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Home My WebLink About20250306Motion.pdf "4%6h-0IQAHO POWER. MEGAN GOICOECHEA ALLEN RECEIVED Corporate Counsel March 6,2025 mgoicoecheaallen(?D_idahopower.com Idaho Power Utilities Commission March 6, 2025 Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Boulevard Building 8, Suite 201-A Boise, Idaho 83714 Re: Case No. IPC-E-24-44 Idaho Power Company's Application for Approval of a Special Contract and Tariff Schedule 28 to Provide Electric Service to Micron Idaho Semiconductor Manufacturing (Triton) LLC Dear Commission Secretary: Attached for electronic filing, please find Idaho Power Company's Notice Regarding Motion Procedure Or, in the Alternative, Request for Additional Time to File Response in the above-entitled matter. If you have any questions about the attached documents, please do not hesitate to contact me. Sincerely, n��^ Awrl I fACC41.P.a Megan Goicoechea Allen MGA:sg Attachments 1221 W. Idaho St(83702) P.O. Box 70 Boise, ID 83707 MEGAN GOICOECHEA ALLEN (ISB No. 7623) DONOVAN E. WALKER (ISB No. 5921) Idaho Power Company 1221 West Idaho Street (83702) P.O. Box 70 Boise, Idaho 83707 Telephone: (208) 388-5317 Facsimile: (208) 388-6936 mgoicoecheaallen(a-).idahopower.com dwalker(a-)idahopower.com Attorneys for Idaho Power Company BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER ) COMPANY'S APPLICATION FOR ) CASE NO. IPC-E-24-44 APPROVAL OF SPECIAL CONTRACT AND ) TARIFF SCHEDULE 28 TO PROVIDE ) IDAHO POWER COMPANY'S ELECTRIC SERVICE TO MICRON IDAHO ) NOTICE REGARDING MOTION SEMICONDUCTOR MANUFACTURING ) PROCEDURE OR, IN THE (TRITON) LLC. ) ALTERNATIVE, REQUEST FOR ADDITIONAL TIME TO FILE RESPONSE Idaho Power Company ("Idaho Power" or "Company"), in accordance with Idaho Public Utilities Commissions ("Commission") Rule of Procedure 256, hereby notifies the Commission of its intent to file a combined response to the Objection to Modified Procedure, Demand for Hearing, and Motion to Consolidate for Hearing with Interrelated Cases ("Objection and Motion"), filed by the Idaho Irrigation Pumpers Association, Inc. ("IIPA") on February 20, 2025, and the Answer to, and Concurrence with, IIPA's Objection ("Concurrence"), which was filed by Idaho Industrial Customers of Idaho Power ("ICIP") on February 27, 2025 in support of IIPA's Objection and Motion, within fourteen (14) days IDAHO POWER COMPANY'S NOTICE REGARDING MOTION PROCEDURE OR, IN THE ALTERNATIVE, REQUEST FOR ADDITIONAL TIME TO FILE RESPONSE- 1 from the time of the filling of the latter, or by March 13, 2025. The Company is providing this notice to ensure clarity of the record and offers the following additional context underlying its contemplated approach. 1. On December 6, 2024, Idaho Power filed an application requesting an order approving the Micron FAB Special Contract and the rates proposed in tariff Schedule 28. The Commission issued a Notice of Application and Notice of Modified Procedure in Order No. 36446 on January 27, 2025, indicating, in part, that it intended to proceed under Modified Procedure pursuant to the Commission's Rules of Procedure 201-204, IDAPA 31.01.01.201-204. 2. Petitions to Intervene were filed by Micron on January 27, 2025, by IIPA on February 12, 2025, and by ICIP on February 17, 2025.The Commission granted Micron's intervention in Order No. 36460 issued on February 10, 2025, the IIPA's intervention in Order No. 36479 issued on February 24, 2025, and ICIP's intervention in Order No. 36483 issued on March 3, 2024. 3. On February 20, 2025, the IIPA filed its Objection and Motion pursuant to Rules of Procedure 56, 203, 247, and 256, and ICIP filed its Concurrence on February 27, 2025. Though ICIP's Concurrence identifies itself, in part, as an "answer" to IIPA's motion, ICIP is not the object of the motion nor does it oppose it,' and considering the timing of both IIPA's original motion and ICIP's filing (within seven (7) days after receiving But see Rule 57.03 (stating: "Answers to motions may be filed by persons or parties who are the object of a motion or by parties opposing a motion.The person or party answering the motion should do so with all deliberate and reasonable speed. In no event is a party entitled to more than fourteen (14)days after a motion is served to answer a motion or to file a motion for additional time to answer. The Commission may act upon a motion under Rule 256.") 2 See Rule 56.03, which provides that motions other than motions to dismiss, strike, or limit a complaint or petition and motions directed to an answer, "may be filed at any time upon compliance with Rule 256." IDAHO POWER COMPANY'S NOTICE REGARDING MOTION PROCEDURE OR, IN THE ALTERNATIVE, REQUEST FOR ADDITIONAL TIME TO FILE RESPONSE-2 IIPA's motion) as well as its substance, which concurs with and supports the IIPA's argument and seeks the same relief as IIPA's motion, the request is more properly considered under Rule 256. That rule provides, in pertinent part: 04. Support or Opposition to Prehearing Motion. When a prehearing motion has been filed, all parties seeking similar substantive or procedural relief must join in the motion or file their own motions within seven (7) days after receiving the original motion. The party answering to or responding to the motion(s) will have fourteen (14) days from the time of filing of the last motion or joinder under the requirements of the previous sentence in which to respond, except as provided in Rule 256.02 and 256.03.3 4. Pursuant to Rule 256 and in the interest of procedural efficiency, the Company intends, as the party responding to the motion, to respond concurrently to IIPA's Objection and Motion and ICIP's Concurrence within fourteen (14) days from the time of the last filing, or by March 13, 2025. 5. While the Company believes that Rule 256 is the operative procedural rule governing the timing for its response, to the extent the Commission believes that Rule 57.03 is applicable, which requires that a party answer a motion or seek additional time to answer within fourteen (14) days after the motion is served, Idaho Power hereby respectfully seeks additional time to respond to IIPA's Objection and Motion for the grounds and reasons stated herein, so that it is able to provide a single response to IIPA's Objection and Motion and ICIP's Concurrence within fourteen days of the filing of the latter, or by March 13, 2025, which it believes would be the most efficient and economical approach and use of the Commission's time and resources. 3 Rule 256.02 governs motions for expeditious substantive relief and Rule 256.03 governs motions for procedural relief. IDAHO POWER COMPANY'S NOTICE REGARDING MOTION PROCEDURE OR, IN THE ALTERNATIVE, REQUEST FOR ADDITIONAL TIME TO FILE RESPONSE-3 Respectfully submitted this 6t" day of March 2025. I I l ME AN 601COECHEA ALLEN Attorney for Idaho Power Company IDAHO POWER COMPANY'S NOTICE REGARDING MOTION PROCEDURE OR, IN THE ALTERNATIVE, REQUEST FOR ADDITIONAL TIME TO FILE RESPONSE-4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 6th day of March 2025, 1 served a true and correct copy of Idaho Power Company's Notice Regarding Motion Procedure or, In the Alternative, Request for Additional Time to File Response upon the following named parties by the method indicated below, and addressed to the following: Commission Staff Hand Delivered Chris Burdin U.S. Mail Deputy Attorney General Overnight Mail Idaho Public Utilities Commission FAX 11331 W. Chinden Blvd., Bldg No. 8 FTP Site Suite 201-A (83714) X Email chris.burdin(cr puc.idaho.gov PO Box 83720 Boise, ID 83720-0074 Micron Technology, Inc. Hand Delivered Austin Rueschhoff U.S. Mail Thorvald A. Nelson Overnight Mail Austin W. Jensen FAX Kristine A.K. Roach FTP Site Holland & Hart LLP X Email 555 17t" Street, Suite 3200 darueschhoff(@hollandhart.com Denver, CO 80202 tnelson(abhol land hart.com awjensen _hol land hart.corn karoachC@hollandhart.com aclee hollandhart.com Idaho Irrigation Pumpers Association, Hand Delivered Inc. U.S. Mail Eric L. Olsen Overnight Mail ECHO HAWK & OLSEN, PLLC FAX 505 Pershing Avenue, Suite 100 FTP Site P.O. Box 6119 X Email Pocatello, Idaho 83205 elo echohawk.com Lance Kaufman, Ph.D. Hand Delivered 2623 NW Bluebell Place U.S. Mail Corvallis, OR 97330 Overnight Mail FAX FTP Site X Email lance aegisinsight.com IDAHO POWER COMPANY'S NOTICE REGARDING MOTION PROCEDURE OR, IN THE ALTERNATIVE, REQUEST FOR ADDITIONAL TIME TO FILE RESPONSE-5 Industrial Customers of Idaho Power Hand Delivered Peter J. Richardson U.S. Mail Richardson Adams, PLLC Overnight Mail 515 N. 27t" Street FAX Boise, Idaho 83702 FTP Site X Email peter(a�richardsonanadams.com Dr. Don Reading Hand Delivered 280 S. Silverwood Way U.S. Mail Eagle, Idaho 83716 Overnight Mail FAX FTP Site X Email dread ing(o)_mindspring.com Stacy Gust Regulatory Administrative Assistant IDAHO POWER COMPANY'S NOTICE REGARDING MOTION PROCEDURE OR, IN THE ALTERNATIVE, REQUEST FOR ADDITIONAL TIME TO FILE RESPONSE-6