20240906Intervention_Order_No_36316.pdf

ORDER NO. 36316 1
Office of the Secretary
Service Date
September 6, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY TO
INCREASE RATES FOR ELECTRIC
SERVICE TO RECOVER COSTS
ASSOCIATED WITH INCREMENTAL
CAPITAL INVESTMENTS AND CERTAIN
ONGOING OPERATIONS AND
MAINTENANCE EXPENSES

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CASE NO. IPC-E-24-07

ORDER NO. 36316

On May 31, 2024, Idaho Power Company (“Company”) filed an application
(“Application”) with the Idaho Public Utilities Commission (“Commission”) requesting an order
approving a revision to the Company’s schedules of rates for electric service in the state of Idaho.
The Company requests an increase in annual Idaho jurisdictional revenue of $99,293,220. The
Company proposed an effective date of July 1, 2024, with the understanding that the Commission
would likely suspend the proposed effective date. The Company’s Application is structured around
an anticipated effective date of January 1, 2025.
On June 21, 2024, the Commission issued a Notice of Application, Notice of Suspension
of Proposed Effective Date, and Notice of Intervention Deadline. Order No. 36238. The
intervention deadline was set for July 12, 2024. The Commission granted intervention to: Idaho
Irrigation Pumpers Association, Inc.; Industrial Customers of Idaho Power; Micron Technology,
Inc.; the city of Boise City; The United States Department of Energy on behalf of the Federal
Executive Agencies; and the Idaho Conservation League. Order Nos. 36235, 36237, 36277. On
July 26, 2024, the Commission issued a Notice of Parties.
On July 29, 2024, Kevin Dickey filed a Petition to Intervene (“Petition”). The Petition
provides in relevant part:

Dickey receives electric utility services from Idaho Power Company (“ID
Power”) as both a residential customer and as an irrigation customer. In this
proceeding, Idaho Power seeks authorization to increase its annual Idaho
jurisdictional revenue by $99,293,220. This request would result in an overall
increase of 7.31 percent and directly impacts Dickey’s residential and irrigation
rates for service. Dickey has a direct and substantial interest in ensuring ID Power
rates are just, reasonable, and appropriately allocated among ID Power’s customer
classes.

ORDER NO. 36316 2
Dickey intends to participate herein as a party, and if necessary, to introduce
evidence, cross-examine witnesses, call and examine witnesses, and be heard in
argument. The nature and quality of evidence Dickey will introduce is dependent
upon the nature and effect of other evidence in this proceeding.
Granting Dickey’s Petition to Intervene will not unduly broaden the issues,
nor will it prejudice any party to this case.
Without the opportunity to intervene, Dickey would be without adequate
means to participate in this proceeding that may have a material impact on his
family’s electric service rates.
Petition at 1-2.
COMMISSION FINDINGS AND DECISIONS
On August 20, 2024, the Commission took up the Petition during the Commission’s
Decision Meeting. Commission Order No. 36238 set a July 12, 2024, deadline for petitions to
intervene, and Dickey filed his Petition on July 29, 2024; thus, the Petition is untimely. After
reviewing the Petition, the Commission notes two issues: (1) the Petition does not present a
substantial reason for delay, nor good cause for untimely filing; (2) the Petition is not clear
regarding whether Dickey, as an “irrigation customer,” intends to attempt to represent the interests
of a partnership or corporation.
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. Specifically, Rule 73 provides:
Petitions not timely filed must state a substantial reason for delay. The Commission
may deny or conditionally grant untimely petitions for failure to state good cause
for untimely filing, to prevent disruption, prejudice to existing parties or unduly
broadening the issues, or for other reasons.
IDAPA 31.01.01.073. Rule 74 allows the Commission to impose reasonable conditions on
intervenors. IDAPA 31.01.01.074.
Consistent with Rules 73 and 74, the Commission finds it is reasonable to conditionally
grant intervention to Dickey. Dickey shall have fourteen (14) days from the date of this Order to
file an amended petition setting forth a substantial reason and good cause for the untimely filing.
The amended petition should address why Dickey’s interests may not be fully represented or
protected by the numerous interveners, including Idaho Irrigation Pumpers Association, Inc., that
filed timely petitions.

ORDER NO. 36316 3
The amended petition should also address whether Dickey is attempting to represent a
partnership or corporation. The Commission notes that representation for partnerships and
corporation is governed by Commission Rule of Procedure 43.
The Commission shall then consider the amended petition.
ORDER
IT IS THEREFORE ORDERED that Dickey’s Petition to intervene is conditionally
granted, and Dickey shall have fourteen (14) days from the issuance of this Order to file an
amended petition as outlined above.
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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 6th day of
September 2024.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Commission Secretary

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