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HomeMy WebLinkAbout20260728Reconsideration_Order_No_37106.pdf Office of the Secretary Service Date July 28,2026 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 WILDFIRE ) ORDER NO. 37406 MITIGATION PLAN ) On December 9, 2025, Avista Corporation ("Company") applied to the Idaho Public Utilities Commission("Commission")requesting an order approving its 2026 Wildfire Mitigation Plan ("WMP") ("Application"). The Commission granted intervention to PotlatchDeltic Forest Holdings, LLC ("PotlatchDeltic"). Order No. 36888. On February 4, 2026, the Commission provided notice that the Application would be processed under Modified Procedure and set comment deadlines. Order No. 36927. Commission Staff ("Staff') and PotlatchDeltic filed comments, to which the Company replied. The Commission also received two public comments from the Idaho Department of Lands ("IDL"), one filed timely and the other filed after the deadline. On June 9, 2026,the Commission issued Final Order No. 37064 approving the Company's 2026 WMP and ordering the Company to revise future WMPs "in a manner consistent with the directives of this Order." Order No. 37064 at 13. On June 30, 2026, PotlatchDeltic and Bennett Lumber Products, Inc. et al. ("Bennett Lumber") (together "Petitioners") filed petitions for reconsideration of Order No. 37064. COMMISSION'S DECISION AND FINDINGS Reconsideration affords parties an opportunity to bring to the Commission's attention any matter previously determined and provides the Commission opportunity to rectify any mistake before the matter is appealed to the Supreme Court. Washington Water Power Co. v. Idaho Public Utilities Comm'n, 1980, 101 Idaho 567, 617 P.2d 1242. Any person or public utility has the right to petition for reconsideration in respect to any matter determined in a Commission order. Idaho Code § 61-626(1). The petitioner has 21 days from the date of the final order in which to ask for reconsideration.Id. Idaho Public Utilities Commission Rule of Procedure 331 states that petitions for reconsideration "must specify (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 ORDER NO. 37106 1 or argument the petitioner will offer if reconsideration is granted." IDAPA 31.01.01.331.01 (emphasis added). Further, "the petition . . . must state whether the petitioner . . . requests reconsideration by evidentiary hearing, written briefs, comments, or interrogatories." IDAPA 31.01.01.331.03. Having reviewed the record and the petitions for reconsideration, the Commission grants reconsideration to allow the parties to supplement the record in this case. The Commission hereby orders Petitioners to file all supplemental documentation that Petitioners consider relevant and within the scope of their petitions within 14 days of the date of this Order. The Commission also finds it reasonable to grant the Company and other interested parties an opportunity to file responsive comments. Accordingly, once the petitions are fully submitted, the Company and all other interested parties shall have 21 days to file any responsive comments and Petitioners shall then have an additional 7 days in which to file any replies to the responses. ORDER IT IS HEREBY ORDERED that Petitioners' requests for reconsideration are granted. IT IS FURTHER ORDERED that Petitioners shall have 14 days to supplement their petitions with all documentation Petitioners consider relevant for reconsideration. IT IS FURTHER ORDERED that the Company and all other interested parties shall have 21 days to file any responsive comments to the petitions. IT IS FURTHER ORDERED that Petitioners shall have a subsequent 7 days to file any replies to the responses. ORDER NO. 37106 2 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 28th day of July 2026. G EDWARD LODGE, Rb9IDENT J R. HAMMOND JR., COMMISSIONER DAYN HA IE, COMMISSIONER ATTEST: di a anchez Commission Secretary I:\Legal\ELECTRIC\A V U-E-25-15_W MP\orders\A V UE2515_Recon_cb.do cx ORDER NO. 37106 3