20200821Intervention_Order_No_34755.pdf

ORDER NO. 34755 1

Office of the Secretary
Service Date
August 21, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH BIG
WOOD CANAL COMPANY FOR THE SALE
AND PURCHASE OF ELECTRIC ENERGY
FROM THE SAGEBRUSH HYDRO
PROJECT
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CASE NO. IPC-E-19-38

ORDER NO. 34755

On August 11, 2020, Wood Hydro, LLC (“Wood Hydro”) filed a Petition to Intervene
(“Petition”). The Petition was filed after the Commission granted a petition to clarify final Order
No. 34677. See 34727. No objections were filed to the Petition.
PETITION TO INTERVENE
Commission Rules provide that a petitioner seeking intervention must state its "direct
and substantial interest ... in the proceeding." Commission Rule of Procedure 72, IDAPA
31.01.01.072. Petitions to intervene that are not timely filed "must state a substantial reason for
delay." Rule 73. "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, "[i]ntervenors
who do not file timely petitions are bound by orders and notices earlier entered as a condition of
granting the untimely petition." Id.
Wood Hydro states it leases the Sagebrush Hydro Project (“Facility”) from the Big
Wood Canal Company (“Owner”) and will operate it under the terms of the energy sales agreement
(“ESA”) between the Owner and Idaho Power Company (“Company”). Wood Hydro asserts it
has "a direct and substantial interest" in this case because it has a financial interest in the ESA.
Petition to Intervene at 1.
COMMISSION FINDINGS
The Commission previously found in this case that the public interest did not require a
formal hearing and that it would proceed under Modified Procedure pursuant to Rules 201 through
204 of the Commission’s Rules of Procedure, IDAPA 31.01.01.201. through .204. See Order No.
34529. The Commission did not establish an intervention deadline in this case. Here, the Petition
ORDER NO. 34755 2

was filed after the Commission had issued its final order clarifying Order No. 34677. See Order
Nos. 34677 and 34727. Wood Hydro thus filed its Petition extremely late in this proceeding. The
Commission notes, however, that no party opposed the Petition. Further, Wood Hydro, who
operates the Facility, has participated in this case since its inception. Wood Hydro previously filed
written comments in this case on February 5, 2020, March 17, 2020, and June 30, 2020. Wood
Hydro filed additional comments when it filed the Petition on August 11, 2020. Based on the
above, the Commission finds Wood Hydro has a direct and substantial interest in this case.1 The
Commission finds that intervention by this party would serve the purposes of intervention as
described by Rule 74 of the Commission’s Rules of Procedure, IDAPA 31.01.01.074. The
Commission also finds that granting this intervention would not prejudice any party and that
intervention should be granted. Finally, granting intervention would not unduly broaden the issues
in the case. As set forth in Rule 73, IDAPA 31.01.01.073, Wood Hydro is "bound by orders and
notices earlier entered as a condition of granting the untimely petition".
ORDER
IT IS THEREFORE ORDERED that the Petition to Intervene filed by Wood Hydro is
hereby granted.
IT IS FURTHER ORDERED that all parties in this proceeding serve all papers
hereafter filed in this matter on all parties of record. The Intervenor is represented by the following
for purposes of service:
Wood Hydro, LLC:

C. Thomas Arkoosh
Amber Dresslar
Arkoosh Law Offices
802 W. Bannock St., Ste. LP 103
P.O. Box 2900
Boise, ID 83701
[e-mail]
[e-mail]
[e-mail]

1 For interested persons and parties Commission Rule of Procedure 203 provides that in cases processed by Modified
Procedure, “[a]ny person affected by the proposal of the moving party may file a written protest, support or comment
before the deadline of the notice of modified procedure.”

ORDER NO. 34755 3

IT IS FURTHER ORDERED that parties continue to comply with Order No. 34602,
issued March 17, 2020. All pleadings should be filed with the Commission electronically and shall
be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 21st
day of August 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-19-38\orders\IPCE1938_intervene_jrh.docx