20180420Petition to Intervene - PAC.pdf

ECHOFIAWK
&OLSEN
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ERIC L. OLSEN
JoSEPH T. PnEsroN
AtToRNEYS
505 PERSHT\G AYE.. SrE. 100
PO BOX 6il9
PocArELLo. lD 83205-6 I I 9
208.478.162.1
208.478-l 670 FA\
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April 19,2018
VIA OVERNIGHT MAIL
Diane Hanian, Commission Secretary
Idaho Public Utilities Commission
472 W . Washington
Boise, Idaho 83720-007 4
diane.holt@puc. idaho. gov
Re:CASE No.: GNR-U-18-01
IN THE MATTER OF THE APPLICATION RE,QUESTING AUTHORITY
TO REDUCE RETAIL RATES BY $2.8 MILLION TO PASS A PORTION
OF THE 2017 FEDERAL TAX REFORM ACT COSTS SAVINGS ONTO
CUSTOMERS
Dear Ms. Hanian:
Enclosed you will find the original and seven (7) copies of the following:
1. Petition of Idaho Irrigation Pumpers Associations, Inc. for Leave to Intervene.
Electronic copies have been served per the Certificate of Service.
Please file the Petition in the case file. If you have any questions, please don't hesitate to
call. Thank you.
Eric L.
ELO/dm
Enclosures
H:\WDOX\CLIENTS\ 1 3 43\00 I 9\Letter to Commission.docx
I
Eric L. Olsen (ISB# 4811)
Joseph T. Preston (ISB #9082)
ECHO HAWK & OLSEN, PLLC
505 Pershing Ave., Ste. 100
P.O. Box 6119
Pocatello, Idaho 83205
Telephone: [phone]
Facsimile: [phone]
Email: elo@,echohawk.com
Attorneys for Intervenor ldaho Iruigation Pumpers Association, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
RrCT'YED
?0tg ipfi Z0 Ail 9; Zrr
I.! ln
illtSSt0N
IN THE MATTER OF THE APPLICATION
REQUESTING AUTHORITY TO REDUCE
RETAIL RATES BY $2.8 MILLION TO
PASS A PORTION OF TH'EzOIT FEDERAL
TAX REFORM ACT COSTS SAYINGS
ONTO CUSTOMERS
CASE NO. GNR.U-18-01
PETITION OF IDAHO IRRIGATION
PUMPERS ASSOCIATION, INC.
FOR LEAVE TO INTERVENE
COMES NOW Idaho Irrigation Pumpers Association, Inc. herein called "Intervenor" and
pursuant to Rules 71 through 73 of the Rules of Procedure of the Idaho Public Utility Commission,
and by this Petition asks leave to intervene herein, to appear and participate as a party herein, and
as basis therefor states as follows:
1) The name and address of Intervenor is:
Idaho Irrigation Pumpers Association, Inc.
c/o Lynn Tominga
P.O.Box2624
Boise, Idaho, 837 0l-2624
This Intervenor will be represented by:
Eric L. Olsen
ECHO HAWK & OLSEN, PLLC
505 Pershing Ave., Ste. 100
P.O. Box 6l l9
Pocatello, Idaho 83205
Telephone : (208) 47 8 -l 624
Facsimile: (208) 47 8-167 0
PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. FOR LEAVE TO INTERVENE
Page I
Email: [e-mail]
and requests that copies of all pleadings and production requests and responses should be provided
to the following:
Eric L. Olsen
ECHO HAWK & OLSEN, PLLC
505 Pershing Ave., Ste. 100
P.O. Box 6119
Pocatello, Idaho 83205
Telephone : (208) 47 8-l 624
Facsimile: (208) 47 8-167 0
Email: [e-mail]
Anthony Yankel
12700 Lake Avenue, Unit 2505
Lakewood, Ohio 44107
Email: [e-mail]
2) This Intervenor and its members have a direct and substantial interest in this
proceeding and intend to participate in all respects herein as a party as may be required to represent
its interests.
3) Without the opportunity to intervene herein, this Intervenor would be without a
manner or means ofparticipating in the lawful determination of issues which will result in affecting
its rates for electric service.
4) Good cause as to why this Petition was filed after the deadline established by the
Commission is as follows:
a. Intervenor regularly monitors PacifiCorp electric rate cases files with the
Commission on the Commissions' website under the'oElectric Cases" tab. During
2018 no PacifiCorp dba Rocky Mountain Power tax filings, notices of filings or
intervention deadlines have been posted by the Commission on the website under
the "Electric Cases" tab.
PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION,INC. FOR LEAVE TO INTERVENE
Page2
b. In early April this Intervenor learned for the first time that PacifiCorp had formally
filed on March 30,2018 its Application pertaining to the2017 Federal Tax Reform
Act Cost Savings.
c. In early April20l8 searching the Commission's website under this case, GNR-U-
18-01, Intervenor was able to locate the Application of Rocky Mountain Power
filed pursuant to Order No. 33965 initiating an investigation into the impact of the
Federal Income Tax Legislation enacted December 22,2017 ("Tax Reform Act")
and the Company's proposed rate making treatment for the associated impacts.
Upon seeing the Application, Intervenor filed herewith its Petition which was
believed to be timely because the Company had not made any previous filings and
no notices had been given.
d. The Commission's Order No. 33991 dated February 22,2018 states as follows:
"With this order, the Commission directed interested parties to file Petitions
to Intervene, . . . as soon as practical and no later than Tuesday, March 6,
2018, as described below. These filings must name each rate-regulated
utility in whose active settlement with Commission staff the Petitioner or
requesting utility wants an opportunity to participate."
e. This Intervenor has no knowledge of receiving Order No. 33991. If the Order was
in fact received, Intervenor did not give heed or pay any attention to it because it
was a GNR case and did not identifu PacifiCorp as a party.
f. To date the Commission has not given notice of PacifiCorp's Application filed
March 30,2018 and the Company did not serve the Application on this Intervenor
as it does in most rate cases as a courtesy.
g. There are no known active settlement discussions between the Company and Staff
with respect to the Company's Application by reason of which there would be no
PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. FOR LEAVE TO INTERVENE
Page 3
delay or prejudice to either by the granting of this late filed Application to
Intervene.
5) Based on the foregoing, Intervenor respectfully submits that a good and substantial
reason and good cause exists for the delay in filing its Petition which was made promptly and as
soon as practicable after Intervenor became aware of the Commission's Order No. 33991.
WHEREFORE, this Intervenor requests that this Commission confirm this Intervenor's
Petition for Leave to Intervene in these proceedings 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 other fully participate in the proceedings.
DATED this 19th day of April, 2018.
ECHO HA & OLSEN
By:
EN Attorney
Idaho Irrigation Pumpers Association, Inc.
PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. FOR LEAVE TO INTERVENE
Page 4
CERTIFICATE OF SERVICE
I hereby certify that on the 19th day of April 2018, I caused to be served a true and correct
copy of the foregoing by the method indicated below, and addressed to the following:
Diane M. Hanian, Secretary
Idaho Public Utilities Commission
P.O. Box 83702
472 W. Washington Street
Boise, ID 83702-0074
E-Mail : diane.holt@puc. idaho. sov
Ted Weston
Idaho Regulatory Affairs Manager
Roclry Mountain Power
1407 West North Temple, Suite 330
Salt Lake city, uT 841l6
E-Mail : ted.weston@pacifi corp.com
Yvonne R. Hogle
Assistant General Counsel
Roclry Mountain Power
1407 West North Temple, Suite 320
Salt Lake City, UT 841l6
E-Mail: [e-mail]
Randall C. Budge
Racine, Olson, Nye & Budge
Monsanto Company
201 E. Center
P.O. Box 1391
Pocatello, ID 83204-1391
E-mail : reb@racine law.net
Brubaker & Associates
16690 Swingley Ridge Road, #140
Chesterfield,MO 63017
E-Mail : mbrubaker@,consultbai.com
[e-mail]
Monsanto Company
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email
U.S. Mail
Hand Delivered
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Electronic Mail (Email
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PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. FOR LEAVE TO INTERVENE
Page 5
Jim Duke
Idahoan Foods
357 Constitution Way
Idaho Falls,ID 83742
Email : j duke@ idahoan.com
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email
Kyle Williams
BYU Idaho
Email : [e-mail]
PICC
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U.S. Mail
Hand Delivered
Ovemight Mail
Telecopy (Fax)
Electronic Mail (Email
Bradley Mullins
333 SW Taylor, Suite 400
Portland, OR97204
Email : brmul [e-mail]
PICC
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email
U.S. Mail
Hand Delivered
Ovemight Mail
Telecopy (Fax)
Electronic Mail (Email
Anthony Yankel
12700 Lake Avenue, Unit 2505
Lakewood, OH44107
Email : [e-mail]
IIPA
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U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email
Eric L.
PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION,INC. FOR LEAVE TO INTERVENE
Page 6
Val Steiner
Nu-West Industries, Inc.
Email : val.steiner@,agrium.com
PIIC