20240116Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL

DATE: JANUARY 9, 2024

SUBJECT: SAMUEL AND PEGGY EDWARDS’ APPEAL OF ORDER NO. 35904 TO
THE IDAHO SUPREME COURT; IPUC CASE NO. SUP-E-23-02.

On September 28, 2023, Samuel and Peggy Edwards filed a Notice of Appeal from
Order No. 35904 in Case No. PAC-E-23-05.
On October 27, 2023, the Commission issued an order in Case No. PAC-E-23-05 (the
case underlying this appeal) amending the title of the appeal. The Idaho Supreme Court
overruled the Edwards’ objection to the amended title and issued an order of its own amending
the title of the appeal in accordance with the Commission’s prior order.
On November 20, 2023, the Commission Secretary served the parties with the
proposed agency record.
On December 15, 2023, the Edwards filed an objection to the proposed agency
record.
On January 3, 2024, PacifiCorp filed a document indicating that it did not oppose the
relief requested in the Edwards’ objection to the proposed agency record.
THE OBJECTION
The Edwards request 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. As stated, PacifiCorp does not oppose these proposed revisions.
DECISION MEMORANDUM 2
STAFF RECOMMENDATION
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
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 orders being appealed. Nor do the Edwards’ proposed revisions
appear likely to otherwise negatively affect the future course of the appeal.
Accordingly, it is recommended that the Commission stipulate to the proposed
revisions, issue an order granting the relief requested in the Edwards’ objection to the proposed
agency record, and file a copy of the agency record with the Edwards’ proposed revisions with
the Clerk of the Idaho Supreme Court within seven days of the issuance of the order amending
the proposed agency record as Rule 29 requires.
COMMISSION DECISION
Does the Commission wish to:
1. Issue an order stipulating to and granting the relief requested in the Edwards’
objection to the proposed agency record?
2. Direct the Commission Secretary to file a copy of the agency record reflecting the
Edwards’ proposed revisions with the Clerk of the Idaho Supreme Court within
seven days of the issuance of the order granting the Edwards’ requested relief?
3. Anything else?

_____________________________
Adam Triplett
Deputy Attorney General

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