20220316Request for Extension of Time.pdf

PrestonN. Carter, ISB No. 8462
Givens Pursley LLP
601 W. Bannock St.
Boise,Idaho 83702
Telephone: [phone]
Facsimile: [phone]
prestoncarter@ sivenspursley. com
stephaniew@ eivenspursley. com
Attorneys for Intermountain Gas Company
BEFORE TIIE IDAHO PTIBLIC UTILITIES COMMISSION
IN TIIE MATTER OF COMIVISSION
STAtrT"S FORMAL COMPLAINT
CONCERNING INTERMOUNTAIN GAS
COMPAI\Y'S PRACTICES OF ALLOWING
UNQUALIFIED OPERATORS TO
PERFORM LTYE METER EXCHANGES
CASE NO.INT.G-22.0I
REQUEST FOR EXTENSTON OF
TIME TO AI\ISWER TIIE FORMAL
COMPLAINT
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Pursuant to Commission Rule of Procedure 56, IDAPA 31.01.01.56, and the inherent
authority of the Commission, Intermountain Gas Company ("lntermountain Gas") respectfully
submits the following Request for Extension of Time to Answer the Formal Complaint.
On March 3,2lzz,Intermountain Gas received a surlmons from the Commission in this
matter. The summons requires Intermountain Gas to file an answer to the Complaint within
twenty-one days, making the answer due on March 24,2022.
Intermountain Gas has been in communication with Commission Staffregarding the
subject matter of the Complaint for a number of months. These communications have included,
among other things, the steps Intermountain Gas has taken to address issues identified in the
Complaint.
Shortly after receiving the summons, Intermountain Gas and Commission Staffbegin
exploring possible settlement of the case. A settlement conference was held on Monday, March
Rnquesr FoR ExTENSIoN oF Tnran ro AuswER THE FoRuaI- CorrapL,q,rNr Pace 1 or4
14. While the parties did not reach agreement during that conference, the parties believe that
further settlement discussions are warranted.
Intermountain Gas respectfully zubmits that a pre-answer settlement-subject, of course,
to the parties' agreement and the Commission's review and approval-would provide an
optimal resolution of this case. Intermountain Gas would prefer to devote time and energy
towards a mutually agreeable solution rather than researching and drafting legal and factual
argument. In addition, pre-answer settlement discussions would allow the Company and
Commission Staffto discuss and possibly refine any remaining areas of dispute, which could in
turn inform the contents of the Company's answer.
The parties diligently pursued resolution of the Complaint. However, it does not appear
possible to schedule a settlement conference with a realistic hope of submitting a final
settlement agreement to the Commission by Friday, March 18, as would be necessary for the
Commission to consider any settlement agreement before the Company's answer is due.
In addition, Counsel for Intermountain Gas is out of the office during the week of March
2l-25, which precludes filing an answer on short turnaround if the parties are not able to reach a
settlement agreement in the interim.
Under Commission Rule of Procedure 56, the Commission has broad discretion to
determine the process by which formal complaints are considered. See IDAPA 31.01.01.54.05
("The Commission shall determine how a formal complaint should be processed . . . ."). This
discretion is broad enough to extend the original twenty-one day respond period, which itself is
not required by rule.
Under the circumstances, Intenmountain Gas respectfully requests that the deadline to
answer the Complaint be extended by thirty days, making a response due on April25,2022.
Rnqunsr FoR ExrENSroN oF T[rre ro AuswnR THE FoRMAL CoMrLATNT Pecs2 or4
This will allow the pardes to explore settlernenrt, wliile avoiding the need to request a second
extension
For these reasors, Intermountain Gas respectfully roquests that the Commission issue an
order:
l. Extending the time fot the Company to file an Answer to the Complaint for thirty
days, making the answer due on ApiL24,2022; and
2. Any other relief the Couunission deems jus and proper.
DATED: Manch 16,2022.
GIVENS PURSLEY LLP
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PrestonN. Carter
Attorneys for Intermountain Gas Company
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CERTTFICATE OF SERYICE
I certify that on March 16,2022, a true and correct copy of the foregoing was served
upon all parties of record in this proceeding via electronic mail as indicated below:
Commission Staff Via Electronic Mail
JanNoriyuki, Commission Secretary [e-mail]
Idaho Public Utilities Commission
I1331 W. Chinden Blvd., Bldg. 8, Suite 201-A
Boise, D 83714
Taylor R. Brooks
Deputy Attorney General
Idatro Public Utilities Commission
ll33l W. Chinden Blvd., Bldg. 8, Suite 201-A
Boise, D 83714
taylor.brooks@puc. idaho. gov
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PrestonN. Carter
Rnquesrron ExreNsroN oF TrME To ANSwER THE FoRMAr. CouplarNr Pacs4or4