20190515notice_of_intervention_deadline_order_no_34335.pdf

Office of the Secretary
Service Date
May 15,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER'S )CASE NO.IPC-E-19-15
APPLICATION TO EVALUATE SCHEDULE )
84 -NET METERING )NOTICE OF INTERVENTION
)DEADLINE
)ORDER NO.34335
On April 5,2019,Idaho Power Company ("Idaho Power"or "Company")filed an
Application requesting the Commission initiate a process to study the continued reasonableness of
terms in Schedule 84 for commercial,industrial,and irrigation ("CI&I")net metering customers.
On April 18,2019,the Commission issued a Notice of Application and Notice of
Procedural Comment Deadline.Order No.34315.The Commission established a two week
comment period for interested parties to comment on how this case should be processed in relation
to IPC-E-18-15 and IPC-E-18-16.Procedural comments were submitted by City of Boise,Idaho
Clean Energy Association,Idaho Conservation League and Vote Solar,Idaho IrrigationPumpers
Association,Micron Technology,Russell Schiermeier,Idaho Chapter Sierra Club,Commission
Staff,and the Company.
On May 9,2019,the Commission held a Decision Meeting at which it discussed the
procedural comments of the parties and determined that this case should be processed as a stand-
alone case and not integrated into either ongoing docket.
DISCUSSION AND FINDINGS
We find that the scope of IPC-E-18-15 should not be broadened to include the interests
of CI&I customers under Schedule 84.IPC-E-18-15 stems from IPC-E-17-13,which focused on
net metering for residential and small general service customers.If we were to merge IPC-E-18-
15 and this case,CI&I net metering customers would be unfairly disadvantaged by not having the
benefit of full participation in the IPC-E-18-15 docket.Further,infusinga new set of parties with
different factual considerations late in that process would likely derail or at least greatly delay
settlement prospects.While we will process this case as a stand-alone case,we expect consistent
application of principles across the dockets.Findings in IPC-E-18-15 will be presumptively
reasonable in this docket,although not binding.We also find that the scope of IPC-E-18-16 is not
impacted by this filing.
NOTICE OF INTERVENTION DEADLINE
ORDER NO.34335 1
We further find that the Company has not sufficiently justified the suspension of
Schedule 84 to new applicants while this case is being processed.The Company requested
suspension of Schedule 84 to new applicants until the value of excess net energy,and other issues
pertinent to the Company's net metering program,are determined.The Company expressed
concern that customers are deciding to install net metering systems on a misguided assumption
that retail net metering rates will continue indefinitely.The Company notes it is studying value-
based compensation structures for net metering participants,the implementation of which will
likelyimpact the economic calculus of investing in a net metering system.We reiterate:Rates and
rate structures are always subject to change.Although this Commission must approve any rate
changes as just,reasonable,and non-discriminatory before they take effect,there is no guarantee
that rates will stay the same indefinitely.Therefore,the likelihood of a change in rates or rate
structure is not a unique situation that justifies suspending a program.CI&I customers are well-
versed in both regulatory proceedings and this Commission's authority and responsibilities.We
expect these customer classes to be fully represented in this proceeding.Indeed,the Idaho
IrrigationPumpers Association has already intervened.As long as solar installers and other sellers
of net metering systems are not misrepresenting how utility rates and rate structures operate,
customers should have sufficient understanding that a change in rates and/or rate structures will
impact the payback period for a net metering system.
We decline to commit ourselves or the parties to a timeline by which to decide the
issues in this case until the parties have an opportunityto meet and discuss scheduling.This case
will broadly impact the ability of the Company's customers to generate their own electricity,and
will also impact the Company's electric system.We understand the value of providing greater
regulatory certainty to market participants,customers,and the Company through a speedy
resolution of these matters.We also understand that reaching compromise and constructing a well
thought out net metering program that appropriately balances the interests of all involved takes
time.The Company has repeatedly stated it wants to collaborativelywork through the issues that
must be explored to establish a fair and effective net metering program.We encourage the
Company to continue this approach so long as it reasonablyprogresses toward compromise.
We previouslysuspended the Company's proposed effective date of April 5,2019 until
October 7,2019.See Order No.34315 (suspending effective date for 30 days plus 5 months under
Idaho Code §61-622(4)).We will continue this suspension.We may thereafter extend the
NOTICE OF INTERVENTION DEADLINE
ORDER NO.34335 2
suspension for 60 more days on a finding of good cause,or permanently upon the written consent
of the party who requested the change to its tariff.Id.If settlement negotiations are ongoing as
the initial October 7,2019 suspension deadline approaches,we expect the Company to provide
timely written consent to extend the suspension period as needed.
NOTICE OF INTERVENTION DEADLINE
YOU ARE HEREBY NOTIFIED that persons who wish to intervene in this matter to
obtain the rights of a party (e.g.,to file formal discovery,or present evidence or cross-examine
witnesses at a hearing)must file a Petition to Intervene with the Commission under the
Commission's Rules of Procedure 72 and 73,IDAPA 31.01.01.072and .073.Persons who wish
to intervene as a party must file a Petition to Intervene no later than 14 days from the service
date of this Order.Such persons shall also provide the Commission Secretary with their
electronic mail address to facilitate further communications.
YOU ARE FURTHER NOTIFIED that persons who would like to present their views
without parties'rights of participation and cross-examinationare not required to intervene but may
present their views by submitting written comments to the Commission.
YOU ARE FURTHER NOTIFIED that the Commission Secretary shall issue a Notice
of Parties after the deadline for intervention has passed.The Notice of Parties shall assign exhibit
numbers to each party in this proceeding.
YOU ARE FURTHER NOTIFIED that once the Notice of Parties is issued,
Commission Staff will informally confer with the parties to discuss a schedule to process this case
and other issues as raised by the parties.
ORDER
IT IS HEREBY ORDERED that IPC-E-19-15 will be processed as a stand-alone case.
IT IS FURTHER ORDERED that persons desiring to intervene for the purpose of
obtaining parties'rights of participation must file a Petition to Intervene with the Commission,
under Rules 72 and 73,IDAPA 31.01.72-.73,no later than 14 days from the service date of this
Order.
IT IS FURTHER ORDERED that,after the Secretary issues a Notice of Parties,Staff
will informally confer with the parties as referenced above.
NOTICE OF INTERVENTION DEADLINE
ORDER NO.34335 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /
day of May,2019.
PAUL KJ A ,PRESIDENT
KRIST E RAPE SIONER
ERIC ANDERSON,COMMISSIONER
Diane M.Hanian
Commission Secretary
I:\Legal\IPC-E-19-15\lPCEl915_nte int dead_ej
NOTICE OF INTERVENTION DEADLINE
ORDER NO.34335 4