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HomeMy WebLinkAbout20240807Intervention_Order_No_36287.pdf Office of the Secretary Service Date August 7,2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-24-12 COMPANY'S APPLICATION FOR ) APPROVAL OF A MARKET PURCHASE ) AGREEMENT ) ORDER NO. 36287 On July 30, 2024,Northwest&Intermountain Power Producers Coalition("NIPPC") filed a late petition ("Petition") to intervene in this case. No party opposed NIPPC's Petition. Having reviewed the Petition and the record, we grant NIPPC's Petition. COMMISSION FINDINGS AND DECISIONS Commission Order No. 36143 set a May 7,2024,deadline for petitions to intervene.NIPPC filed its Petition on July 30, 2024. Thus, NIPPC's Petition is untimely. Untimely petitions to intervene are governed by Commission Rules of Procedure 71-75, which provide that late petitioners must state a substantial reason for delay and good cause for untimely filing. IDAPA 31.01.01.071-.075. In its Petition, NIPPC represented that it actively participates in Request for Proposal ("RFP") proceedings, but NIPPC does not normally participate in rate recovery or contract approval proceedings that result from RFPs. However, based on Staff s RFP recommendations in Staffs July 23, 2024, comments,NIPPC represented that it has an interest in this proceeding. NIPPC requested intervention and indicated that it would file Reply Comments on August 6, 2024, addressing Staffs REP recommendations. NIPPC represented that Idaho Power did not oppose NIPPC's late intervention, provided that NIPPC filed its Reply Comments by August 6, 2024, and that Idaho Power was granted until August 13, 2024, to file any potential reply to NIPPC's Comments. Further, NIPPC represented that Staff did not oppose NIPPC's late intervention, and that its intervention would not prejudice any parties or cause undue delay. Based upon our review of the Petition and the record, we find that NIPPC has shown good cause for the untimely filing,that it has a direct and substantial interest in this proceeding, and that intervention will not unduly broaden the issues. We thus find it reasonable to grant NIPPC's Petition. Pursuant to Rule 73 NIPPC is bound by all prior orders and notices issued in the case. ORDER NO. 36287 1 ORDER IT IS THEREFORE ORDERED that NIPPC's petition to intervene is granted. IT IS FURTHER ORDERED that NIPPC shall file its reply comments by August 6, 2024, and Idaho Power shall have until August 13, 2024, to submit any Reply Comments to NIPPC's comments. IT IS FURTHER ORDERED that all parties in this proceeding serve all papers hereafter filed in this matter on all parties of record. For purposes of service, the Intervenor's contact information is: NIPPC: Gregory M. Adams Spencer Gray Peter J. Richardson Executive Director,NIPPC Richardson Adams, PLLC P.O. Box 504 515 N. 27th Street Mercer Island, WA 98040 Boise, ID 83702 sgrayknipTc.org gregkrichardsonadams.com peter(krichardsonadams.com Irion Sanger Sanger Law, PC 4031 SE Hawthorne Blvd. Portland, OR 97214 irion(a,sanger-law.com IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be deemed timely filed when received by the Commission Secretary.See Rule 14.02. Service between parties should continue to be accomplished electronically when possible. However, voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. ORDER NO. 36287 2 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho 7th this day of August 2024. ERIC ANDERSON, PRESIDENT J R. HAMMOND JR., COMMISSIONER G Gv� EDWARD LODGE, ;014—sIONER ATTEST: M arr s- n ;!!�7 Commission Secreta IALegal\ELECTRIC\IPC-E-24-12_Powerex\orders\IPCE2412_NIPPC_late_cb.docx ORDER NO. 36287 3