20200218_dh1.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DAYN HARDIE
DEPUTY ATTORNEY GENERAL
DATE:FEBRUARY 14,2020
SUBJECT:IN THE MATTER OF ROCKY MOUNTAIN POWER'S APPLICATION
FOR APPROVAL OF THE 2020 PACIFICORP INTER-JURISDICTIONAL
ALLOCATION PROTOCOL;PAC-E-19-20.
On January 8,2020,the Commission set a January 29,2020 intervention deadline for this
case.Order No.34525.Monsanto and the Idaho Conservation League ("ICL")filed petitions to
intervene after the intervention deadline ran.Monsanto filed its late petition on January 30,2020,
and subsequently amended that petition on February 4,2020.ICL filed its late petition on February
5,2020.The issue before the Commission is whether to grant the late petitions.
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.
MONSANTO'S PETITION
Monsanto states it has regularly participated in the Study Committee and Broad Review
Work Group which lead to the 2020 Protocol Agreement that PacifiCorp is seeking approval of.
Monsanto was a signatory party to the 2020 Agreement.Monsanto filed its initial petition to
intervene with the Commission after Commission Staff reached out inquiring whether Monsanto
planned to intervene.Monsanto filed its petition immediately thereafter,but it was received by the
Commission after the intervention deadline had passed.Traditionally,PacifiCorp and Commission
Staff have notified Monsanto's Energy Manager when filings or orders have been made or issued.
For unknown reasons,Monsanto did not receive notice from either PacifiCorp or Commission
Staff that an order setting an intervention deadline had been issued.Monsanto states that granting
its late intervention will not delay or disrupt the proceedings,broaden the issues,or prejudice
PacifiCorp or existing parties.
ICL'S PETITION
ICL states it is a party to the proposed 2020 Multistate Protocol Agreement and that it,on
behalf of its members,has a direct and substantial interest in ensuring the Commission considers
whether to approve the 2020 Agreement given the potential changes in cost allocation
methodology to Idaho customers.
ICL indicates its petition to intervene was late because it did not receive the informal notice
of intervention deadline that is customarily sent to stakeholders known to have an interest in certain
proceedings.ICL states that it filed its petition to intervene after Commission Staff encouraged it
to file a late petition.ICL states that granting its petition will not cause prejudice to other parties
or unduly delay the proceedings because the parties have not yet established a schedule for this
docket.Additionally,ICL states that its intervention will not undulybroaden the issues.
COMMISSION DECISION
Does the Commission wish to grant Monsanto's and ICL's late petitions to intervene?
Dayn Hardie
Deputy AttorneyGeneral
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