20190315Decision Memo.pdf

DECISION MI,MORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:EDWARD J. JEWELL
DBPUTY ATTORNEY GBNERAL
DATE: MARCH 15,2019
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-SITB
GENERATION, CASE NO. IPC-f,-l8.I5.
On November 9, 201 8, the Commission set a November 30, 201 I intervention deadline
for this case. Order No. 34 I 89. On March I 3, 201 9, NW Energy Coalition ("NWEC") filed a late
petition to intervene in the proceeding. The rules for late petitions to intcrvene, and the late petition
filcd by AWEC, are summarized below.
RULES GOVBRNING LATE PETITIONS TO INTERVENB
Commission Rules provide that a petitioner seeking intervention must state its "direct
and substantial interest . . . in the proceeding." IDAPA 3 l.0l .0 t .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 fbr other reasons." Id. Also, o'lntervenors who do not file
timely petitions are bound by orders and notices earlier entered as a condition of granting the
untimely petition." .k/.
NWf,C'S PETITION
NWEC represents l1 organizational members in Idaho and "promotes development of
renewable energy and energy conservation, consumer protection, low-income energy assistance,
and fish and wildlife restoration on the Columbia and Snake Rivers" on behalf of its members and
therefore has a direct and substantial interest in these proceedings. Petition to Intervene at 2.
DECISION MEMORANDUM I
NWEC is a party to docket IPC-E-I8-16, a parallel proceeding examining Idaho Power's fixed
costs of providing electricity to its consumers.
NWEC states that as the dockets have progressed, it has become apparent that the issues
and information of the dockets overlap. NWEC seeks to intervene in this docket to avoid any
potential issues regarding the sharing of confidential information. NWEC states that it will not
broaden the issues, delay the proceeding, or otherwise prejudice the existing parties to this docket,
NWEC states that it intends to fully participate in this matter as a parly and seek intervenor funding.
NWEC states that it has been a party in cases before the Comrnission and has participated in
distributed encrgy proceedings in ldaho, Montana, Washington, and Oregon.
COMMISSION DECISION
Does the Commission wish to grant the NWEC's late petition to intervene?
Ed J
Deputy
I \Lcgal\ILECTRIC\I1(-0.18-l JWcn:os',ll{E I $15 . a14
tDECISION MEMORANDUM