20170418Petition to Intervene-2.pdf

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Gregory M. Adams (ISB No. 7454)
Peter J. Richardson (ISB No. 3195)
Richardson Adams, PLLC
515 N.27th Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone]
Fax: [phone]
greg@richardsonadams. com
peter@richardsonadams. com
Attorneys for Rock Rolling Properties #2,LLC
BEFORE THE
IDAHO PUBLIC UTILTTIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
IDAHO POWER COMPANY FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO CONSTRUCT SYSTEM
IMPROVEMENTS FOR WOOD RIVER
VALLEY CUSTOMERS
CASE NO. IPC-E-16-28
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PETTTION TO INTERVENE OUT OF
TIME OF ROCK ROLLING
PROPERTIES #2, LLC
Rock Rolling Properties#2, LLC hereby petitions to intervene out of time in this
proceeding under the Idaho Public Utilities Commission ("Commission") Rule of Procedure,
Rule 7l IDAPA 31.01.01.71, and the Notice of lntervention Deadline issued on November29,
2016, in Order No. 33657, and as grounds therefore states as follows:
l. The name and address of this Intervenor is:
Rock Rolling Properties #2, LLC
c/o John Dondero
PO Box 739
Sun Valley, tD 83353
Copies of all pleadings, production requests, production responses, Commission orders
and other documents should be provided to Gregory M. Adams at the address noted above.
PETITTON TO INTERVENE OUT OF TIME OF ROCK ROLLING PROPERTIES #2, LLC
rPC-E-16-28
PAGE 1
2. Rock Rolling Properties #2, LLC is the owner of real property located on the east
side of Hospital Drive in Blaine County, Idaho, identified as Tax Lot8024. For ease of
reference, Attachment One to this Petition depicts the lot owned by Petitioner Rock Rolling
Properties #2,LLC, and Attachment Two depicts an aerial view of the lot.
3. There is currently no distribution or transmission line running along Hospital
Drive, and Rock Rolling Properties #2,LLC's lot possesses a view to the west of the slopes of
Bald Mountain where Sun Valley's ski resort is operated. Idaho Power seeks authorization in
this proceeding to place an overhead 138-kilovolt transmission line along the east side of
Hospital Drive. Idaho Power has not contacted Rock Rolling Properties#2, LLC to discuss a
precise location, but it appears that the overhead configuration along Hospital Drive would place
the transmission line either directly abutting the property owned by Rock Rolling Properties #2,
LLC, or possibly even running across the property. Rock Rolling Properties #2,LLC is not
aware of whether Idaho Power intends to condemn its property. In any event, however, the
above-ground configuration along Hospital Drive would substantially impair the value, use, and
enjoyment of the property by, among other impacts, directly impairing the view of Bald
Mountain from Rock Rolling Properties #2,LLC's lot, limiting future beneficial uses of the
property, and generally changing the character ofthe property and the surrounding area.
4. The substantial impact of Idaho Power's proposal on Rock Rolling Properties #2,
LLC cannot be seriously disputed. The Idaho Supreme Court has recognized that "by their very
nature, utility transmission lines impact the land they occupy both visually and physically.
Depending on the present and future use of the property, there are innumerable ways the effects
PETITION TO TNTERVENE OUT OF TIME OF ROCK ROLLING PROPERTIES #2, LLC
IPC-E-16-28
PAGE 2
could be encountered."l In this case, the Wood River Community Advisory Committee,
referenced in Idaho Power's application, recommended that the 138-kilovolt transmission line be
placed underground along Hospital Drive to mitigate these impacts. Additionally, in denying
Idaho Power's application for a conditional use permit, the Blaine County Planning andZoning
Commission specifically relied upon "the impact to property value of lands running adjacent to a
new transmission line," and it further found that "[w]here an existing distribution line does not
exist along Hospital Drive and then along either the highway or the bike path to the north from
there, a new transmission line will not be harmonious and appropriate in appearance with the
existing or intended character of this area."2
5. As a directly impacted property owner, Rock Rolling Properties #2, LLC received
a notice of the local land use approval proceedings from Blaine County by letter dated
September 26,2016. The representatives of Rock Rolling Property, LLC attended and
participated in the ensuing proceedings before the Blaine County Planning and Zoning
Commission, which resulted in denial of Idaho Power's request for a conditional use permit for
the overhead transmission line.
6. Rock Rolling Properties #2, LLC therefore claims a direct and substantial interest
in this proceeding. It will suffer substantial economic impacts if, as proposed by Idaho Power,
the western boundary of its property is permanently marred by industrial transmission towers
that may be up to 60 feet tall with high-voltage lines.
I Manookianv. Blaine County,l 12Idaho 697,701,735P.2d 1008, l012 (1987).2 Re: Application of ldaho Power Companyfor a Condition (Jse Permit (CUP), Blaine County
Planning and Zoning Commission, Findings of Fact, Conclusions of Law and Decision, at 9- l0 (March 1,
2017).
PETITION TO TNTERVENE OUT OF TIME OF ROCK ROLLING PROPERTIES #2, LLC
IPC-E-16-28
PAGE 3
7. Good cause exists to grant this Petition to Intervene out of time under the
Commission's Rule of ProcedureT3,IDAPA 31.01.01.73. Although receiving written notice
from Blaine County regarding the conditional use permit proceedings, to the best of Rock
Rolling Properties #2,LLC's information and belief, Rock Rolling Properties#2, LLC did not
receive a notice from Idaho Power that it would initiate this separate proceeding where ldaho
Power would argue that Blaine County's land use decision would be "null and void" to the extent
it conflicts with the outcome of this proceeding.3 Rock Rolling Property, LLC more recently
became aware of Idaho Power's position before this Commission and is now justifiably
concerned that its property value, as well as use and enjoyment of its property and the general
quality of life in the Wood River Valley, will be adversely impacted by the overhead line as
proposed to this Commission.
8. Additionally, good cause also exists because Rock Rolling Property,LLC
represents a unique interest not currently represented in this proceeding. Hospital Drive is
uniquely impacted by Idaho Power's proposal because there is currently no distribution or
transmission line along the street. It is not clear from Idaho Power's application that it has fully
and adequately considered the economic costs and safety implications of placing a new 138-
kilovolt line in this area. Without waiving its right to seek compensation in appropriate fora for
diminished property value resulting from construction of the transmission line, Rock Rolling
Properties #2,LLC may be able to assist the Commission to understand the economic impacts to
the properties along Hospital Drive. These are unique and important factors that the
3 See ldaho Power's Application at 14,\25
PETITION TO INTERVENE OUT OF TIME OF ROCK ROLLTNG PROPERTIES #2, LLC
IPC-E-16-28
PAGE 4
Commission should consider in deciding whether to approve a Certificate of Public Convenience
and Necessity as requested by Idaho Power.
9. Although it is after the deadline for petitions to intervene, Rock Rolling Properties
#2,LLC makes this filing prior to the due date for the first round of intervenor and staff
testimony set for May 5, 2017, and over three months in advance of the scheduled technical
hearing on August 8-9,2017. If granted intervention, Rock Rolling Properties #2,LLC consents
to be bound by orders and notices entered prior to its intervention. No party is prejudiced by this
proposed untimely intervention. Therefore, good cause exists for untimely intervention, and it
would be unreasonable and unjust to deny this Petition to Intervene.
10. Rock Rolling Properties #2, LLC, through legal counsel, intends to participate
herein as a party, and if necessary, to introduce evidence, cross-examine witnesses, call and
examine witnesses, and be heard in argument. The nature and quality of evidence which Rock
Rolling Properties #2,LLC will introduce is dependent upon the nature and effect of other
evidence in this proceeding.
11. Without the opportunity to intervene herein, Rock Rolling Properties#2,LLC
would be without any means of participation in this proceeding which may have a material
impact on the value, use, and enjoyment of its property.
12. Granting Rock Rolling Properties #2, LLC Petition to lntervene will not unduly
broaden the issues beyond their proper scope, nor will it prejudice any party to this case.
WHEREFORE, Rock Rolling Properties#2, LLC respectfully requests that this
Commission grant this Petition to Intervene in these proceedings and to appear and participate in
all matters as may be necessary and appropriate; and to present evidence, call and examine
witnesses, present argument and to otherwise fully participate in these proceedings.
PETITION TO INTERVENE OUT OF TIME OF ROCK ROLLING PROPERTIES #2, LLC
IPC-E-16-28
PAGE 5
DATED: April 18,2017
RICHARDSON ADAMS, PLLC
By
M. Adams (ISBNo. 7454)
PETITION TO INTERVENE OUT OF TIME OF ROCK ROLLING PROPERTIES #2, LLC
IPC-E-16-28
PAGE 6
ATTACHMENT 1
Record of Survey of
Rock Rolling Properties, LLC (Tax Lot7158) and
Rock Rolling Properties #2, LLC (Tax Lot 8024)
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ATTACHMENT 2
Aerial Photograph of
Rock Rolling Properties, LLC and
Rock Rolling Properties #2, LLC
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 18ft day of April 2Ol7,I served a true and
correct copy of this PETITION TO INTERVENE on the following via First Class
Mail and Electronic Mail:
Diane Hainan, Secretary
(Hand Delivery)
Idaho Public Utilities Commission
472 W Washington Street
Boise, ID 83702
Diane. holt@puc. idaho. gov
Tim Tatum
Idaho Power Company
I22l W ldaho Street
Boise ID 83702
t. tatum@idahopower. com
Kiki Leslie A. Tidwell
300 Let'er Buck Road
Hailey, Idaho 83333
[e-mail]
Zack Waterman
Director, Idaho Sierra Club
503 W Franklin Street
Boise, Idaho 83702
zack.w aterman@sie rrac lub. o rg
Daphne Huang
IPUC
472 W Washington
Boise, ID 83702
daphne. huang@puc. idaho. gov
C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock Street, Suite 900
Boise, ID 83702
tom. arkoosh@arkoosh. com
Donovan Walker
Idaho Power Company
l22l W Idaho Street
Boise, Idaho 83702
dwalker@idahopower. com
docket@idahopower. com
Peter Richardson
Richardson Adams, PLLC
515 N 27th Street
Boise ID 83702
peter@richardsonadams. com
Laura Midgley
231 Valley Club Drive
Hailey, Idaho 83333
[e-mail]
Benjamin Otto
Idaho Conservation League
710 N Sixth Street
Boise, Idaho 83702
bott@idahoconservation. org
Camille Christen
IPUC
472 W Washington
Boise, ID 83702
camille. christen@puc. idaho. gov
Matthew A. Johnson
Wm. F. Gigray
White Peterson Gigray & Nichols, PA
5700 E. Franklin Rd., Suite 200
Nampa, Idaho 83687
mj ohn son@whitepeterson. com
Michael Heckler
3606 N Prospect Way
Garden City, Idaho 83714
Michael. p. heckle@gmail. com
By:
M. Adams
Richardson Adams, PLLC