20111109SC Order for Remand.pdf

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IDAHO SUPREME COURT
Clerk of the Courts
[phone]
JEAN JEWELL, COMMISSION SECRETARY
STATEHOUSE MAIL
POBOX 83720
BOISE, ID 83720-0074
IDAMO COURT OF ApPEALS
P.O. Box 83720
Boise, Idaho 83720-0101
CLERK'S RECORDIRPORTER'S TRANSCRIPT SUSPENDED
Docket No. 39134-2011 CEDAR CREEK WID,
LLC v. PUBLIC
UTILITIES
COMMISSION
Idaho Public Utilties Commission
#PAC-E-II-0l/11-:02/11-03/11-04/1
1-05
The CLERK'S RECORDIRPORTER'S TRASCRIPT is SUSPENDED until fuher
notification from this office.
REASON FOR SUSPENSION: STIPULATED MOTION TO REMA!)."
For the Cour:
Stephen W. Kenyon
Clerk of the Cours
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11/07/2011
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In the Supreme Court of the State of Idaho
IN THE MATTER OF THE APPLICATION )
OF PACIFICORP DBA ROCKY MOUNTAI )
POWER FOR A DETERMINATION )
REGARING A FIRM ENERGY SALES )
AGREEMENT BETWEEN ROCKY )
MOUNTAIN POWER AND CEDAR CREEK, )
LLC (RATTLESNAK CANYON PROJECT )
(l1-01)/COYOTE HILL PROJECT )
(l1-02)/NORTH POINT PROJECT ) .
(11-03)/STEEP RIGE PROJECT )
(11-04)/FIVE PINE PROJECT(II-05)). )
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CEDAR CREEK WID, LLC,
Petitioner-Appellant,
v.
PUBLIC UTILITIES COMMISSION,
Respondent-Respondent on Appeal,
and
PACIFICORP dba ROCKY MOUNTAIN
POWER,
Respondent-Intervenor on Appeal.
ORDER GRATING STIPULATED
MOTION TO SUSPEND APPEAL AND
REMAD
Supreme Cour Docket No. 39134-2011
Idaho Public Utilties Commssion Nos.
PAC-E-II-0l/PAC-E-II-02/PAC-E-ll-
03/P AC-E-II-04/P AC-E-II-05
Ref. No. 11-534
A STIPULATED MOTION TO SUSPEND APPEAL AND REMAD TO THE
ADMINISTRATIVE AGENCY was filed by counsel for Respondent on Appeal on October 24,
2011, requesting that this Cour suspend the appeal in the above matter for the Commission to
reconsider its orders in light ofFERC's order; and to allow the paries an opportty to discuss the
possibility of settling the entire appeal. The Cour is fully advised; therefore, good cause appearing,
ORDER GRANTING STIPULATED MOTION TO SUSPEND APPEAL AND REMAD - Docket
No. 39134-2011
IT IS HEREBY ORDERED that the STIPULATED MOTION TO SUSPEND APPEAL
AND REMAND TO THE ADMINISTRATIVE AGENCY be, and hereby is, GRATED and this
case is SUSPENDED for a period of fort-five (45) days and REMANDED back to the Public
Utilties Commission for review.
IT FURTHER IS ORDERED that counsel for Respondent on Appeal shall REPORT TO
THIS COURT, IN WRITING regarding the status of ths appeal on or before December 27,2011.
DATED this ~day of November, 2011.
By Order of the Supreme Cour
cc: Counsel of Record
ORDER GRANTING STIPULATED MOTION TO SUSPEND APPEAL AND REMAND - Docket
No. 39134-2011