Bull Mountain Meadows, LLC's corrective filing. Our File No
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1 VIA December 6,2013 Public Utility Commission Attn: Filing Center 3930 Fairview Industrial Drive SE PO Box 1088 Salem OR Re: Bull Mountain Meadows, LLC's corrective filing Our File No ATTN: Filing Center: JAMES D. HOWSLEY Admitted in: Washington and Oregon Bull Mountain Meadows, LLC encloses a Motion to Amend Schedule to Provide Prehearing Briefing in the above-referenced docket. As indicated on the attached Certificate of Service, a copy of this filing was mailed electronically to the parties of record on the service list. If you have any questions about this filing, please contact James Howsley or his paralegal Joseph Schaefer at (360) Sincerely, WA Direct Dial (360) jamie. howsley@jordanramis.com OR Direct Dial (503) lsi James D. Howsley James D. Howsley Two Centerpointe Drive, 6th Floor Lake Oswego, OR SE Tech Center Place, Suite 380 Vancouver, WA toll free
2 BEFORE THE PUBLIC UTILITY COMMISSION OF OREGON BULL MOUNTAIN MEADOWS, LLC, Docket No. UM 1669 v. Complainant, MOTION TO AMEND SCHEDULE TO FRONTIER COMMUNICATIONS NORTHWEST, INC., Res ondent. Complainant Bull Mountain Meadows, LLC notes that the current schedule for discovery allows the parties to gather facts, but does not allow for briefing of the legal issues involved. At first blush, this case appears limited to the interpretation of ORS and Frontier's tariff as applied to the facts of this case. Upon closer review, there are additional legal issues raised by the interplay of the utility, the developer and the local government. Consider the following statement in Respondent's answer: "If Frontier is required to relocate its facilities as the result of conditions placed on a developer or third party to make improvements required by Oregon jurisdictions as a result of private development, then Frontier's tariff requires the developer or third party to pay for the relocation costs." What's missing from this analysis is that the authority of local governments to impose conditions which shift this cost from utilities to developers is restricted by the takings clause of the 5th Amendment to the U.S. Constitution; especially as elaborated by the U.S. Supreme Court in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), Dolan v. City o/tigard, 512 U.S. 374 (1994), and Koontz v. St. Johns River Water Management District, 568 U.S. _ (2013). IIIII Page I - MOTION TO AMEND SCHEDULE TO Vancouver W A Telephone: 360, Fax: 360,567, JDOC\LDM/12/6/20I3
3 Surely it would be a fundamental mistake to interpret Frontier's tariff in a manner which compels local governments - none of whom are a party to this action - to exceed their authority to demand exactions from developers. It seems unwise to proceed to the hearing without prior briefing of these issues. Complainant therefore respectfully moves to amend the schedule to allow for prehearing briefs. Complainant contacted Respondent's counsel Mr. Best who did not return the call. Dated this 6th day of December, Attorneys for Complainant BULL MOUNTAIN MEADOWS, LLC By: lsi James D. Howsley James D. Howsley, OSB # Page 2 - MOTION TO AMEND SCHEDULE TO Vancouver WA Telephone: Fax: JDOC\LDM/12/6/20I3
4 DECLARATION OF SERVICE I hereby certify that I served a true and correct copy of Bull Mountain Meadows, LLC's MOTION TO AMEND SCHEDULE TO on the parties listed on the attached service list for PUC, UM 1669 by electronic mail on December 6th, lsi Lisa D. McKee Lisa D. McKee, Legal Assistant to James D. Howsley, OSB # Attorney for Complainant BULL MOUNTAIN MEADOWS, LLC DECLARATION OF SERVICE Vancouver WA Telephone: Fax: JDOC\LDM/12/6/2013
5 Oregon Public Utility Commission Summary Report Printed: 11/15/2013 UM 1669 Category: BULL MOUNTAIN MEADOWS LLC VS FRONTIER COMMUNICATIONS NORTHWEST INC Miscellaneous UM In the Matter of the Complaint of BULL MOUNTAIN MEADOWS, LLC against FRONTIER COMMUNICATIONS NORTHWEST, INC., Pursuant to ORS , together with Exhibits A-D. Hard copy rec'd. 8/16/13. Filing Date: 8/15/2013 Electronically filed by James D... Law Judge(s): POWER, PATRICK ISERVICE LIST: CHARLES L BEST ATIORNEY AT LAW 1631 NE BROADWAY #538 PORTLAND OR JAMES D HOWSLEY 1499 SE TECH CENTER PLACE STE 380 VANCOUVER WA JASON W JONES PUC STAFF--DEPARTMENT OF JUSTICE BUSINESS ACTIVITIES SECTION 1162 COURT ST NE SALEM OR GEORGE BAKER THOMSON FRONTIER COMMUNICATIONS ST ST EVERETT WA RENEE WILLER FRONTIER COMMUNICATIONS NORTHWEST INC NW VON NEUMANN DR BEAVERTON OR of 1
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