20180417Amended Petition to Intervene - PAC.pdf

Randall C. Budge, ISB No. 1949
Thomas J. Budge, ISB No. 7465
RACINE, OLSON, NYE & BUDGE, CHARTERED
P.O. Box l39l;201E. Center
Pocatello, Idaho 83204-l 391
Telephone: QAU232-6101
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Intervenor Monsanto Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSTON
RTCEIVED
iUiE l,PR l? PH lr:27
, ,'. ' 1,.
. -)l-ti-t')
IN TIIE MATTER OF THE
APPLTCATION REQUESTING
AUTHORITY TO REDUCE RETAIL
RATES BY $2.8 MILLION TO PASS A
PORTION OF THE 2017 FEDERAL TAX
REFORM ACT COST SAVINGS ONTO
CUSTOMERS
CASE NO. GNR-U.I8-OI
AMENDED PETITTON OF
MONSANTO COMPANY FOR
LEAVE TO TNTERVENE
COMES NOW Monsanto Company ("Intervenor"), through counsel and pursuant to Rule
72 of the rules of Procedure of the Idaho Public Utility Commission, hereby petitions to intervene
herein and to appear and participate as a party herein with respect to PacifiCorp dba Rocky
Mountain Power's tax reform filings, and as basis therefor states as follows:
1) The name and address of this Intervenor is:
Monsanto Company
James R. Smith
P.O. Box 816
Soda Springs, Idaho 83276
Fax: [phone]
E-Mail : iim.r. smith@.monsanto.com
This Intervenor will be represented by:
RandallC. Budge
Thomas J. Budge
Racine, Olson, Nye & Budge" Chartered
P.O. Box 1391; 201 E. Center
Pocatello, Idaho 83204- I 391
AMENDED PETITION OF MONSANTO COMPAI\IY FoR LEAvE To INTERvENE. I
and requests that copies ofall pleadings and production requcsts and responses should be
provided to the following:
RandallC. Budge
Racine, Olson, Nye & Budge, Chartered
P.O. Box 1391;201 E. Center
Pocatello, Idaho 83204- I 39 I
Telephone: [phone]
Fax: [phone]
E-mail : [e-mail]
[e-mail]
Brubaker & Associates
16690 Swingley Ridge Rd., #140
Chesterfield, MO 63017
E-Mail: [e-mail]
[e-mail]
2) Intervenor has a direct and substantial interest in this proceeding as a special
contract customer of Applicant Rocky Mountain Power and intends 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 of participating in the lawful determination of issues which will result in
affecting its rates for electric sen'ice.
4) Intervenor files this Amended Petition to amend and supplement the Petition for
Monsanto Company for Leave to Intervene filed herein on April 12, 2018 for the purpose of
establishing the reasons and good cause why the Petition was late filed after the November 6,
2018 deadline established by the Commission's Order No. 33991 dated February 22,2018 as
follows:
a. Intervenor regularly monitors PacifiCorp electric rate cases filed with the
Commission on the Commission's website under the "Electric Cases" category.
During 2018 no PacifiCorp dba Rocky Mountain Power tax filings, notices of
flings or intervention deadlines have been posted by the Commission on the
website under the "Electric Cases" category.
b. In early April this Intervenor made an inquire to PacifiCorp and learned for the
AMENDED PETITION OF MONSANTO COMPA}IY FOR LEAVE TO INTERVENE - 2
first time that PacifiCorp had filed on March 30,2018 an application pertaining to
the 2017 Federal Tax Reform Act Cost Savings. PacifiCorp must have also been
confused about this case as its filing was initially submitted under Case No.
PAC-E-18-01, rvith the case number then changed by the Commission to
GNR-U-I8-01.
c. In early April 2018 searching the Commission's website under this case,
GNR-U-18-01, Intervenor was able to locate lhe Application of RoclE Mountain
Poa,er ("Application") 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 Company's
Application, Intervenor promptly filed its Petition to Intervene which was
believed to be timely because the Company had not made any previous filings and
no notices had been given with respect to the Company's Application filed March
30,2018.
d. The Commission's Order No. 33991 dated February 22,2018 states as follows:
"With this order, the Commission directs interested parties to file Petitions
to Intervene, . . . BS 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."
Intervenor was unaware of Order No. 33991 or the March 6, 2018 intervention
deadline until after the Company's Application was filed March 30, 2018.
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 identify PacifiCorp as a parry.
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 betrveen the Company and Staff
with respect to the Company's Application by reason of which there would be no
AMENDED PETITION OF MONSANTO COMPANY FOR LEAVE TO INTERVENE. 3
delay or prejudice to either by the granting of this [ate filed Petition 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 to Inten ene u,hich rvas
made promptly and as soon as practicable after Intervenor became aware of the Company's
Application.
6) The Commission has allowed other late filed interventions in this case submitted
by the Idaho Conservation League and the ldaho Forest Group in this case.
7) This Intervenor is only interested in and intends to participate in the Application
of PacifiCorp dba Rocky Mountain Power and neither Staff or the Company will be prejudice by
granting intervention under the circumstances.
WHEREFORE, this lntervenor requests that this Commission confirm this Intervenor's
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 otherwise fully participate in the proceedings.
DArED ttris [Ylfry of April, 2018.
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
RAND C. BUDGE
By'
AMENDED PETITION OF MONSANTO COIVIPANY FOR LEAVE TO INTERVENE . 4
E*"|d/t c BJ^
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on this ffhy of April, 2018, I sen'ed a true. correct and
complete copy of the foregoing document. to each of the follorving, via the method so indicated:
Diane Hanian. Secretary (original and 7)
Idaho Public Utilities Commission
P.O. Box 83720
Boise,ID 83720-0074
E-mail : [e-mail]. eov
Ted Weston
Idaho Regulatory Affairs Manager
Rocky Mountain Power
1407 West North Temple, Suite 330
Salt Lake City, Utah 841l6
Telephone : (80 l) 220 -29 63
Email : ted.rveston@pacifi corp.com
Yvonne R. Hogle,
Assistant General Counsel
Rockv Mountain Power
1407 West North Temple. Suite 320
Salt Lake City, Utah 841l6
Telephone: (80 1 ) 220-4050
Email : wonne.hosle@paci fi corp.com
U.S. Mail + Email
E-Mail
E-Mail
RANDALL C. BUDGE
AMENDED PETTTION OF MONSANTO COMPANY FOR LEAVE TO INTERVENE . 5
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