20240927Intervention_Order_No_36334.pdf

Office of the Secretary
Service Date
September 27,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION ) CASE NO. IPC-E-24-07
OF IDAHO POWER COMPANY TO )
INCREASE RATES FOR ELECTRIC )
SERVICE TO RECOVER COSTS ) ORDER NO. 36334
ASSOCIATED WITH INCREMENTAL )
CAPITAL INVESTMENTS AND CERTAIN )
ONGOING OPERATIONS AND )
MAINTENANCE EXPENSES )
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. 36334 1

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.
On September 6, 2024, the Commission issued Order No. 36316, providing Dickey with
fourteen(14) days to file an Amended Petition to Intervene containing supplemental information.
Amended Petition to Intervene
On September 9, 2024, Dickey filed an Amended Petition for Intervention ("Amended
Petition"). The Amended Petition provides in relevant part:
Dickey is not representing a partnership or corporation.
Dickey's original filing was made one business day after receiving notice
of ID Power's application in the mail with his regular power bill. At the time of
filing,Dickey did not realize that the deadline for petitions had passed,and assumed
that it had not, as he had just been notified. While ignorance of the law excuses no
one, Dickey did file immediately as an intervenor upon receiving notice.
Dickey does not know if his interests are being fully represented or protected
by the numerous intervenors that filed timely petitions, thus this amended
application. Dickey has multiple power interests: residential, irrigation, solar-that
may be individually represented by the other intervenors, but collectively there is
no one intervenor that represents Dickey's multiple interests.
Amended Petition at 2.
Idaho Power's Answer to Amended Petition
On September 9, 2024, the Company filed an Answer to the Amended Petition. The
Company represented that Dickey was provided appropriate notice of the Company's Application
including email notification sent on July 4, 2024, with the bill insert customer notice available via
link in the email, and notification by three paper bills through a bill insert sent on July 5, 2024,via
U.S. Mail.
The Company also noted the challenges Dickey may face in participating as an intervening
party under Idaho Public Utilities Rule of Procedure 36, rather than as an interested person under
Rule 39. The Company reasoned that there is extremely limited time for Dickey to review the case
ORDER NO. 36334 2

materials and voluminous discovery such that he may meaningfully participate in settlement
discussions later this month without experienced utility regulatory counsel.
COMMISSION FINDINGS AND DECISIONS
On September 17, 2024, the Commission took up the Amended Petition during the
Commission's Decision Meeting. 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.
Having reviewed the Petition,the Amended Petition, and the record,the Commission finds
that Dickey has not presented a substantial reason for the delay in filing for intervention. The
Commission appreciates all customer participation in proceedings; however, the Commission's
Rules of Procedure were established to provide a reasonable and expeditious framework for the
Commission's proceedings, and that includes timelines for intervention. See IDAPA 31.01.01.001
et seq. Notwithstanding this decision, as a customer of the Company, Dickey may submit written
comments in this case and may appear before the Commission during any public customer hearing
to provide oral testimony regarding the Application.
ORDER
IT IS THEREFORE ORDERED that Dickey's Amended Petition to intervene is denied.
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. 36334 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 27ffi day of
September 2024.
ERIC ANDERSON, PRESIDENT
J R. HAMMOND JR., COMMISSIONER
EDWARD LODGE, COM SSIONER
ATTEST:
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Commission Secretary
I:\Legal\ELECTRIC\IPC-E-24-07_rates\orders\IPCE2407_Dickey_late2_cb.docx
ORDER NO. 36334 4