20200520Motion for Clarification.pdf

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Preston N. Carter, ISB No. 8462
Givens Pursley LLP
601 W. Bannock St.
Boise,Idaho 83702
Telephone: [phone]
Facsimile: [phone]
prestoncarter@ givenspursley. com
l514l 120_4.docx [l4168.14]
Attorneys for lntermountain Gas Company
BEFORE TIIE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF INTERMOT]NTAIN
GAS COMPAI\Y'S APPLICATION FOR
AUTIIORITY TO FACILITATE
RENEWABLE NATURAL GAS ACCESS
CASE NO.INT.G-20-03
MOTION FOR CLARIFICATION
REGARDING CUSTOMER
NOTICE
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Intermountain Gas Company ("Intermountain" or "Company"), respectfully submits this
Motion for Clarification Regarding Customer Notice pursuant to Commission Rules of
Procedure 56.
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On May 4,2020, lntermountain filed the application in this case ("Application"), which
requests authority to facilitate access by Renewable Natural Gas ("RNG") producers to
Intermountain's distribution system to move the RNG to the producer's end-use customer.
Application at2.The Application does not seek the change rates for to lntermountain's utility
customers, but instead proposes measures to fully insulate utility customers from rate impacts.
Application at7-8.
Because the Application proposed to change fees applicable to RNG producers,
lntermountain provided direct notice to RNG producers by sending a letter to each producer.
lntermountain did not provide direct notice to utility customers, although the Commission has
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published notice of the case pursuant to its typical procedures. See Case No. INT-G-20-03,
Notice of Application & Notice of Modifred Procedure, Order No. 34667 (May 13, 2020\.
The Commission's rules require that notice be provided to all customers "[i]f a utility is
requesting a rate increase." Commission Rule of Procedure 125.01.a ("lf a utility is requesting a
rate increase, the utility shall issue a customer notice to each customer.").
The Commission's rules require notice to "affected customers" if an application is
subject to Rule lZ2,which governs general rate cases. Commission Rule of Procedure 121.01.c.
("If the application is subject to Rule 122, a statement showing how and when the application
has been or will be brought to the attention of affected customers and a copy of the press release
and customer notice required by Rule 125." (emphasis added)).
Cases that do not fall under Rule 125, Rule 121, or Rule 122 @y incorporation in Rule
l2l) are govemed by Rule 123, under which the Commission issues public notice. Commission
Rule of Procedure 123.01.
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As noted, lntermountain has provided notice to its RNG producers, which are the
customers affected by the Application. Direct notice to all customers does not seem to be
required under Commission rules because lntermountain is not requesting a change in rates for
utility customers.
Although not required by rule, Intermountain considered providing direct notice to all
customers. tn the end, Intermountain determined not to provide direct notice to utility customers
because the Application proposes to fully insulate utility customers from all rate impacts. [n
addition, Intennountain did not want to cause confusion among utility customers, and
particularly wanted to avoid a situation in which customers perceived that Intermountain was
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proposing to purchase RNG, was proposing to provide RNG to its customers, or that
lntermountain was proposing any action with respect to RNG other than allowing the producer
access to Intermountain's system for the producer to transport RNG to the producer's eventual
end use customers.
That said, Intermountain is aware of recent cases in which the direct notice to customer
was provided under circumstances not required by the rules. See Case No. GSW-W-19-01,
Order No. 34616 (April 2,2020) at 1. Intermountain would like to avoid a delay in the case due
to notice issues. As such, Intermountain requests that the Commission clariff what type of
customer notice is required in this case.
If the Commission orders that direct notice to all customers be provided, lntermountain
proposes to process as follows: lntermountain would insert customer notices beginning on May
28. Due to the billing cycle, the notices would need to be provided through June 26 to reach all
customers. This is not in time to meet the current proposed effective date of June 15.
Accordingly, if direct notice is required, lntermountain would propose to adjust the effective
date of the application to July 15,2020.
Coxclusrox
Intermountain respectfully requests that the Commission determine whether direct notice
to all customers of the Application is required. If so, lntermountain respectfully requests that the
deadlines for the case be reset to provide for a comment deadline extending through July 3; with
any Company reply comments due by July 8; and a proposed effective date of July 15.
MonoN FoR CLARIFICATIoN REGARDntc CUSToUTRNoTICE - 3
Dated: May20,2020.
GIVENS PI.'RSLEY LLP
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PrestonN. Carter
Attorneys for Intermountain Gas Company
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CERTIFICATE OF SERVICE
I certiry that on May 20, 2020, atue and correct copy of MouoN FoRCLARTFIcATIoN
Rrcmpnsc CusrouenNonce was served upon all parties of rocord in this proceeding via the
marmer indicated below:
Commisslon Staff
Diane Hanian, Commission Secretary
Idaho Public Utilities Commission
11331 W. ChindenBlvd., Bldg. 8, Suite 201-A
Boiss ID 83714
[e-mail]. eov
Matt Htmter
Deputy Attorney General
Idaho Public Utilities Commission
I l33l W. Chinden Blvd., Bldg. 8, Suite 201-A
Boise, ID 83714
matt.hunter@nuc. idaho. sov
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Electronic IVIail
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PrestonN. Caner
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