20180813_ej1jo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:EDWARD JEWELL
DEPUTY ATTORNEY GENERAL
DATE:AUGUST 8,2019
SUBJECT:IN THE MATTER OF IDAHO POWER'S APPLICATION TO
EVALUATE SCHEDULE 84 -NET METERING;CASE NO.IPC-E-19-15.
On April 5,2019,the Company filed its Application in this matter.
On May 15,2019,the Commission set an intervention deadline of May 29,2019.
Order No.34335.
On July 26,2019,IdaHydro filed a late petition to intervene in this proceeding.The
rules for late petitions to intervene,and the late petition filed by IdaHydro,are summarized
below.
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 intervenethat
are not timely filed "must state a substantial reason for delay."IDAPA 31.01.01.073."The
Commission may deny or conditionallygrant petitions to intervene that are not timely filed for
failure to state good cause for untimelyfiling,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
untimelypetition."Id."No order granting a petition to intervene will be acted upon fewer than
seven (7)days after its filing,except in a hearing in which any party may be heard.Any party
opposing a petition to intervene must do so by motion in opposition filed within seven (7)days
after receipt of the petition to intervene and served upon all parties of record and upon the person
petitioning to intervene."IDAPA 31.01.01.074.
DECISION MEMORANDUM l
IDAHYDRO'S PETITION
IdaHydro describes itself as "a confederacy of Idaho small hydroelectric producers
joined in a trust for mutual benefit,consisting of approximately 80 MW of capacity produced by
28 small hydroelectric plants."Petition to Intervene at 2.IdaHydro claims a direct and
substantial interest in the proceeding and states that its intervention would not undulybroaden
the issues or delay the proceedings.IdaHydro does not state a reason why its Petition to
Intervene is untimely.
COMMISSION DECISION
Does the Commission wish to grant IdaHydro'spetition to intervene?
Edward well
Deputy rney General
I \Legal\ELECTIUC\IPC-E-19-15\memos\IPCE1915_decmemo 3 ej doc
DECISION MEMORANDUM 2