20100604Joint Motion for Extension.pdf

WELDON B. STUTZMAN (ISB No. 3283)
KRSTINE A. SASSER (lSB No. 6618)
DEPUTY ATTORNEYS GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
PILED-COPY
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Sup- E-io--ey~
LISA D. NORDSTROM (ISB No. 5733)
DONOVAN E. WALKER (ISB No. 5921)
IDAHO POWER COMPANY
PO BOX 70
BOISE, ID 83707
Telephone: [phone]
Facsimile: [phone]
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Attorneys for Respondents on Appeal,
Idaho Public Utilties Commission and
Idaho Power Company
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IN THE SUPREME COURT OF THE STATE OF IDAHO
ADA COUNTY HIGHWAY DISTRICT,
v.
)
) SUPREME COURT
) DOCKET NO. 37294-2010
)
)
)
)
) RESPONDENTS JOINT MOTION
) FOR EXTENSION OF TIME FOR
) FILING RESPONDENTS' BRIEFS
)
Petitioner-Appellant,
IDAHO PUBLIC UTILITIES COMMISSION
AND IDAHO POWER COMPANY,
Respondents on Appeal.
COMES NOW the Respondents on Appeal, Idaho Public Utilties Commission and
Idaho Power Company, and pursuat to Appellate Rules 34( e) and 46, respectfuly moves this
Cour for an extension of time in which to file Respondents' Briefs in this case. This Motion is
based upon the attached Affdavits of Krstine A. Sasser and Donovan E. Walker, counsels of
JOINT MOTION FOR EXTENSION
OF TIME TO FILE RESPONDENTS' BRIEFS 1
,
record in this appeal. The Commission asserts that there is good cause to grant the requested
extension of time.
Respectfully submitted this 3rd day of June 2010.
KRS~S~sa. ~~A
Deputy Attorney General
Attorney for Respondent on Appeal,
Idaho Public Utilities Commission
OVANE. WALKER
Attorney for Respondent on Appeal,
Idaho Power Company
JOINT MOTION FOR EXTENSION
OF TIME TO FILE RESPONDENTS' BRIEFS 2
,
State of Idaho )
) ss
)AFFIDAVIT OF KRISTINE A. SASSERCounty of Ada
KRISTINE A. SASSER, being duly sworn and deposed says:
1. I am counsel of record for the Idaho Public Utilties Commission in this matter,
and submit the following information in support of the Respondents Joint Motion for Extension
of Time to File Respondents' Briefs pursuant to IAR 34(e).
2. The due date for Respondent's Brief is curently June 18,2010.
3. The Appellant, Ada County Highway Distrct, requested and was granted a
twenty-one (21) day extension for fiing its Brief.
4. This is the Respondent's first request for an extension.
5. No requests for an extension of time have been denied.
6. An extension of the filing date for the Commission's Respondent Brief is
necessary to allow the Commission suffcient time to properly respond. This matter was
appealed to the Idaho Supreme Cour simultaneously by an additional pary (Docket No. 37294-
2010) with separate and distinct complex questions of regulatory law. As a result, counsel would
be unable to adequately respond to each appellant's brief within the 28-day timeframe provided
by IAR 34( c). Counsel is also curently involved in a general rate case proceeding and other
cases before the Commission that will require a significant time commitment during the next
thirty (30) days. Moreover, the curent state of the economy has caused the Office of the
Attorney General to impose fulough days, furter limiting counsel's abilty to properly respond.
7. The Commission requests a twenty-eight (28) day extension, making
Respondent's Brief due on July 16, 2010.
8. Appellant Ada County Highway District does not oppose this request for
extension of time.
9. If the Respondents are granted the extension requested above, this wil allow
sufficient time for the Commission to file its Respondent's Brief.
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Kr ine A. Sasser
Deputy Attorney General
Attorney for Respondent on Appeal,
Idaho Public Utilities Commission
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SUBSCRIBED AND SWORN to me this ,rzday of June 2010.
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~~Nota Public for Idoh'! Boise, Idao
My Commission expires S ( /;;1 t.
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LISA D. NORDSTROM (ISB No. 5733)
DONOVAN E. WALKER (ISB No. 5921)
Idaho Power Company
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
InordstromCâidahopower .com
dwalkerCâidahopower.com
Attorneys for Respondent Idaho Power Company
Street Address for Express Mail:
1221 West Idaho Street
Boise, Idaho 83702
IN THE SUPREME COURT OF THE STATE OF IDAHO
ADA COUNTY HIGHWAY DISTRICT, )
)Petitioner-Appellant, )
)v. )
)IDAHO PUBLIC UTILITIES COMMISSION )
and IDAHO POWER COMPANY, )
)Respondents on AppeaL. )
)
)
Supreme Court Docket No. 37294-
2010
AFFIDAVIT OF DONOVAN E.
WALKER IN SUPPORT OF IDAHO
POWER COMPANY'S
UNOPPOSED MOTION FOR
EXTENSION OF TIME FOR FILING
RESPONDENTS BRIEF
Donovan E. Walker, being first duly sworn upon oath, deposes and states as
follows:
1. I am an attorney of record for the Respondent, Idaho Power Company, in
the above-captioned action.
AFFIDAVIT OF DONOVAN E. WALKER IN SUPPORT OF IDAHO POWER COMPANY'S
UNOPPOSED MOTION FOR EXTENSION OF TIME FOR FILING RESPONDENTS BRIEF - 1
2. I am duly admitted to the practice of law before this Court and the courts
of the state of Idaho, and maintain offces at 1221 West Idaho Street, Boise, Idaho.
3. I have personal knowledge of the matters herein referred to and make this
Affdavit in support of Idaho Power Company's Unopposed Motion for Extension of Time
for Filing Respondent's Brief
4. Respondent's Brief is currently due June 18, 2010.
5. No previous extension of time has been granted.
6. No previous request for an extension of time has been denied.
7. The reasons or grounds why an extension is necessary are to allow Idaho
Power Company's lead counsel to attend three weeks of previously scheduled training.
8. This appeal wil ultimately decide whether the Idaho Public Utilities
Commission has lawfully acted within its authority when it issued Order Nos. 30853 and
30955. Given the serious nature of this matter, it deserves to be fully briefed with
adequate time.
9. Respondent requests a 28-day extension, which wil make July 16, 2010,
the date on which Respondent's Brief wil be due.
10. This request for extension of time has been discussed with counsel for
Appellants and the other Respondent. I am advised that none object to this request for
extension of time.
11. Respondent represents that its Respondent's Brief wil be filed no later
than July 16, 2010.
AFFIDAVIT OF DONOVAN E. WALKER IN SUPPORT OF IDAHO POWER COMPANY'S
UNOPPOSED MOTION FOR EXTENSION OF TIME FOR FILING RESPONDENTS BRIEF - 2
Further your affant sayeth naught.
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DONOVAN E. WALKER
STATE OF IDAHO )
) ss.County of Ada )
SUBSCRIBED AND SWORN before this 3rd day of June 2010.
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~-+å~~Notary Public for Idaho ~
Residing at Boise, Idaho
My commission expires on: 02/04/2015
AFFIDAVIT OF DONOVAN E. WALKER IN SUPPORT OF IDAHO POWER COMPANY'S
UNOPPOSED MOTION FOR EXTENSION OF TIME FOR FILING RESPONDENT'S BRIEF - 3
l
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 3RD day of June 2010, I served a tre and correct
copy of RESPONDENTS JOINT MOTION FOR EXTENSION OF TIME FOR FILING
RESPONDENTS' BRIEFS AND AFFIDAVITS OF KRSTINE A. SASSER AND
DONOVAN E. WALKER upon the following named paries by the method indicated below,
and addressed to the following:
Idaho Power Company
Lisa D. Nordstrom
Baron L. Kline
Idaho Power Company
PO Box 70
Boise, ID 83707-0070
E-mail: lnordstromtiidahopower.com
bklinetiidahopower.com
Building Contractors Association of
Southwestern Idaho
Michael C. Creamer
GIVENS PURSLEY, LLP
601 West Banock Street
P.O. Box 2720
Boise, Idaho 83701-2720
E-mail: mcctigivenspursley.com
Ada County Highway District
Merlyn W. Clark
D. John Ashby
HAWLEY TROXELL ENNIS &
HAWLEY,LLP
877 Main Street, Suite 1000
P.O. Box 1617
Boise, Idaho 83701-1617
E-mail mclarktihawleytroxell.com
j ashbytihawleytroxell.com
JOINT MOTION FOR EXTENSION
OF TIME TO FILE RESPONDENTS' BRIEFS 3
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