20200619Amended Petition to Intervene.pdf

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,{J"'v(}ahi[Y$RANDALL C. BUDGE
randy @ racineolson.com
June 17,2020
Diane Hanian, Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ldaho 83720-007 4
diane. holt@ puc. idaho.gov
Re: IPUC Case No. PAC-E-I9-08
Dear Ms. Hanian:
Enclosed you will find the original and seven (7) copies of Amended
Petition of Monsanto Company for Leave to lnteruene. Please file the same with
the Commission's records. !f you have any questions, please don't hesitate to
call.
Thank you.
Sincerely,
i;^l"l c.g-/*,
RANDALL C. BUDGE LJ
RCB:tscc: Service List
201 E. Center St. I P.O Box 1391 I Pocatallo, lD 83204
P: [phone] I F: (2OB) 232-6109 I racineolson.com Offices ln Boise and Pocatello
Randall C. Budge,ISB No. 1949
Thomas J. Budge, ISB No. 7465
RACINE OLSON, PLLP
P.O. Box l39l;201E. Center
Pocatello, Idaho 83204-139 |
Telephone : [phone]
Fax: [phone]
r andv (d racineo I son. c o m
[e-mail]
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Attorneysfor Intervenor Monsanto Company, a member of the Bayer group of companies
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ROCKY MOUNTAIN
POWER TO CLOSE THE NET METERING
PROGRAM TO NEW SERVICE &
IMPLEMENT A NET BILLING PROGRAM
TO COMPENSATE CUSTOMER
GENERATORS FOR EXPORTED
GENERATION
CASE NO. PAC-E-19-08
AMENDED PETITION FOR
MONSANTO COMPANY FOR
LEAVE TO INTERVENE
COMES NOW Monsanto Company, a member of the Bayer group of companies, herein
called "this Intervenor" and pursuant to Rule 72 of the rules of Procedure of the Idaho Public
Utility Commission, and by this Petition asks leave to intervene herein and to appear and
participate as a party herein, and as basis therefor states as follows:
(l) The name and address of this Intervenor is:
Monsanto Company
James R. Smith
P.O. Box 816
Soda Springs, Idaho 83276
Fax: [phone]
E-Mail: jim.smith I @bayer.com
This Intervenor will be represented by:
Randall C. Budge
Thomas J. Budge
Racine Olson, PLLP
P.O. Box l39l;201E. Center
Pocatello, Idaho 83204-1391
AMENDED PETITION OF MONSANTO COMPANY FOR LEAVE TO INTERVENE - 1
and requests that copies ofall pleadings and production requests and responses should be
provided to the following:
Randall C. Budge
Thomas J. Budge
Racine Olson, PLLP
P.O. Box l39l;201 E. Center
Pocatello, Idaho 83204-1391
Telephone : [phone]
Fax: [phone]
E-mai I : randy @,r acineo lson.com
ti@,racineolson.com
Brubaker & Associates
Brian C. Collins
Maurice Brubaker
Katie Iverson
16690 Swingley Ridge Rd., #140
Chesterfield, MO 63017
E-Mail: [e-mail]
mbrubaker@consu ltbai.com
[e-mail]
(2) This Intervenor has a direct and substantial interest in this proceeding as a special
contract customer of Applicant Rocky Mountain Power and intends to participate in all respects
herein as a party as may be required to represent its interests.
(3) Without the opportunity to intervene herein, this Intervenor would be without a
manner or means of participating in the lawful determination of issues which will result in
affecting its rates for electric service.
l) Intervenor files this Amended Petition to amend and supplement the Petition for
Monsanto Company for Leave to Intervene filed herein on June 10,2020 for the purpose of
establishing the reasons and good cause why the Petition was late filed after the August 8,2019
deadline established by the Commission's Order No. 34379 dated July 18,2019 as follows:
a. Intervenor regularly monitors PacifiCorp electric rate cases filed with the
Commission on the Commission's website under the "Electric Cases" category.
b. When the Company's Application was originally filed June 14,2019lntervenor
had no interest and did not petition to intervene.
c. Upon receipt of the Commission's news release dated June 12,2020Intervenor
first learned that the Company filed on April23,2020 a Supplemental
AMENDED PETITION OF MONSANTO COMPANY FOR LEAVE TO INTERVENE . 2
Application to change how its customers who participate in its net metering
program are compensated which, among other things, proposed a new Schedule
136 to compensate customers for exported energy at an much lower export credit
rate, rather than the retail rate. This change is ofconsiderable interest to
Intervenor because it could impact Intervenor's rates as well as business decision
relating to on-site generation as well as conversion to renewable energy at
Intervenor's Soda Springs, Idaho phosphate plant. Intervenor promptly filed its
Petition to Intervene which was believed to be timely based on the Company's
Supplemental Application.
d. There are no known active settlement discussions between the Company and Staff
with respect to the Company's Supplemental Application by reason of which
there would be no delay or prejudice to either by the granting of this late filed
Petition to Intervene.
2) Based on the foregoing, Intervenor respectfully submits that a good and
substantial reason and good cause exists for the delay in filing its Petition to Intervene which was
made promptly and as soon as practicable after lntervenor became aware of the Company's
Supplemental Application.
3) This Intervenor is only interested in and intends to participate in the Supplemental
Application of PacifiCorp dba Rocky Mountain Power and neither the Company, Staff or other
parties will be prejudice by granting intervention under the circumstances.
WHEREFORE, this Intervenor requests that this Commission confirm this Intervenor's
leave 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, cross-examine
witnesses, present argument, and to otherwise fully participate in the proceedings.
DATED this 17ft day of June,2O2O.
RACINE OLSON, PLLP
By:AL// !
RANDALL C. BUDG
AMENDED PETITION OF MONSANTO COMPANY FOR LEAVE TO INTERVENE - 3
CERTIFICATE OF MAILING
I I{EREBY CERTIFY that on this 17ft day of June,2O2O,I served a true, correct and
complete copy of the foregoing document, to each of the following, via the method so indicated:
Diane Hanian, Secretary (original andT)
Idaho Public Utilities Commission
P.O. Box 83720
Boise,ID 83720-0074
Email : [e-mail]
Ted Weston
Idaho Regulatory Affairs Manager
Rocky Mountain Power
1407 West North Temple, Suite 330
Salt Lake Ciry, Utah 84116
Email : ted.weston@pacifi corp.com
Emily L. Wegener
Rocky Mountain Power
1407 West North Temple, Suite 320
Salt Lake City, Utah 841l6
E-mail : emily.we gener@nacifi corp.com
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RANDALL C BUDGE
AMENDED PETITION OF MONSAIITO COMPAI\Y FOR LEAVE TO INTERVENE - 4