20171005_sean.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

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

FROM: SEAN COSTELLO
DEPUTY ATTORNEY GENERAL

DATE: SEPTEMBER 29, 2017

SUBJECT: PETITION OF RENEWABLE ENERGY COALITION FOR LATE
INTERVENTION IN IDAHO POWER COMPANY’S 2017 INTEGRATED
RESOURCE PLAN, CASE NO. IPC-E-17-11.

On June 30, 2017, Idaho Power Company (Idaho Power or Company) filed its 2017
Integrated Resource Plan (IRP). An IRP is a status report on a utility’s ongoing, changing plans
to adequately and reliably serve its customers at the lowest system cost and least risk over the
next 20 years. The report informs the Commission and the public about the utility’s plans, and is
similar to an accounting balance sheet; i.e., it is a “freeze frame” look at the utility’s fluid,
resource planning process. See Order No. 22299. The Commission requires the utility to update
the IRP every two years, allow the public to participate and comment during the IRP process,
and implement the IRP. See id. and Order No. 25260.
The Commission issued an Order providing notice of the filing and setting a deadline
for interventions of August 21, 2017. See Order No. 33827. The Commission granted timely-
filed motions to intervene from the Idaho Irrigation Pumpers Association, Inc., Idahydro,
Industrial Customers of Idaho Power, Micron Technology, Inc., Sierra Club, and Stop B2H. See
Order Nos. 33845, 33852, 33828, 33878, and 33864.
On September 18, 2017, Renewable Energy Coalition (REC) filed a petition for late
intervention in Case No. IPC-E-17-11 (Petition). The Commission received no objections to the
petition for late intervention by the September 25, 2017, deadline per Rule 75. REC’s Petition is
now before the Commission.

DECISION MEMORANDUM 2
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.
REC’S PETITION FOR INTERVENTION
REC states that it is an organization whose membership consists mainly of small
hydro PURPA qualifying facility (QF) power producers that have power purchase agreements
(PPAs) with Idaho utilities, or who may seek PPAs with Idaho utilities. Petition at 2. As a
result, REC states that it has a direct and substantial interest in the IRP case because of the
potential impact Idaho Power’s proposal may have on avoided cost rates that would be available
to PURPA QFs. Id. at 3.
REC states that its late petition is also the result of “changed circumstances.” Id.
REC is participating as a party to Case No. GNR-E-17-02, however, it notes that Idaho Power
has moved to withdraw its pleading in that case and REC assumes that that docket will be closed.
Id. In that case Idaho Power proposed to alter the gas-price forecast used for calculation of
standard avoided cost rates. Id. Relatedly, because of the “occasional reliance on the IRP for
inputs to avoided cost rates” REC now asserts it has a substantial interest in this case, and should
be granted late intervention, to protect the same interests it had originally intended to protect in
GNR-E-17-02. Id.
For these reasons, and because a schedule had not been set in this case at the time of
REC’s petition1, REC asserts it has good cause for late intervention because of the material
impact it may have on prices REC members receive from Idaho Power and “without the
opportunity to intervene herein, REC would be without a manner or means of participating in the

1 The Notice of Modified Procedure and Comment Deadline was issued on September 26, 2017. See Order No.
33889.
DECISION MEMORANDUM 3
lawful determination of issues which may affect the avoided costs rates or contract terms and
conditions regarding PPAs for REC members.” Id. at 4.
COMMISSION DECISION
Does the Commission wish to find that REC has shown good cause for its late
petition, identified direct and substantial interest in this case, and that its intervention will not
unduly broaden the issues, and thus grant the late petition to intervene?

I:\Legal\LMEMOS\IPCE1711_sc3_late intervention.doc