20040426Intervenor Funding.pdf

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Brad M. Purdy
Attorney at Law
BarNo. 3472
2019 N. 17th St.
Boise, ID. 83702
[phone]
FAX: [phone]
bmpurdy(Q?hotmail.com
Attorney for Petitioner
Community Action Partnership
Association ofldaho and
American Association of
Retired Persons.
pn, 26 Pt~ 3: l~
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR AUTHORITY)
TO INCREASE ITS INTERIM AND BASE
RATES AND CHARGES FOR ELECTRIC SERVICE
CASE NO. IPC-O3-
PETITION FOR
INTERVENOR FUNDING
COMES NOW, petitioner Community Action Partnership Association ofldaho
(CAP AI) and, pursuant to Idaho Code ~ 61-617A and Rules 161-165 of the
Commission s Rules of Procedure, IDAPA 31.01.01 , petitions this Commission for an
award of intervenor funding.
Rule 162 Requirements
(01) Itemized list of Expenses
Consistent with Rule 162(01) ofthe Commission s Rules of Procedure, an
itemized list of all expenses incurred by CAP AI in this proceeding is attached hereto as
Exhibit "A."
CAP AI PETITION FOR INTERVENOR FUNDING
(02) Statement of Proposed Findings
CAP AI addressed issues of importance to the general body of Idaho Power
ratepayers, including the Company s overall proposed rate increase and the impact it
would have on its low-income customers. CAP AI proposes that the Commission not
, grant the rate increase requested by Idaho Power for the residential class which,
essentially, includes all of its low-income customers. CAPAI also opposes the
Company s proposed approximate 300% increase in its monthly customer minimum
charge. CAP AI proposes that this charge remain at its current level for the reasons set
forth in the testimony of Terri Ottens.
CAP AI also identified the existence and characteristics ofldaho Power s low-
income ratepayers and the unique challenges those individuals face in paying the electric
bills and the significant gap between the current level of "need" of those customers and
available resources.
CAP AI proposes that the Commission order Idaho Power to increase funding
the Low Income Weatherization Assistance Program (LIW A) from current levels to $1.2
million, increase payment of administrative costs from $75 to $150 and that the Company
be ordered to pay 100% of project costs, as opposed to 50%.
(03) Statement Showing Costs
Attached hereto as Exhibit "A" is a statement showing the costs incurred by
CAP AI in participating in this proceeding. The costs and fees incurred by CAP AI in this
matter are reasonable. CAP AI was a very active participant in this proceeding from the
outset.
CAP AI PETITION FOR INTERVENOR FUNDING
CAP AI has never appeared before this Commission and relied heavily, therefore
on its consultant and attorney for both legal and substantive counsel. CAP AI originally
retained Michael Karp as its expert witness on technical and policy issues. As stated in
the Affidavit of Michael Karp, filed contemporaneously herewith, because of
commitments he made that took him out ofthe country at the time of the hearing, he was
unable to attend the hearing.
The process of selecting the various filing deadlines and hearing date at the
prehearing conference was challenging to all parties. The compressed time frame the
parties were operating under resulted in little or no "wiggle room" in the schedule. Once
the schedule had been agreed upon and adopted by the Commission, and once CAP AI
realized that Mr. Karp would be unavailable during the hearing, CAP AI did not believe it
appropriate to attempt to disrupt the schedule by asking that the hearing date be
rescheduled so that Mr. Karp could attend as a witness.
As characterized in his affidavit, Mr. Karp was, in essence, a witness
abstentia.Both his affidavit and those ofTeri Ottens and Ken Robinette demonstrate
that Mr. Karp was critical in assisting CAP AI establish policy and technical positions and
in assisting Ms. Ottens and Mr. Robinette in preparing their testimonies.
In summary, the costs and fees incurred by CAP AI were reasonable.
(04) Explanation of Cost Statement
As explained in the Affidavit ofTeri Ottens, the costs incurred by CAP AI
constitute a significant fmancial hardship for that intervenor. CAP AI is a non-profit
corporation overseeing a number of agencies who fight the causes and conditions of
CAP AI PETITION FOR INTERVENOR FUNDING
poverty throughout Idaho. CAP AI operates on a very limited funding basis. The cost to
CAP AI of participating in this proceeding constitutes a significant financial hardship.
No other intervenor in this proceeding represented, exclusively, the interests of
the residential class, particularly the low-income sector of that class. CAP AI raised
issues, and represented the interests of, the general body ofldaho Power s ratepayers.
For example, the LIW A program for which CAP AI seeks increased funding reduces the
consumption of electricity during Idaho Power s summer peak season helping to defer the
acquisition of marginally-priced resources and provides other system-wide benefits
including the reduction of bad debt and arrearages. CAP AI is a non-profit entity lacking
a substantial, reliable source of income or funding.
(05) Statement of Difference
While there might have been mutual concern expressed by Staff and CAP AI on
several issues, their respective positions and recommendations ultimately differed in
several important respects. Staff took essentially no position on LIW A funding. CAP AI
was the only party to this proceeding to do so. Also, though they both agreed that Idaho
Power s monthly minimum charge should not increase to $10., Staff conceded that an
increase to slightly more than $4 could be justified. CAP AI recommended that the
charge remain at its existing level.
(06) Statement of Recommendation
CAP AI's participation in this case addressed issues of concern to the general body
of ratepayers. The problems facing Idaho Power s low-income customers are societal
problems that affect us all. Specific to Idaho Power s other ratepayers, as Teri Ottens
testified, when low-income customers cannot pay their electric bills, the Company incurs
CAP AI PETITION FOR INTERVENOR FUNDING
increased collection and associated costs as well as the write-off of uncollectible
accounts. These are costs that are passed on to all ratepayers. If low-income customers
are enabled to lower their electric bills through a Company-funded weatherization
program, this decreases the likelihood that they will be unable to pay their bills and
consequently, the Company avoids incurring the aforementioned costs.
Furthermore, because LIW A is a DSM program, it represents a resource to the
Company. It is in the best interests ofldaho Power s ratepayers for the Company to have
a healthy diversity of resources. By promoting the conservation of electricity
consumption, the Company is able to defer the acquisition of new, marginally higher
cost, resources.
Though a final Order has not yet been issued, CAP AI's participation in this case
contributed materially toward shaping the scope, and focus of the issues and evidence
presented to the Commission and, thus, the ultimate outcome of this proceeding, by
offering a perspective not offered by any other party.
(07) Statement Showing Class of Customer
To the extent that CAP AI represented a specific Idaho Power customer class, it is
the residential class.
RESPECTFULL Y SUBMITTED, this 26th day of April, 2004.
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Brad M. Purdy ,
~ -
CAP AI PETITION FOR INTERVENOR FUNDING
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT, I HAVE THIS 26th DAY OF APRIL, 2004
SERVED THE FOREGOING PETIT ON FOR INTERVENOR FUNDING, IN CASE
NO. IPC-03-, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
Barton 1. Kline
Monica B. Moen
Idaho Power Company
O. Box 70
Boise, ID. 83707
VI u.S. Mail, postage prepaid
t) Hand delivered
() Facsimile
() Overnight mail
John R. Gale
Idaho Power Company
O. Box 70
Boise, ID. 83707
I)i u.S. Mail, postage prepaid
ft1 Hand delivered
() Facsimile
() Overnight mail
Lisa Nordstrom
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington St.
Boise, ID. 83702
1X1 u.S. Mail, postage prepaid
() Hand delivered
() Facsimile
() Overnight mail
Peter J. Richardson
Richardson & O'Leary
99 East State Street, Suite 200
O. Box 1849
Eagle, ID. 83616
'IxI' U.S. Mail, postage prepaid
() Hand delivered
() Facsimile
() Overnight mail
Don Reading
Ben Johnson Associates
6070 Hill Rd.
Boise, ID. 83703
l'l u.S. Mail , postage prepaid
() Hand delivered
() Facsimile
() Overnight mail
Randall C. Budge
Racine, Olson, Nye, Budge & Bailey
201 E. Center
Pocatello, ID. 83204
M' u.S. Mai~, postage prepaid
() Hand delIvered
() Facsimile
() Overnight mail
M U.S. Mail, postage prepaid
() Hand delivered
() Facsimile
() Overnight mail
Anthony Yanke I
29814 Lake Road
Bay Village, OH. 44140
CAP AI PETITION FOR INTERVENOR FUNDING
Lawrence A. Gollomp
1000 Independence Ave., SW
Washington, D.C. 20585
M U.S. Mail, postage prepaid
() Overnight mail
() Hand delivered
() Facsimile
Dennis Goins
Potomac Management Group
5801 Westchester St.
Alexandria, VA 22310-1149
M u.S. Mail, postage prepaid
() Hand delivered
() Facsimile
() Overnight mail
Dean J. Miller
O. Box 2564
Boise, ID. 83701
!Xl U.S. Mail, postage prepaid
() Hand delivered
() Facsimile
() Overnight mail
Jeremiah J. Healey
O. Box 190420
Boise, ID. 83719-0420
M u.S. Mail, postage prepaid
t) Hand delivered
() Facsimile
() Overnight mail
William M. Eddie
O. Box 1612
Boise, ID. 83701
u.S. Mail, postage prepaid
-1) Hand delivered
() Facsimile
() Overnight mail
Nancy Hirsch
219 First Ave. South, Suite 100
Seattle, W A. 98104
r)( u.S. Mail, postage prepaid
t) Hand delivered
() Facsimile
() Overnight mail
Conley E. Ward
601 W. Bannock St.
Boise, ID. 83702
,M u.S. Mail, postage prepaid
() Hand delivered
() Facsimile
() Overnight mail
Dennis Pesau
1500 Liberty St., Suite 250
Salem, OR. 97302
M u.S. Mail, postage prepaid
f) Hand delivered
() Facsimile
() Overnight mail
Michael 1. Kurtz
Kurt J. Boehm
Boehm, Kurtz & Lowry
36 E. Seventh St., Suite 2110
(\lfU.S. Mail, postage prepaid
(1 Hand delivered
() Facsimile
() Overnight mail
CAP AI PETITION FOR INTERVENOR FUNDING
Cincirmati, OH 45202
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~r=Brad M. Purdy '
CAP AI PETITION FOR INTERVENOR FUNDING
EXHIBIT "
ITEMIZED EXPENSES
Costs:
Photocopies
Mileage (Ken Robinette-hearing:
Telephone conferencing costs
Postage
Total Costs
240 miles (gJ $0.25)
Fees:
Legal
Expert
(Brad M. Purdy 170.00 hours (gJ $85/hr.
(Michael Karp-contract fee)
Total Fees
Total Expenses
I This is a discounted "public interest" rate.
CAP AI PETITION FOR INTERVENOR FUNDING
$238.
$60.
$333.
$211.58
$843.
$14 450.
000.
$20,450.
$21 293.
CEIVED
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Brad M. Purdy
Attorney at Law
Bar No. 3472
2019 N. 17th St.
Boise, ID. 83702
[phone]
FAX: [phone]
bmpurdy(Q?hotmail.com
Attorney for Petitioner
Community Action Partnership
Association of Idaho and
American Association of
Retired Persons.
rDut! r\Pl~ 26 Pii 3: L13
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR AUTHORITY)
TO INCREASE ITS INTERIM AND BASE
RATES AND CHARGES FOR ELECTRIC SERVICE
CASE NO. IPC-O3-
AFFIDAVIT OF TERI
OTTENS
STATE OF IDAHO
) ss.
County of Ada
Teri Ottens, being first duly sworn upon oath, deposes and says as follows:
That I am the Executive Director of the Community Action Partnership
Association of Idaho (CAP AI) and provided testimony before the Public
Utilities Commission concerning the need oflow income customers ofldaho
Power.
That CAP AI is a non-profit corporation, created by the Federal Economic
Opportunity Act of 1964, whose mission is to serve low-income families
throughout Idaho. The majority of our operational funding is dependent
upon federal grant funds that are designated to specific purposes and
programs. Our total annual budget for the office operation is $65 000 and
includes staffing and operational expenses. The cost of participating in this
proceeding constitutes a financial hardship given the lack of other
discretionary funding.
That CAP AI originally hired Michael Karp to provide assistance
developing testimony and to act as an expert witness. He provided
consulting services to CAP AI based upon his expertise in low income energy
issues and alternatives and also provided critical guidance to me in preparing
my testimony.
That Mr. Karp was compensated for his critical work in assisting CAP AI to
prepare its position.
FURTHER your affiant saith not.
DATED this 26th day of April, 2004.
CJtf- a/v1
TERI OTTENS
SUBSCRIBED AND SWORN TO before me this day of April, 2004.
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Brad M. Purdy
Attorney at Law
Bar No. 3472
2019 N. 1 ih St.
Boise, ID. 83702
[phone]
FAX: [phone]
bmpurdy(gJhotmail.com
Attorney for Petitioner
Community Action Partnership
Association of Idaho and
American Association of
Retired Persons.
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HiUTIES CD iSS!O1,
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR AUTHORITY)
TO INCREASE ITS INTERIM AND BASE
RATES AND CHARGES FOR ELECTRIC SERVICE
CASE NO. IPC-O3-
AFFIDAVIT OF Ken
Robinette
STATE OF IDAHO
) ss.
County of Twin Falls
Ken Robinette, being first duly sworn upon oath, deposes and says as follows:
That I am the Executive Director ofthe South Central Community Action
Partnership (SCCAP) and provided testimony before the Public Utilities
Commission concerning the weatherization program needs in Idaho Power
service territory on behalf of the Community Action Partnership Association
ofldaho (CAP AI).
That CAP AI originally hired Michael Karp to provide assistance in
developing testimony and to act as an expert witness in areas of
weatherization and low income needs. Mr. Karp provided valuable input to
me in formulating my testimony concerning the weatherization program that
I presented before the PUc.
That after CAP AI determined our final testimony needs, we decided that it
would be an unnecessary expense to bring Mr. Karp to Boise.
That Mr. Karp was compensated for his critical work in assisting CAP AI and
myself in preparing our testimony.
FURTHER your affiant saith not.
DATED this 22nd day of April, 2004.
J J. Robinette
SUBSCRIBED AND SWORN TO before me this 22nd day of April, 2004.
NOTARY PUBLIC Residing at Twin Falls
STATE OF IDAHO """'.'~,.r~"'J1.~~N~'.~If'..~Twm Falls County
My Commission expires /2/;; /tJ~
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Brad M. Purdy
Attorney at Law
Bar No. 3472
2019 N. 17th St.
Boise, ID. 83702
[phone]
FAX: [phone]
bmpurdy ((fthotmail, com
Attorney for Petitioner
Community Action Partnership
Association of Idaho and
American Association of
Retired Persons.
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR AUTHORITY)
TO INCREASE ITS INTERIM AND BASE
RATES AND CHARGES FOR ELECTRIC SERVICE
CASE NO. IPC-O3-
AFFIDA VIT OF
MICHAEL KARP
ST ATE OF WASHINGTON
) ss.
County of WHAT COM
MICHAEL KARP, being first duly sworn upon oath, deposes and says as follows:
That I am the consultant for the Community Action Partnership ofIdaho and
I was retained in October of 2003 to provide energy expert testimony and support services to
CAP AI. This work entailed strategically leading CAP AI on new and/or improved program
design and funding levels for low-income weatherization that would be rate based for Idaho
Power. The work I did consisted of leading the CAP AI team in strategy, drafting testimony
for Ken Robinette and Teri Ottens, and technical assistance in this docket. Work included
reviewing other parties materials, research and preparation, conference calls, assisting the
CAP AI attorney with discovery, rebuttal, settlement strategies, etc. My role in this case was
deemed integral by CAP AI. Due to prior conflicts out of the country that arose prior to
scheduling of testimony in this case I switched over from providing direct testimony to
supporting the testimony of the CAP AI witnesses and assisting the attorney. I was in effect
a witness in abstentia. The amount invoiced to CAP AI for this work was $6 000, based on
70.5 hours at $85 hr.
FURTHER your affiant saith not.
DATED this 23 day of April, 2004.
Michael Karp
SUBSCRIBED AND SWORN TO before me this 23 day of April, 2004.