20200616_ej2.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

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

FROM: EDWARD JEWELL
DEPUTY ATTORNEY GENERAL

DATE: JUNE 12, 2020

SUBJECT: IN THE MATTER OF THE APPLICATION OF ROCKY MOUNTAIN
POWER TO CLOSE THE NET METERING PROGRAM TO NEW
SERVICE & IMPLEMENT A NET BILLING PROGRAM TO
COMPENSATE CUSTOMER GENERATORS FOR EXPORTED
GENERATION; CASE NO. PAC-E-19-08.

On June 14, 2019, Rocky Mountain Power, a division of PacifiCorp (“Rocky
Mountain Power” or “Company”) filed an application requesting the Commission close Electric
Service Schedule 135 – Net Metering Service (“Schedule 135” or “Net Metering Program”) to
new customer participation as of December 31, 2019, and open Electric Service Schedule 136 –
Net Billing Service (“Schedule 136” or “Net Billing Program”) to new customer participation as
of February 1, 2020.
On July 18, 2019, the Commission issued a Notice of Application and Notice of
Intervention Deadline. Order No. 34379. Idaho Irrigation Pumpers Association, Inc., Idaho
Conservation League, and Idaho Clean Energy Association, Inc. intervened.
On April 23, 2020, Rocky Mountain Power filed a supplemental application
(“Supplemental Application”) in this docket.
On June 10, 2020, Monsanto Company filed a Petition for Leave to Intervene.
RULES GOVERNING LATE PETITIONS TO INTERVENE
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.”
DECISION MEMORANDUM 2
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. “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.
MONSANTO’S PETITION
Monsanto’s petition does not state any reason for untimely filing, much less a
“substantial reason for delay” as required by Commission Rules of Procedure. Because the
Petition for Leave to Intervene was filed on June 10, 2020, the Commission could not grant the
petition until at least June 17, 2020 pursuant to Commission Rule of Procedure 74.
COMMISSION DECISION
Does the Commission wish to deny Monsanto’s Petition for Leave to Intervene for
failure to state a substantial reason for delay?

__________________________
Edward J. Jewell
Deputy Attorney General

I:\Legal\ELECTRIC\PAC-E-19-08\memos\PACE1908_dec memo late int_ej.doc