20170414Decision Memo.pdf

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DECISION MEMORANDUM
TO:COMMISSIONER I(IELLA}IDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:CAMILLE CHRISTEN
DEPUTY ATTORNEY GENERAL
DATE: APRIL 13,2017
SUBJECT:INDUSTRIAL CUSTOMERS OF IDAHO POWER'S LATE PETITION TO
INTERVENE IN IDAHO POWER'S APPLICATION FOR AUTHORITY
TO INCREASE ITS RATES FOR ELECTRIC SERYICE TO RECOVER
cosTs ASSOCIATED WITH THE NORTH VALMY PLANT, CASE NO.
rPC-F"-t6-24
On October 21, 2016, Idaho Power Company filed an Application requesting
Commission authorization to accelerate the depreciation schedule for the North Vatmy power
plant, establish an associated balancing account, and adjust customer rates, with a requested
effective date of June 1,2017. ^See Application (Case No. IPC-E-16-24) at I.
The Company conctrrently filed an Application asking the Commission to adopt
revised depreciation rates for its electric plant-in-service and correspondingly adjust Idaho
jurisdictional base rates, also with an effective date of June 1,2017 . Application (Case No. IPC-
E-23) at l.
In November 2016, the Commission issued an Order providing Notice of the
Application and setting a deadline for interventions. Order No. 33650. The Commission granted
Petitions to Intervene in the North Valmy case from the Idaho Irrigation Pumpers Association,
Inc. (IIPA), Micron TechnologS [nc., the Idaho Conservation League (ICL) and Sierra Club, and
the U.S. Department of Energy and the Federal Executive Agencies. Order Nos. 33660,33671,
33672, and,33674. The Commission granted Petitions to Intervene in the revised depreciation
case from the same parties, plus Industrial Customers of Idaho Power (ICP). Order Nos. 33659,
33670,33673,33676, and 33710. ICIP did not initially Petition to Intervene in the North Valmy
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case.
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DECISION MEMORANDUM
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The parties conferred and agreed to process the Application via Modified Procedure
and to a schedule. The Commission issued an Order providing Notice of Modified Procedure
and adopting the parties' proposed comment schedule:
Apil20,2017 Deadline for parties' comments
May 4,2017 Deadline for parties' cross-answering comments
May 18,2017 DeadlineforCompanyreplycomments
Order No. 33690. The parties also agreed to meet to discuss potential settlement options.
On April 7,2017,ICIP filed a late Petition to lntervene. Per Rule 75, the deadline for
objections to the Petition is April 14,2017. In a settlement discussion on Apil 12 at which all
parties and ICIP were present, legal counsel for Staff noted that the timeline for objections to the
Petition had not yet passed and that the Petition was still pending. Counsel asked if any party
objected to ICIP's intervention or its participation in the settlement discussion. No party
objected. ICIP's Petition is now before the Commission.
LATE PETITIONS TO INTERVENE
Commission Rules provides that a petitioner seeking intervention must state its
"direct and substantial interest . . . in the proceeding." IDAPA 3l.Ol.Ol.O72. Petitions to
intervene that are not timely filed "must state a substantial reason for delay." IDAPA
3 I .0 I .0 I .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,
"[i]ntervenors who do not frle timely petitions are bound by orders and notices earlier entered as
a condition of granting the untimely petition." Id.
ICIP'S PETITION FOR INTERVENTION
ICIP is an unincorporated association of Schedule 19 customers of Idaho Power and
its members receive electric utility services from the Company. Petition at 2. ICIP states it has
"a direct and substantial interest" in this matter because "its members' rates for electrical
services for Idaho Power's benefit may be affected by the outcome of this proceeding." Id. ICIF
states that "without the opportunity to intervene", it would be "without any means of
participation in this proceeding which may have a material impact on the rates its members pay
for electrical services in the State of ldaho." Id.
DECISION MEMORANDUM
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ICIP states that its intervention "will not unduly broaden the issues nor will it
prejudice any party to this case." Id. ICIP recognizes that its Petition is out of time, but states
that this docket is inter-related with the revised depreciation case, Case No. EC-E-16-23, and
that all the parties to the two cases are the same except for ICIP. Id. at 2-3. ICIP states that as
the two cases have progressed
it has become apparent that the common parties to both cases have found it
economical to hold concurrent settlement discussions to facilitate the efficient
resolution of issues in both dockets. The ICIP's ability to participle [sic] in
concurrent settlement discussions is complicated and less efficient without
having status as a party in this, the Valmy docket, as well as the general
depreciation docket.
Id. at 3. ICIP further commits that it will not broaden the issues nor will it seek to alter the
schedule in this docket, and that it will abide by all protective agreements and inforrnal process
guidelines heretofore adopted by the parties. Id. ICIP asserts that the process going forward will
be more efficient for all parties in both cases by its intervention in this case. .Id.
COMMISSION DECISION
Does the Commission wish to find that ICIP has stated good cause for its late
Petition, has identified direct and substantial interest in this case, and will not unduly broaden the
issues, and thus grant the late Petition to Intervene?
Camille Christen
Deputy Afforney General
M:IPC-E-16-24_cc2 ICIP Late Intervention
JDECISION MEMORANDUM