20040709Notice of Witness Unavailability.pdf

SCOTT D. WOODBURY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 1895
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Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VISTA CORPORATION FOR THE
AUTHORITY TO INCREASE ITS RATES AND )
CHARGES FOR ELECTRIC AND NATURAL
GAS SERVICE TO ELECTRIC AND NATURAL
GAS CUSTOMERS IN THE STATE OF IDAHO.
CASE NO. AVU-O4-
A VU-O4-
NOTICE OF WITNESS
UNAVAILABILITY
MOTION TO DELAY
WITNESS TESTIMONY
Technical hearing in Case Nos. A VU-04-lIA VU-04-is scheduled
commence in Boise, Idaho on Monday, July 19 2004 and continuing if necessary through
Friday, July 23, 2004.
Commission and Parties of Record are hereby notified that Staff's Cost of Capital
witness, Terri Carlock, was in an unfortunate accident on Saturday, July 3 , 2004 and sustained a
severely fractured ankle (spiral fracture, tom ligaments and tendons, and bone chips). Ms.
Carlock underwent surgery on July 7, 2004 and is presently on pain medication. Ms. Carlock
expected to be flat on her back with her foot elevated above her heart for two weeks after
surgery. Because of the severity of the break and time required for recovery, it is anticipated that
Ms. Carlock will be under a doctor s care and out of the office for up to five weeks. As a result
NOTICE OF WITNESS UNA V AILABILITY
MOTION TO DELAY WITNESS TESTIMONY
of her injury, Ms. Carlock will be unable to physically attend the scheduled technical hearing the
week of July 19.
Staff apprises the Commission and parties that Ms. Carlock is the only Cost of
Capital witness for Staff and that no other member of Commission Staff has the background and
capability of sponsoring her testimony. Ms. Carlock's testimony is an integral part of Staff's
case. Pursuant to Rule 56 of the Commission s Rules of Procedure, a Motion is hereby made
Delay the Witness Testimony of Ms. Carlock until such time as she is physically capable of
presenting herself in the Commission s Hearing Room, tendering her direct testimony and
submitting herself for cross-examination. IDAP 31.01.01.056. Staff recommends that its
Motion be taken up as a preliminary matter prior to hearing on July 19, at which time parties can
speak to the Motion and a continued hearing date can be established. IDAP A 31.01.01.252
(Continuance of Hearing).
Respectfully submitted this
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tJ.. day of July 2004.
(;)1
Scott D. Woodbury
Deputy Attorney General
for Commission Staff
bls/N:A VUEO401 A VUGO401 sw Motion
NOTICE OF WITNESS UNA V AILABILITY
MOTION TO DELAY WITNESS TESTIMONY
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 9th DAY OF JULY 2004 SERVED
THE FOREGOING NOTICE OF WITNESS UNAVAILABILITY AND MOTION TO
DELAY WITNESS TESTIMONY, IN CASE NO. A VU-04-lIA VU-04-, BY
MAILING A COpy THEREOF POSTAGE PREPAID TO THE FOLLOWING:
DAVID J. MEYER
SR VP AND GENERAL COUNSEL
VISTA CORPORATION
PO BOX 3727
SPOKANE WA 99220-3727
E-mail dmeyer~avistacorp.com
KELLY NORWOOD
VICE PRESIDENT STATE & FED. REG.
AVIS T A UTILITIES
PO BOX 3727
SPOKANE WA 99220-3727
E- mail Kelly .norwood~avistacorp. com
CONLEY E WARD
GIVENS PURSLEY LLP
PO BOX 2720
BOISE ID 83701-2720
E-mail cew~ gi venspursley. COIn
DENNIS E PESEAU, PH. D.
UTILITY RESOURCES INC
1500 LIBERTY ST SE, SUITE 250
SALEM OR 97302
E-mail dpeseau~excite.com
CHARLES L A COX
EV ANS KEANE
111 MAIN STREET
PO BOX 659
KELLOGG ID 83837
E-mail ccox~usamedia. tv
BRAD M PURDY
ATTORNEY AT LAW
2019 N 17TH ST
BOISE ID 83702
E-mail bmpurdy~hotmai1.com
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SECRETARY
CERTIFICATE OF SERVICE