20220907Respondent Motion for review and stay.pdf

PETITION FOR REVIEW OF INTERLOCUTORY ORDER AND PETITION FOR STAY - 1
MARK R. FULLER (ISB NO. 2698)
DANIEL R. BECK (ISB NO. 7237)
PAUL L. FULLER (ISB NO. 8435)
FULLER & BECK
410 MEMORIAL DRIVE, SUITE 201
P.O. BOX 50935
IDAHO FALLS, ID 83405-0935
TELEPHONE: [phone]
EMAIL: [e-mail]
EMAIL: [e-mail]
ATTORNEY FOR RESPONDENT
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
DONALD SORRELLS,
Complainant,
v.
SUNNYSIDE PARK UTILITIES,
INC.,
Respondent.
______________________________
)Case No.GNR-U-22-03
)
)
)
) PETITION FOR REVIEW OF
) INTERLOCUTORY ORDER AND
) PETITION FOR STAY
)
)
)
)
)
COMES NOW the Respondent, by its counsel of record, Paul L.
Fuller, pursuant to IPUC Rule 322, and petitions the IPUC to
review interlocutory Order No. 35513. Such Petition is based upon
the Amended Answer filed by the Respondent regarding a change in
status of SPU which directly affects IPUC’s jurisdiction in this
matter. Such Amended Answer establishes that SPU has converted to
a non-profit public utility organized and operated for service at
cost, and not for profit. This Commission does not have
jurisdiction to regulate non-profit public utilities organized and
operated for service at cost and not for profit. (See Idaho Code
RECEIVED
2022 SEP -7 PM 3:26
IDAHO PUBLIC
UTILITIES COMMISSION

PETITION FOR REVIEW OF INTERLOCUTORY ORDER AND PETITION FOR STAY - 2

Section 61-104).
Respondent further petitions for a stay of Order No. 35513,
pursuant to IPUC Rule 324, and requests a stay of the Order to the
extent it orders SPU to file an Application for a CPCN within
thirty (30) days of the date of the Order. Because Respondent’s
Petition for Review addresses the IPUC’s jurisdiction over SPU,
such jurisdictional determination must be made before SPU is
required to incur the costs and attorney fees required to prepare
and file an Application for a CPCN.
DATED this 7th day of September, 2022.

/s/ Paul L. Fuller
Paul L. Fuller
Attorney for Sunnyside Park Utilities, Inc.

PETITION FOR REVIEW OF INTERLOCUTORY ORDER AND PETITION FOR STAY - 3

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the following
described pleading or document on the persons listed below on this 7th day of September,
2022:
Document Served: PETITION FOR REVIEW OF
INTERLOCUTORY ORDER AND PETITION
FOR STAY

Persons Served:

Paul B. Rippel Via Email
Austin O. Allen
HOPKINS RODEN CROCKETT
HANSEN & HOOPES, PLLC
428 Park Ave.
Idaho Falls, ID 83402
[e-mail]
[e-mail]

/s/ Paul L. Fuller
Paul L. Fuller
FULLER & BECK LAW OFFICES, PLLC