20180501Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KIELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:KARL T. KLEIN
DEPUTY ATTORNEY GENERAL
DATE: MAY 1,2018
SUBJECT:PACIFICORP IDAHO INDUSTRIAL CUSTOMERS, MONSANTO
COMPANY, AND IDAHO IRRIGATION PUMPERS ASSOCIATION'S
LATE PETITIONS TO INTERVENE IN THE INVESTIGATION INTO
THE IMPACT OF FEDERAL TAX CODE REVISIONS ON UTILITY
COSTS AND RATEMAKING - CASE NO. GNR.U.18.O1.
On February 22,2018, the Commission set a March 6, 2018 intervention deadline for
this case. Order No. 33991. On April 17,2017, PacifiCorp Idaho Industrial Customers (PIIC) and
Monsanto Company separately petitioned to intervene, and on April 20,2018,Idaho Irrigation
Pumpers Association, Inc. (IIPA) petitioned to intervene. All three petitioners wish to become a
party to this case as it relates to PacifiCorp dba Rocky Mountain Power.
The rules for late petitions to intervene, and the late petitions filed by PIIC, Monsanto and
IIPA, are summarized below.
RULES GOVERNING LATE PETITIONS TO INTERVENE
Commission Rules provide that a petitioner seeking intervention must state its "direct
and substantial interest. . . in the proceeding." IDAPA 31.01.01 .012. Petitions to intervene that
are not timely filed "must state a substantial reason for delay." IDAPA 31.01.01.073. "The
Commission may deny or conditionally grant petitions to intervene that are not timely filed for
failure to state good cause for untimely filing, to prevent disruption, prejudice to existing parties
or undue broadening of the issues, or for other reasons." Id. Also, "Intervenors who do not file
timely petitions are bound by orders and notices earlier entered as a condition of granting the
untimely petition." /d.
IDECISION MEMORANDUM
THE THREE PETITIONS
In their petitions to intervene, PIIC, Monsanto, and IIPA note they have a direct and
substantial interest in this case because without the opportunity to intervene, they could not
participate in the lawful determination of issues that will affect their or their members' rates for
electric service. See PIIC Petition at 3; Monsanto Petition at 2; IIPA Petition at2. The intervenors
explain they have good cause for filing their late petitions because they had no notice of the
proceeding until after the March 6, 2018 intervention deadline ran. They note they regularly
monitor PacifiCorp electric rate cases on the Commission's website under the "Electric Cases"
tab. But they did not learn the Commission had opened this tax case as a "Multi-Utility" case with
a generic case number, or that PacifiCorp was a party to it, until April 2018. See PIIC Petition at
l-2; Monsanto Petition at2-4; IIPA Petition at2-4.
No one has opposed PIIC's, Monsanto's, and IIPA's petitions to intervene.
COMMISSION DECISION
l. Does the Commission wish to grant the PIIC's late petition to intervene?
2. Does the Commission wish to grant Monsanto's late petition to intervene?
3. Does the Commission wish to grant IIPA's late petition to intervene?
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Karl T. Klein
Deputy Attorney General
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2DECISTON MEMORANDUM