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HomeMy WebLinkAbout20260608Final_Order_No_37056.pdf Office of the Secretary Service Date June 8,2026 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-26-03 COMPANY'S APPLICATION FOR ) APPROVAL OF THE 2032 ALL-SOURCE ) ORDER NO. 37056 REQUEST FOR PROPOSALS ) On February 20, 2026, Idaho Power Company ("Company") applied to the Idaho Public Utilities Commission ("Commission") requesting approval of the Company's draft 2032 All- Source Request for Proposals ("RFP") for Peak Capacity & Energy Resources ("2032 RFP") ("Application"). On April 27, 2026, the Commission issued a Final Order approving the Company's Application with modifications. Order No. 37018. On April 29, 2026, the Idaho Irrigation Pumpers Association, Inc. ("IIPA"), an intervenor in the case, filed a Petition for Intervenor Funding in the amount of$7,060.60 ("Petition"). Having reviewed the record in this case and the Petition,we now issue this Order awarding IIPA$7,060.60 in intervenor funding. IIPA'S PETITION FOR INTERVENOR FUNDING The Petition included a generalized list of expenses totaling $7,060.60—comprised of $5,340.50 in expert witness fees, $892.25 in paralegal fees, $825.00 in attorney fees, and$2.85 in soft costs (copies/legal research). Petition, Exhibit A. IIPA also provided itemized attachments detailing each task performed in service of its participation in the case. Petition, Exhibit A, Attachments 1-2. IIPA stated that these expenses were reasonably incurred given its meaningful participation in the matter, including during the discovery process and through its preparation of written comments. Petition at 2. IIPA represented that the costs it incurred in this case constitute a financial hardship for the 501(c)(5) nonprofit association. Id. IIPA stated that it represents farming interests in southern and central Idaho through voluntary contributions by its members—which have been falling. Id. at 2-3. IIPA stated that due to financial constraints, its participation was focused and prudent. Id. at 3. IIPA also noted that its recommendations—which included suggestions that the Commission require Commission Staff("Staff')oversight of the 2032 RFP process with reporting ORDER NO. 37056 1 obligations, require side-by-side comparisons of bids with and without an impute debt cost adder, and require the Company to maintain disaggregated modeling outputs for cost-of-service determination purposes—materially differed from Staff s recommendations. Id. at 3-4. IIPA represented that the issues addressed through its participation in the case concerned the Company's general body of customers.Id. at 4. COMMISSION FINDINGS AND DECISION Commission decisions benefit from robust public input. "It is hereby declared the policy of this state to encourage participation at all stages of all proceedings before the commission so that all affected customers receive full and fair representation in those proceedings."Idaho Code § 61-617A(1). Recoverable costs can include legal fees, witness fees, transportation, and other expenses so long as the total funding for all intervening parties does not exceed$40,000.00 in any proceeding.Idaho Code§ 61-617A(2).The Commission must consider the following factors when deciding whether to award intervenor funding: (1) That the participation of the intervenor materially contributed to the Commission's decision; (2) That the costs of intervention are reasonable in amount and would be a significant financial hardship for the intervenor; (3) The recommendation made by the intervenor differs materially from the testimony and exhibits of the Commission Staff, and (4) The testimony and participation of the intervenor addressed issues of concern to the general body of customers. Id. To obtain an award of intervenor funding, an intervenor must further comply with Commission's Rules of Procedure 161-165, IDAPA 31.01.01.161-165.An intervenor requesting funding must submit its request to the Commission "no later than fourteen (14) days after ... the deadline for submitting briefs ..." Commission's Rules of Procedure No. 164. Rule 162 of the Commission's Rules of Procedure provides the form and content requirements for an application for intervenor funding.The application must contain: (1)an itemized list of expenses broken down into categories; (2) a statement of the intervenor's proposed finding or recommendation; (3) a statement showing that the costs the intervenor wishes to recover are reasonable; (4) a statement explaining why the costs constitute a significant financial hardship for the intervenor; (5) a ORDER NO. 37056 2 statement showing how the intervenor's proposed finding or recommendation differed materially from the testimony and exhibits of the Commission Staff; (6) a statement showing how the intervenor's recommendation or position addressed issues of concern to the general body of utility users or customers; and (7) a statement showing the class of customer on whose behalf the intervenor appeared. IIPA's application comports with the procedural and technical requirements of the Commission's Rules. Commission Rule 165.02—.03 requires the payment of awards of intervenor funding to be made by the utility and is an allowable expense to be recovered from ratepayers in the next general rate case. IDAPA 31.01.01.165.02—.03. The Commission finds that the Petition has met the intervenor funding requirements. The Commission values IIPA's participation in this case.IIPA intervened and meaningfully participated in all aspects of the proceeding in a manner that materially contributed to the Commission's final decision.We find the expert witness fees, legal fees,paralegal fees, and soft costs incurred by IIPA are reasonable in amount for this case, and that IIPA, as a non-profit organization, would suffer financial hardship if the request was not approved. In recognition of the time and resources expended to allow for such participation,we find it reasonable to grant IIPA intervenor funding in the amount of $7,060.60, which the Company may recover from its Schedule 24, Irrigation customer class. While the Commission appreciates IIPA's itemized attachments describing each task performed, we encourage IIPA to include additional task details, particularly regarding expert witness functions, in billing entries of future requests for intervenor funding. Certain time entries in the Petition provide little insight into the value of the task performed. For instance,the first line item in Petition, Exhibit A, Attachment 1 is for "Meetings, misc emails." Without further description, it is difficult for the Commission to assess how the meetings and emails at issue furthered IIPA's participation in the case. ORDER IT IS HEREBY ORDERED that IIPA's Petition for Intervenor Funding is granted in the amount of $7,060.60. Idaho Code § 61-617A(2), IDAPA 31.01.01.165.01. The Company is ordered to remit said amount to IIPA within 28 days from the date of this Order. IDAPA 31.01.01.165.02. The Company shall be permitted to recover the cost of this intervenor funding in its next general rate case from its Schedule 24,Irrigation customer class.Idaho Code§ 61-617A(3). ORDER NO. 37056 3 THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within 21 days of the service date of this Order regarding any matter decided in this Order.Within seven days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.Idaho Code § 61-626. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 81h day of June 2026. G EDWARD LODGE, PR IDENT /1�_- �ft� J 7 R. HAMMOND JR., COMMISSIONER DAYN HA IE, COMMISSIONER ATTEST: o i I WS anchez Commission Secretary I:\Legal\ELECTRIC\IPC-E-26-03_2032RFP\orders\IPCE2603_FO_IF;l.docx ORDER NO. 37056 4