20190607Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:EDWARD J. JEWELL
DEPUTY ATTORNEY GENERAL
DATE: JUNE 7,2019
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. Order No. 34189.
On April 5,2019,ldaho Power filed IPC-E-19-15, which will examine the terms and
compensation structure for commercial, industrial, and inigation customers with net metering
systems. On May 15,2019, the Commission issued a Notice of Intervention Deadline in IPC-E-
l9-15 that stated, "Findings in IPC-E-18-15 will be presumptively reasonable in [the IPC-E-19-
l5] docket, although not binding." Order No. 34335.
On June 4,2019, Industrial Customers of Idaho Power ("ICIP") filed a late petition to
intervene in this proceeding and a late petition to intervene in IPC-E-18-16. The rules for late
petitions to intervene, and the late petition filed by ICIP, 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, "lntervenors who do not file
timely petitions are bound by orders and notices earlier entered as a condition of granting the
untimely petition." 1d "No order granting a petition to intervene will be acted upon fewer than
IDECISION MEMORANDUM
seven (7) days after its filing, except in a hearing in which any party may be heard. Any party
opposing a petition to intervene must do so by motion in opposition filed within seven (7) days
after receipt of the petition to intervene and served upon all parties of record and upon the person
petitioning to intervene." IDAPA 3 1.01.01.074.
ICIP's PETITION
ICIP is an unincorporated association of Idaho Power Schedule 19 customers. Petition
to Intervene at2. ICIP timely filed a petition to intervene in IPC-E-19-15 and concurrent to this
petition filed a petition to intervene in IPC-E-18-16. ICIP states,
It has become apparent as the IPC-E-I8-15 and IPC-E-I8-16 cases
have evolved that, in order to fully evaluate the issues and discovery
responses and requests that are relevant to all three dockets, that
Party status in all three dockets will be necessary. In addition, it is
the ICIP's understanding that conhdential settlement discussions
may be taking place on issues that overlap all three dockets. 1d at
2-3.
ICIP goes on to state that its intervention would not disrupt the proceedings, prejudice existing
parties, nor unduly broaden the issues and that it agrees to be bound by all previously issued
scheduling orders and the discovery process in place. Id. at3. ICIP represents that counsel for
Idaho Power has indicated that the company does not object to ICIP's intervention in this
proceeding. 1d No other party has indicated they will object.
COMMISSION DECISION
Does the Commission wish to grant ICIP's petition to intervene?
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Deputy alo,lney General
l:\LegaI\ELECTRIC\IPC-E- I 8- I 5\Ivtemos\lPCE l8l 5_ej6
2DECISION MEMORANDUM