20200529Order_No_34680.pdf

ORDER NO. 34680 1

Office of the Secretary
Service Date
May 29, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF INTERMOUNTAIN
GAS COMPANY’S APPLICATION FOR
AUTHORITY TO FACILITATE
RENEWABLE NATURAL GAS ACCESS
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CASE NO. INT-G-20-03

ORDER NO. 34680

On May 20, 2020, Intermountain Gas Company (“Intermountain” or “Company”) filed
a Motion for Clarification Regarding Customer Notice requesting the Commission determine
whether Intermountain must directly notify customers about the Application.
We now grant the Company’s Motion and clarify the customer notice requirements in
this case.
BACKGROUND
On May 4, 2020, Intermountain applied to the Commission for authority to facilitate
access for Renewable Natural Gas (“RNG”) producers to the Company’s distribution system for
the purpose of moving RNG to their end-use customers. Intermountain requested approval of its
RNG facilitation plan by June 15, 2020.
On May 13, 2020, the Commission issued a Notice of Application and Modified
Procedure, setting a May 29, 2020 comment deadline and a June 4, 2020 reply comment deadline.
Order No. 34667.
THE COMPANY’S MOTION
Intermountain believes direct notice is not required under the Commission’s Rules of
Procedure because Intermountain is not requesting a change in rates. The Company nevertheless
seeks clarification from the Commission in order to avoid delay in the case due to notice issues.
The Company has already provided direct notice to RNG producers by sending a letter
to each producer who may be affected by the Company’s proposal. See Application at 7-8. The
Company noted procedural Rule 125, IDAPA 31.01.01.125, requires direct notice to utility
customers when a utility proposes to change rates for utility customers. The Company asserted its
Application “does not seek to change rates for Intermountain’s utility customers, but instead
proposes measures to fully insulate utility customers from rate impacts.” Company’s Motion at 1;
see Application at 7-8. Therefore, the Company does not believe direct notice to customers of the
Application is required by Commission rules.
ORDER NO. 34680 2

Intermountain asserted it is seeking clarification from the Commission because it is
aware of recent Commission cases in which direct notice to customers was provided under
circumstances not required by the Commission’s rules. Because the Company has requested the
Commission grant the requested authority by June 15, 2020, it hopes to avoid delaying the case
due to notice issues.
FINDINGS AND DECISION
Having reviewed the Company’s Motion and Application, we grant the Company’s
Motion. Procedure before the Commission is governed by the Commission’s Rules of Procedure,
IDAPA 31.01.01.000 et seq. See Idaho Code § 61-601. Procedural Rule 125 requires a utility to
provide direct notice to its customers (either as a bill stuffer or as a separate mailing) if the utility
is requesting a rate change. A rate change includes an “increase, decrease or change [to] any rate,
fare, toll, rental or charge or any classification, contract, practice, rule or regulation resulting in
any such increase, decrease or change…” See IDAPA 31.01.01.121.01.
Additionally, the Commission has broad authority under Idaho Code § 61-501 to “do
all things necessary to carry out the spirit and intention of the provisions of [Title 61, Idaho Code].”
At times, when a utility’s proposal would significantly impact a customer class, the Commission
has required the customer class be given direct notice of the utility’s proposal—even though the
proposal is not a rate change. E.g., Case. No. GSW-W-19-01, Order No. 34579. The Commission
exercises this authority rarely, however, and only under unusual circumstances.
We find that direct notice of this Application to Intermountain’s customers is not
required. The Company does not propose in its Application to change rates for any customer class.
Indeed, the Company intends its service to RNG producers to have no financial impact on its utility
customers. Therefore, we find procedural Rule 125 is not applicable to this case. Nor is this one
of those unusual circumstances where the Commission would require notice beyond what is
required in its Rules of Procedure.
Because Intermountain has only recently begun to facilitate access for RNG producers
to its distribution system, the Commission encourages Intermountain to make its utility customers
aware of the service. Educating the public about the service will help avoid confusion and
misinformation. However, we leave it to the Company to decide whether to take this step.

ORDER NO. 34680 3

ORDER
IT IS HEREBY ORDERED that Intermountain’s Motion for Clarification Regarding
Customer Notice is granted. The Commission clarifies that direct notice to Intermountain’s
customers is not required in this case.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
34602, issued March 17, 2020. All pleadings should be filed with the Commission electronically
and shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02.
Service between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 29th
day of May 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Diane M. Hanian
Commission Secretary

I:\Legal\GAS\INT-G-20-03\INTG2003_Clarification_mh.docx