20220526Motion to Strike.pdf

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MARK R. EULLER (ISB No. 2698)
DANIEL R. BECK (ISB No. 7237)
PAUL L. FULLER (ISB No. 8435)
TULLER & BECK
410 MsMonrar, Dnrve , Surre 201
P.O. Box 50935
IoaHo Faus, ID 83405-0935
TelepHor{u: [phone]
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ATToRNEY FoR RESPONDENT
BEEIORE TEE TDAEO PT'BLIC UTILITIES COMMISSION
DONALD SORRELLS,
ComplaJ-nant,
v.IDiIION EO STRTKE AlrD REQUESE
FOR PREEE,BRINE CONEERENCE
SUNNYSIDE PARK UTILITTES,
INC. ,
Respondent.
COMES NOW the Respondent, by its counsel of record, Paul L.
Fu11er, in response to the "Notice of Compliance and Demand for
Determination of Water Rate", filed with the IPUC on May 23, 2022,
and pursuant to IDAPA 31.01.01..265 Moves the Commission to Strike
such Notice as being j-mproper under the Rules and Regulations of
IPUC and Idaho's Rules of Evidence.
At the outset, it appears that Mr. Sorrel-Is misunderstands
the Reply Comments submitted by the Commission Staff, treating
such as "Commission ruIes", rather than staff recommendations to
the Commission. Under fPUC Rule 038, the Commission Staff is
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Case No.GNR-U-22-03
MOTION TO STRIKE AND REQUEST EOR PREHEARING CONTERENCE - 1
treated as a third party, which may present evidence to the
Commj-ssion and participate in hearings. No determination has been
made by the Commission regarding this action, and the staff
recommendations are just that, recommendatj-ons. Complying with the
staff recoflrmendations does not on its own, resol-ve this matter.
Respondent is still entitled to its due process rights afforded
under IPUC Rules and Regulations, which allow time for discovery
and an opportunity to be heard at a hearing before the Commission,
as outlined in IDAPA 31.01.01.
Further, the allegations
counsel in
Commission.
Complainant
whether the
must offer evidence
complaint or petition
their Notice have
Under IPUC Rule
and facts asserted by Mr. Sorrell-s'
not been properly presented to the
057.02 (b) : "The complainant or
of its allegations regardless of
is answered or denied." Pursuant
to IPUC Rule 26L, the IPUC generally follows the Idaho Rules of
Evidence. fdaho Rules of Evj-dence do not a1low an attorney to
submit a statement containing hearsay information and unilaterally
declare that the conflict has been resolved. The information
provided is not such that the Commission could take Official
Notice as allowed under Rule 263.
Further, the statements contained in the Notice are not
verified. The Commission should not give any weight to unverj-fied
hearsay statements from the Complainant or his counsel. If
Complainant intends to rely on the averments and statements
MOTION TO STRIKE AND REQUEST FOR PREHEAR]NG CONFERENCE - 2
contained in the May 22, 2022 letter at the hearing, the
Complainant should be required to put those statements in the form
of an affidavit or declaration. The Commission should also require
evidence supporting the statements. For example, Complainant
asserts that "a11 known leaks are fixed", but does not identify
what steps were taken to determine the existence of leaks. This
statement does not address steps taken to verify the existence of
unknown 1eaks, which have been asserted by SPU or any corrective
action to prevent and timely repair future leaks.
The "Notice" filed by Mr. Sorrells' counsel does not
constitute an allowed printed filing under Rule 061. In the event
Mr. Sorrells argues that the Notice was a "statement of position",
RuIe 260 is clear that such statements or summaries are for the
benefj-t of the public "and will not be allowed as evidence...."
coNcr.usrot{
IDAPA 31.01.01 does not alIow Complainant to file a "Notice"
in response to
Complainant is
that no further
staff recon'rmendations and unilaterally declare that
now in compliance with IPUC Rules and Regulations,
controversy exists, and that no sanction is
appropriate for the years
SPU is entitled to the
of viol-ations committed by Complainant.
full due process rights afforded under
IPUC's Rules and Regulations. It is requested that this Commission
strike the Notice improperly submitted by Mr. Sorrells and proceed
with a Preheari-ng Conference as al1owed under RuLe 214.
MOTION TO SIRIKE AND REQUEST FOR PREHEARING CONFERENCE - 3
DATED this 26Lh day of May, 2022.
/s/ Paul L. Full-er
Paul L. Fuller
Attorney for Sunnysi-de Park Utilities, Inc.
MOTION TO STRIKE AND REQUEST FOR PREHEARING CONEERENCE - 4
GERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and conec't copy of the following
described pleading or document on the persons listed below on this 26th day of May,
2022:
Document Served:MOTION TO STRIKE AND REQUEST FOR
PREHEARING CONFERENCE
Persons Served
PaulB. Rippel
Austin O. Allen
HOPKINS RODEN CROCKETT
HANSEN & HOOPES, PLLC
428 Park Ave.
ldaho Falls, lD 83402
[e-mail]
[e-mail]
Via Email
/s/ Paul L. Fuller
PaulL. Fuller
FULLER & BECK I.AW OFFICES, PLLC
MOTION TO STRIKE AND REQUEST FOR PREHEARING CONFERENCE - 5