20231204Order Conditionally Dismissing Appeal.pdf

IN THE SUPREME COURT OF THE STATE OF IDAHO
Order Conditionally
Dismissing Appeal
Supreme Court Docket No.51363-2023
Public Utilities Commission No.
PAC-E-23-08
A Notice of Appeal was filed in the Public Utilities Commission on November 30,2023.
Order No.35849 was filed in Public Utilities Commission Case Nos.PAC-E-23-04;PAC-E-23-
O5;PAC-E-23-06;PAC-E-23-07;PAC-E—23-08;and PAC-E-23-11 on July 11,2023,in which the
Complaints filed in the cases listed above were dismissed.Subsequently,on August 25,2023,
Order No.35904 was filed in the cases listed above,in which the Petition for Reconsideration of
Order No.35849 filed by Complainants Samuel and Peggy Edwards was denied.
Pursuant to IDAPA 31.01.01.341.01,after the decision on reconsideration issues,the
State of Idaho,or any party aggrieved may appeal from the Commission’s order.Further,
pursuant to IDAPA 31.01.01.341.02,no person is a party aggrieved by an order denying
reconsideration unless the person is a party that petitioned for reconsideration and presented
the grounds and issues on which it contends it was aggrieved by earlier orders of the
Commission as issues on reconsideration under Rule 331 and the Commission denied
reconsideration on some or all those issues.Further,Idaho Appellate Rule 14(b)requires that
an appeal be filed within forty-two (42)days from the date evidenced by the filing stamp of the
clerk or secretary on the decision or order entered by the administrative agency.It appears
Complainant-Appellant Christy Armbruster did not petition the Public Utilities Commission for
reconsideration of Order No.35849,and is therefore,not a party aggrieved by the denial of the
order denying reconsideration,and the Notice of Appeal filed with the Public Utilities
Commission on November 30,2023,was not filed within forty-two (42)days from the file stamp
on Order No.35904.Therefore,
IT IS ORDERED that this appeal is conditionally dismissed as it does not appear that the
Appellant is a party aggrieved by Order No.35904 entered by the Public Utilities Commission
on August 25,2023,and the Notice of Appeal was not timely filed.Appellant may file a
Response with this Court on or before twenty-one (21)days from the date of this Order as to
why this appeal should not be dismissed.In the event there is no timely Response filed with
this Court,this appeal may be dismissed.
CHRISTY ARMBRUSTER,
Complainant-Appellant,
v.
IDAHO PUBLIC UTILITIES COMMISSION
and PACIFICORP,dba ROCKY
MOUNTAIN POWER COMPANY,
Respondents.
RECEIVED
2023 DECEMER 4, 2023 3:18PM
IDAHO PUBLIC
UTILITIES COMMISSION
IT IS FURTHER ORDERED that proceedings in this appeal shall remain suspended
pending an Order of this Court.
DATED this 4th day of December,2023.
For the Supreme Court
Melanie Gagnepain,Clerk
cc:Christy Armbruster,pro se
Counsel of Record
Public Utilities Commission