20120814Application for Intervenor Funding.pdf

Benjamin J. Otto (ISB No. 8292)
710 N 6th Street
Boise, ID 83701
Ph: [phone] x 12
Fax: [phone]
[e-mail]
RE CE V ED
7012 AUG 14 PM 2:148
Utn-n iuc
I ILO ' I•I
Attorney for Idaho Conservation League
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE )
COMMISSION'S REVIEW OF PURPA QF CASE NO. GNR-E-11-03 CONTRACT PROVISIONS INCLUDING ')
THE SURROGATE AVOIDED
RESOURCE (SAR) AND INTEGRATED APPLICATION FOR INTERVENOR
RESOURCE PLANNING (IRP) ) FUNDING
METHODOLOGIES FOR CALULATING
PUBLISHED AVOIDED COST RATES. )
COMES NOW, the Idaho Conservation League ("ICL"), pursuant to Idaho Code § 61-617A and
IDAPA 31.01.01.161-165 with the following application for intervenor funding. ICL is an
intervenor in this case pursuant to Order No. 32352 wherein the Commission automatically
included all parties from the prior case GNR-E- 11-01. This application is timely under IDAPA
31.01.01.164, which establishes a deadline "no later than fourteen (14) days after the last
evidentiary hearing in a proceeding[.}"
I. Idaho Code § 61-617A and IDAPA Rule 31.01.01.161 Requirement
Avista Corporation, Idaho Power Corporation, and Rocky Mountain Power are all
regulated public utilities with gross Idaho intrastate, annual revenues exceeding three million,
five hundred thousand dollars ($3,500,000.00). Because the three utilities presented a united
front in this case, ICL proposes the Commission allocate the responsibility for any intervenor
funding award equally between the three.
ICL Application for Intervenor Funding 1
GNR-E-1 1-03 August 14, 2012
II. IDAPA Rule 31.01.01.162 Requirements
1.Itemized list of Expenses
The attached Exhibit A is an itemized list of expenses incurred by ICL in this proceeding.
2.Statement of Proposed Findings
This is a multifaceted case involving a host of issues. ICL's proposed findings address
only two issues: (a) that Renewable Energy Credits are owned by project developers in the first
instance, and (b) that Idaho Power's definition of must run resources should not, as a matter of
law, include four Mid-Snake dams, Twin Falls, Milner, Lower Salmon, and Bliss. Also, ICL
asks the Commission to grant this request for intervener funding to support ICL's efforts in
reviewing the case, opposing Idaho Power's motion for temporary stay, filing direct testimony,
and participating in the evidentiary hearing.
3.Statement Showing Costs
ICL requests $8,100 in intervenor funding, as shown in Exhibit A, but rounded down for
ease of accounting. Both the hourly rate and hours expended are reasonable for this complex
case and in line with the current range for other intervening parties. ICL does not request any
reproduction fees, although the rles allow and the amount of paper produced in this case was
substantial. Because ICL's expert witness is employed by the organization, we ask only for
attorney's fees spent reviewing the case, testimony, and representing the organization at the
hearings. Further, due to the diverse range of intervenors in this case, ICL purposefully limited
our expenses to address the two issues described above. For all these reasons ICL's request is
reasonable.
ICL dedicated far more hours than reflected in the Cost Statement during two prior
ICL Application for Intervenor Funding 2
GNR-E-1 1-03 August 14, 2012
phases of this case. In GNR-E-10-04 ICL submitted extensive and detailed comments describing
this Commission's flexibility to implement PURPA. Following this, the Commission opened
Phase II, GNR-E- 11-01, in Order 321276, and granted ICL's intervention in Order 32205.
During Phase II ICL filed a strawman proposal specifically answering the Commission's
directive to develop rules regarding disaggregated PURPA projects. ICL's proposal differed
from the Staff by providing less discretion in distinguishing between individual PURPA projects
in order to create a more self-enforcing system. Deciding that pricing was a predicate to
resolving the project size rules, the Commission then opened Phase III, which is the present case
GNR-E- 11-03. While ICL believes the prior phases of this case established an important
foundation and greatly informed this phase, we only seek intervenor funding for our work in
Phase III. ICL recounts this procedural history to establish our long involvement in this case
dating back to January of 2011; during all of this time, ICL dedicated substantial organization
resources to addressing the Commission's implementation of PURPA in Idaho and offered a
distinct position from the staff that addressed the interests of a broad range of Idaho ratepayers.
4. Explanation of Cost Statement
ICL is a nonprofit organization supported solely through charitable donations from our
members and foundations. In this proceeding, ICL represents its member and supporters who are
ratepayers of all three Idaho investor owned utilities, as well as those who have an interest in
promoting renewable energy throughout Idaho. To provide consistent, professional, and
impactful advocacy for our members and supporters ICL has dedicated a full-time, highly trained
staff member to work solely on energy issues. The cost of employing and training this staff
member is a significant financial commitment in a time of difficult fundraising. Because
charitable contributions are inherently unstable, the availability of intervenor funding is essential
ICL Application for Intervenor Funding 3
GNR-E-1 1-03 August 14, 2012
for ICL to participate in these proceedings. ICL has no pecuniary interest in the outcome of this
case; rather we dedicated our time and resources to represent the interests of our 20,000
supporters around the state who have a strong interest in a robust clean energy industry in Idaho.
5.Statement of Difference
ICL's proposed findings are materially different than the Staff. Regarding who owns
Renewable Energy Credits ("REC") in the first instance, ICL established the opposite position of
the Staff. The Staff argue Idaho utilities should receive the REC ' s when they purchase the
power. ICL's position is the REC's are an independent property interest owned by the project
developer. To support this position ICL's brief provides legal analysis built upon case law from
both Idaho state courts and the Federal Energy Regulatory Commission. At the evidentiary
hearing ICL cross-examined the utility and Staff witnesses to more fully develop the factual
record and crystalize our different position from the Staff. Further, ICL was the only party to
rebut Idaho Power's claims regarding the legal obligations imposed on Idaho Power's Mid-
Snake dams pursuant to the Clean Water Act. To support our position ICL offered the expert
testimony of Mr. Justin Hayes and entered into the record the applicable FERC licenses. The
Staff did not address this foundational issue.
6.Statement of Recommendation
ICL's proposed findings address issues of concern for customers of all three Idaho
investor owned utilities. All customers, regardless of class, share a strong interest in ensuring
Idaho utilities acquire power pursuant to rules that are fair, accurate, and conform to applicable
laws. Determining the party whom owns RECs in the first instance is a question of law. ICL's
recommendation regarding RECs ensures the answer to this question conforms to applicable law,
ICL Application for Intervenor Funding 4
GNR-E-1 1-03 August 14, 2012
and thus, if adopted, will reduce the likelihood of further legal challenges and increased costs to
Idaho ratepayers. In addition, while not directly related to utility customers, ICL's
recommendation addresses an issue of concern for all Idahoans interested in fostering renewable
energy development in this state. Further, all customers share a strong interest in ensuring Idaho
Power operates its existing resources so as to find the least cost, most reliable solution to meet
their legal obligations under federal laws. ICL's recommendation regarding the Mid-Snake
dams establishes that Idaho Power has far more flexibility to find a least cost solution than the
utility claims. On both issues, ICL has no monetary interest specific to our organization. Rather,
ICL's recommendations on these issues addresses broad topics applicable to all customers.
7. Statement Showing Class of Customer
ICL's individual members and supporters are residential and small commercial customers
of all thee Idaho investor owned utilities.
WHEREFORE, ICL respectfully requests the Commission grant this application.
DATED this 14 th day of August 2012.
Res pe ily submitted,
Benjamin J. Otto
Idaho Conservation League
ICL Application for Intervenor Funding 5
GNR-E-1 1-03 August 14, 2012
I 5:t9 Ill iJi1
Attorney Fees for Benjamin J. Otto - Total: $8,187.50
65.5 Hours at $125 per hour
12/15/11 Attend utility presentation of PURPA issues and initial positions 1.5
02/01/12 Review Idaho Power direct testimony 3.5
02/02/12 Review Avista direct testimony 1.5
02/02/12 Review RMP direct testimony 1.5
Identify issues in utilities' testimony, prepare memo on options and initial
02/03/12 positions 2.5
02/28/12 Attend settlement conference 1.5
03/12/12 Review IPC motion for stay and supporting brief 1.75
03/14/12 Prepare and file ICL opposition to IPC motion for stay 1.5
03/20/12 Prepare for oral argument on IPC motion for stay 1.5
03/21/12 Attend oral argument for IPC motion for temporary stay 1.0
04/24/12 Review direct testimony of Parks 0.25
04/24/12 Research IPC Mid-Snake river hydro dam licenses 2.5
04/25/12 Research IPC Mid-Snake river hydro dam licenses; draft memo re: same 2.25
04/30/12 Conf with Hayes re: expert testimony regarding Mid-Snake dams 1.25
05/04/12 Final review and edit of Hayes testimony; file same 3.5
05/07/12 Review direct testimony of Sterling 0.5
05/07/12 Briefly review direct testimony of other intervenors 1.5
06/13/12 Review direct testimony of all parties and determine if ICL will ifie rebuttal 1.25
07/09/12 Review rebuttal testimony of Stokes 0.5
07/09/12 Review rebuttal testimony of Parks 0.5
07/09/12 Review rebuttal testimony of Sterling 0.25
07/10/12 Research issues for ICL legal brief 1.5
07/11/12 Draft ICL legal brief 2.5
07/16/12 Research issues and edit ICL legal brief 1.25
07/20/12 Final review of ICL legal brief and file same 2.25
07/23/12 Review Avista legal brief 0.25
07/23/12 Review Staff legal brief 0.5
07/23/12 Review Idaho Power legal brief 1.25
07/26/12 Prepare for cross examination coordination meeting 0.75
07/27/12 Conf with other intervenors to coordinate cross examination of witnesses 2.25
08/02/12 Prepare cross examination of Staff witness Sterling 1.5
08/02/12 Prepare cross examination for RMP witness Clements 1.0
08/06/12 Prepare cross examination of IPC witness Parks 1.25
08/07/12 Attend technical hearing 6.5
08/08/12 Attend technical hearing 6.5
08/08/12 Prepare closing argument 1.25
08/09/12 Attend technical hearing 1.25
08/14/12 Prepare and file application for intervenor funding 1.75
Total Hours 65.5
ICL Application for Intervenor Funding 6
GNR-E-1 1-03 August 14, 2012
CERTIFICATE OF SERVICE
I hereby certify that on this 14 th day of August, 2012 I delivered true and correct copies
of the foregoing APPLICATION FOR INTERVENOR FUNDING to the following persons via
the method of service noted:
Hand delivery:
Jean Jewell
Commission Secretary (Original and seven copies provided)
Idaho Public Utilities Commission
427 W. Washington St.
Boise, ID 83702-59
Electronic Mail only:
PUC
Donald L. Howell, II
Kristine Sasser
Deputy Attorneys General
Idaho Public Utilities Commission
472 W. Washington
Boise ID 83702
[e-mail]
[e-mail]
Idaho Power
Donovan E. Walker
Jason B. Williams
Idaho Power Company
1221 West Idaho Street
Boise, Idaho 83707-0070
[e-mail]
[e-mail]
A vista
Michael G. Andrea
Avista Corporation
1411 E. Mission Ave.
Spokane, WA 99202
[e-mail]
Rocky Mountain Power
Daniel Solander
PacifiCorp/dba Rocky Mountain Power
201 S. Main St., Suite 2300
Salt Lake City, UT 84111
[e-mail]
NIPPC
Peter J. Richardson
Gregory M. Adams
Richardson & O'Leary, PLLC
515 N. 27th Street
Boise, ID 83702
[e-mail]
[e-mail]
Robert D. Kahn, Executive Director
Northwest and Intermountain Power
Producers Coalition
117 Minor Ave., Suite 300
Seattle, WA 98101
[e-mail]
Simplot
Peter J. Richardson
Gregory M. Adams
Richardson & O'Leary, PLLC
515 N. 27th Street
Boise, ID 83702
[e-mail]
[e-mail]
Don Sturtevant, Energy Director
J.R. Simplot Company
P.O. Box 27
Boise, ID 83707
[e-mail]
CERTIFICATE OF SERVICE 7 August 14, 2012
Grandview Solar II [e-mail]
Peter J. Richardson
Gregory M. Adams Clearwater Paper Corp
Richardson & O'Leary, PLLC Peter J. Richardson
515 N. 27th Street Gregory M. Adams
Boise, ID 83702 Richardson & O'Leary, PLLC
[e-mail] 515 N. 27th Street
[e-mail] Boise, ID 83702
[e-mail]
Robert A. Paul [e-mail]
Grandview Solar II
1590 Vista Circle Mary Lewallen
Desert Hot Springs, CA Clearwater Paper Corporation
[e-mail] 601 W. Riverside Ave., Suite 1100
Spokane, WA 99201
Exergy Development [e-mail]
Peter J. Richardson
Gregory M. Adams Dynamis Energy
Richardson & O'Leary, PLLC Ronald Williams
515 N. 27th Street Williams and Bradbury, P.C.
Boise, ID 83702 1015 W, Hays St.
[e-mail] Boise, ID 83702
[e-mail] [e-mail]
James Carkulis Wade Thomas, General Counsel
Managing Member Dynamis Energy, LLC
Exergy Development Group of Idaho 776 W. Riverside Dr., Suite 15
802 W. Bannock St., Suite 1200 Eagle, ID 83616
Boise, ID 83702 [e-mail]
[e-mail]
Renewable Energy Coalition
Dr. Don Reading Ronald Williams
2070 Hill Road Williams and Bradbury, P.C.
Boise, ID 83702 1015 W, Hays St.
[e-mail] Boise, ID 83702
[e-mail]
Adams County Board of Commissioners
Peter J. Richardson John R. Lowe, Consultant
Gregory M. Adams Renewable Energy Coalition
Richardson & O'Leary, PLLC 12050 SW Tremont St.
515 N. 27th Street Portland, OR 97225
Boise, ID 83702 [e-mail]
[e-mail]
[e-mail] Interconnect Solar Development, LLC
R. Greg Ferney
Bill Brown, Chair Mimura Law Office, PLLC
Board of Commissioners of Adams County 2176 E. Franklin Rd., Suite 120
P.O. Box 48 Meridian, ID 83642
Council, ID 83612 [e-mail]
Certificate of Service
IPC-E-1 1-19 March 21, 2012
Bill Piske, Manager
Interconnect Solar Development, LLC
1303 K Carter
Boise, ID 83706
[e-mail]
Intermountain Wind, LLC
Dean J. Miller
McDevitt & Miller, LLP
P.O. Box 2564
Boise, ID 83701
[e-mail]
Paul Martin
Intermountain Wind, LLC
P.O. Box 353
Boulder, CO 80306
[e-mail]
Twin Falls and North Side Canal Companies
C. Thomas Arkoosh
Capitol Loaw Group, PLLC
205 N. 101h St., 4 1h Floor
P0 Box 2598
Boise, ID 83701
[e-mail]
Brian Olmstead, General Manager
Twin Falls Canal Company
P.O. Box 326
Twin Falls, ID 83303
[e-mail]
Ted Diehl, General Manager
North Side Canal Company
921 N. Lincoln St.
Jerome, ID 83338
[e-mail]
Birch Power Company
Ted Sorenson, P.E.
Birch Power Company
5203 South 1 11h East
Idaho Falls, ID 83404
[e-mail]
Idaho Windfarms, LLC
Dean J. Miller
Certificate of Service
IPC-E-1 1-19
McDevitt & Miller, LLP
P.O. Box 2564
Boise, ID 83701
[e-mail]
Glenn Ikemoto
Margaret Rueger
Idaho Windfarms, LLC
672 Blair Avenue
Piedmont, CA 94611
[e-mail]
[e-mail]
Blue Ribbon Energy
M.J. Humphries
Blue Ribbon Energy, LLC
4515 S. Ammon Road
Ammon, Id 83406
[e-mail]
Arron F. Jepson
Blue Ribbon Energy LLC
10660 South 540 East
Sandy UT 84070
[e-mail]
Renewable Northwest Project
Dean J. Miller
McDevitt & Miller, LLP
P.O. Box 2564
Boise, ID 83701
[e-mail]
Megan Walseth Decker
Senior Staff Council
Rnewable Northwest project
421 SW6th St, Suite 1125
Portland, OR 97204
[e-mail]
Snake River Alliance
Liz Woodruff
Ken Miller
Snake River Alliance
P0 Box 1731
Boise, ID 83701
[e-mail]
[e-mail]
March 21, 2012
Energy Integrity Project
Tuana Christensen
Energy Integrity Project
769N 1100E
Shelly, ID 83274
[e-mail]
Idaho Wind Partners I, LLC
Deborah E. Nelson
Kelsey J. Nunez
GIVENS PURSLEY LLP
601 Bannock St
P0 Box 2720
Boise, ID 83701
[e-mail]
[e-mail]
Ridgeline Energy LLC
Dean J. Miller
Chas F. McDevitt
MecDevitt & Miller, LLP
420 W. Bannock St.
Boise, ID 83702
Mountain Air Projects, LLC
J. Kahle Becker
The Alaska Center
1020 W. Main St. Suite 400
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Michael J. Uda
Uda Law Firm, P.C.
7 W. 6th Avenue, Suite 4E
Helena, MT 59601
Telephone [phone]
Facsimile: [phone]
[e-mail]
Benjamin J. Otto
Idaho Conservation League
Certificate of Service
IPC-E-11-19 March 2l,2012