20261020Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: JEFFREY R. LOLL
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 20, 2026
SUBJECT: IN THE MATTER OF ATLANTA POWER COMPANY'S APPLICATION
FOR APPROVAL OF ITS WILDFIRE MITIGATION PLAN; CASE NO.
ATL-E-26-01.
On September 8, 2026, the Idaho Public Utilities Commission ("Commission") set a
September 29, 2026, intervention deadline for this case. Order No. 37158. After the intervention
deadline ran, on October 7, 2026, Idaho Department of Lands ("IDL") on behalf of State Forester,
Julia Lauch, filed a petition to intervene("Petition").No objections to the Petition have been filed.
The issue before the Commission is whether to grant the late Petition.
RULES GOVERNING LATE PETITIONS TO INTERVENE
Commission Rules provide that a petitioner seeking intervention must state its "direct and
substantial interest . . . in the proceeding."IDAPA 31.01.01.072.Petitions to intervene that are not
timely filed "must state a substantial reason for delay." IDAPA 31.01.01.073. "The Commission
may deny or conditionally grant petitions to intervene that are not timely filed for failure to state
good cause for untimely filing to prevent disruption, prejudice to existing parties, or undue
broadening of the issues, or for other reasons." Id. Also, "Intervenors who do not file timely
petitions are bound by orders and notices earlier entered as a condition of granting the untimely
petition."Id.
IDL'S PETITION
IDL states State Forester Lauch has a direct and substantial interest in this matter. Petition
at 2. Pursuant to I.C. § 61-1804(2), the division of IDL that State Forester Lauch oversees is an
interested entity statutorily authorized to provide technical assistance in wildfire mitigation plan
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proceedings before the Commission. Id. IDL also quotes the Wildfire Standard of Care Act
concerning the legal presumption created by the State Forester's recommendations in such
proceedings: "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 reasonable and appropriate."
I.C. § 61- 1804(3).According to IDL,"[a]llowing State Forester Lauch to intervene will not unduly
broaden the issues," and that "[a]s the agency responsible for wildfire protection on state and
private owned forest land within the state of Idaho, IDL has a direct and substantial interest in
wildfire mitigation plans."Id.
COMMISSION DECISION
Does the Commission wish to grant IDL's late Petition to intervene?
Jeffrey R. Loll
Deputy Attorney General
I ALegal\ELECTRIC\ATL-E-26-01_W MP\memos\ATLE 2601_dec2 J 1.docx
DECISION MEMORANDUM 2