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Home My WebLink About20250721Petition to Intervene.pdf RECEIVED July 21, 2025 IDAHO PUBLIC Tara Malek, ISB #8709 UTILITIES COMMISSION Pendrey P. Trammell, ISB #12098 SMITH+MALEK, PLLC 601 E. Front Ave, Ste. 304 Coeur d'Alene, ID 83814 P. (208) 215-2411 F. (208) 215-2416 E: service(&smithmalek.com 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 PETITION OF BENNETT LUMBER FOR WILDFIRE MITIGATION PRODUCTS, INC., IDAHO FOREST PLANS GROUP, MANULIFE INVESTMENT MANAGEMENT, MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY TO INTERVENE COMES NOW, BENNETT LUMBER PRODUCTS, INC., IDAHO FOREST GROUP, MANULIFE INVESTMENT MANAGEMENT, MOLPUS WOODLANDS GROUP, and STIMSON LUMBER COMPANY ("Intervenors"), pursuant to this Commission's Rules of Procedure, Rule 71 IDAPA 31.01.01.71, and Rule 72 IDAPA 31.01.01.72 hereby petition the Commission for leave to intervene and participate herein as a party, on the following grounds: 1. The names and addresses of the Intervenors: Bennett Lumber Products, Inc. %Pendrey P. Trammell SMITH+MALEK, PLLC 601 E. Front Ave, Ste. 304 Coeur d'Alene, ID 83814 P. (208) 215-2411 F. (208) 215-2416 E: service(&smithmalek.com PETITION TO INTERVENE OF BENNETT LUMBER PRODUCTS,INC.,IDAHO FOREST GROUP, MANULIFE INVESTMENT MANAGEMENT,MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY- 1 Idaho Forest Group %Pendrey P. Trammell SMITH+MALEK, PLLC 601 E. Front Ave, Ste. 304 Coeur d'Alene, ID 83814 P. (208) 215-2411 F. (208) 215-2416 E: service(&smithmalek.com Manulife Investment Management %Pendrey P. Trammell SMITH+MALEK, PLLC 601 E. Front Ave, Ste. 304 Coeur d'Alene, ID 83814 P. (208) 215-2411 F. (208) 215-2416 E: service(&smithmalek.com Molpus Woodlands Group %Pendrey P. Trammell SMITH+MALEK, PLLC 601 E. Front Ave, Ste. 304 Coeur d'Alene, ID 83814 P. (208) 215-2411 F. (208) 215-2416 E: service(a,smithmalek.com Stimson Lumber Company %Pendrey P. Trammell SMITH+MALEK, PLLC 601 E. Front Ave, Ste. 304 Coeur d'Alene, ID 83814 P. (208) 215-2411 F. (208) 215-2416 E: service&smithmalek.com 2. Intervenors have a direct and substantial interest in the proceeding. The Intervenors each are private timber land owners or managers with a considerable amount of timber acreage in Idaho. Intervenors have a substantial and direct interest in the proceedings because such timber land is commercially valuable and Intervenors have an interest in preserving and protecting their PETITION TO INTERVENE OF BENNETT LUMBER PRODUCTS,INC.,IDAHO FOREST GROUP, MANULIFE INVESTMENT MANAGEMENT,MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY-2 land and assets. The timber lands owned or managed by Intervenors are at risk of wildfires and the collateral consequences associated therewith. Intervenors' relevant timber lands are located within the service area of the following utility companies: Avista Utilities, Clearwater Power Company, Kootenai Electric Cooperative, Northern Lights, Inc., Idaho County Light & Power Cooperative, and Inland Power & Light. The Idaho Legislature has tasked this Commission for implementing the Wildfire Standard of Care Act. The Legislature has codified its intent in implementing the Wildfire Standard of Care Act, in pertinent part, as follows; [The Legislature] further recognizes that preparation for and response to wildfire risk is an increasingly important element of planning conducted by electric utilities. Proper preparation is crucial to position electric utilities to avoid and respond to wildfire risk. Knowing what measures should be taken to minimize wildfire risk before a fire occurs and to respond to it when it does occur is central to the affordable, safe, and reliable transmission and distribution of electricity. Idaho Code § 61-1802. Intervenors have an ongoing concern and interest in wildfire risk minimization. Therefore, Intervenors claim a direct and substantial interest in these proceedings. 3. Further, Idaho Code § 16-1803(g)(iii) directs for Wildfire Mitigation Plans ("WMPs")to include: Developing standards, procedure, and schedules, subject to timely approval of access to rights-of-way, if necessary for...Vegetation management within the area that are identified as heightened fire risk areas in the wildfire mitigation plan and are within the electric corporation's right-of-way or lands adjacent thereto and threaten the power lines or other electric corporation infrastructure. The statute further provides, "If live marketable timber is identified for removal from timber company land adjacent to the rights-of-way, compensation at fair market value shall be made to the landowners for such timber." Id. As such, the Intervenors also have a direct and substantial interest in the filing process for WMPs so that the Intervenors have the opportunity to be heard PETITION TO INTERVENE OF BENNETT LUMBER PRODUCTS,INC.,IDAHO FOREST GROUP, MANULIFE INVESTMENT MANAGEMENT,MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY-3 regarding the potential removal of timber in the WMPs of the electric corporations that service the Intervenor's property. 4. Granting the Intervenors' Petition to Intervene will not prejudice any party nor will it unduly broaden the issues before the Commission and at issue. WHEREFORE, Intervenors respectfully request that this Commission grant its Petition to Intervene in these proceedings and to appear and participate in all matters as may be necessary and appropriate, and to otherwise fully participate in these proceedings. DATED this 21 st day of July, 2025. SMITH+MALEK, PLLC Is/Pendrev P. Trammell PENDREY P. TRAMMELL PETITION TO INTERVENE OF BENNETT LUMBER PRODUCTS,INC.,IDAHO FOREST GROUP, MANULIFE INVESTMENT MANAGEMENT,MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY-4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 21 st day of July 2025, I caused to be served in the manner noted below, a copy of the document to which this certificate is attached, on the following counsel of record: Commission Secretary ❑ By Hand Delivery Monica Barrios-Sanches ❑ By U.S. Mail Idaho Public Utilities Commission ❑ By Overnight Mail PO Box 83720 ❑ By Facsimile Boise, ID 83720-0074 Q By Email: secretaryOl)uc.idaho.gov Monica.bariosanches&12uc.idaho.gov PotlatchDeltic Corporation ❑ By Hand Delivery Peter J. richardson ❑ By U.S. Mail Richardson Adams, PLLC ❑ By Overnight Mail 515 N. 27th St ❑ By Facsimile Boise, ID 83702 ❑� By Email: peter c&richardsonadams.com PotlatchDeltic Corporation ❑ By Hand Delivery Michele Tyler, Esq. ❑ By U.S. Mail Anna Torma ❑ By Overnight Mail Wade Semeliss ❑ By Facsimile Brian Schlect, Esq. ❑� By Email: 601 W. First Ave, STE 1600 michele.tyler potlatchdeltic.com Spokane, WA 99201 anna.torma&12otlatchdeltic.com Risch Pisca, PLLC wade.semeliss&12otlachdeltic.com Jeremy Pisca brian.schlect(a�potlatchdeltic.com 407 W. Jefferson Street j in sca(a�rischpisca.com Boise, ID 83702 Kootenai Electric Cooperative, Inc. ❑ By Hand Delivery Michael G. Andrea, Esq. ❑ By U.S. Mail Thomas Maddalone ❑ By Overnight Mail 9015 W. Lancaster Rd ❑ By Facsimile Rathdrum, ID 83858 By Email: mandrea(ae ec.com tmaddalone ckkec.com Rocky Mountain Power ❑ By Hand Delivery Joe Dallas ❑ By U.S. Mail 825 NE Multnomah, STE 2000 ❑ By Overnight Mail Portland, OR 97232 ❑ By Facsimile PETITION TO INTERVENE OF BENNETT LUMBER PRODUCTS,INC.,IDAHO FOREST GROUP, MANULIFE INVESTMENT MANAGEMENT,MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY-5 Mark Adler ❑✓ By Email:joseph.dallas(aa pacificorp.com 1407 W. N. Temple, STE 330 datarequest(&pacicorp.com Salt Lake City, UT 84116 mark.adler&pacificorp.com /s/ Pe)2ton Gerbing PEYTON GERBING PETITION TO INTERVENE OF BENNETT LUMBER PRODUCTS,INC.,IDAHO FOREST GROUP, MANULIFE INVESTMENT MANAGEMENT,MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY-6