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HomeMy WebLinkAbout20171013intervention_order_no_33909.pdfOffice ofthe Secretary Service Date October 13,2017 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER )CASE NO.IPC-E-17-11COMPANY'S2017 INTEGRATED )RESOURCE PLAN )ORDERNO.33909 On June 30,2017,Idaho Power Company (Idaho Power or Company)filed its 2017 Integrated Resource Plan (IRP).The Commission issued an Order providing notice of the filing and setting a deadline of August 21,2017,for petitions to intervene.See Order No.33827.The Commission grañted timely-filed motions to intervene from the Idaho Irrigation Pumpers Association,Inc.,Idahydro,Industrial Customers of Idaho Power,Micron Technology,Inc., Sierra Club,and Stop B2H.See Order Nos.33845,33852,33828,33878,and 33864. On September 18,2017,Renewable Energy Coalition (REC)filed a petition for late intervention in Case No.IPC-E-17-11 (Petition).The Commission received no objections to the petition for late interventionby the deadline per Rule 75.See IDAPA 31.01.01.075. LATE PETITIONSTO 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 conditionallygrant petitions to intervene that are not timely filed for failure to state good cause for untimelyfiling,to prevent disruption,prejudice to existing parties or undue broadening of the issues,or for other reasons."Id.Also,"[ijntervenorswho do not file timely petitions are bound by orders and notices earlier entered as a condition of granting the untimelypetition."Id REC'S PETITIONTO INTERVENE REC stated that it is an organization whose membership consists mainly of small hydro companies who are Public Utility Regulatory Policies Act (PURPA)qualifying facility (QF) power producers that have,or may seek,power purchase agreements (PPAs)with Idaho utilities. See Petition at 2.As a result,REC states that it has a direct and substantial interest in the IRP case because of the potential impact Idaho Power's proposal(s)may have on avoided cost rates available to its PURPA QF members.Id.at 3. ORDER NO.33909 Page 1 REC further stated that its late petition is the result of "changed circumstances."Id. REC participated as a party to Case No.GNR-E-17-02,however,it noted,that Idaho Power has withdrawnthat case.Id.In GNR-E-17-02,Idaho Power proposed to alter the gas-price forecast used for calculation of standard avoided cost rates.Id.Therefore,because of the "occasional reliance on the IRP for inputs to avoided cost rates"REC asserted it also has a substantial interest in the IRP filing,and should be granted late intervention in order to protect the same interests it had originally intendedto protect in GNR-E-17-02.Id. For these reasons,and because a schedule had not been set in this case at the time of REC's petition',REC asserted it has good cause for late intervention because of the material impact it may have on prices REC members receive from Idaho Power and "without the opportunity to intervene herein,REC would be without a manner or means of participating in the lawfuldetermination of issues which may affect the avoided costs rates or contract terms and conditions regarding PPAs for REC members."Id.at 4. COMMISSIONFINDINGS 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 wouldserve 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,REC is "bound by orders and notices earlier entered as a condition of granting the untimelypetition"including,but not limited to,the Notice of Modified Procedure and Notice of Comment deadline issued on September 26,2017. See Order No.33889. ORDER IT IS THEREFORE ORDERED that the Petition to Intervene filed by REC is hereby granted. IT IS FURTHERORDERED 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 followingfor purposes of service: 'The Notice of Modified Procedure and Comment Deadline was issued on September 26,2017.See Order No. 33889. ORDER NO.33909 Page 2 Gregory M.Adams Richardson Adams,PLLC 515 N.27th Street Boise,Idaho 83702 E-mail:greg richardsonadams.com DONE by Order of the Idaho Public UtilitiesCommission at Boise,Idaho this / day of October 2017. PAUL K$ÊI A;,PRESIDENT KRISTINE RAPER,C SSIONER ERIC ANDERSON,COMMISSIONER Diane M.Hanian Commission Secretary I:\Legal\LORDERS\IPCE1711 se Order te Pet to Intervene.doc ORDER NO.33909 Page 3