20190517 Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:EDWARD J. JEWELL
DEPUTY ATTORNEY GENERAL
DATE: MAY 16,2019
SUBJECT:IN THE MATTER OF THE APPLICATION OF IDAHO POWER
COMPANY TO STUDY THE COSTS, BENEFITS, AND COMPENSATION
OF NET EXCESS ENERGY SUPPLIED BY CUSTOMER ON-SITE
GENERATION, CASE NO. IPC-E-18.15.
On November 9, 2018, the Commission set a November 30,2018 intervention deadline
for this case. OrderNo. 34189. On May 2,2019, Micron Technology, Inc. ("Micron") filed a late
petition to intervene in the proceeding. The rules for late petitions to intervene, and the late petition
filed by Micron, are summarized below.
RULES GOVERNING 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.
MICRON'S PETITION
Micron filed its petition in anticipation of IPC-E-19-15 being consolidated with this
case in some manner. Micron filed a timely petition to intervene in IPC-E-19-15. Micron states
that the potential for the cases to be combined in some manner did not arise until Idaho Power filed
its Application in this case, therefore justifying its late petition to intervene. Although the
Commission chose not to consolidate IPC-E-18-15 and IPC-E-19-15, the Commission did state
DE,CISION MEMORANDUM 1
that findings in IPC-E-18-15 would be presumptively reasonable in IPC-E-I9-15. Micron states
that if it is granted intervention in this case it would abide by earlier orders and notices and would
not disrupt the proceeding, prejudice existing parties, or unduly broaden the issues.
COMMISSION DECISION
Does the Commission wish to grant Micron's petition to intervene?
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Edward J.
Deputy A
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General
2DECISION MEMORANDUM