20210115Decision Memo.pdf

DECISION MEMORANDUM 1

DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: JOHN R. HAMMOND JR.
DEPUTY ATTORNEY GENERAL

DATE: JANUARY 15, 2021

SUBJECT: IDAHO POWER COMPANY’S APPLICATION FOR APPROVAL OR
REJECTION OF AN ENERGY SALES AGREEMENT WITH COLEMAN
HYDROELECTRIC LLC; CASE NO. IPC-E-20-27.

On January 4, 2021, Coleman Hydroelectric, LLC, (“Coleman”) filed a Petition to
Intervene (“Petition”). No one has objected to Coleman’s Petition to Intervene.
PETITION TO INTERVENE
This case involves an Energy Sales Agreement (“ESA”) between Idaho Power Company
(“Idaho Power”) and Coleman. Idaho Power, alone, applied for the Commission to approve or
reject the ESA. Coleman did not jointly file the Application with Idaho Power. Coleman
nevertheless asks the Commission to deem it an original party to this proceeding, under
Commission Rule Procedure 31, IDAPA 31.01.01.031, because: (1) Coleman is the counter party
to Idaho Power in their ESA; (2) Coleman is a “petitioner” that has filed a Petition for
Reconsideration of Order No. 34870, and Rule 31 defines “parties” to include “petitioners;” and
(3) the Commission has treated Coleman as an original party through service of documents and
filings on Coleman and its counsel. Id.
Alternatively, Coleman requests the Commission allow Coleman to intervene under Rule
71 because this proceeding will directly and substantially affect it. Further, unless it is recognized
as a party, its right to fully participate in this proceeding, and any resulting appeal, may be
materially compromised. Id. at 3. Coleman argues its intervention would not unduly broaden the
issues or unduly prejudice any existing party. Id. Coleman asserts its Petition is timely under Rule
73 because the Commission has not set an intervention deadline or held a hearing or procedural
DECISION MEMORANDUM 2

conference. Id. Last, Coleman asserts its intervention would not impact deadlines in the
reconsideration process because no hearing has been scheduled. Id.
COMMISSION DECISION
Does the Commission wish to recognize Coleman as an original or intervening party in this
matter?

__________________________
John R. Hammond Jr.
Deputy Attorney General

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