20170130_5191.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: DAPHNE HUANG
CAMILLE CHRISTEN
DEPUTY ATTORNEYS GENERAL

DATE: JANUARY 26, 2016

SUBJECT: COXCOM’S LATE PETITION TO INTERVENE IN IDAHO POWER’S
APPLICATION FOR WOOD RIVER VALLEY CPCN, CASE NO. IPC-E-
16-28

In November 2016, Idaho Power Company filed an Application for a Certificate of
Public Convenience and Necessity (CPCN) to make system improvements in the Wood River
Valley. The Commission issued a Notice of Application and Order setting a deadline of
December 20, 2016 for petitions to intervene. The Commission received and granted timely
intervention petitions from Kiki Tidwell, Laura Midgeley, the Sierra Club, the Idaho
Conservation League, and the City of Ketchum. Order Nos. 33675, 33683. The Commission
issued a Notice of Schedule and Notice of Technical Hearing on January 26, 2017, adopting the
schedule proposed by the parties in an informal scheduling conference. Order No. 33705.
On January 13, 2017, CoxCom, LLC filed a late Petition to Intervene. The
Commission received no objections by the January 20 deadline per Rule 75. CoxCom’s Petition
is now before the Commission.
LATE PETITIONS TO INTERVENE
Commission Rules provides 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,
DECISION MEMORANDUM 2
“Intervenors who do not file timely petitions are bound by orders and notices earlier entered as a
condition of granting the untimely petition.” Id.
COXCOM’S PETITION FOR INTERVENTION
CoxCom is a limited liability company providing commercial cable television and
telecommunications services in Idaho. Petition at 1-2. CoxCom states it has “a direct and
substantial interest” in this matter because it has transmission equipment between the cities of
Hailey and Ketchum that is attached to Idaho Power’s poles for which Idaho Power proposes
replacement in its pending Application. Id. at 2. CoxCom wants to ensure that any new
construction resulting from Idaho Power’s requested CPCN will still allow room for its
equipment. Id.
CoxCom asserts that its exclusion from these proceedings could “result in extreme
and substantial hardship, needless expense, and redundant proceedings.” Id. Also, CoxCom
states its intervention would “not unduly broaden [the] issues in this matter because manner of
construction, equipment used therefor, . . . placement of equipment” and the new facilities’ cost
are already directly at issue in the case. Id. Because its issues of interest are “currently squarely
before the Commission,” CoxCom states that granting intervention would not cause delay or
prejudice to the parties. Id.
According to CoxCom, it participated in the Blaine County Planning and Zoning
proceedings and “reasonably contemplated that [that] this was the primary jurisdiction” for
determining whether Idaho Power’s new distribution facilities would have capacity to carry
CoxCom’s equipment. Id. at 3. The Blaine County Planning and Zoning Commission denied
Idaho Power’s application on January 5, 2017 – 37 days after the Idaho Public Utilities
Commission’s deadline to intervene in this matter. Id. CoxCom states that obtaining status as an
intervenor would “allow for clearer communication about and resolution of” its concerns in a
single forum. Id.
DECISION MEMORANDUM 3
COMMISSION DECISION
Does the Commission wish to find that CoxCom has stated good cause for its late
petition, has identified direct and substantial interest in this case, and will not unduly broaden the
issues, and thus grant the late petition to intervene?

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