HomeMy WebLinkAbout20220816Decision Memo.pdf
DECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: RILEY NEWTON
CHRIS BURDIN
DEPUTY ATTORNEY GENERALS
DATE: AUGUST 16, 2022
SUBJECT: IN THE MATTER OF IDAHO POWER COMPANY’S APPLICATION TO
COMPLETE THE STUDY REVIEW PHASE OF THE COMPREHENSIVE
STUDY OF COSTS AND BENEFITS OF ON-SITE CUSTOMER
GENERATION & FOR AUTHORITY TO IMPLEMENT CHANGES TO
SCHEDULES 6, 8, AND 84; CASE NO. IPC-E-22-22.
On June 30, 2022, Idaho Power Company (“Company”) filed an Application with the
Commission requesting that the Commission complete the study review phase of the multi-phase
collaborative process being undertaken by the Company to study the costs, benefits, and
compensation of net excess energy associated with customer on-site generation. Application at 1-
2. The Company also filed the Value of Distributed Energy Resources study and associated
appendices (“Study”), a customer notice and bill insert, and the Direct Testimony of Grant T.
Anderson, Regulatory Consultant.
The Company requests the Commission: (1) establish a formal process for the public and
other parties to comment on the Study; and (2) issue an order declaring that the Study complies
with previous Commission directives and directing modifications to the Company’s on-site
generation service offerings. Id. at 2.
On July 14, 2022, the Commission issued a Notice of Application and Notice of a 21-day
Intervention Deadline.
Clean Energy Opportunities for Idaho, Idaho Hydroelectric Power Producers Trust, an
Idaho Trust, d/b/a IdaHydro, and Idaho Irrigation Pumpers Association, Inc. were granted
intervention in this case on July 27, 2022. Order No. 35472.
DECISION MEMORANDUM 2
The Idaho Conservation League, Industrial Customers of Idaho Power and the city of Boise
City were granted intervention in this case on August 9, 2022. Order No. 35493.
Richard E. Kluckhohn, and Wesley A. Kluckhohn (collectively, “Kluckhohns”) pro se and
Micron Technology, Inc. petitioned to intervene on August 1, 2022, and August 2, 2022,
respectively.
On August 4, 2022, Ryan Bushland, an officer of ABC Power Company LLC (“ABC”),
and Joshua Hill, the President of the board of directors of Idaho Solar Owners Network (“ISON”),
petitioned to intervene on behalf of their respective corporations.
STAFF RECOMMENDATIONS
Staff notes Rule 43, IDAPA 31.01.01.043.01, permits an employee or officer of a
corporation to represent that corporation in an administrative proceeding before the Commission.
“Administrative proceedings before the Commission include matters such as . . . written comments
in modified procedure, or written comments provided at a customer hearing. IDAPA
31.01.01.043.01. Staff notes Rule 43, IDAPA 31.01.01.043.02, requires a corporation to be
represented by a licensed attorney in a quasi-judicial proceeding. “Quasi-judicial proceedings
before the Commission include matters such as formal complaints, petitions, motions, applications
for modified procedure or technical/evidentiary hearings.” IDAPA 31.01.01.043.02.
Staff recommends that ABC and ISON’s Petitions to Intervene be granted subject to the
requirements of Rule 43, IDAPA 31.01.01.043 and Rules 71 through 75, IDAPA 31.01.01.071-
.075. As corporations without attorney representation, Staff further recommends that ABC and
ISON’s participation as intervenors be limited to receiving discovery and submitting written
comments. Staff does not believe that ISON and ABC, absent attorney representation, should be
permitted to propound discovery as described under Rule 221, IDAPA 31.01.01.221, introduce
evidence, cross-examine witnesses, present oral argument, or otherwise participate in a technical
or evidentiary hearing.
COMMISSION DECISION
Does the Commission wish to grant ISON and ABC’s Petitions to Intervene subject to Rule
43, IDAPA 31.01.01.043, and Rules 71 through 75, IDAPA 31.01.01.071-.075, consistent with
Staff’s recommendations?
____________________________
Riley Newton
Deputy Attorney General
I:\Legal\ELECTRIC\IPC-E-22-22 On-Site Generation\memos\IPCE2222_dec2_rn.docx