20090521reconsideration_order_no_30817.pdf

Office of the Secretary
Service Date
May 21 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY'S PETITION FOR APPROVAL
OF CHANGES TO THE IRRIGATION PEAK
REWARDS PROGRAM.
IDAHO POWER COMPANY'S PROPOSAL
TO RECOVER THE ANNUAL COST OF THEPROGRAM IN THE PCA.
CASE NO. IPC-08-
ORDER NO. 30817
On April 13, 2009, the Commission issued a final Order in this case granting Idaho
Power Company s request to close the case and also denying an Application for Intervenor
Funding filed by the Idaho Irrigation Pumpers Association, Inc. (Irrigators). The Commission
denied the Irrigators' request for intervenor funding, noting that the intervenors never requested
nor were they granted intervention status because "the informal nature of the proceeding in this
case results in a record that prevents the Commission from making the necessary findings to
award intervenor funding." Order No. 30771 , p. 3.
On May 4, 2009, the Irrigators filed a Petition for Reconsideration and a petition for
leave to file for late intervention. The Irrigators point out that the Commission previously
awarded intervenor funding to the Irrigators in other proceedings that did not involve formal
hearings, specifically Case Nos. IPC-03-05 and IPC-04-23.The Irrigators did not
specifically address the Commission s concern that the record is insufficient to make the
necessary findings for an intervenor funding award, but asserted that the "Staff participated in all
stages of these proceedings and they can assist the Commission in making the determinations of
whether the requirements of Rule of Procedure 165 are met." Petition for Reconsideration, p. 6.
The Irrigators also argue that to deny them intervenor funding in this case would thwart the
purpose of the intervenor funding statute to encourage participation in all proceedings and at all
stages before the Commission. See Idaho Code ~ 61-617 A(1).
The statute authorizing an award for costs of intervention Idaho Code ~ 61-617 A
declares it to be "the policy of this state to encourage participation at all stages of all proceedings
before the. commission so that all affected customers receive full and fair representation in those
proceedings." The statute also requires, however, that the Commission s determination to award
ORDER NO. 30817
intervenor funding shall be based on the following considerations: (a) a finding that the
participation of the intervenor has materially contributed to the decision rendered by the
commission; and (b) a finding that the costs of intervention are reasonable in amount and would
be a significant financial hardship for the intervenor; and (c) the recommendation made by the
intervenor differed materially from the testimony and exhibits of the commission staff; and (d)
the testimony and participation of the intervenor addressed issues of concern to the general body
of users or consumers.Idaho Code ~ 6l-617A(2) (emphasis added). These same standards are
found in the Commission s Rule of Procedure 165. IDAPA 31.01.01.165. In the cases cited by
the Irrigators where the Commission awarded intervenor funding in the absence of formal
hearings, the Commission was able to make the necessary findings on the record presented. See
Order No. 29371 , p. 4 and Order No. 29868, pp. 4-5. There is nothing in the Irrigators' Petition
to show the Commission erred when it determined it is not possible to make the necessary
findings on the record created in this case.
The Petition for Reconsideration filed by the Irrigators is denied, as is its Petition for
Leave to Intervene.
ORDER
IT IS HEREBY ORDERED that the Petition for Reconsideration and the Petition for
Leave to Intervene filed by the Idaho Irrigation Pumpers Association, Inc. are denied.
THIS IS A FINAL ORDER DENYING RECONSIDERATION.Any party
aggrieved by this Order or other final or interlocutory Orders previously issued in this Case No.
IPC-08-23 may appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law and
the Idaho Appellate Rules. See Idaho Code ~ 61-627.
ORDER NO. 30817
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this :2/
day of May 2009.
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MD. SIDENT
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MARSHA H. SMITH, COMMISSIONER
ATTEST:
€E!Je D. JewelCo ission Secretary
bls/O:IPC-08-23 ws5
ORDER NO. 30817