20260526Decision Memo 2.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ERIKA K. MELANSON
DEPUTY ATTORNEY GENERAL
DATE: MAY 26, 2026
SUBJECT: IN THE MATTER OF IDAHO POWER COMPANY'S APPLICATION FOR
ITS ANNUAL UPDATE TO MARGINAL PRICING USED IN CERTAIN
SCHEDULES; CASE NO. IPC-E-26-08.
On April 17, 2026, the Commission set a May 8, 2026, intervention deadline for this case.
Order No. 37007. After the intervention deadline ran, on May 14, 2026, Micron Technology, Inc.
("Micron") filed a petition to intervene ("Petition"). No objections to the Petition have been filed.
The issue before the Commission is whether to grant the late Petition.
RULES GOVERNING LATE PETITIONS TO INTERVENE
Commission Rules provide that a petitioner seeking intervention must state its "direct and
substantial interest . . . in the proceeding."IDAPA 31.01.01.072.Petitions to intervene that are not
timely filed "must state a substantial reason for delay." IDAPA 31.01.01.073. "The Commission
may deny or conditionally grant petitions to intervene that are not timely filed for failure to state
good cause for untimely filing to prevent disruption, prejudice to existing parties, or undue
broadening of the issues, or for other reasons." Id. Also, "Intervenors who do not file timely
petitions are bound by orders and notices earlier entered as a condition of granting the untimely
petition."Id.
MICRON'S PETITION
Micron states it has a direct and substantial interest in this proceeding as a Special Contract
customer under Tariff Schedule 26 and, as of recently, Tariff Schedule 28. Petition at 2. Micron
states that the Final Order approving Tariff Schedule 28 was issued on May 8, 2026, the same day
as the intervention deadline in this case. Id. at 3. Micron states that it will be subject to marginal
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cost-based energy charges under Tariff Schedule 28 and that the outcome of this proceeding could
impact Micron's marginal cost-based charges in the future.Id.
Micron further states that granting its Petition will not disrupt this proceeding, prejudice
existing parties, or unduly broaden the issues in this proceeding. Id. at 4.
COMMISSION DECISION
Does the Commission wish to grant Micron's late Petition to intervene?
nka K. Melanson
Deputy Attorney General
I:\Legal\ELECTRIC\IPC-E-26-08_Sch 20_34\memos\IPCE2608_dec_interv_em.docx
DECISION MEMORANDUM 2