20190624Decision Memo.pdf

DECTSION MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:EDWARD J. JEWELL
DEPUTY ATTORNEY GENERAL
DATE: JUNE 24,2019
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,Idaho Power filed IPC-E-19-15, which will examine the terms and
compensation structure for commercial, industrial, and irrigation 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 14, 2019, Russell Schiermeier filed a late petition to intervene in this
proceeding and a late petition to intervene in IPC-E- l8- 16. The rules for late petitions to intervene,
and the late petition filed by Mr. Schiermeier, 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." /d
1DECISION MEMORANDI]M
RUSSELL SCHIERMEIER'S PETITION
Russell Schiermeier states that he owns and operates farming operations in Owyhee
County, Idaho, which currently host several net metering systems and potential net metering sites.
Petition to Intervene at 1 . Mr. Schiermeier timely filed a petition to intervene in IPC-E- I 9- I 5 and
concurrent to this petition filed a petition to intervene in IPC-E- I 8- I 6. Mr. Schiermeier states that
the overlap in dockets IPC-E-18-15, IPC-E-18-16, and IPC-E-19-15 necessitates intervention and
participation in all three dockets. Mr. Schiermeier states that granting him intervention will not
disrupt the proceedings, prejudice existing parties, nor unduly broaden the issues.
COMMISSION DECISION
Does the Commission wish to grant Russell Schiermeier's petition to intervene?
*
Edward J. J
Deputy General
l:\Legal\ElECTRIC\lPC-E-l tl- I 5\N,lemos\IPCE I 8 I 5,ej7
2DECISION MEMORANDUM