20211117Appellant 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 : [phone]
Fax: [phone]
gr e g@r ichards onadam 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.
COLEMAN HYDROELECTRIC, LLC
Petitioner-Appellant,
Supreme Court Docket No. 48812-2021
Public Utilities Commission No
tPC-E-20-27
IDAHO PUBLIC UTILTIES COMMISSION
Respondent- Respondent on Appeal,
and
IDAHO POWER COMPANY,
Intervenor, Respondent.
Pursuant to Idaho Appellate Rules 32 and 34(d), Appellant Coleman Hydroelectric, LLC
respectfully moves for an extension of time of 35 days for the due date to file Appellant's Brief,
which would move the due from November I 8,2021, to December 23,2021.
This Motion is supported by the concurrently filed Affidavit of Gregory M. Adams,
which addresses the eight factors set forth in Idaho Appellate Rule 34(d). As stated in the
APPELLANT COLEMAN HYDROELECTRIC, LLC'S STIPULATED MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT'S BRIEF - I
APPELLANT COLEMAN
HYDROELECTRIC, LLC'S STIPULATED
MOTION FOR EXTENSION OF TIME TO
FILE APPELLANT'S BRIEF
v
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Electronically Filed11/17/2021 4:45 PMIdaho Supreme CourtMelanie Gagnepain, Clerk of the CourtBy: Brad Thies, Deputy Clerk
Affidavit, the parties remain engaged in settlement discussions and the requested extension is
intended to preserve the status quo while the parties complete settlement discussions that could
ultimately obviate the need for the Court to address the merits of this appeal. 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 Idaho 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. Because Appellant's Brief is nearly complete, it
would be hled promptly should it ultimately be necessary for the appeal to move forward.
Counsel for the only other parties to this appeal, Respondent Idaho Public Utilities
Commission and Intervenor-Respondent ldaho Power Company, each support and stipulate to
this requested extension of time.
For the reasons set forth above and in the supporting Affidavit, Appellant Coleman
Hydroelectric, LLC respectfully moves the Court for an order granting an extension of time of 35
days to file Appellant's Brief, from November 18, 2021, to December 23,2021.
DATED: November f,ron
M. Adams (ISB No. 7454)
J. Richardson (ISB No.3l95)
Richardson Adams, PLLC
515 N. 27th Street
Boise, Idaho 83102
Telephone: [phone]
Fax: [phone]
gr e g@nchards onadam s. c om
peter@richardsonadams. com
Attorneys .þr P etitioner-Appellant
Coleman Hydroelectric, LLC
APPELLANT COLEMAN HYDROELECTRIC, LLC'S STIPULATED MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT'S BRIEF - 2
DATED:November .13.,2021..
P.O.Box 83720
Boise,Idaho 83 720-0074
Telephone:[phone]
Fax:[phone]
Email:[e-mail]
Attorneysfor Respondent—Respondent Idaho
'fries Commission
novan E.Walk‘ér (ISB No.5921 )
Idaho Power Company
1221 West Idaho Street (83702)
P.O.Box 70
Boise,Idaho 83707
Telephone:[phone]
Fax:[phone]
Email:[e-mail]
DATED:November E,2021.
Attorneyfor Intervenor—Respondent Idaho Power
Company
APPELLANT COLEMAN HYDROELECTRIC,LLC’S STIPULATED MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT’S BRIEF -3
flJ.Hammond,Jr.(ISB No.5470)
e ty Attorney General
o Public Utilities Commission
Publi
CERTIFICATE OF UNCONTESTED MOTION
The undersigned does hereby certify that he has contacted opposing counsels and is
authorized to represent that opposing counsels have no objection to this motion.
Dated and Certified this of November,202l
M. Adams (ISB No. 7454)
Peter J. Richardson (ISB No. 3195)
Richardson Adams, PLLC
515 N. 27th Street
Boise, Idaho 83702
Telephone : [phone]
Fax: [phone]
gre g@richardsonadams. com
peter@richardsonadams. com
A t torneys for P etitio n er-Ap p el lant
Coleman Hydroelectric, LLC
APPELLANT COLEMAN HYDROELECTRIC, LLC'S STIPULATED MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT'S BRIEF - 4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this flay of November,202l, a true and correct copy
of the foregoing APPELLANT COLEMAN HYDROELECTRIC, 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 83720-007 4
Telephone : [phone]
Fax: [phone]
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/I-Court
By:
M. Adams (ISB No. 7454)
for Petitioner-Appellant
APPELLANT COLEMAN HYDROELECTRIC, LLC'S STIPULATED MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT'S BRIEF - 5
A