20080821Answer to Bennett Petition.pdf

SCOTT D. WOODBURY
KRSTINE A. SASSER
DEPUTY ATTORNEYS GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
TELEPHONE: [phone]
E-MAIL: scott. woodbury(ipuc.idaho.gov
IDAHO STATE BAR NOS. 1895 and 6618
STREET MAILING ADDRESS:
472 WEST WASHINGTON STREET
BOISE, IDAHO 83702-5918
Attorneys for the Commission Staff
~F"'.
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II- 00
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF A 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 NOS. A VU-E-08-01
) A VU-G-08-01
)
)
) ANSWER OF COMMISSION STAFF
) TO PETITION TO INTERVENE OF
) BENNETT FOREST INDUSTRIES
COMES NOW Commission Staff (Staff) pursuant to Rules of Procedure 57 and 75,
and hereby answers the untimely and late-fied Petition to Intervene of Bennett Forest Industries,
Inc. (Bennett Forest).
On April 3, 2008, Avista Corporation dba Avista Utilties (Avista; Company) filed an
Application with the Idaho Public Utilties Commission (Commission) for authority to increase
the Company's general rates for electric service in Idaho.
On April 16, 2008, the Commission issued a Notice in Case No. AVU-E-08-01
establishing a May 9, 2008 intervention deadline. Timely Petitions for Intervention were fied by
Potlatch Corporation and Community Action Partership Association of Idaho.
On August 18, 2008, Bennett Forest fied its untimely and late-fied Petition to
Intervene. Bennett Forest is a Schedule 25 customer of Avista located in Grangevile, Idaho.
ANSWER OF COMMISSION STAFF
TO PETITION TO INTERVENE OF
BENNETT FOREST INDUSTRIES 1
Bennett Forest seeks to intervene to paricipate in the scheduled August 28, 2008
technical hearing in Boise on the Joint Settlement Stipulation of the paries fied with the
Commission August 8, 2008. To clarify the proposed natue of its paricipation, Bennett Forest
states the following:
· It wil not seek to introduce testimony at the technical hearing.
· It may ask clarifying questions on cross-examination of witnesses
supporting the Settlement Stipulation to aid in preparing written comments
by the September 5, 2008 deadline.
· It understands that it is bound by all Orders and Notices previously
entered.
· It will not seek to alter or modify prior Orders and Notices.
· Its paricipation, it commits, wil not cause disruption of the existing
schedule, nor wil it result in prejudice to existing parties or an undue
broadening of the issues.
Staff agrees and concurs with the representations and positions of A vista set forth in
the Company's Answer to Bennett's Petition to Intervene fied on August 20, 2008. Staff too is
concerned with Bennett's late entr into the rate proceedings and does not want to see Bennett's
"clarifying questions" enlarged to become discovery. In committing to be bound by all Notices
previously entered, Bennett commits to be bound by the production request deadline which
expired July 29,2008. Bennett Forest's questions must be circumscribed and the paries should
be given latitude to object to what they believe to be improper questions.
Wherefore, Commission Staff respectfully urges the Commission to condition any
grant of late-fied intervention, so as to avoid any disruption or delay of the proceedings and a
broadening of the issues to the prejudice of th;¿aries.
Respectfully submitted this dl (lay of August 2008.
í0~Wa~Scott D. Woodbury~
Deputy Attorney General
for Commission Staff
blslN:AVU-E-08-01_AVU-G-08-01_sw4_Answer
ANSWER OF COMMISSION STAFF
TO PETITION TO INTERVENE OF
BENNETT FOREST INDUSTRIES 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 21st DAY OF AUGUST 2008,
SERVED THE FOREGOING ANSWER OF COMMISSION STAFF TO PETITION TO
INTERVENE OF BENNETT FOREST INDUSTRIES, IN CASE NOS. AVU-E-08-01 &
AVU-G-08-01, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
DAVID 1. MEYER
VICE PRESIDENT AND CHIEF COUNSEL
A VISTA CORPORATION
PO BOX 3727
SPOKANE W A 99220
E-MAIL: david.meyer(ßavistacorp.com
KELLY NORWOOD
VICE PRESIDENT - STATE & FED. REG.
A VISTA UTILITIES
PO BOX 3727
SPOKANE WA 99220
E-MAIL: kelly.norwood(ßavistacorp.com
CONLEY E WARD
GIVENS PURSLEY LLP
601 W BANNOCK ST (83702)
PO BOX 2720
BOISE ID 83701-2720
E-MAIL: cew(ßgivenspursley.com
DENNIS E. PESEAU PhD
UTILITY RESOURCES INC
1500 LIBERTY STREET SE
SUITE 250
SALEM OR 97302
E-MAIL: dpeseau(ßexcite.com
BRAD M. PURDY
ATTORNEY AT LAW
2019 N 17TH STREET
BOISE,ID 83702
E-MAIL: bmpurdY(ßhotmail.com
DEAN 1. MILLER
McDEVITT & MILLER LLP
PO BOX 2564-83701
BOISE, IDAHO 83702
E-MAIL: joe(ßmcdevitt-miler.com
SCOTT ATKISON
CHIEF OPERATING OFFICER
BENNETT FOREST INDUSTRIES INC.
171 HIGHWAY 95 N.
GRANGEVILLE, IDAHO 83530
E-MAIL: scotta(ßbennettforest.com
~.~~
SECRETARY
CERTIFICATE OF SERVICE