20170202intervention_order_no_33711.pdf

Office of the Secretary
Service Date
February 2, 2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR A ) CASE NO. IPC-E-16-28
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY FOR THE WOOD RIVER ) ORDER NO. 33711
VALLEY )
On November 8, 2016, Idaho Power Company filed an Application for a Certificate
of Public Convenience and Necessity (CPCN) to make system improvements in the Wood River
Valley. The Commission issued a Notice of Application and Order setting a deadline of
December 20, 2016, for petitions to intervene. The Commission received and granted timely
intervention petitions from Kiki Tidwell, Laura Midgeley, the Sierra Club, the Idaho
Conservation League, and the City of Ketchum. Order Nos. 33675, 33683. The Commission
issued a Notice of Schedule and Notice of Technical Hearing on January 26, 2017, adopting the
schedule proposed by the parties in an informal scheduling conference. Order No. 33705.
CoxCom, LLC petitioned to intervene in this case on January 13, 2017, after the
December 20, 2017, deadline for intervention had passed. See Rules of Procedure 71 through 75
of the Idaho Public Utilities Commission, IDAPA 31.01.01.071-.075. No objections were filed
to the late petition by the deadline per Rule 75, IDAPA 31.01.01.075.
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, "[i]ntervenors who do not file
timely petitions are bound by orders and notices earlier entered as a condition of granting the
untimely petition." Id.
COXCOM'S PETITION TO INTERVENE
CoxCom states it has "a direct and substantial interest" in this matter because it has
transmission equipment between the cities of Hailey and Ketchum that is attached to Idaho
Power's poles for which Idaho Power proposes replacement in its pending Application. Id. at 2.
ORDER NO. 33711 1
Cox Com wants to ensure that any new construction resulting from Idaho Power's requested
CPCN will still allow room for its equipment. Id.
CoxCom asserts that its exclusion from these proceedings could "result in extreme
and substantial hardship, needless expense, and redundant proceedings." Id. Also, CoxCom
states its intervention would "not unduly broaden [the] issues in this matter because manner of
construction, equipment used therefor, ... placement of equipment" and the new facilities' cost
are already directly at issue in the case. Id. Because its issues of interest are "currently squarely
before the Commission," CoxCom states that granting intervention would not cause delay or
prejudice to the parties. Id.
According to CoxCom, it participated in the Blaine County Planning and Zoning
proceedings and "reasonably contemplated that [that] was the primary jurisdiction" for
determining whether Idaho Power's new distribution facilities would have capacity to carry
CoxCom's equipment. Id. at 3. The Blaine County Planning and Zoning Commission denied
Idaho Power's application on January 5, 2017 37 days after the Idaho Public Utilities
Commission's deadline to intervene in this matter. Id. CoxCom states that obtaining status as an
intervenor would "allow for clearer communication about and resolution of'' its concerns in a
single forum. Id.
COMMISSION FINDINGS
We find that no party opposed this late Petition to Intervene.
We further 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 7 4 of the
Rules of Procedure, IDAPA 31.01.01.074. We also find that granting this late intervention will
not prejudice any party and that late intervention should be granted. As set forth in Rule 73,
IDAPA 31.01.01.073, CoxCom is "bound by orders and notices earlier entered as a condition of
granting the untimely petition" including, but not limited to, the scheduling Order issued on
January 26, 2017. Order No. 33705.
ORDER
IT IS THEREFORE ORDERED that the Petition to Intervene filed by CoxCom, LLC
is hereby granted.
ORDER NO. 33711 2
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:
CoxCom, LLC
c/o C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock Street, Suite 900
P.O. Box 2900
Boise, ID 83701
E-mail:=====~===~
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of February 2017.
ATTEST:
Diane M. Hanian
Commission Secretary
0: IPC-E-16-28 _ cc_late intervention
ORDER NO. 33711
ERIC ANDERSON, COMMISSIONER
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