20180504Decision Memo - Intermountain Gas.pdf

DECISION MEMORANDUM
TO:COMIVIISSIONER KIELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:KARL T. KLEIN
DEPUTY ATTORNEY GENERAL
DATE: MAY 4,2018
SUBJECT:ALLIANCE OF WESTERN ENERGY CONSUMERS' PETITION TO
INTERVENE IN THE INVESTIGATION INTO THE IMPACT OF
FEDERAL TAX CODE REVISIONS ON UTILITY COSTS AND
RATEMAKING - CASE NO. GNR-U.18.01.
On February 22, 2018, the Commission set a March 6, 2018 intervention deadline for
this case. Order No. 33991. On April25,20l8, Alliance of Western Energy Consumers (AWEC)
filed a late petition to intervene in the proceeding as to Intermountain Gas Company. The rules
for late petitions to intervene, and the late petition fited by AWEC, 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.
AWEC'S PETITION
On April 25,2018, AWEC filed a Petition for Leave to Intervene. AWEC members
include diverse industrial and commercial interests, including food processing, pulp and paper,
wood products, electric generation, aluminum, steel, chemicals, electronics, aerospace, and
healthcare providers. AWEC provides an informational service to its members and participates in
various regulatory matters that affect member interests. AWEC states it has a direct and substantial
DECISION MEMORANDUM I
interest in this case because its member companies purchase sales and transportation services from
local distribution companies, including Intermountain Gas, and will thus be impacted by the
Commission's decision as to [ntermountain Gas in this proceeding. AWEC Petition at 2.
AWEC asserts its late intervention would not prejudice other parties in the proceeding
or unduly broaden the issues or delay the proceeding. AWEC requests permission to participate
as a party as its interests may arise. AWEC Petition at 3.
AWEC represents it contacted Intermountain Gas about the petition, and that
Intermountain does not object to the late filing. No one has opposed AWEC's petition.
COMMISSION DECISION
Does the Commission wish to grant the AWEC's late petition to intervene?
/r/ t
Karl T. Klein
Deputy Attorney General
I:\t-cBaAMULTI-UTll.lT11(;NR'U- I 8-0 ILVL'mos\CNRU I 80 l_kklt.docx
2DECTSION MEMORANDUM