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Home My WebLink About20250616Application for Intervenor Funding.pdf RECEIVED Eric L. Olsen(ISB#4811) June 16, 2025 ECHO HAWK& OLSEN, PLLC IDAHO PUBLIC 505 Pershing Ave., Ste. 100 UTILITIES COMMISSION P.O. Box 6119 Pocatello, Idaho 83205 Telephone: (208) 478-1624 Facsimile: (208)478-1670 Email: elo(a)echohawk.com Attorney for Intervenor Idaho Irrigation Pumpers Association, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER CASE NO. IPC-E-24-46 COMPANY'S APPLICATION FOR APPROVAL OF A POWER PURCHASE APPLICATION FOR INTERVENOR AGREEMENT WITH JACKALOPE WIND, FUNDING OF THE IDAHO LLC,AND A CERTIFICATE OF PUBLIC IRRIGATION PUMPERS CONVENIENCE AND NECESSITY FOR ASSOCIATION,INC. THE JACKALOPE WIND PROJECT COMES NOW the Idaho Irrigation Pumpers Association, Inc. ("IIPA"), by and through counsel of record,Echo Hawk&Olsen,PLLC, and hereby respectfully makes application to the Idaho Public Utilities Commission ("Commission") for intervenor funding, pursuant to Idaho Code § 61-617A and IDAPA §§ 31.01.01.161 through .165, in this case, as follows: (A) A summary of the expenses that the IIPA request to recover broken down into legal fees, witness fees and other costs and expenses is set forth in Exhibit A attached hereto and incorporated by reference. The expenses and costs incurred by the IIPA set forth in Exhibit A are reasonable in amount and were necessarily incurred. The expenses and costs were incurred in participating in the case. Without incurring these expenses and costs, IIPA would not have been able to fully participate in this matter. (B) The IIPA's Counsel, Eric L. Olsen of Echo Hawk & Olsen ("Mr. Olsen") and its Expert witnesses Lance D. Kaufman, Ph.D. ("Dr. Kaufman") and Deborah Glosser, PhD. ("Dr. APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 1 CASE NO.IPC-E-24-46 Glosser") participated in Idaho Power Company's ("IPC") Jackalope Wind Project case ("Jackalope"). Mr. Olsen, Dr. Kaufman and Dr. Glosser prepared and served written discovery; reviewed and analyzed the various parties' positions. Dr. Kaufman and Dr. Glosser's review efforts focused on: (1)the risk that the relied upon PTCs may not be available for the Jackalope project; (2) the apparent permitting and execution risks associated with the Jackalope project; (3)the improper modeling of seasonal variability and its affect in determining the need for this resource; (4)Jackalope's lack of contribution to meeting IPC's future,peak capacity need; (5)the transmission constraints IPC faces to get the generated energy to its customers; (6) the fact that the lifecycle risk of the Jackalope project is understated; and(7)the cost of the Jackalope project is likely higher than the marginal cost of energy. IIPA recommended that the CPCN not be approved. In the event that the CPCN is approved, Dr. Glosser recommended that the that the Commission impose a suite of cost containment measures, including: a soft cap on total capital cost recovery; a seasonal cap on cost recovery; a true-up of annual payments to account for seasonal variation; penalties for transmission and deliverability curtailment; and shareholder absorbance of any loss of the projected PTCs. (C) The costs described in Exhibit A constitute a financial hardship for the IIPA. The IIPA is an Idaho nonprofit corporation qualified under I.R.C. § 501(c)(5) representing farm interests in electric utility rate matters affecting farmers in southern and central Idaho. The IIPA relies solely upon dues and contributions voluntarily paid by members, together with intervenor funding, to support its activities. Each year mailings are sent to approximately 7,000 Idaho Irrigators (approximately one-third in the IPC service area and the remainder in IPC's service APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 2 CASE NO.IPC-E-24-46 area), soliciting annual dues. IIPA recommends members make voluntary contributions based on acres irrigated or horsepower per pump. Member contributions have been falling which is believed to be attributable to increased operating costs and declining commodity prices. From member contributions the IIPA must pay all expenses, which generally include mailing expenses, meeting expenses, post office box, in addition to the expenses relating to participation in matters before the Commission. The Executive Director, Amy McKoon, is the only part-time paid contractor, receiving a retainer plus expenses for office space, office equipment, and secretarial services. Other IIPA officers and directors are elected annually and serve without compensation. It has been and continues to be a financial hardship for the IIPA to fully participate in important cases such as this one due to the time and expense that must be incurred to fully participate in such a case. Because of the IIPA's financial constraints, participation in this case, preparing to file testimony, and participating in the settlement negotiations has been focused and prudent. (D) IIPA's recommendations materially differed from that of Commission Staff. The IIPA recommended that Commission should not grant the CPCN for the Jackalope project. The IIPA also recommended bevy of cost containment measures to address the risks that the Jackalope project faces and which would minimize the costs to be borne by all IPC customers if these risks come to fruition. (E) The IIPA's participation addressed issues of concern to the general body of users or consumers on IPC's system in the recommended cost containment measures would benefit all of IPC's customers. APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 3 CASE NO.IPC-E-24-46 (F) The IIPA represents the irrigation class of customers under Schedule 10 on IPC's system. Based on the foregoing, it is respectfully submitted that the IIPA is a qualifying intervenor and should be entitled to an award of costs of intervention in the maximum amount allowable pursuant to Idaho Code § 61-617A and IDAPA §§ 31.01.01.161 through .165. DATED this 161h day of June, 2025. EC WK& OLSEN ERIC L. OLSEN APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 4 CASE NO.IPC-E-24-46 CERTIFICATE OF SERVICE I HEREBY CERTIFIY that on this 16th day of June, 2025, I served a true, correct and complete copy of the Idaho Irrigation Pumpers Association, Inc.'s Application for Intervenor Funding to each of the following, via the method indicated below: Monica Barrios-Sanchez, Commission Secretary ❑ U.S. Mail Chris Burdin, Deputy Attorney General ❑ Hand Delivered Idaho Public Utilities Commission ❑ Overnight Mail P.O. Box 83720 ❑ Telecopy(Fax) Boise, ID 83720-0074 ® Electronic Mail (Email) secretM(iDj2uc.idaho.gov chris.burdingpuc.idaho.gov Tim Tatum ❑ U.S. Mail Donovan E. Walker ❑ Hand Delivered Idaho Power Company ❑ Overnight Mail 1221 W. Idaho Street (83702) ❑ Telecopy(Fax) P.O. Box 70 ® Electronic Mail (Email) Boise, ID 83707 ttatumgidahopower.com dwalkergidahopower.com dockets gidahopower.com Lance Kaufman, Ph.D. ❑ U.S. Mail 2623 NW Bluebell Place ❑ Hand Delivered Corvallis, OR 97330 ❑ Overnight Mail lancegae isg insi h� ❑ Telecopy(Fax) ® Electronic Mail (Email) Peter J. Richardson ❑ U.S. Mail Richardson, Adams, PLLC ❑ Hand Delivered Industrial Customer of Idaho Power ❑ Overnight Mail 515 N. 27th St. ❑ Telecopy(Fax) P.O. Box 7218 ® Electronic Mail (Email) Boise, ID 83702 petergrichardsonadams.com ❑ U.S. Mail ❑ Hand Delivered ❑ Overnight Mail ❑ Telecopy(Fax) ® Electronic Mail (Email) APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 5 CASE NO.IPC-E-24-46 Dr. Don Reading ❑ U.S. Mail Industrial Customer of Idaho Power ❑ Hand Delivered 280 S. Silverwood Way ❑ Overnight Mail Eagle, ID 83616 ❑ Telecopy(Fax) dreadin mindspring com ® Electronic Mail (Email) Austin Rueschhoff ❑ U.S. Mail Thorvald A. Nelson ❑ Hand Delivered Austin W. Jensen ❑ Overnight Mail Kristine A.K. Roach ❑ Telecopy(Fax) Holland& Hart, LLP ® Electronic Mail (Email) Micron Technology, Inc. 555 17th Street Suite 3200 Denver, CO 80202 darueschhoff(a,hollandhart.com tnelson(a,hollandhart.com awj ensen@hollandhart.com karoachbhollandhart.com aclee@hollandhart.com ERIC L. OLSEN APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 6 CASE NO.IPC-E-24-46 EXHIBIT A Expert Witnesses: Deborah Glosser and Lance Kaufman,Expenses: 1. Witness Fees: 32.50 Hours @ $250= $ 8,125.00 Sub Total: $ 8,125.00 Legal Expenses: 1. Paralegal Fees: 11.5 Hours @ $155 = $ 1,782.50 2. Legal Fees Eric L. Olsen: 6.4 Hours @ $250 = $ 1,600.00 3. Soft Costs (Copies/Legal Research) $ 25.66 Sub Total: $ 3,408.16 Grand Total: $11,533.16 APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 7 CASE NO.IPC-E-24-46