20210920Final_Order_No_35169.pdf

ORDER NO. 35169 1
Office of the Secretary
Service Date
September 20, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF AVISTA CORPORATION DBA AVISTA
UTILITIES FOR AUTHORITY TO
INCREASE ITS RATES AND CHARGES FOR
ELECTRIC AND NATURAL GAS SERVICE
FOR ELECTRIC AND NATURAL GAS
CUSTOMERS IN THE STATE OF IDAHO
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CASE NOS. AVU-E-21-01
AVU-G-21-01

ORDER NO. 35169

On January 29, 2021, Avista Corporation dba Avista Utilities (“Avista” or “Company”)
applied to increase its rates for electric and natural gas service in Idaho, to be effective on
September 1, 2021, and September 1, 2022. Application at 1.
The Commission issued a Notice of Application and granted intervention to the Idaho
Conservation League (“ICL”), Walmart, Inc., (“Walmart”) the Community Action Partnership
Association of Idaho, Inc., (“CAPAI”), the Idaho Forest Group LLC (“IFG”) and Clearwater Paper
Corporation (“Clearwater”) (collectively with Avista and the Commission Staff the “Parties”). See
Order Nos. 34940, 34953, 34958, and 34967.
On June 14, 2021, the Company filed a Motion for Approval of Stipulation and
Settlement (“Motion”) with a copy of the proposed Stipulation and Settlement (“Settlement”)
attached thereto. The Settlement was signed by all Parties. The Commission held public hearings
and a technical hearing on the Settlement. On September 1, 2021, after considering the record, the
Commission issued Order No. 35156 approving the Settlement.
On August 17, 2021, CAPAI timely filed a Petition for Intervenor Funding (“Petition”).
No party in the case filed an object to CAPAI’s Petition.
CAPAI’S PETITION FOR INTERVENOR FUNDING
CAPAI stated it fully participated in every aspect of this proceeding and provided input
and asserted issues not raised by Staff and other parties, including advocating exclusively for the
interests of Avista’s low-income residential customers who are at the highest risk of non-payment,
late payment, and disconnection, all of which it claims result in negative consequences to the
general body of ratepayers. Petition at 5.
CAPAI requests $7,000.00 in Intervenor funding. However, Exhibit A attached to
CAPAI’s Petition showed that it incurred $6,975.00 in attorney’s fees from its counsel, Brad
ORDER NO. 35169 2
Purdy, billing 31 hours at $225.00 an hour. CAPAI submits that both the hourly rate of $225.00
and hours expended are reasonable. CAPAI's stated its counsel has nearly thirty (30) years of
direct experience before this commission as both Deputy Attorney General for the Commission
Staff and in private practice handling a myriad of cases before this Commission as well as in other
sectors of the law.
COMMISSION FINDINGS AND DISCUSSION
Intervenor funding is available under Idaho Code § 61-617A, which declares it is the
“policy of [Idaho] to encourage participation at all stages of all proceedings before the commission
so that all affected customers receive full and fair representation in those proceedings.” The statute
empowers the Commission to order any regulated utility with intrastate annual revenues exceeding
$3.5 million to pay all or a portion of the costs of one or more parties for legal fees, witness fees
and reproduction costs not to exceed a total for all intervening parties combined of $40,000. Id.
In considering whether to award intervenor funding, the Commission shall be based on the
following considerations:
(a) A finding the intervenor’s participation materially contributed to the
Commission’s decision;
(b) A finding the costs of intervention are reasonable in amount and would be
a significant financial hardship for the intervenor;
(c) The intervenor’s recommendation differed materially from Commission’s
Staff’s testimony and exhibits; and,
(d) The intervenor’s testimony and participation addressed issues of concern to
the general body of users or consumers.
See Idaho Code § 61-617A(2). To obtain an intervenor funding award, an intervenor must comply
with Commission Rules of Procedure 161 through 165. Rule 162 provides the form and content
for the petition. IDAPA 31.01.01.162.
We find that CAPAI’s Petition satisfies the intervenor funding requirements. CAPAI
intervened and participated in all aspects of the proceeding, with a focus on low-income customers.
CAPAI’s Petition shows CAPAI worked closely with Avista and Staff throughout the case.
The Commission finds that CAPAI has materially contributed to the Commission’s
decision. CAPAI’s recommendations materially differ from Staff’s, and CAPAI’s participation
addressed issues of concern to the general body of customers. CAPAI engaged attorney Brad M.
ORDER NO. 35169 3
Purdy to represent its interests in this case. In the Petition, CAPAI requests a $7,000 award of
intervenor funding related to the services Mr. Purdy provided to this organization. However,
Exhibit A shows that CAPAI only incurred $6,975.00 in costs related to Mr. Purdy’s representation
of CAPAI in this case, 31 hours of time billed at a rate of $225.00 per hour. Based on the facts
provided by Exhibit A we find that the $6,975.00 incurred by CAPAI is reasonable in amount, and
that CAPAI, as a non-profit organization, would suffer financial hardship if the request is not
approved.
Accordingly, we find it reasonable to award CAPAI $6,975.00 in intervenor funding,
the amount shown on Exhibit A attached to CAPAI’s Petition. This amount shall be recovered
from Avista’s residential electric and natural gas customers.
O R D E R
IT IS HEREBY ORDERED that CAPAI’s Petition for Intervenor Funding is granted
in the amount of $6,975.00 to be recovered from Avista’s residential electric and natural gas
customers.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-
626.
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ORDER NO. 35169 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 20th day
of September 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\AVUE2101_AVUG2101\orders\AVUE2101_AVUG2101_IntervenorFunding_jh.docx