20190816Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:EDWARD JEWELL
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 15, 2019
SUBJECT: IN THE MATTER OF IDAHO POWER'S APPLICATION TO
EVALUATE SCHEDULE 84 - NET METERING; CASE NO. IPC-E-19-15.
On April 5,2019, the Company filed its Application in this matter.
On May 15, 2019, the Commission set an intervention deadline of May 29,2019.
Order No. 34335
On July 26,2019, IdaHydro filed a late petition to intervene in this proceeding. The
rules for late petitions to intervene, and the late petition filed by IdaHydro, are summarized
below.
On August 13, 2019, the Commission did not approve or deny the petition to
intervene, but noted that the petition did not state a substantial reason for delay, as required by
Commission Rule 73. The Commission provided IdaHydro an opportunity to revise its filing.
On August 15,2019, IdaHydro filed an amended petition to intervene.
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
DECISION MEMORANDUM 1
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.
IDAHYDRO'S PETITIONS
IdaHydro describes itself as "a confederacy of Idaho small hydroelectric producers
joined in a trust for mutual benefit, consisting of approximately 80 MW of capacity produced by
28 small hydroelectric plants." Petition to Intervene at 2. IdaHydro claims a direct and
substantial interest in the proceeding and states that its intervention would not unduly broaden
the issues or delay the proceedings. IdaHydro, in its amended petition to intervene, states that it
has come to understand that IPC-E-18-15 and IPC-E-19-15 may have some bearing on PURPA
avoided costs, which would impact IdaHydro members. See Amended Petition to Intervene at2.
COMMISSION DECISION
Does the Commission wish to grant IdaHydro's petition to intervene?
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Edward J.
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2DECISION MEMORANDUM