20070726intervention_order_no_30390.pdf

Office of the Secretary
Service Date
July 26, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY'S PETITION TO INCREASE
THE PUBLISHED RATE ELIGIBILITY CAP
FOR WIND-POWERED SMALL POWER
PRODUCTION FACILITIES; AND
TO ELIMINATE THE 90%/110%
PERFORMANCE BAND FOR WIND-
POWERED SMALL POWER PRODUCTION
FACILITIES
CASE NO. IPC-07-
ORDER NO. 30390
Gerald Fleischman petitioned to intervene in this case on July 18, 2007. The
requirements of intervention as provided in the Commission s Notice of Intervention Deadline
are set forth in Rules of Procedure 71 through 75 of the Idaho Public Utilities Commission
IDAP A 31.01.01.071-075.
FINDINGS OF FACT
We find that Mr. Fleischman s one-paragraph e-mail Petition for Intervention fails to
conform to the intervention requirements oflDAPA 31.01.01.071-075. Specifically, we find that
an e-mail filing in this case was not authorized by Commission Rule or Order. Rule 61. The
form of the document did not comply with the requirements of Rule 62. Mr. Fleischman also
failed to provide proof of service of his Petition upon all other parties. Rules 63 and 64.
We nevertheless find that based on the pleadings and other documents filed in this
case, intervention by this party would serve the purposes of intervention as described by Rule 74
of the Rules of Procedure and should be granted. We apprise Mr. Fleischman, however, that
insufficient or defective pleadings in future filings in this case may be returned or dismissed
pursuant to Commission Rule 65. The Commission notes that its Rules of Procedure are
available on the Commission s website www.puc.idaho.gov
ORDER
In consideration of the foregoing and as more particularly qualified above, IT IS
HEREBY ORDERED that the Petition to Intervene filed by Gerald Fleischman is hereby
granted.
ORDER NO. 30390
IT IS FURTHER ORDERED that all parties in this proceeding serve all papers
hereafter filed in this matter on all parties of record. This Intervenor is represented by the
following for purposes of service:
Gerald Fleischman
11535 W. Hazeldale Court
Boise, ID 83713
208-376-2148
gfleisch9 86~hotmail.com
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this :z ~If.
day of July 2007.
ga~T
Commissioner Smith Out of the Office
MARSHA H. SMITH, COMMISSIONER
ATTEST:
le D. JewellCo ission Secretary
bls/O:IPC-07-03 _in12
ORDER NO. 30390