20230906Petition to Intervene.pdf

PIIC PETITION TO INTERVENE-Page 1
59501.0002.16149210.1
Ronald L. Williams, ISB No. 3034
Brandon Helgeson, ISB No. 11537
Hawley Troxell Ennis & Hawley LLP
877 West Main Street, Suite 200
Boise ID, 83701
Telephone: [phone]
[e-mail]
[e-mail]

Attorneys for PIIC

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION FOR A
DEFERRED ACCOUNTING ORDER
REGARDING WILDFIRE CLAIMS
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Case No. PAC-E-23-16

PETITION OF PACIFICORP IDAHO
INDUSTRIAL CUSTOMERS
FOR LEAVE TO INTERVENE

Pursuant to Rules 71 through 73 of the Idaho Public Utilities
Commission’s Rules of Practice and Procedure, IDAPA 31.01.01.71 et. seq., PacifiCorp
Idaho Industrial Customers (“PIIC”) petitions the Idaho Public Utilities Commission (the
“Commission”) for leave to intervene. This Petition to Intervene is late filed. In support
of this Petition, PIIC states as follows:
1. The name and address of PIIC is:
PacifiCorp Idaho Industrial Customers
c/o Hawley Troxell Ennis & Hawley LLP
877 West Main Street, Suite 200
Boise, ID 83701

2. PIIC will be represented in this proceeding by Hawley Troxell
Ennis and Hawley LLP. All documents relating to these proceedings should be served on
the following persons at the addresses listed:
Ronald L. Williams
Hawley Troxell Ennis & Hawley LLP
877 West Main Street, Suite 200
Boise ID, 83701
Telephone: [phone]
E-mail: [e-mail]

RECEIVED
Wednesday, September 6, 2023 1:39:17 PM
IDAHO PUBLIC
UTILITIES COMMISSION

PIIC PETITION TO INTERVENE-Page 2
59501.0002.16149210.1
Bradley Mullins
MW Analytics, Energy & Utilities
Email: [e-mail]

[ELECTRONIC COPIES ONLY TO:]

Val Steiner
Itafos Conda, LLC
[e-mail]

Kyle Williams
BYU Idaho
[e-mail]
Brandon Helgeson
Hawley Troxell
[e-mail]
3. PIIC is a coalition of entities or organizations operating in Idaho that are
industrial and large load customers of Rocky Mountain Power (“RMP” or the
“Company”). The Company asks that the Commission for an accounting order
authorizing the company to record a regulatory asset associated with the incremental
costs associated with third party liability due to wildfires in Oregon.
4. As noted in its application, the Company references the Jones v.
PacifiCorp jury award of $70 million in damages, plus an additional $18 million in
punitive damages. What the Application fails to mention is that PacifiCorp was also
found by an Oregon jury to be “reckless and grossly negligent” regarding it starting the
Oregon fires.
5. Without the opportunity to intervene herein, PIIC would be without a
manner or means of participating in the lawful determination of issues which will affect
the rates for electric service from the Company to PIIC members. PIIC believes strongly
that Idaho ratepayers should not be potentially liable for future rate increases resulting
from PacifiCorp’s negligence and gross negligence. An accounting order allowing RMP
to preserve its ability to recover such costs is entirely inappropriate, given these
circumstances. Such costs, prima facia, are not fairly, justly, and reasonably incurred by
the Company.
6. PIIC recognizes this Petition is late filed, with an intervention filing date
on or before August 22. This Petition is approximately two weeks late. PIIC’s Counsel in
this matter, Ron Williams, accepts full responsibility for missing the notice of
intervention deadline. However, the missed notice may be because IPUC notices continue
to be sent to Counsel’s former email address, which Counsel believed had been changed
in the PUC data base of interested parties, but apparently has not. PIIC believes that this

PIIC PETITION TO INTERVENE-Page 3
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late filed petition does not disrupt this proceeding, prejudice RMP or the Staff – the only
two parties in the Case – or unduly broaden the issues.
WHEREFORE, PIIC respectfully requests that the Commission grant its
late filed Petition to Intervene with full party status in this proceeding 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 6th day of September, 2023.
Respectfully submitted,

Ronald L. Williams
Hawley Troxell Ennis & Hawley LLP
Attorneys for PIIC

PIIC PETITION TO INTERVENE-Page 4
59501.0002.16149210.1
CERTIFICATE OF MAILING

I HEREBY CERTIFY that on this 6th day of September 2023, I caused to be served a
true and correct copy of PETITION OF PACIFICORP IDAHO INDUSTRIAL
CUSTOMERS FOR LEAVE TO INTERVENE upon the following individuals, by electronic
service only:

Mark Alder
PacifiCorp/ dba Rocky Mountain Power
1407 West North Temple
Suite 330
Salt Lake City, UT 84116
E-Mail: [e-mail]
[e-mail]
[e-mail]

Electronic Copies Only:
Data Request Response Center PacifiCorp
E-Mail: [e-mail]

Adam Triplett
Deputy Attorney General
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg No. 8,
Suite 201-A (83714)
PO Box 83720
Boise, ID 83720-0074
E-mail: [e-mail]

PacifiCorp Idaho Industrial Customers
c/o Ronald L. Williams
Hawley Troxell Ennis & Hawley LLP
877 West Main Street, Suite 200
Boise, ID 83701
E-mail: [e-mail]

Bradley Mullins
MW Analytics, Energy & Utilities
Email: [e-mail]
PIIC Electronic Service Only:

Val Steiner: [e-mail]
Kyle Williams: [e-mail]
Brandon Helgeson: [e-mail]

Ronald L. Williams
Hawley Troxell Ennis & Hawley LLP
Attorney for PIIC