20220725Appellants Stipulated Dismissal Appeal.pdf

APPELLANT COLEMAN HYDROELECTRIC, LLC’S STIPULATED DISMISSAL OF
APPEAL - 1
Gregory 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]
[e-mail]
[e-mail]

Attorneys for Petitioner-Appellant Coleman Hydroelectric, LLC

IN THE SUPREME COURT OF THE STATE OF IDAHO

sales agreement with Coleman
Hydroelectric LLC, for the sale and
purchase of electric energy from the
Coleman Hydro Project.

COLEMAN HYDROELECTRIC, LLC
Petitioner-Appellant,

v.

IDAHO PUBLIC UTILTIES COMMISSION
Respondent-Respondent on Appeal,
and
IDAHO POWER COMPANY,
Intervenor, Respondent.

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APPELLANT COLEMAN
HYDROELECTRIC, LLC’S STIPULATED
DISMISSAL OF APPEAL

Supreme Court Docket No. 48812-2021

Public Utilities Commission No.
IPC-E-20-27

Pursuant to Idaho Appellate Rule 33, Appellant Coleman Hydroelectric, LLC respectfully
submits this stipulated dismissal of this appeal and requests that the Court dismiss this appeal with
all parties to bear their own costs and attorney fees.

Electronically Filed7/25/2022 3:32 PMIdaho Supreme CourtMelanie Gagnepain, Clerk of the CourtBy: Corby King-Clark, Clerk
APPELLANT COLEMAN HYDROELECTRIC, LLC’S STIPULATED DISMISSAL OF
APPEAL - 2
STATEMENT IN SUPPORT OF STIPULATED DISMISSAL
The parties to the proceeding before the Idaho Public Utilities Commission (“IPUC”) on
appeal here executed a settlement stipulation intended to resolve the issues in this appeal,
contingent upon the IPUC’s issuance of an order approving the settlement stipulation and a related
amendment to the energy sales agreement between Appellant Coleman Hydroelectric, LLC and
Intervenor-Respondent Idaho Power Company.1 On July 1, 2022, the IPUC issued its Final Order
No. 35455 approving the settlement stipulation and the amendment of the energy sales agreement.
The settlement stipulation provides that Appellant Coleman Hydroelectric, LLC would file a
stipulated dismissal of this appeal, with all parties to bear their costs and attorney fees, upon
expiration of the rights of any person to petition for reconsideration of the IPUC’s order approving
the settlement stipulation. No person has filed a petition for reconsideration of that order within
the 21-day period provided by Idaho Code Section 61-626. Therefore, this appeal is now
unnecessary due to the IPUC’s final order approving the settlement stipulation and resolving the
underlying dispute in this appeal.
REQUEST FOR RELIEF
The parties request that this Court issue an order dismissing this appeal, with each party to
bear is own costs and attorney fees.

1 The provisions of the settlement stipulation are described in the Declaration of Gregory
M. Adams In Support of Appellant’s Stipulated Motion to Continue Suspension of Appeal, filed
in this Court on June 17, 2022.
DATED: July 25, 2022.
DATED: July 25th, 2022.
DATED: July 25th, 2022.
Attorneys f or Petitioner-Appellant
Coleman Hydroelectric, LLC
~99 1 7)
Deputy Attorney General
Idaho Public Utilities Commission
PO Box 83720
Boise, Idaho 83720-0074
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Respondent-Respondent Idaho
Public Utilities Commission
Donovan E. Walker (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]
Attorney for Intervenor-Respondent Idaho Power
Company
APPELLANT COLEMAN HYDROELECTRIC, LLC'S STIPULATED DISMISSAL OF
APPEAL-3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 25thday of July, 2022, a tme and correct copy of the
foregoing APPELLANT COLEMAN HYDROELECTRIC, LLC'S STIPULATED
DISMISSAL OF APPEAL was served upon opposing counsel as follows:
DA YN HARDIE (ISB NO. 9917)
Deputy Attorney General
Idaho Public Utilities Commission
PO Box 83720
Boise, Idaho 83720-0074
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]
Fax: [phone]
Email: [e-mail]
By:
US Mail
__ Personal Delive1y
X Email/I-Court
US Mail
__ Personal Delive1y
~Email/I-Court
Gregu M. Adams (ISB No. 7454)
Attorney for Petitioner-Appellant
APPELLANT COLEMAN HYDROELECTRIC, LLC'S STIPULATED DISMISSAL OF
APPEAL-4