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Home My WebLink About20050609Petition for intervenor funding.pdf,., Brad M. Purdy Attorney at Law Bar No. 3472 2019 N. 17th St. Boise, ID. 83702 (208) 384-1299 FAX: (208) 384-8511 bmpurdy(?Yho mail. com Attorney for Petitioner Community Action Partnership Association of Idaho (ECEiVEO ILEm 21DS JUN-'PM I: 57 IDAHO PUBLIC UTtLtTfES COMMISSION BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF UNITED WATER INC. FOR AUTHORITY TO INCREASE ITS RATES AND CHARGES FOR WATER SERVICE IN THE STATE OF IDAHO CASE NO. UWI-04- COMMUNITY ACTION PARTNERSHIP ASSOCIA- TION OF IDAHO' PETITION FOR INTER- VENOR FUNDING COMES NOW, petitioner Community Action Partnership Association of Idaho (CAPAI) and, pursuant to Idaho Code 9 61-617A and Rules 161-165 of the Commission s Rules of Procedure, IDAPA 31.01.01 , petitions this Commission for an award of intervenor funding. Rule 162 Requirements (01) Itemized list of Expenses Consistent with Rule 162(01) of the Commission s Rules of Procedure, an itemized list of all expenses incurred by CAP AI in this proceeding is attached hereto as Exhibit " CAP AI PETITION FOR INTERVENOR FUNDING (02) Statement of Proposed Findings CAP AI proposes that the Commission approve the settlement agreement executed between CAP AI and United Water Idaho, Inc. referred to in, and attached as an exhibit , the testimony ofTeri Ottens. The details of the settlement agreement are discussed elsewhere in this Petition. (03) Statement Showing Costs Attached hereto as Exhibit "A" is a statement showing the costs incurred by CAP AI in this proceeding. By identifying and limiting its involvement to those issues most directly relevant to its interests, and by engaging in a cooperative negotiation process with the company and Commission staff, CAP AI successfully minimized the costs it incurred in this case while maximizing its involvement as a party. CAP AI endeavored to make its involvement in this proceeding meaningful, and helpful to the Commission, without unnecessarily broadening the scope of issues relevant to United Water s application. Consequently, CAP AI submits that the costs and fees incurred are reasonable. (04) Explanation of Cost Statement CAP AI is a non-profit corporation overseeing a number of agencies who fight the causes and conditions of poverty throughout Idaho. CAP AI operates on a very limited funding basis. This is particularly true with respect to water utility matters where there is no availability of U.S. Department of Energy or other federal funding. The cost to CAP AI of participating in this proceeding constitutes a significant fmancial hardship. No other intervenor in this proceeding represented, exclusively, the interests of the low-income ratepayers of United Water, or the residential customers on the whole. CAP AI PETITION FOR INTERVENOR FUNDING CAP AI raised issues, and represented the interests of, the general body of United Water ratepayers, as discussed below. (05) Statement of Difference Though it participated in the workshop conducted prior to the technical hearing on the issue of low-income concerns, Staff took no formal position in this case on the settlement agreement or its various components. CAP AI also took the unique position that United Water should implement a form of "budget" payment as discussed by Ted Ottens while on the stand, and detailed in CAP AI's Post-Hearing Brief. Thus, CAP AI' proposed fmdings and recommendations differ materially from those of Commission staff. (06) Statement of Recommendation In its direct filing, United Water proposed conducting a workshop to address the impact of the proposed rate increase on its low-income customers, but did not propose or identify any particular mechanism to alleviate the impact. Consequently, CAP intervened in this proceeding and, through a negotiated settlement process, ultimately reached an agreement with United Water proposing a low-income assistance package that, with respect to regulated Idaho water utilities, is unprecedented. The terms of that agreement are set forth in CAP AI's Post-Hearing Brief and, for the sake of expediency, will not be repeated here. For the reasons enunciated in CAP AI's Post-Hearing Brief, CAP AI contends that every component of the settlement agreement would benefit the general body of all United Water customers. The overarching reason for this is that low-income customers who are on the verge of disconnection due to inability to pay their bills pose an economic CAP AI PETITION FOR INTERVENOR FUNDING risk to United Water in the form of disconnection costs, disrupted cash flow, debt collection costs, and bad debt write-off. Of course, the company is often unable to recoup many of these costs. To the extent that customers on the verge of disconnection are able to remain customers of United Water, the Company avoids the forgoing costs which it would ultimately pass on to all ratepayers. Finally, although not part of the settlement agreement with United Water, CAP AI weighed in on the issue of monthly billing. Upon learning of the increase in rates that conversion to monthly billing would create, CAP AI suggested as an alternative a budget" billing arrangement by which bills above a certain level during the summer months could be paid off over a slightly extended period of time. Again, this mechanism would assist low-income ratepayers but would be revenue neutral to the company and its other customers. Though a fmal Order has not yet been issued, CAP AI's participation in this case contributed materially toward shaping the scope, and focus of the issues and evidence presented to the Commission and, thus, the ultimate outcome of this proceeding, by offering a perspective not offered by any other party. (07) Statement Showing Class of Customer Because United Water revenue allocation is based on meter size, and not customer class, this particular requirement is inapplicable. Were customer classes to exist, CAP AI would best be characterized as representing the residential class. RESPECTFULLY SUBMITTED, this 9th day of June, 2005. ------'.,.-/ ,~; . ,," ""-") /.~~/ l.t:- .....,-- ~l L. /""\.- J::: ' , Brad M. Purdy CAP AI PETITION FOR INTERVENOR FUNDING CERTIFICA TE OF SERVICE I HEREBY CERTIFY THAT ON THIS 9th DAY OF JUNE, 2005, I HAVE SERVED THE FOREGOING PETITON FOR INTERVENOR FUNDING, IN CASE NO. UWI-04-, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO THE FOLLOWING: Weldon Stutzman Donovan Walker Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington St. Boise, ID. 83702 &-1 U.S. Mail, postage prepaid () Hand delivered () Facsimile () Overnight mail Dean J. Miller McDevitt & Miller LLP 420 W. Bannock St. Boise, Idaho 83702 f-.l U.S. Mail, postage prepaid () Hand delivered () Facsimile () Overnight mail Mark Gennari United Water 200 Old Hook Road Harrington Park, NJ 07640-1738 (~ U.S. Mail, postage prepaid () Hand delivered () Facsimile () Overnight mail Douglas Strickling Boise City Attorney s Office 150 N. Capitol Blvd Boise, ID. 83702 ~ U.S. Mail, postage prepaid () Hand delivered () Facsimile () Overnight mail Chuck Mickelson City of Boise 150 N. Capitol Blvd. Boise, ID. 83702 rj: U.S. Mail, postage prepaid () Hand delivered () Facsimile () Overnight mail William M. Eddie Advocates for the West 1320 W. Franklin St. Boise, ID. 83702 (11 u.s. Mail, postage prepaid () Hand delivered () Facsimile () Overnight mail Bill Sedivy Idaho Rivers United 2600 Rose Hill, #207 Boise, ID. 83701 ~ U.S. Mail, postage prepaid () Hand delivered () Facsimile () Overnight mail CAP AI PETITION FOR INTERVENOR FUNDING ..-.......... "/" ,/!. ~:'. /\'//'; ~ .. ~ .. ~...- .... L... ..-/ ~-- .A. --CBrad M. Purdy CAP AI PETITION FOR INTERVENOR FUNDING S=;".e;, Costs: Photocopies Postage Total Costs Fees: Legal Total Fees Total Expenses EXHIBIT" A" ITEMIZED EXPENSES $18. $15. $33. (Brad M. Purdy 42.00 hours (?y $110.00/hr.) $4 620. $4,620. $4,653. CAP AI PETITION FOR INTERVENOR FUNDING