20131016Walker Affidavit in Support of Motion.pdf

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DONOVAN E.WALKER (ISB No.5921)20 3 OCT 1 5 3:02
Idaho Power Company
1221 West Idaho Street ($3702)4
P.O.Box 70 ;.
Boise,Idaho 83707
Telephone:[phone] p_f__13G I
Facsimile:[phone]
[e-mail]
Attorney for Respondent Idaho Power Company
IN THE SUPREME COURT OF THE STATE Of IDAHO
NEW ENERGY TWO,LLC,an Idaho limited )
liability company;NEW ENERGY THREE,)
LLC,an Idaho limited liability Company,)SUPREME COURT
)DOCKET NO.40882-2013
Petitioner-Appellants,)
)Idaho Public Utilities Commission Case
v.)Nos.IPC-E-12-25 and IPC-E-12-26
)
IDAHO POWER COMPANY,)AFFIDAVIT OF DONOVAN E.
)WALKERINSUPPORTOF
Respondent,)UNCONTESTED JOINT MOTION
)TO EXTEND TIME FOR FILING
and )RESPONDENTS’BRIEFS
)
IDAHO PUBLIC UTILITIES COMMISSION,)
)
Intervenor-Respondent.)
_____________________________________________________________________________________
)
STATE OF IDAHO )
)ss.
County of Ada )
DONOVAN E.WALKER,being duly sworn and deposed says:
This Affidavit accompanies the Uncontested Joint Motion to Extend Time for Filing
Respondents’Briefs dated October 15,2013.In accordance with Idaho Appellate Rules 32,
34(e),and 46,counsel for Idaho Power Company submits this supporting affidavit.
AFFIDAVIT OF DONOVAN E.WALKER iN SUPPORT Of UNCONTESTED
JOINT MOTION TO EXTEND TIME FOR FILING RESPONDENTS’BRIEFS -
1.The date the Respondent Idaho Power Company’s (Idaho Power”)and the
Intervenor-Respondent Idaho Public Utilities Commission’s (collectively the “Respondents”)
briefs are due:October 23,2013.
2.The number of extensions of time previously granted:None.
3.Whether any previous request for extension of time has been denied:None.
4.The reason or grounds why an extension is necessary:Because of numerous
scheduling conflicts,including Idaho Power’s counsel being out of town,Respondents seek
additional time with which to file their briefs.Given the two-week extension previously granted
to Appellant modifying the previous schedule,the October 23,2013,due date now conflicts with
previously scheduled time when Idaho Power’s counsel is unavailable.Respondents seek a two-
week extension of time in which to file Respondents’Briefs.
5.The number of days of extension deemed necessary and the date on which the
brief would become due:A fourteen-day extension with the Respondents’briefs due on
November 6,2013.
6.Whether there has been any stipulation of the parties for this Motion:All parties
have stipulated to this Uncontested Joint Motion to Extend Time for Filing Respondents’Briefs.
7.The position of the opposing party concerning the application for extension:
Counsel for New Energy Two,LLC,and New Energy Three,LLC (“New Energy”)has agreed
through e-mail communications to this Uncontested Joint Motion requesting an additional
fourteen (14)days for Respondents’to file their responsive briefs;i.e.,until November 6,2013.
Counsel for the Idaho Public Utilities Commission also consents and joins this Uncontested Joint
Motion.
AFFIDAVIT OF DONOVAN F.WALKER IN SUPPORT OF UNCONTESTED
JOINT MOTION TO EXTEND TIME FOR FILING RESPONDENTS’BRIEFS -2
8.What assurance there is that the briefs will be filed within extended time
requested:Respondents request this short extension for filing their briefs so that they may
appropriately respond to the arguments contained in New Energy’s Brief and resolve other
scheduling conflicts.The issues and record for this matter is limited in nature,and with the
resolution of conflicts in schedules afforded by this requested extension,Respondents’Briefs
will be submitted no later than November 6,2013.
Consequently,the parties believe there is good cause to grant the Uncontested Joint
Motion to Extend Time for Filing the Respondents’Briefs until November 6,2013.
Further your affi ant sayeth not.
DATED and CERTIFIED this 15th day of October 2013.
-7-//—-?‘
-
bONOVAN E.WALKER
Attorney for Idaho Power Company
Cci
Notary Public for Idaho 1
Residing at Boise,Idaho --
My commission expires on:02/04/20 15
AFFIDAVIT Of DONOVAN F.WALKER IN SUPPORT Of UNCONTESTED
JOINT MOTION TO EXTEND TIME FOR FILING RESPONDENTS’BRIEFS -3
SUBSCRIBED AND SWORN before this 15th day of October 2013
CERTIFICATE Of SERVICE
I HEREBY CERTIFY that on this 15th day of October 2013 I served a true and correct
copy of the AFFIDAVIT OF DONOVAN E.WALKER IN SUPPORT OF UNCONTESTED
JOINT MOTION TO EXTEND TIME FOR FILING RESPONDENTS’BRIEFS upon the
following named parties by the method indicated below,and addressed to the following:
Jean D.Jewell,Secretary X Hand Delivered
Idaho Public Utilities Commission U.S.Mail
472 West Washington Street (83702)
____
Overnight Mail
P.O.Box 83720
___
FAX
Boise,Idaho 83720-0074 X Email [e-mail]
Donald L.Howell,II,Lead Deputy Attorney General X Hand Delivered
D.Neil Price,Deputy Attorney General
____
U.S.Mail
Idaho Public Utilities Commission
_____
Overnight Mail
472 West Washington (83702)
____
FAX
P.O.Box $3720 X Email don.howell(puc.idaho.gov
Boise,Idaho 83720-0074 neil.price(puc.idaho.gov
Attorneys for Intervenor-Respondent Idaho Public
Utilities Commission
Angelo L.Rosa
____
Hand Delivered
1168 East 1700 South X U.S.Mail
Salt Lake City,Utah 84105
____
Overnight Mail
____
FAX
Attorney for Petitioner-Appellants New Energy Two,X Email arosa(exergydevelopment.com
LLC,and New Energy Three,LLC
16novan I.Walker
AFFIDAVIT OF DONOVAN I.WALKER IN SUPPORT OF UNCONTESTED
JOINT MOTION TO EXTEND TIME FOR FILING RESPONDENTS’BRIEFS -4