20260811Response to Reconsideration Order No. 37106.pdf

RECE IVED
August 11, 2026
IDAHO PL BLIC
1 Peter J. Richardson UTILITIES COMMISSION
515 N. 271h Street
2 Boise, Idaho 83702
3 [phone] Office
[phone] Mobile
4 peternrichardsonadams.com
5
6 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
7
8 IN THE MATTER OF AVISTA CASE No.: AVU-E-25-15
9 CORPORATION'S APPLICATION FOR
APPROVAL OF THE 2026 WILDFIRE
10 MITIGATION PLAN POTLATCHDELTIC FOREST HOLDINGS,
11 LLC'S RESPONSE TO
RECONSIDERATION ORDER NO. 37106
12
13
14 I•
INTRODUCTION
15
16 Comes now, PotlatchDeltic Forest Holdings, LLC ("PotlatchDeltic"),pursuant to Order
17 No. 37106 issued on reconsideration by the Idaho Public Utilities Commission("Commission")
18 on July 28, 2026, and says as follows:
19 II.
20 BACKGROUND
21 On December 9, 2025, Avista Corporation(the "Company" or"Avista") applied to the
22
Commission for an order approving its 2026 Wildfire Mitigation Plan ("WMP"). The
23
Commission granted PotlatchDeltic's Petition to Intervene in Order No. 36888 issued on
24
25 December 31, 20025. On February 4, 2026,the Commission ruled that Avista's Application
26
27 POTLATCHDELTIC FOREST HOLDINGS, LLC'S RESPONSE TO RECONSIDERATION
ORDER NO. 37106 - IPUC DOCKET NO. AVU-E-25-15
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I would be processed pursuant to Modified Procedure. On April 16, 2026, PotlatchDeltic filed
2 Comments Urging Rejection of Avista's Wildfire Mitigation Plan. The Idaho Department of
3
Lands (a.k.a. the State Forester) filed Comments on March 13, 2026, and also filed Supplemental
4
5 Comments on May 20, 2026. On June 9, 2026, the Commission issued its order declaring that
6 "the Company's 2026 WMP is approved."' On June 30, 2026, PotlatchDeltic timely lodged its
7 Petition for Reconsideration of Commission Order No. 37064. Also on June 30, 2026, a Petition
8 for Reconsideration was lodged by Bennett Lumber Products, Inc. et al.
9
PotlatchDeltic summarized its reconsideration petition arguments thusly:
10
The Commission exceeded the bounds of its authority by approvingAvista's WMP, which
11 the Commission admits is largely for the benefit the residents of a foreign state and whit
12 is implemented at the direct expense of Idaho residents. Second.• The Commission
illegally ignored its obligation to incorporate the recommendations of the Idaho State
13 Forester without the requisite finding that her recommendations are unjust, unreasonabl
and not in the public interest. Third and finally: The Commission arbitrarily and
14 capriciously ignored and disregarded substantial, competent and uncontested evidence
15 identifying fatal flaws in Avista's WMP.Z
16 Rule 331(05) of the Commission's rules of procedure requires that answers to petitions for
17 reconsideration must be filed within seven days of the filing of a petition for reconsideration.
18
Avista did not file an answer to PotlatchDeltic' s Petition for Reconsideration and neither did the
19
Commission Staff.
20
21
22
23
24
25 ' Order No.37064 at p. 13.
Z.26 PotlatchDeltic Forest Holdings,LLC's Petition for Reconsideration of Order No. 37064 at p.3.
27 POTLATCHDELTIC FOREST HOLDINGS, LLC'S RESPONSE TO RECONSIDERATION
ORDER NO. 37106 - IPUC DOCKET NO. AVU-E-25-15
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1
2
3 III.
LEGAL STANDARD
4
In its order on reconsideration the Commission observed that:
5
6 Reconsideration affords parties an opportunity to bring to the Commission's attention
any matter previously determined and provides the Commission an opportunity to rectify
7 any mistake before the matter is appealed to the Idaho Supreme Court.3
8 The Commission also observed that a petition for reconsideration:
9
must specify (a) why the order or any issue decided in it is unreasonable, unlawful,
10 erroneous or not in conformity with the law, and(b) the nature and quantity of evidence
11 or argument the petitioner will offer if reconsideration is granted¢
12 IDAPA 31.01.01.331.03.
13 The Commission may grant reconsideration by reviewing the existing record, by
14 submission of briefs, memoranda, written comments, interrogatories, and statements or by
15
evidentiary hearing. Rules 331 and 332.
16
VI.
17 COMMISSION'S ORDER
18
While the Commission did not"specify the grounds upon with the petition is granted,,5 it
19
20 did provide:
21 [T]he Commission grants reconsideration to allow the parties to supplement the record
in this case ... [and] ... orders Petitioners to file all supplemental documentation that
22 Petitions consider relevant and within the scope of their petitions...
24
3. Order No. 37106 at p. 1. Citing to IDAPA 31.02.021.331.01
25 a Id.
26 5. See Rule 332, IDAPA 31.01.01.332.
27 POTLATCHDELTIC FOREST HOLDINGS, LLU S RESPONSE TO RECONSIDERATION
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I
The Commission also finds it reasonable to grant the Company. . . an opportunity to file
2 responsive comments.6
3
4 V.
SUPPLEMENTAL RECORD REQUEST RESPONSE
5
6 PotlatchDeltic believes that the existing record speaks for itself.7 Its Petition for
7 Reconsideration is uncontested and unchallenged, no answers to its Petition have been lodged,
8 and the time for such answers has long ago lapsed.$. The Commission must deny approval of
9
Avista's Wildfire Management Plan, because it is both legally deficient and approving the plan
10
would be unconstitutional and unjust.
11
12 VI.
PRAYER FOR RELIEF
13
14 WHEEFORE: PotlatchDeltic Forest Holdings, LLC respectfully requests the
15 Commission to issue its order rejecting Avista's Wildfire Mitigation Plan
16
17
18
19
20 Dated this I lth day of August 2026. '
21 eter J. Richardson ISB # 3195
22
23
24 6 Order No.37106 at p.2.
1. PotlatchDeltic hereby incorporates by this reference its Comments and its Petition for Reconsideration previously
25 filed in this matter.
26 8. See Rule 332,IDAPA 31.01.01.332.
27 POTLATCHDELTIC FOREST HOLDINGS, LLC'S RESPONSE TO RECONSIDERATION
ORDER NO. 37106 - IPUC DOCKET NO. AVU-E-25-15
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1
2 I HEREBY CERTIFY that on the 11 th day of August 2026, a true and correct copy of the within
3 and foregoing POTLATCHDELTIC FOREST HOLDINGS, LLC'S RESPONSE TO
RECONSIDERATION ORDER NO. 37064 in Docket No. AVU-E-2-15 was served by
4 electronic copy only, to:
5 Monica Barrios-Sanchez
6 Commission Secretary
Idaho Public Utilities Commission
2 Monica.barriossanchez(iZpuc.idaho. og_v
8 secretM(y-i,puc.idaho.Qov
9 Jeff Loll
Idaho Public Utilities Commission
10 'efi f.loll(cLpuc.idaho.&ov
I 1 Anni Glogovac
12 Avista Corporation
Anni.glogovac�cD.avi stacorp.com
13 Avistadockets(cr,7avistacorp.com
14 Elizabeth Andrews
15 Sr. Mgr. Revenue Requirements
Avista Corporation
16 Liz.andrews(&.avistacorp.com
17 John A. Richards
18 J.J. Winters
Idaho Department of Lands
19 iwinters;Lidl.idaho.gov
20 irichards(&idl.idaho.gov
21 Tara Malek
Bennett Lumber Products, Inc. et. al.
22 Smith& Malek& Malek
service(cr�malekattorney s.com
23
240 By:
25 Peter J. Richardson ISA # 3195
26
27 POTLATCHDELTIC FOREST HOLDINGS, LLC'S RESPONSE TO RECONSIDERATION
ORDER NO. 37106 - IPUC DOCKET NO. AVU-E-25-15
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