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HomeMy WebLinkAbout20250716Interlocutory_Order_No_36674.pdf Office of the Secretary Service Date July 16,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF COMMISSION ) CASE NO. GNR-E-25-02 STAFF'S APPLICATION FOR APPROVAL ) OF A FILING PROCESS FOR WILDFIRE ) ORDER SUSPENDING THE MITIGATION PLANS ) FILING OF WILDFIRE MITIGATION PLANS ORDER NO. 36674 On June 18, 2025, Idaho Public Utilities Commission Staff("Staff') applied to establish a filing process for Wildfire Mitigation Plans ("WMPs)" submitted under the Wildfire Standard of Care Act("WSCA"). Staff requested the matter be processed by Modified Procedure, and that the Commission issue an order adopting a WMP filing process no later than September 5, 2025. Staff s application was accompanied by a motion proposing the following specific filing dates for WMPs: 1) Idaho Power Company on October 1, 2025; 2) Rocky Mountain Power on October 17, 2025; 3) Avista Corporation on November 10, 2025; and 4) all other electric corporations no earlier than December 1, 2025. According to Staff, a three-month delay in WMP submissions would allow time to develop a standardized application process, which would help streamline the review of the plans. Staff also asserted that its recommended staggered filing schedule would prevent a rush of submissions when the WSCA takes effect, resulting in a more orderly and efficient review process. On June 30, 2025, Kootenai Electric Cooperative, Inc. ("KEC") responded to Staffs motion. Despite refraining from taking a position on Staffs requested filing schedule, KEC raised concerns that non-utility electric companies may not have their WMPs approved in time for the 2026 wildfire season. KEC proposed that, instead of setting exact filing dates now, the Commission should issue an order delaying all filings until a set date with a detailed schedule to be decided later. This approach,KEC argued,would give parties a chance to weigh in on the filing timeline through their comments in this case. The Commission took up Staffs motion during the Commission's July 1, 2025, Decision Meeting. After hearing arguments from Staffs counsel, the Commission decided not to set a specific filing schedule immediately. Instead, having reviewed the record, the Commission issues ORDER SUSPENDING THE FILING OF WILDFIRE MITIGATION PLANS ORDER NO. 36674 1 this interlocutory order suspending the filing of WMPs until after a final order issues at the conclusion of this case. COMMISSION FINDINGS AND DECISION The Commission has authority to set a schedule for the filing of WMPs by order.See Idaho Code§ 61-1803. Once an electric corporation files a WMP,the Commission must approve or reject it within six months. Idaho Code § 61-1804. If approved by the Commission, a WMP establishes the associated electric corporation's duty to its members and the public regarding wildfire risk. Idaho Code § 61-1805. Considering the effect of an approved WMP has on an electric corporation's potential liability for a wildfire, careful review of such plans is particularly important. To avoid a flood of filings and ensure an orderly review process, we find it reasonable to suspend the filing of any WMPs until a final order issues in this case. We encourage interested parties to address the filing schedule proposed in Staff s motion or propose alternative schedules in their comments filed in this case. After consideration of those comments, we will set a detailed filing schedule in the final order concluding this case. ORDER IT IS HEREBY ORDERED that electric corporations shall not file a WMP with the Commission before a final order issues in this case. IT IS FURTHER ORDERED that interested parties may propose schedules for the filing of WMPs in their comments filed in this case. THIS IS AN INTERLOCUTORY ORDER, not a final and appealable Order of the Commission. The period of reconsideration will not begin until the final order is issued. ORDER SUSPENDING THE FILING OF WILDFIRE MITIGATION PLANS ORDER NO. 36674 2 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 16ffi day of July 2025. Grp -ZO EDWARD LODGE, P SIDE 9��= t ND JR., COMMISSIONER MMISSIONER ATTEST: Mo ica arri - an Commission Secretary I:\Legal\ELECTRIC\GNR-E-25-02_WMP Process\orders\Filing_Prohibition_at.docx ORDER SUSPENDING THE FILING OF WILDFIRE MITIGATION PLANS ORDER NO. 36674 3