20211117Affidavit ISO Appellant Stipulated Motion for Extension.pdf

Gregory M. Adams (lSB No. 7454)
Peter J. Richardson (ISB No. 3195)
Richardson Adams, PLLC
515 N.27th Street
Boise, Idaho 83702
Telephone : (208) 93 I -223 6
Fax: [phone]
gr e g@r ichards o nadam s. c om
peter@richardsonadams. com
Attorneys for Petitioner-Appellant Coleman Hydroelectric, LLC
IN THE SUPREME COURT OF THE STATE OF IDAHO
In the Matter of the Application of Idaho Power)
Company for approval or rejection of an energy)
sales agreement with Coleman
Hydroelectric LLC, for the sale and
purchase ofelectric energy from the
Coleman Hydro Project.
AFFIDAVIT OF GREGORY M. ADAMS IN
SUPPORT OF APPELLANT COLEMAN
HYDROELECTRIC, LLCOS STIPULATED
MOTION FOR EXTENSION OF TIME TO
FILE APPELLANT'S BRIEF
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COLEMAN HYDROELECTRIC, LLC
Petitioner-Appellant,
Supreme Court Docket No. 48812-2021
V
IDAHO PUBLIC UTILTIES COMMISSION
Respondent-Respondent on Appeal,
and
IDAHO POWER COMPANY,
Intervenor, Respondent.
Public Utilities Commission No.
IPC-E-20-27
STATE OF IDAHO,
SS
County of Ada
I, Gregory M. Adams, being hrst duly sworn on oath, depose and say:
AFFIDAVIT OF GREGORY M. ADAMS IN SUPPORT OF APPELLANT COLEMAN
HYDROELECTRIC, LLC'S STIPULATED MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT'S BRIEF. I
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Electronically Filed11/17/2021 4:45 PMIdaho Supreme CourtMelanie Gagnepain, Clerk of the CourtBy: Brad Thies, Deputy Clerk
l. I am the attomey of record for Appellant Coleman Hydroelectric, LLC. I have personal
knowledge of the matters set forth herein, and I make this Affidavit in support of the
contemporaneously filed Appellant's Motion for Extension of Time to File Appellant's Brief.
2. In accordance with Idaho Appellate Rule 34(d), I state the following:
l) Appellant's Brief is currently due November 18, 2021.
2) Appellant previously requested, and the Court granted, a 35-day extension of time
to file Appellant's brief from October 14,2021, to November 18, 202L
3) No previous requests for extension of the due date for Appellant's Brief have
been denied or denied in part.
4) The Court previously granted an extension of time until November I 8,2021, in
order to preserve the status quo while the parties complete settlement discussions
which could ultimately obviate the need for the Court to address the merits of this
appeal. The parties remain engaged in settlement discussions, and the instant
request for an extension is intended to continue to preserve the status quo while
the parties complete settlement discussions. If such discussions lead to a final
agreement, the parties anticipate filing a motion to stay the appeal pending
approval of a settlement by the ldaho Public Utilities Commission, but at this time
the parties have been unable to complete settlement discussions. If the parties are
unable to finalize a settlement, the appeal would move forward.
5) Appellant requests an extension of 35 days, which would make Appellant's Brief
due by December 23,2021.
6) All parties stipulate to the proposed extension of time.
AFFIDAVIT OF GREGORY M. ADAMS IN SUPPORT OF APPELLANT COLEMAN
HYDROELECTRIC, LLC'S STIPULATED MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT'S BRIEF - 2
7) Attorney for Respondent ldaho Public Utilities Commission, John R. Hammond,
Jr., and attorney for Intervenor-Respondent Idaho Power Company, Donovan E.
Walker, have each communicated to the undersigned attomey that those parties
support this requested extension of time and have signed the stipulated motion.
8) At this point, Appellant's Brief is nearly complete, and it would be filed promptly
should it ultimately be necessary for the appeal to move forward.
FURTHER YOUR AFFIANT SAYE AUGHT
M. Adams (ISB No. 7454)
SUBSRIBED AND S RN
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this [7'day of November 2021
c N the State of Idaho
Residing at \ rnø-.fl )
My Commission I öllvls3t,
or
AFFIDAVIT OF GREGORY M. ADAMS IN SUPPORT OF APPELLANT COLEMAN
HYDROELECTRIC, LLC'S STIPULATED MOTION FOR EXTENSION OF TIME TO FTLE
APPELLANT'S BRIEF - 3
Public
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on tnirffiyof Novemb er,2021, a true and correct copy
of the foregoing AFFIDAVIT OF GREGORY M. ADAMS IN SUPPORT OF APPELLANT
COLEMAN HYDROELECTRICO LLC'S STIPULATED MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT'S BRIEF were served upon opposing counsel as follows:
JOHN R. HAMMOND, JR. (ISB No. 5470 )
Deputy Attorney General
Idaho Public Utilities Commission
P.O. Box 83720
Boise, Idaho 837 20-007 4
Telephone: [phone]
Fax: 208.33 4.37 62
Email: [e-mail]
DONOVAN E. WALKER (ISB No. 5921)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone] I 7
Fax: [phone]
Email : [e-mail]
US Mail
Personal DeliveryX Email/I-Court
US Mail
Personal DeliveryX Email/l-Court
By
M. Adams (ISB No. 7454)
for Petitioner-Appellant
AFFIDAVIT OF GREGORY M. ADAMS IN SUPPORT OF APPELLANT COLEMAN
HYDROELECTRIC, LLC'S STIPULATED MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT'S BRIEF - 4
A