HomeMy WebLinkAbout20030919Intervenor Funding ID Irrigation Pumpers.pdfLAW OFFICES OF
LOUIS F. RACINE, JR.
WILLIAM D. OLSON
W. MARCUS W. NYE
RANDALL C. BUDGE
JOHN A. BAILEY, JR.
JOHN R. GOODELL
JOHN B. INGELSTROM
DANIEL C. GREEN
BRENT O. ROCHE
KIRK B. HADLEY
FRED J. LEWIS
MITCHELL W. BROWN
ERIC L. OLSEN
DAVID E. ALEXANDER
LISA M. CHRISTON
RICHARD A. HEARN, M.
LANE V. ERICKSON
PATRICK N. GEORGE
SCOTT J. SMITH
LISA A. WOOD, CPASTEPHEN J. MUHONENBRENT L. WHITING
RACINE, OLSON, NYE , BUDGE Be BAILEY
CHARTERED
BOISE OFFICE
CENTER PLAZA-CORNER FIRST & CENTER
POST OFFICE BOX 1391
PoCATELLo, IDAHO 83204-1391
CONRAD J. AIKEN
THEODORE C. PETERS
DEBORAH L. LEHOSIT
TELEPHONE (208) 232-6101
FACSIMILE (208) 2.32.-6109
101 SOUTH CAPITOL
BOULEVARD
S. BANK PLAZA, SUITE 202
BOISE, IDAHO 83702
TELEPHONE, (20B) 395-0011
FACSIMILE, (20B) 433-0167
SENDER'S E-MAIL ADDRESS: elo(g)racinelaw.net
September 19, 2003
HAND DELIVERY
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rT1Paul Kjellander
Pres i dent/Commissioner
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Dennis Hansen
Commissioner DEl
Marsha Smith
Commissioner
IDAHO PUBLIC UTILITIES COMMISSION
472 W. Washington
Boise, ID 83720-0074
RE:IPC-03-
Dear Mr. Kjellander, Mr. Hansen, and Ms. Smith:
I enclosed herewith a copy of the Idaho Inigation Pumpers Association, Inc.' s Application
for Intervenor Funding that was filed today. Given the procedural posture of this case being
submitted on the Stipulation of the parties, I was unclear as to when the time period for filing the
Application would begin under Commission Rule 164 because there was no evidentiary hearing or
deadline for submitting briefs, proposed orders or statements of position. Further, in other cases
such as P AC- E-02-, the Commission has called for hearings after matters are submitted via the
stipulation of the parties to the case. On the other hand, if the submission ofthe Stipulation by the
parties is viewed as the operative event, then the Application could be viewed as untimely under
Commission Rule 164.
Paul Kjellander
Dennis Hansen
Marsha Smith
September 19 2003
Page 2
It was always the Irrigators intent to file an Application for Intervenor Funding in this case.
I have spoken to Lisa Nordstrom of Commission Staff about this matter. I have also spoken to Bart
Kline at Idaho Power Company. Mr. Kline did not anticipate having any objection to the
Application, but understood, as did Ms. Nordstrom, that it ultimately was up to the Commission to
consider the Irrigators ' Application. The Irrigators respectfully request that the Commission accept
its Application and make a detennination as to whether the Irrigators have met the substantive
requirements for qualifYing for an award.
Very truly yours
ERIC L. OLSEN
ELO/np
Enclosurec: Service List (w/o encl.)
Eric L. Olsen ISB# 4811
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
O. Box 1391; 201 E. Center
Pocatello, Idaho 83204-1391
Telephone: (208) 232-6101
Fax: (208) 232-6109
E-mail: elo(illracinelaw.net
RECEIVED FILED
2tiUlSEP 19 PM 1:21
Plb.tm PUBLiC
UTILITIES COI1r'lISSION
Attorneys for Idaho Irrigation Pumpers Association, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORITY TO IMPLEMENT A POWER
COST ADJUSTMENT (PCA) RATE OF
ELECTRIC SERVICE FROM MAY 16, 2003
THROUGH MAY 15 2004
Case No. IPC-03-
APPLICATION FOR INTERVENOR FUNDING OF
THE IDAHO IRRIGATION PUMPERS ASSOCIATION. INc.
COMES NOW the Idaho Irrigation Pumpers Association, Inc. ("Irrigators ), by and through
counsel of record, Eric L. Olsen, and hereby respectfully makes application to the Idaho Public
Utilities Commission ("Commission ) for intervenor funding pursuant to Idaho Code 9 61-617 A and
IDAPA 31.01.01.161 through .165 as follows:
(A)A summary of the expenses that the Irrigators request to recover broken down into
legal fees, consultant fees and other costs and expenses is set forth in Exhibit "A" attached hereto
and incorporated by reference. Itemized statements are also included as Attachments 1 and 2 to
Exhibit "A" in support of said summary and are incorporated by reference.
(B)The detail of the Irrigators' proposed findings and recommendations are set forth in
its comments dated May 8, 2003 , are smmnarized in Order No. 29243 , and are incorporated in the
APPLICA TION FOR INTERVENOR FUNDING OF
THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INc. - 1
parties Stipulation which was filed in this case on August 20 2003.
The Irrigators objected to Idaho Power Company s ("Idaho Power ) use of the 1993
nonnalized sales data in establishing the true-up rate for 2003-2004 Power Cost Adjustment
PCA"). This objection was based on the possibility that the use of this stale sales data could result
in a over collection of target true-up revenue. The Commission Staff also expressed the same
concern. To remedy this situation, the parties agreed in the Stipulation to a true-up ofthe target true-
up revenue in future PCA cases.
The Inigators objected to Idaho Power s calculation of the 2002-2003 PCA deferral amounts
for Schedules 7, 19, and 24 that were to be added to the 2003-2004 PCA rate. The defelTal amount
for schedule 24 was approximately 14% higher than what the Commission authorized to be deferred
in the 2002-2003 PCA case because Idaho Power used 1993 nonnalized sales data rather than the
2000 nonnalized sales data that was initially used to calculate the deferral amount. To address this
issue, the parties agreed in the Stipulation that schedules 7, 19, and 24 would get a credit in the 2004-
2005 PCA in an amount equal to the difference between the amount Idaho Power is currently
projected to collect for the 2003-2004 PCA and what they would be projected to collect if the 2000
sales data was used to calculate the deferral amount for the same period.
The Irrigators also had concerns about Idaho Power s nonnalized sales data. However, given
the eminence of a new general rate case, this issue was not pursued further in the parties settlement
negotiations.
(C)The expenses and costs incurred by the Irrigators set forth in Exhibit A and
accompanying attachments are reasonable in amount and were necessarily incurred (1) in reviewing
and evaluating Idaho Power s Application in this case, filing comments, and preparing data requests
APPLICATION FOR INTERVENOR FUNDING OF
THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INc. - 2
for a possible hearing and (2) participating in the scheduling conference and participating in the
subsequent settlement negotiations and the resulting Stipulation that was presented to the
Commission.
(D)The costs described in (A) above constitute a financial hardship for the Irrigators.
The Irrigators currently have approximately $25 000 in the bank and substantial accounts payable
as a result of participation in this case as set out in Exhibit "A" and anticipate substantial expenses
to be incurred in Idaho Power s upcoming general rate case and in the rumored general rate case for
PacifiCorp. The Irrigators are an Idaho nonprofit corporation qualified under LR.C. 9 501(c)(5)
representing fann interests in electric utility rate matters affecting fanners in southern and central
Idaho. The Irrigators rely solely upon dues and contributions voluntarily paid by members, together
with intervenor funding to support activities and participate in rate cases. Each year a mailing is sent
to approximately 7500 Idaho Irrigators (approximately two-thirds in the Idaho Power Company
service area and one-third in the Utah Power Company service area), soliciting annual dues. The
Irrigators recommend that each member make a voluntary contribution of thirty cents ($.30) per
horsepower for each pumping installation. Member contributions have been falling mainly due to
the extremely depressed agricultural economy that has ben exacerbated by the extremely poor water
conditions these past years. From member contributions the Irrigators must pay all expenses, which
generally include mailing expenses, meeting expenses and shared office space in Boise, Idaho, in
addition to the expenses relating to participation in rate cases. The Executive Director, Lynn
Tominaga, is the only part-time paid employee, receiving a small retainer plus expenses for office
space, office equipment, and secretarial services. Officers and directors are elected annually and
serve without compensation.
APPLICATION FOR INTERVENOR FUNDING OF
THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. - 3
It has been and continues to be a financial hardship for the Irrigators to fully participate in
all rate matters affecting its members. As a result of financial constraints, participation in past rate
cases and in this case has been selective and, primarily, on a limited basis.
(E)The Irrigators ' position with respect to the calculation of the 2002-2003 deferral
amount for schedules 7, 19, and 24 differed materially from the positions taken by the Commission
Staff. The IlTigators pointed out that Idaho Power s defelTal amounts for schedules 7, 19, and 24
were too high because Idaho Power used the 1993 customer class sales data as apposed to the 2000
sales data. See Order No. 29243 , at p.
(F)The Irrigators' participation addressed issues of concern to the general body of users
or consumers on Idaho Power s system because the PCA true-up rate affects all customer classes.
By pointing out, along with the Commission Staff, that the PCA mechanism suffered from using
stale sales data, the parties were able to craft a resolution that seeks to minimize the possibility of
over or under collection of the PCA rate.
(G)The Irrigators represent the irrigation class of customers under Schedule 24.
APPLICATION FOR INTERVENOR FUNDING OF
THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INc. - 4
Based on the foregoing, it is respectfully submitted that the Irrigators are a qualifying
intervenor and should be entitled to an award of costs of intervention pursuant to Idaho Code ~ 61-
617A and IDAPA 31.01.01.161 through .165.
DATED this 19th day of September, 2003.
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
By
~~
ERIC L. 0
APPLICATION FOR INTERVENOR FUNDING OF
THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INc. - 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of September, 2003 , I served a true, correct and
complete copy of the Idaho Irrigation Pumpers Association, Inc.'s foregoing Application for
Intervenor Funding to each of the following, via u.S. Mail, e-mail or hand delivery:
Commission Secretary
Idaho Public Utilities Commission
O. Box 83720
Boise, Idaho 83720-0074 Hand delivery
Barton L. Kline
Monica B. Moen
Idaho Power Company
O. Box 70
Boise, Idaho 83707-0070 Hand Delivery
Peter Richardson
Richardson & O'leary
O. Box 1849
Eagle, Idaho 83616 US Maille-mail
APPLICATION FOR INTERVENOR FUNDING OF
THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INc. - 6
ExmBIT A TO APPLICATION FOR INTERVENOR FUNDING
IPC-03-
LEGAL - ERIC L. OLSEN:
Legal Fees: 30.5 hours 0! $150
(See Attachment 1 for Detail)
590.
Costs: travel and long distance
expenses:$ 430.
Total:$5,020.
CONSULTING FEES - TONY Y ANKEL:
Consulting Fees: 56.5 hours 0! $100
(See Attachment 2 for Detail)
650.
TOT AL FEES AND EXPENSES:$10 670.
TT ACHMENT
Date Descri tion Hours Total
23-Telephone conference with Tony Yankel Re: Idaho
Power PCA case and making data request
28-Review email from Tony Yankel; Call and leave
message with Randy Lobb Re: handling data request;
See that request is prepared in PCA case
Telephone conference with Tony Yankel re: getting
data requests back; Call and leave message with Bart
Kline Re: same
Review draft comments of Tony Yankel; telephone
conference with Tony Yankel Re: same; Draft
comments Re: Idaho Power PCA case
Finalize liTigator comments and see that same are filed
with the Commission 1.70
Telephone conference with Lisa Nordstrom Re:
decision meeting on PCA and Staff's comments;
Review Staff's comments on PCA mechanism;
Telephone conference with Tony Yankel Re: same
12-Email Lisa Nordstrom at Commission Re: IPC's filing
of comments; Call and leave message with Tony
Y ankel Re: same; Review comments of Idaho power
on PCA methodology; Telephone conference with
Tony Yankel
Re: review of same
13-Telephone conference with Lisa Nordstrom Re:
format of PCA decision meeting and participation
via conference call
19-Review PCA order favorable toward irrigator
positions; Telephone conference with Tony Y ankel
Re: PCA
order
28-Telephone conference with Lisa Nordstrom Re: status
of PCA case and upcoming status conference; See that
data requests are prepared and served upon the parties;
Email Tony Yankel Re: service of data requests
5- 30-Set up for conference call for commission pre-hearing
conference; Participate in pre-hearing conference and
set negotiation meeting deadline; Telephone
conference with Tony Yankel Re: results of pre-
hearing scheduling conference 1.80
6- 5-Telephone conference with Tony Yankel Re:
Settlement position of the Irrigators; Telephone
conference with
Bart Kline and Greg Said Re: proposed deferral
amount; call and leave message with Lynn Tominaga
Re: upcoming settlement meeting
Email Barton Kline Re: getting a copy of Idaho
Power s settlement proposal
Review Commission orders on PCA case and Idaho
Power s settlement proposal; Call and leave message
with Tony Yankel
10-Telephone conference with Tony Yankel Re: review of
Idaho Power s settlement proposal; Call and leave
message with Peter Richardson Re: same
10-Telephone conference with Tony Yanke I Re: Idaho
Power s position on the settlement conference
13-Travel to Boise for settlement conference No Charge
13-Attend settlement conference with Idaho Power and
Commission staff
13-Travel back to Pocatello No Charge
25-Review Tony Yankel's comments on settlement
proposal; Telephone conference with Toy Yankel Re:
same; Review the Idaho Power s Proposed stipulation
Telephone conference with Lisa Nordstrom Re:
Irrigator s position on size of credit that Idaho Power
is proposing; Email to Lisa Nordstrom our thoughts on
calculation of the credit; Telephone conference with
Tony Yankel Re: same
Telephone conference with Bart Kline Re: issue with
the amount of the credit proposed by Idaho Power;
Telephone conference with Tony Yankel Re: same
7 -Fax Yankel's comments to Bart Kline , Greg Said
and Ric Gail
Email to Tony Yankel Re: status of PCA case
Telephone conference with Lisa Nordstrom Re: setting
up second settlement negotiations meeting on PCA
case; Email ilTigators position to Peter Richardson and
Don Reading 1.00
11-Dictate letter to Idaho Power Re: settlement position
on size of credit
11-Review proposed stipulation; Review Yankel'
comments on IPC proposed credit and revise letter to
Bart Kline IIP A calculation of the same
18-Call and leave message with Bart Kline; Call and leave
message with Lisa Nordstrom Re: upcoming PCA
meeting 0.20
21-Telephone conference with Bart Kline Re: discussion
of settlement positions; Telephone conference with
Tony Yankel Re: settlement positions and patching
him in by conference call; Telephone conference with
Randy Lobb Re: PCA case; Email to Bart Kline Re:
setting up conference call
22-Trave to and from Boise to attend settlement No Charge
conference
22-Prepare for and attend settlement conference
7 - 28-Email to Tony Yankel Re: Status of PCA case;
Telephone conference with Tony Yankel Re: Same
13-Prepare comments on the stipulation and email same to
Bart Kline, Lisa Nordstrom and Peter Richardson;
Draft application for intervenor funding 1.90
18-Sign stipulation and dictate letter to PUC secretary Re:
same
19-Finalize application for Intervenor funding
For Current Services Rendered at $150.00 per hour 30.590.
Costs:
13-
30-
22-
31-
31-
Airline Ticket to Boise and Back
Long Distance Telephone Expense
Airline Ticket to Boise and Back
Long Distance Telephone Expense
Long Distance Telephone Expense
Total Current Work & Costs
Balance Due
200.
17.
200.
6.30
$5,020.
$5,020.
$430.
ATTACHMENT 2
Idaho Power PCA
Date Hours Description
April Review PCA filing; investigate the basis for the different
percentage change to the Irrigators; review old Orders
associated with same.
Continued review of PCA filings and investigating the
basis for the different percentage change to Irrigators;
conversation with Staff regarding calculations.
Continued review of past PCA procedures; review this
filing; talk to Staff regarding calculations,
Continued review of past PCA procedures; review this
filing; talk to Staff regarding calculations.
Continued review of past PCA procedures; review this
filing; develop data requests.
May Review past PCA's; calculate impacts; draft comments.
Continued review of past PCA's; calculate impacts; draft
comments.
Review Staff comments and respond to Olsen.
Review historic usage data, Commission Order, and
Company position in order to define what will be needed
in the way of additional data.
Continued review of Commission Order to define what
will be needed in the way of additional data for a hearing.
Date Hours Descri tion
Continued review of historic usage data, Commission
Order, and Company position in order to define what will
be needed in the way of additional data for a hearing,
develop interrogatories.
June Review IPCo proposal.
Review IPCo proposal; talk to Olsen and Lobb; prepare
comments.
Conversations with Olsen and Lobb regarding IPCo
proposed settlement; review data.
- 2 Review proposed settlement tenns; conversation with
Lobb regarding the proposed settlement and the differences
in our expectation of the language in the agreement.
Review IPCo s Proposed Stipulation; review files, prepare
response to settlement proposal.
July Review materials regarding problems with the PCA and
write a memo regarding their problem and possible
solutions.
Conversations with Lobb and Olsen; review position
regarding PCA deferral; develop simple settlement
document.
Prepare for and attend settlement conference via
conference call.
Total:56.5 x $100.00 per hour = $5 650.