20190809Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONEII K.IELLANDER
COMi\{ISSI ON EII RAI'ER
COM ]\{I SSIONER ANDERSON
CONI]\{I SSION SIiCRETARY
COM]\IISSION STAFF
I,EGAL
F'I{ON{:EDWARD JEWIit,L
DEPUTY i\TTORNIiY GENER,\ [,
DA'l'lr.: Atl(;l"iS1'8,21119
SUBJECT: IN THE I\IATTER OF IDAHO POWER'S APPLICATION TO
EVALL,ATE SCHEDLILE 8.1- NET METEITING; CASE NO. IPC-E-19-15.
On April 5.2019, the Company filed its Application in this matter.
On lv{ay 15,2019, the Cornmission set an intervention deadline of May 29,2A19.
Order No. 34335.
On .luly, 26. ?0l9.ldal-lydro tiled a late petition to intervene in this proceeding. The
rules tbr late petitions to intervene. and the late petition filed by ldaHydro, are summarized
belor"l'.
RULES GOVERNING LATE PETITIONS TO INTERVENE
Commission Rules provide that a petitioner seeking inten'c'ntion nrust state its "direct
andsubstantial interest...intheproceeding." IDAP431,01.01,072. Petitionstointervenethat
are not timely filed "must state a substantial reason for delay." IDAPA 31.01.01.073. "The
Commission ma,v deny or conditionally grant petitions to intenene that are not timely filed tor
lailure to state good cause ficrr untimely filing, to prevent disruption, prejudice to existing parties
or undue broadcning of the issues, or fbr other reasons." l/. Also. "lntervenors who do not file
time ly pctitions are bound b1' orders and notices earlier entered as a condition of granting the
untimel,v petition." .Icl, "No order granting a petition to intervene will be acted upon fbw'er than
seven (7) da1's after its filing. excepl in a hearing in rvhich any party may be heard. Any party
opposing a petition to inten'ene must do so by motion in opposition filed *'ithin severr (7) days
alicr receipt of the petition to intervene and served upon all parties of record and upon the person
petitionirrg to intervene." IDAPA 31.01 ,01 .071.
DE C I S I ON N,,{ EN,I O&,\N DI.]I\,{
IDAHYDRO'S PETTTION
IdaHydro describes itself as "a conl'ederacy of Idaho small hydroelectric producers
joined in atrust fbr mutual benefit, consisting of approximately 80 MW ol'capacity produced hry
28 small hydroelectric plants." Petition to Intervene at 2. IdaFlydro claims a direct and
substantial interest in the proceeding and states that its intervention rvould not unduly broaden
the issues or delay the proceedings. Idallydro does not statc a reason u4ry its Petition to
Intervene is untimely.
COMMISSION DEC]ISION
Does the Cornmission r.vish to granl ldal"lyclro's petition to infervene?
lrd
Deputy General
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2DECISION MEMORANDT]M
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