20170503intervention_order_no_33760.pdf

Office of the Secretary
Service Date
May 3,2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR A )CASE NO.IPG.E-16-28
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY FOR THE WOOD ifiVER )ORDER NO.33760
VALLEY )
In November 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.In
February,the Commission granted a late-filed petition to intervene by CoxCom,LLC.Order
No.33711.
On April 18,2017,Rock Rolling Properties,LLC and Rock Rolling Properties #2
(Petitioners),LLC filed Petitions to Intervene out of time,after the December 20,2017,deadline
for intervention had passed.See IDAPA 31.01.01.07l-.075.The Commission received no
objections by the April 25,2017 deadline per Rule 75.IDAPA 3 1.01.01.075.The Commission
now grants the Rock Rolling Petitions.
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,“Intervenors who do not file
timely petitions are bound by orders and notices earlier entered as a condition of granting the
untimely petition.”Id.
ORDER NO.33760 1
ROCK ROLLINGS’PETITIONS TO INTERVENE
Petitioners are owners of real property on the east side of Hospital Drive in Blame
County,Idaho,Petitions at 2.Petitioners asserted a number of reasons for their “direct and
substantial interest in this proceeding.”Id.at 3.According to Petitioners,the overhead
configuration of Idaho Power’s proposed transmission line along Hospital Drive,at issue in this
case,“would place the transmission line either directly abutting ...or possibly even running
across”the Petitioners’properties.Id.Petitioners stated that such configuration “would
substantially impair the value,use,and enjoyment of the property by,among other impacts,
directly impairing the view of Bald Mountain from [Rock Rolling Properties’lots],limiting
future beneficial uses of the propert[ies],and generally changing the character of the propert[ies]
and the[ir]surrounding area[s].”Id.Petitioners further asserted they “will suffer substantial
economic impacts if,as proposed by Idaho Power,the “western boundar[ies]of [their]
propert[ies][are]permanently marred by industrial transmission towers that may be up to 60 feet
tall with high-voltage lines.”Id.at 3.
Petitioners contended there is good cause for their late intervention because,to their
“best ...information and belief,”they did not receive notice from Idaho Power that it would
initiate this proceeding —separate from the Blame County conditional use permit proceedings —
and where Idaho Power would “argue that Blame County’s land use decision would be ‘null and
void’to the extent it conflicts with the outcome of this proceeding.”Id.at 4 (citing Idaho
Power’s Application at 14).According to Petitioners,they “more recently became aware of
Idaho Power’s position before this Commission.”Id.Petitioners also asserted they have good
cause because their interest is “unique ...[and]not currently represented in this proceeding.”
Id.
As to the potential for disruption,Petitioners noted that their filing is “prior to the due
date for the first round of intervenor and staff testimony...and over three months in advance of
the scheduled technical hearing.”Id.at 5.Petitioners stated they would consent to “be bound by
orders and notices entered prior to [their]intervention,”if intervention is granted.Petitioners
further stated that,if allowed to intervene,they intend to participate “as a party,and if necessary,
to introduce evidence,cross-examine witnesses,call and examine witnesses,and be heard in
argument.”Id.If granted intervention,they contended they “will not unduly broaden the issues
beyond their proper scope,”and that no party would be prejudiced.Id.
ORDER NO.33760
COMMISSION FINDINGS
We find that no party opposed the Petitions to Intervene out of time.
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 74 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,Petitioners are “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 Petitions to Intervene filed by Rock Rolling
Properties,LLC and Rock Rolling Properties #2,LLC are hereby granted.
IT IS FURTHER ORDERED that all parties in this proceeding serve all papers
hereafler filed in this matter on all parties of record.This intervenor is represented by the
following for purposes of service:
Gregory M.Adams
Richardson Adams,PLLC
515 N.27th Street
P.O.Box 7218
Boise,ID 83702
E—mail:$rei.ri.c1i.ardso.nad.ai.n sco.ni
ORDER NO.33760
DONE by Order of the Idaho Public Utilities Commission at Boise.Idaho this *1
day of May 2017.
ATTEST:
/
Diane M.Hanian
Commission Secretary
():IPC—E—16—28 dh late intervention
ERIC ANDERSON.COMMISSIONER
ORDER NO.33760 4