20200220Intervention_Order_No_34557.pdf

Office of the Secretary
Service Date
February 20,2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ROCKY MOUNTAIN )CASE NO.PAC-E-19-20
POWER'S APPLICATION FOR APPROVAL )OF THE 2020 PACIFICORP INTER-)JURISDICTIONAL ALLOCATION )ORDER NO.34557
PROTOCOL )
On February 4,2020,Monsanto filed an amended petition for late intervention in this case.
On February 5,2020,Idaho Conservation League ("ICL")filed a late petition to intervene.Having
reviewed the record,we conditionallygrant Monsanto's and ICL's petitions as follows.
FINDINGS AND DISCUSSION
On January 8,2020,the Commission set a January 29,2020 intervention deadline in this
case.Order No.34525.Monsanto and ICL filed their late petitions to intervene on February 4 and
5,2020,respectively.The petitions of Monsanto and ICL are,therefore,untimely.
Untimely petitions to intervene are governed by Rules 71-75,IDAPA 31.01.01.071-.075.
Based on the record,we find that both Monsanto and ICL have shown good cause for the untimely
filings,and that each has a direct and substantial interest in this proceeding and will not unduly
broaden the issues.We thus find it reasonable to grant Monsanto's and ICL's untimelypetitions
to intervene on the condition that neither Monsanto nor ICL delay,disrupt,or undulybroaden the
issues in this proceeding.We note that,per Rule 73,Monsanto and ICL are bound by all prior
orders and notices issued in the case.
We acknowledgethe reasons for late intervention stated in the intervenors'petitions were
lack of notice from Staff and the Company.To be clear,the sole reliance by any intervenor,
including the sophisticated intervenors in this case,on courtesy notices from either a company
when filing an application or from the Commission's Staff when pertinent intervention dates and
deadlines are set by order is inappropriate.While we are granting late intervention to ICL and
Monsanto,it is ultimately the intervenor's responsibility to track pertinent dates and deadlines in
cases they are interested in.
ORDER NO.34557 1
ORDER
IT IS THEREFORE ORDERED that the Petition to Intervene filed by ICL is hereby
granted.
IT IS THEREFORE ORDERED that the Petition to Intervene filed by Monsanto is hereby
granted.
IT IS FURTHER ORDERED that all parties in this proceeding serve all papers hereafter
filed in this matter on all parties of record.The Intervenors are represented by the followingfor
purposes of service:
Idaho Conservation League:
Benjamin Otto
Idaho ConservationLeague
710 N.6th St
Boise,Idaho 83702
botto@idahoconservationgrg
Monsanto Company:
Randall C.Budge Brubaker &Associates
Thomas J.Budge Brian C.Collins
Racine Olsen,PLLP Maurice Brubaker
P.O.Box 1391 16690 Swingley Ridge Rd.,#140
201 E.Center Chesterfield,Missouri 63017
Pocatello,Idaho 83204-1391 bcolins consulatbai.com
[e-mail] mbrubaker consultbai.com
ti racineolsen.com
ORDER NO.34557 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of February 2020.
PAUL KJELLAlÑDER,PRESIDENT
KRIS I E RAPER,CO ISSIONER
ERIC ANDERSON,COMMISSIONER
Diane M.Hanian'
Commission Secretary
I:\Legal\ELECTRIC\PAC-E-19-20\orders\PACE1920ICL_Monsanto_late_in_dh.docx
ORDER NO.34557 3