20130529SC Order Granting Motion for Permissive Appeal.pdf

In the Supreme Court of the State of Idaho
N THE MATTER Of THE MOTION FOR )
PERMISSIVE APPEAL.)
__________________________________________________________________________
)
NEW ENERGY TWO,LLC,an Idaho limited )ORDER
liability company;NEW ENERGY,LLC,an )
Idaho limited liability company,)Supreme Court Docket No.40882-2013
)Idaho Public Utilities Commission No.
Petitioner,)IPC-E-I 2-25/IPC-E-12-26
)
v.)Ref.No.13-220
)
IDAHO PUBLIC UTILITIES COMMISSION,)
)
Respondent,)
)and )
)
IDAHO POWER COMPANY,)
)
Real Party in Interest.)
1.A MOTION FOR PERMISSIVE APPEAL with attachments,was filed by counsel for
Petitioners on April 17,2013,requesting permission to appeal,under Idaho Appellate
Rule 12(c),the denial of (1)Order No.32755 issued by Idaho Public Utilities
Commission in Case Nos.IPC-E-12-25 and IPC-E-l2-26 (consolidated)denying
Petitioner’s Motion to Dismiss on jurisdictional grounds;and (2)Order No.32780
denying Appellant’s Motion for Permission to Appeal the denial of the petitioner’s
Motion to Dismiss in the same proceedings.
2.A PETITION CHALLENGING IDAHO PUBLIC UTILITIES COMMISSION ORDER
NOS.32755 AND 32780,PETITION FOR WRIT Of PROHIBITION,AND REQUEST
FOR INJUNCTIVE/STAY RELIEF was filed by counsel for the Petitioners on April 18,
2013.
3.IDAHO POWER COMPANY’S PETITION TO INTERVENE AND
OBJECTION/OPPOSITION TO NEW ENERGY’S MOTION FOR PERMISSIVE
APPEAL,PETITION FOR WRIT OF PROHIBITION,AND REQUEST FOR
INJUNCTIVE/STAY RELIEF was filed by counsel for Real Party in Interest Idaho
Power Company on May 1,2013.
ORDER —Docket No.40882-2013
4.IDAHO PUC’S ANSWER OPPOSING NEW ENERGY’S MOTION FOR
PERMISSIVE APPEAL,AND PETITION FOR WRIT OF PROHIBITION AND
REQUEST FOR INJUNCTIVE/STAY RELIEF,with attachments,was filed by counsel
for Respondent Idaho Public Utilities Commission on May 1,2013.
5.A RESPONSE OF NEW ENERGY TWO,LLC AND NEW ENERGY THREE,LLC TO
IDAHO POWER COMPANY’S PETITION TO INTERVENE AND
OBJECTION/OPPOSITION TO NEW ENERGY’S MOTION FOR PERMISSIVEAPPEAL,PETITiON FOR WRIT OF PROHIBITION,AND REQUEST FORINJUNCTIVE/STAY RELIEF was filed by counsel for Petitioners on May 15,2013.
The Court is fully advised;therefore,good cause appearing,
IT HEREBY IS ORDERED that the PETITION FOR WRIT OF PROHIBITION be,and
hereby is,DENIED.
IT FURTHER 1$ORDERED that Petitioners’MOTION FOR PERMISSIVE APPEAL be,
and hereby is,GRANTED and Petitioners are granted leave to appeal by permission from the denial
of Order No.32755 issued by Idaho Public Utilities Commission in Case Nos.IPC-E-12-25 and
IPC-E-12-26 (consolidated)denying Petitioner’s Motion to Dismiss on jurisdiction grounds and
Order No.32780 denying Appellant’s Motion for Permission to Appeal the denial of the petitioner’s
Motion to Dismiss in the same proceedings.
IT FURTHER ORDERED that counsel for Petitioners shall file a Notice of Appeal with the
Idaho Public Utilities Commission within twenty-one (21)days from the date of this Order,which
appeal shall proceed as if from a final judgment.
IT FURTHER IS ORDERED that idaho Power Company shall be the Respondent in this
appeal and the Idaho Public Utilities Commission is not a party to the appeal and the caption in this
mailer shall be AMENDED as follows:
IN THE MATTER OF THE MOTION FOR PERMISSIVE APPEAL.
NEW ENERGY TWO,LLC,an Idaho limited liability company;NEW ENERGY,LLC,an Idaho limited liability company,
Petitioners,
V.
IDAHO POWER COMPANY
Respondent.
ORDER —Docket No.408$2-2013
IT FURTHER IS ORDERED that the Idaho Public Utilities Commission’s request for
attorney fees be,and hereby is,DENIED.
DATED this
_______
day of May,2013.
By Order of the Supreme Court
f1
Stephen W.I<enyon,C1&&
cc:Counsel of Record
Public Utilities Commission Secretary
ORDER —Docket No.40882-2013