20020423Conservation Group's Motion for Leave.pdf

William M.Eddie (ISB#5800)
LAND AND WATER FUND OF THE ROCKIES
P.O.Box 1612
Boise,ID 83701
[phone]
fax:[phone]
[e-mail]
Express Mail:
1320 W.Franklin St.
Boise,ID 83702
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )IDAHO POWER COMPANY FOR AN ENERGY COST )FINANCING ORDER AND AUTHORITY TO )CASE NOS.IPC-E-02-2INSTITUTEANENERGYCOSTBONDCHARGE)IPC-E-02-3
IN THE MATTER OF THE APPLICATION OF )IDAHO POWER COMPANY FOR AUTHORITY TO )IMPLEMENT A POWER COST ADJUSTMENT RATE )
THORUGH MAY 15,2003 )
MOTION FOR LEAVE TO SUBMIT COMMENTS IN LIEU OF TESTIMONY
IntervenorsIdaho Rivers United,et al.,("Conservation Groups")move the Commission
for leave to file comments in the above matters in lieu of testimony.As discussed below,due to
the recent unavailabilityof expert witnesses,the Groups'ability to meaningfullyparticipate in
these matters has been compromised;however the Groups believe it is important that their
comments be provided for the Commission's review.Further,as indicated below,counsel for
Idaho Power does not oppose this proposal,provided that the Groups'comments address policy
issues and do not introduce potentiallydisputable facts to these proceedings.
At the time the Conservation Groups moved to intervene in these matters,counsel for the
Groups had been in discussions with an expert witness who intended to testify in regard to (1)
MOTION FOR LEAVE TO SUBMIT COMMENTS --1
the availabilityof cost effective demand-side management (DSM)opportunities in Idaho
Power's service territorybased on estimates from an ongoing regional study;(2)means of
structuring a DSM tariff rider and program to take full advantage of those opportunities;and (3)
policy issues related to the tiered rate structure.Unfortunately,on Thursday April 18,that expert
witness informed counsel for the Groups that he could not provide testimony in these cases due
to a more pressmg matter.
Counsel for the Conservation Groups arranged to pre-file testimony from a second
potential expert witness on Thursday April 18;however this second expert witness was totally
unavailable to appear,either in person or via telephone,for the April 26 technical hearing in
these matters.Counsel for the Groups and Commission Staff discussed alternative arrangements
to make the Groups'expert available to testify before the Commission and all parties;however it
did not appear that a reasonable alternative solution could be reached.Given that this expert
witness could not appear for cross examination by other parties,the Groups elected not to file
testimony in her name.At that late date -2 business days prior to the due date for pre-filed
testimony in these matters -the Groups could not secure a substitute expert witness who could
provide meaningful expert testimony to the Commission.
The ConservationGroups request an opportunity to submit comments in these matters
with respect to two issues:(1)the designation of a tariff rider or other funding mechanism for
DSM programs,and (2)the continued use of a tiered rate structure.Such comments wouÌd
primarily state the Groups'positions with respect to these issues and support those positions with
policy arguments.The Groups do not intend to introduce new,potentiallydisputable facts via
their comments in this proceeding,which might compromise other parties'ability to cross-
examine the Groups with respect to those facts.
MOTION FOR LEAVE TO SUBMIT COMMENTS --2
The Conservation Groups would appreciate the opportunity to continue to participate in
these matters as parties,and be able to examine Staff or Idaho Power witnesses at the April 26
hearing.The Groups also have served Idaho Power with brief Production Requests in an effort to
clarify several issues with respect to the designation of a DSM tariff rider.Idaho Power's
responses to these Requests could be of value to the Commission in these cases.
Counsel for the Groups has discussed this proposal with Larry Ripley,counsel for Idaho
Power Company.Mr.Ripley indicated that Idaho Power is not opposed to the Groups'filing
comments in these matters in lieu of testimony,provided that those comments address primarily
issues of policy and do not introduce potentially disputable facts to these proceedings.
If the Commission does not believe it is appropriatefor the Conservation Groups to
submit comments in these matters in lieu of testimony while continuing as parties,the Groups
request that the Commission allow them to withdraw as parties so that they might submit written
comments on the same basis as other members of the public.
CONCLUSION
The Conservation Groups request that the Commission grant the foregoing motion for
leave to submit comments in lieu of testimony.In the alternative,the Groups request the
Commission issue an order approving the Groups'withdrawa1 as parties from these matters.
Dated:April 23,2002 Respectfull braitted,
il1Ïam M.Eddie,Attorney
Land and Water Fund of the Rockies
On behalf of:
-Idaho Rivers United
Idaho Rural Council
NW Energy Coalition
Mary McGown
MOTION FOR LEAVE TO SUBMIT COMMENTS --3
CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day April 2002,true and correct copies of the
foregoing MOTION FOR LEAVE TO SUBMIT COMMENTS were delivered to thefollowingpersonsviathemethodofservicenoted:
Via Hand-Deliverv:
Commission Secretary
Idaho Public Utilities Commission
427 W.Washington St.
Boise,ID 83702-5983
Via Fax and U.S.Mail:
Larry D.Ripley
Idaho Power Company
P.O.Box 70
Boise,ID 83707-0070
fax:[phone]
Via U.S.Mail
Peter Richardson
Richardson &O'Leary
P.O.Box 1849
Eagle,ID 83616
R.Scott Pasley
J.R.Simplot Company <
P.O.Box 27
Boise,ID 83702
illiam M.Eddie
MOTION FOR LEAVE TO SUBMIT COMMENTS --4