D. Jewell
Commission Secetar
Idaho Public Utilties Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
U.S. Mail, postage prepaid
Express Mail
Hand Deliver
Facsimile
Electonic Mail
U.S. Mail, postage prepaid
Express Mail
Hand Deliver
Facsimile
Electrnic Mail
U.S. Mail, postage prepaid
Express Mail
Hand Deliver
Facsimile
Electrnic Mail
U.S. Mail, postage prepaid
Express Mail
Hand Deliver
Facsimile
Electronic Mail
AFFIDAVIT OF MICHAEL C. CREAMER IN SUPPORT OF STIPULTED MOTION FOR EXTENSION OF
TIME FOR FILING BRIEFS AN REQUESTED SCHEDULE FOR BRIEFING - 5
Merlyn W. Clark
D. John Ashby
Hawley Troxell Enns & Hawley LLP
877 Main Street, Ste. 1000
PO Box 1617
Boise, ID 83701 -1617
mclarkcaawleytoxell.com
iashby(awleytoxell.com
Attorneys for Appellant Ada County Highway District
u.s. Mail, postage preaid
Express Mail
Hand Deliver
Facsimile
Electrnic Mail
~/rtkMichael C. Creamer
AFFIDAVIT OF MICHAEL C. CREAMER IN SUPPORT OF STIPULTED MOTION FOR EXTENSION OF
TIE FOR FILING BRIEFS AN REQUESTED SCHEDULE FOR BRIEFING - 6