20200814Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLAIIDER
COMMISSIONER RAPER
COMMIS SIONER AIIDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:JOHN R. HAMMOND JR.
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 13,2020
SUBJECT PETITION TO INTERVENE OF TED SORENSON OF WOOD HYDRO,
LLC REGARDING IDAHO POWER COMPAI\Y'S APPLICATION FOR
APPROVAL OR REJECTION OF AN ENERGY SALES AGREEMENT
WITH BIG WOOD CANAL COMPAI\Y; CASE NO. IPC-E-19-38.
On August 11,2020, Ted Sorenson of Wood Hydro, LLC (collectively 'oWood Hydro")
filed a Petition to Intervene. Wood Hydro represents it leases the Facility from the owner Big
Wood Canal Company ("Big Wood"). Petition at l. Wood Hydro has previously filed comments
and supplemental comments in this case.
THE PETITION
Wood Hydro claims as the lessee and operator of the Facility it has a financial interest
in the Energy Sales Agreement ("ESA") and makes it a "real party of interest", and subject to
hnancial impact depending on what terms and conditions the Idaho Public Utilities Commission
approves as part of the ESA. 1d. Wood Hydro believed that its interests were protected by Order
No. 34677, but it believes it must respond to Staffs comments that would impact its financial
interests if approved by the Commission. Id. at2.
Wood Hydro acknowledges its Petition to Intervene is filed late but that until StafPs
recent comments were filed it did not believe it was necessary to intervene in this case. Id. Wood
Hydro asserts that it will abide by the orders and notices entered prior to its intervention in this
proceeding. Wood Hydro also asserts that its intervention will not disrupt the proceeding,
prejudice to existing parties, or undue broadening of the issues presented in this proceeding. Wood
Hydro intends to participate herein as a party, and if necessary or allowed, to introduce evidence,
cross-examine witnesses, call and examine witnesses, and be heard in argument. The nature and
DECISION MEMORANDUM
quality of evidence with Wood Hydro will introduce is dependent upon the nature and effect of
the other evidence in this proceeding.
STAFF RECOMMENDATION
Wood Hydro has previously submitted comments in this case and as the operator of the
Facility certainly has an interest in the subject matter herein. Based on the current record in the
case Wood Hydro has participated in it throughout. The Commission could either grant the
Petition or simply recognize that Wood Hydro was automatically treated as a party in this case due
to it leasing and operating the Facility.
COMMISSION DECISION
Does the Commission wish to grant Wood Hydro's Petition to Intervene?
R. Hammond Jr
Attorney General
I:IegaI\ELECTR]CUPC-E-19-3S\memsUPCEl938_d4 mem_idtefraejh docx
2DECISION MEMORANDUM