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
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ORDER NO. 37106 3