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Home My WebLink About20260630Bennett Lumber et al Petition for Reconsideration.pdf Tara Malek, ISB #8709 SMITH+MALEK, PLLC Dba MALEK+MALEK RECEIVED 601 E. Front Ave, Ste. 304 JUNE 30, 2026 Coeur d'Alene, ID 83814 IDAHO PUBLIC P. (208) 215-2411 UTILITIES COMMISSION F. (208) 215-2416 E: service(iTmalekattome s BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF AVISTA Case No. AVU-E-25-15 CORPORATION'S APPLICATION FOR APPROVAL OF THE 2026 BENNETT LUMBER PRODUCTS, INC., WILDFIRE MITIGATION PLAN MANULIFE INVESTMENT MANAGEMENT, MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY'S PETITION FOR RECONSIDERATION COMES NOW, BENNETT LUMBER PRODUCTS, INC., MANULIFE INVESTMENT MANAGEMENT, MOLPUS WOODLANDS GROUP, and STIMSON LUMBER COMPANY ("Petitioners"), and pursuant Idaho Code Section 61-626(a) and IDAPA 31.01.01.331 of this Commission's Rules of Procedure respectfully submits this Petition for Reconsideration as it relates to Order 37064. Petitioners request reconsideration by submissions of briefs and anticipate that the nature and quantity of evidence and argument Petitioners will offer should reconsideration be granted would be in the form of expert opinions regarding the critical and important nature of the recommendations made by IDL, the substantial risk if those recommendations are not implemented and the costs as to the same. BENNET LUMBER PRODUCTS,INC.,MANULIFE INVESTMENT MANAGEMENT GROUP, MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY'S PETITION FOR RECONSIDERATION- 1 I. LEGAL STANDARD The statutory right to petition for a rehearing serves an essential purpose: to provide parties a process by which to notify the Commission of potential errors and allow the agency an opportunity to correct the same prior to judicial review.Idaho Underground Water Users Assn u Idaho Power Co., 89 Idaho 147, 154, 404 P.2d 859, 862 (1965); Washington Water Power Co. u Idaho Pub. Utilities Comm'n, 101 Idaho 567, 571, 617 P.2d 1242, 1246 (1980). Petitions for reconsideration may be filed by "any corporation, public utility or person interested therein [. . ]" as to any matter contained in an order of the Commission. I.C. § 61-626(1). A petition for reconsideration must identify: (a) why the order or any issue decided in it is unreasonable,unlawful, erroneous or not in conformity with the law, and (b) the nature and quantity of evidence or argument the petitioner will offer if reconsideration is granted. IDAPA 31.01.01.331.01. In addition, a petitioner must also identify the method by which it requests the reconsideration—by evidentiary hearing, written briefs, comments, or interrogatories. IDAPA 31.01.01.331.03. So long as the Commission's findings are supported by substantial and competent evidence, those findings will be affirmed. Empire Lumber a Washington Water Power, 114 Idaho 191, 193, 755 P.2d 1229, 1231 (1988); A.W. Brown Co. a Idaho Power Co., 121 Idaho 812, 815-16, 828 P.2d 841, 844-45 (1992). The Idaho Legislature enacted Idaho Code Section 61-1801 et seq. ("WCA") "to provide for the safe, efficient, and reliable generation, transmission, and distribution of electric power at affordable rates and in such ways that protect the public interest, health, safety, and welfare."I.C. § 61-1802. The WCA requires utilities to "adopt and file a wildfire mitigation plan with the BENNET LUMBER PRODUCTS,INC.,MANULIFE INVESTMENT MANAGEMENT GROUP, MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY'S PETITION FOR RECONSIDERATION-2 commission for its review and approval pursuant to section 61-1804, Idaho Code." I.C. 61-1803(2)(a). Thus, the Commission has been tasked with the responsibility to ensure that proposed WMPs meet the ultimate goal of protecting Idahoans interest, health, safety and welfare. II. ARGUMENT 1. The Commission erred in its Order when it failed to consider the recommendations of the Idaho State Forester through the Idaho Department of Lands and failed to make findings that such recommendations were not just, reasonable or in the public interest. Under Idaho law, when the Commission reviews a WMP, it shall consult with the interested entities listed in subsection (2) of this section for technical assistance. With respect to elements of the plan that relate to vegetation management, reduction of wildfire fuels, and other duties of the state forester under title 38, Idaho Code, it shall be presumed that the recommendations of the state forester, if any are provided, are reasonable and appropriate. Such recommendations shall be incorporated in the decision of the commission unless the commission determines they are not just, reasonable, and in the public interest, in which case the commission shall document its reasoning in its order approving or rejecting the plan. I.C. § 61-1804(3) (emphasis added). Here, the Commission neither incorporated the recommendations of Idaho State Forester, through the Idaho Department of Lands ("IDL") into its decision for the 2026 WMP, nor did it make any determination that IDL's recommendations were unjust,unreasonable or not in the public interest. While the Commission acknowledged that it received two public comments from the IDL, one which was timely filed and the other which the Commission has stated was untimely, neither seem to have been meaningfully considered in light of the ultimate intent and purpose of the WCA. See generally Order No. 37064 ("Order"). Specifically, IDL filed comments on March 13, 2026 recommending the following: BENNET LUMBER PRODUCTS,INC.,MANULIFE INVESTMENT MANAGEMENT GROUP, MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY'S PETITION FOR RECONSIDERATION-3 1. provide additional descriptive narrative details about the modeling inputs; 2. provide a cost-benefit analysis for each of the general mitigation categories; 3. clarify activities and actions to reduce damage from external wildfire events. 4. define a formal process to determine the fair market value of timber; 5. Provide worker qualification standards and vegetation inspection practices to identity and address conditions specific to wildfire risks; 6. Obtain input from county fire planning groups. Order at 3; IDL Comments 1-3. On May 20, 2026, IDL supplemented its original response with additional recommendations for future WMP filings recommending that future risk modeling inputs must address: Avista's infrastructure details as far as type, condition, and age, height of vegetative layers, soil types and damaging wind events. Order at 3;IDL Supplemental Comments 1-2. Additionally, it seems that the Commission found the recommendations of IDL to be worthy of incorporation, but only in the future. Notably, the Commission wrote: However, as the Commission values the perspectives of the participants to this proceeding and endeavors to facilitate continual improvements to annual WMP filings through an iterative process, we also direct the Company to make revisions to future WMP submissions addressing some of the concerns expressed in the written submissions—most of which the Company committed to implement in its reply comments. Namely, we instruct the Company to integrate feedback by including: (1) a specific cost forecast for internal wildfire mitigation labor; (2) copies of all wildfire-related training and a table with wildfire mitigation personnel training information; (3) a detailed description of the risk modeling methodology and inputs used to determine geographical risk areas; (4) information for all T&D projects driven by wildfire mitigation efforts; (5) a description of the publicly available data the Company uses as part of its situational awareness efforts; (6) a description of all wildfire mitigation inspections that the Company performs; (7) continued summaries of the Company's T&D fault, outage, and ignition data; (8) details concerning potential alternative wildfire mitigation funding sources; (9) all metrics used for the WMP within each respective section in a format allowing for easy tracking across WMP filings; (10) a cost-benefit analysis for each general BENNET LUMBER PRODUCTS,INC.,MANULIFE INVESTMENT MANAGEMENT GROUP, MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY'S PETITION FOR RECONSIDERATION-4 mitigation action category; (11) a description of actions designed to reduce damage from external wildfire events; (12) establish a formal process for determining the fair market value of timber; and (13) input from county fire planning groups. Order, at 10-11. In regards to IDL's May 20, 2026 submissions, the Commission declined to require them to be incorporated in future WMPs but provided that it expects Avista to implement such recommendations as to risk modeling inputs unless they can justify failing to do so. Id. at 11. Here again, the Commission effectively acknowledges the value of the recommendations while also delaying implementation of the same but without any justification as to why such immediate implementation is not just, reasonable or in the public interest. Similarly, the Commission declined to accept the recommendation of IDL as to vegetation inspection practices but has not articulated how they are not "just, reasonable, and in the public interest" as required by Idaho law. See I.C. § 61-1804(3). Of these three statutorily required findings, petitioners respectfully submit that the public interest should be given the most weight given the Legislature's intent when it first implemented the WCA. See I.C. § 61-1802. 2. The Commission has the authority to consider and implement the May 20, 2026 supplemental recommendations of IDL and should do so. As it relates to the Rules of Procedure of the Idaho Public Utilities Commission, IDAPA provides: "These rules will be liberally construed to secure just, speedy and economical determination of all issues presented to the Commission. Unless prohibited by statute, the Commission may permit deviation from these rules when it finds compliance with them is impracticable, unnecessary or not in the public interest." IDAPA 31.01.01.013 (emphasis added). In other words, the Commission has the authority to allow a response by Avista and then meaningfully either accept or reject IDL's supplemental recommendations. While the BENNET LUMBER PRODUCTS,INC.,MANULIFE INVESTMENT MANAGEMENT GROUP, MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY'S PETITION FOR RECONSIDERATION- 5 Commission seems to believe there is value and reasonableness to IDL's May 20, 2026 recommendations, based on what seems to be timing alone, it is declining to require those recommendations be implemented for the 2026 fire season. It is also important to note that the State of Idaho has already acknowledged that the 2026 anticipated wildfire season will be challenging, making careful consideration of WMPs and recommendations of IDL even more critical to protect the health and safety of Idahoans.' CONCLUSION For the foregoing reasons, Petitioners respectfully request that the Commission reconsider its Order and implement in full the recommendations from IDL for the 2026 WMP. DATED this 30th day of June, 2026. MALEK+MALEK /s/Tara Malek TARA MALEK 'Press Release,Office of the Governor of Idaho, Gov.Little:Idaho Prepared for Potentially Challenging Fire Season(June 16,2026), https://gov.idaho.gov/pressrelease/gov-little-i daho-prepared-for-potentially-challenging-fire-season/. BENNET LUMBER PRODUCTS,INC.,MANULIFE INVESTMENT MANAGEMENT GROUP, MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY'S PETITION FOR RECONSIDERATION-6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 30th day of June, 2026, 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-Sanchez ❑ By U.S. Mail Jeff Loll ❑ By Overnight Mail Deputy Attorney General Idaho Public Utilities Commission El By Facsimile 0 By Email: secretaryOj)uc.idaho.gov PO Box 83720 jeff.lolI&j2uc.idaho.gov Boise, ID 83720-0074 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: neter&richardsonadams.com Idaho Department of Lands ❑ By Hand Delivery J.J. Winters ❑ By U.S. Mail John A. Richards ❑ By Overnight Mail 300 N 6th St, STE 103 ❑ By Facsimile Boise, ID 83702 0 By Email:jwintersnidl.idaho.gov i rchards(&idl.idaho.zov Avista Corporation ❑ By Hand Delivery Anni Glogovac ❑ By U.S. Mail Elizabeth Andrews ❑ By Overnight Mail P.O. Box 3727 Spokane, WA 99220-7342 El By Facsimile ❑ By Email: liz.andrewskavistacoM.com anni.glo og_vac&avistacoM.com /s/ Peyton Gerbing PEYTON GERBING BENNET LUMBER PRODUCTS,INC.,MANULIFE INVESTMENT MANAGEMENT GROUP, MOLPUS WOODLANDS GROUP,AND STIMSON LUMBER COMPANY'S PETITION FOR RECONSIDERATION-7