20100723Joint Motion to Suspend Appeal.pdf

DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERAL tOlD JUL 23
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,ID 83720-0074
[phone]
Idaho Bar No. 3366
E-mail: don.howell¡'puc.idaho.gov
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Attorney for the Respondent on Appeal,
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IN THE SUPREME COURT OF THE STATE OF IDAHO
IN THE MATTER OF THE ADJUSTMENT OF )
A VOIDED COST RATES FOR NEW PURPA )
CONTRACTS FOR A VISTA CORPORATION )
DBA A VISTA UTILITIES, IDAHO POWER )
COMPANY, AND PACIFICORP DBA ROCKY )MOUNTAIN POWER )
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WIND LAND, INC.,
Appellant,
v.
IDAHO PUBLIC UTILITIES COMMISSION,
Respondent on Appeal,
SUPREME COURT
DOCKET NO. 37854-2010
IPUC CASE NO. GNR-E-I0-0l
JOINT MOTION TO
SUSPEND APPEAL
COMES NOW the Appellant, Windland, Inc., and the Respondent on Appeal, the
Idaho Public Utilties Commission (collectively referred to as the "Parties"), through their
respective attorneys of record and respectfully move the Court to suspend this appeal pursuant to
Idaho Appellant Rule 13.2 for the reasons stated below.
JOINT MOTION TO SUSPEND APPEAL
STATEMENT IN SUPPORT OF MOTION
Windland and PacifiCorp dba Rocky Mountain Power are actively engaged in
negotiations to settle a related administrative action curently before the Commission in IPUC
case, No. PAC-E-IO-05. PacifiCorp is a supplier of electric service in Idaho and regulated by the
Public. Utilities Commission pursuat to Idaho Code §§ 61-119 and 61-129. If Windland and
PacifiCorp are able to settle their dispute in IPUC Case No. PAC-E- 1 0-05, the appeal in this case
would be avoided.
Based upon the foregoing, the Parties respectfully request that this appeal be
suspended for a period of ninety (90) days, including suspension of the preparation of the
agency's record on appeaL. Suspending the appeal wil allow Windland and PacifiCorp to
continue their settlement discussions and allow the agency to suspend preparation of the record
during settlement negotiations. Suspension wil also save the Parties time and resources. If
Windland and PacifiCorp are able to settle their dispute, the Paries wil promptly request that
this appeal be dismissed pursuant to i.A.R. 32(b). Conversely, if Windland and PacifiCorp are
unable to settle their dispute, the Paries wil timely advise the Cour so the Suspension can be
terminated.
REQUEST FOR RELIEF
The Paries respectfully move this Cour for an Order suspending this appeal for a
period of ninety (90) days pursuant to tA.R. 13.2. The Paries assert there is good cause for the
Court to suspend the appeal while Windland engages in settlement negotiations which may
negate this appeaL.
~RESPECTFULLY submitted this i~day of July 2010.
JOINT MOTION TO SUSPEND APPEAL 2
IDAHO PUBLIC UTILITIES COMMISSION
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Deputy Attorney General
RICHARSON & O'LEARY, PLLC
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Gregory M. Adams
Attorneys for Windland, Inc.
O:Supreme Court_GNR-E-lO-OI_Joint Motion to Suspend Appeal_dh
JOINT MOTION TO SUSPEND APPEAL 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 23RD DAY OF JULY 2010,
SERVED THE FOREGOING JOINT MOTION TO SUSPEND APPEAL, IN SUPREME
COURT DOCKET NO. 37854-2010, BY MAILING A COpy THEREOF, POSTAGE
PREPAID, TO THE FOLLOWING:
PETER J RICHARDSON
GREGORY ADAMS
RICHARDSON & O'LEARY
515 N 27TH STREET
PO BOX 7218
BOISE ID 83702
E-MAIL: peter(qrìchardsonaidoleary.com.
greg(qrichardsonandoleary.com
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SECRETARY