20240125IPUC_Order_No_36066.pdf

ORDER NO. 36066 1
Office of the Secretary
Service Date
January 25, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

SAMUEL AND PEGGY EDWARDS,
Complainants-Appellants,
v.
IDAHO PUBLIC UTILITIES
COMMISSION and PACIFICORP, d/b/a
ROCKY MOUNTAIN POWER COMPANY,
Respondents.

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Idaho Supreme Court
Docket No. 51238-2023

IPUC CASE NOS. PAC-E-23-05
SUP-E-23-02

IPUC ORDER NO. 36066

On November 20, 2023, the Idaho Public Utilities Commission Secretary served the parties
with the proposed agency record.
On December 15, 2023, Samuel and Peggy Edwards (the “Edwards”) filed an objection
(“Objection”) to the proposed agency record. In the Objection, the Edwards requested the
following modifications to the proposed agency record: (1) elimination of a public comment dated
March 24, 2023; (2) inclusion of a Clerk’s Certificate of Service (dated November 20, 2023)
referenced in the table of contents; (3) revision of the filing date for the motion of reconsideration
listed in the table of contents for the agency record; and (4) inclusion of an email and associated
attachments the Edwards submitted to the Commission on September 27, 2023.
On January 3, 2024, PacifiCorp filed a document indicating that it did not oppose the relief
requested in the Objection.
Having reviewed the record, the Commission stipulates to and grants the relief requested
in the Edwards’ Objection to the proposed agency record. Under Idaho Appellate Rule 29, parties
have 28 days to request additions, deletions, or corrections to a proposed agency record. Rule 29
generally requires a hearing before resolution of objections to a proposed agency record. However,
no such hearing is necessary when the opposing parties stipulate to, or otherwise indicate in
writing, that they do not oppose the relief request in the objection.
Although the Edwards seek to eliminate a properly filed public comment and supplement
the record with materials submitted after the Commission’s decision on reconsideration, none of
the Edwards’ proposed revisions obscure the basis of the Commission’s decisions in the orders
being appealed. Nor do the proposed revisions appear likely to otherwise adversely affect the
ORDER NO. 36066 2
future course of the appeal. As noted above, PacifiCorp filed a document with the Commission
indicating its non-opposition to the relief requested in the Objection.
Accordingly, we find it reasonable to stipulate to the proposed revisions, issue an order
granting the relief requested in the Objection, settle the agency record, and file a copy of the settled
agency record with the Clerk of the Idaho Supreme Court within seven days of the issuance of this
Order.
ORDER
IT IS HEREBY ORDERED that the relief requested in the Objection is granted. The
proposed agency record shall be modified to reflect the Edwards’ proposed revisions and shall
constitute the settled agency record.
IT IS FURTHER ORDERED that the Commission Secretary shall file a copy of this Order
with the Idaho Supreme Court.
IT IS FURTHER ORDERED that the Commission Secretary shall submit a copy of the
settled agency record to the Idaho Supreme Court within seven days of the issuance of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 25th day of
January 2024.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Berrios-Sanchez
Commission Secretary
I:\Legal\ELECTRIC\SUP-E-23-02_Edwards\SUPE2302_OrderReRecord_at.docx