20180928Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:EDITH PACILLO
DEPUTY ATTORNEY GENERAL
DATE: SEPTEMBER 26,2018
SUBJECT:IN THE MATTER OF ROCKY MOUNTAIN POWER'S APPLICATION
FOR A PRUDENCY DETERMINATION OF DEMAND-SIDE
MANAGEMENT EXPENSES; CASE NO. PAC-E-18-07.
On August 24,2018, the Commission set a September 14,2018 intervention deadline
for this case. Order No. 34129. On September 19,2018, Idaho Irrigation Pumpers Association,
Inc. (IIPA) filed a late petition to intervene in the proceeding. On September 24,IIPA filed an
amended late petition to intervene. Neither Staff nor the parties (Rocky Mountain Power,
Monsanto Company, and PacifiCorp Idaho Industrial Customers) has objected to IIPA's petition
or amended petition. The rules for late petitions to intervene, and the late petition filed by IIPA,
are summarized below.
RULES GOVERNING LATE PETITIONS TO INTERVENE
Commission Rules provide that a petitioner seeking intervention must state its "direct
and substantial interest. . . in the proceeding." IDAPA 31.01.01 .072. Petitions to intervene that
are not timely filed "must state a substantial reason for delay." IDAPA 31.01.01.073. "The
Commission may deny or conditionally grant petitions to intervene that are not timely filed for
failuie 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, "Intervenors who do not file
timely petitions are bound by orders and notices earlier entered as a condition of granting the
untimely petition." Id.
IIPA'S PETITION
IIPA states that it and its members have a direct and substantial interest in this case and
that it intends to participate in all respects. IIPA Amended Petition at2. IIPA states that without
the opportunity to intervene, it would be without a manner or means of participating in the lawful
IDECISION MEMORANDUM
determination of issues that will affects its rates. IIPA Amended Petitionat2- IIPA states that the
petition is untimely because IIPA's ability to get in touch with its executive committee to get
approval to intervene was delayed due to fall harvest obligations. Amended Petition at 2. IIPA
asserts that its late intervention would not prejudice other parties in the proceeding because the
parties have not yet discussed scheduling and that granting the petition would not unduly broaden
the issues or delay the proceeding. IIPA Amended Petition at 2. IIPA requests permission to
participate as a party in all matters as may be necessary and appropriate. IIPA Amended Petition
at2.
COMMISSION DECISION
Does the Commission wish to grant IIPA's late to intervene?
Pacillo
Deputy Attorney General
l:\LegaI\ELECTNC\PAC-E-18-07\memos\PACEl807 memo re IIPA late in_ep docx
2DECISION MEMORANDUM