20031125Petition to Intervene.pdf

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BEFORE THE IDAHO PUBLIC UTILITIES coMili(is~($S5 Al'110= f g
In The Matter Of The Application Of
Idaho Power Company For Authority
To Increase Its Interim And Base Rates
And Charges For Electric Service
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Case No. IPC-
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PETITION FOR LEAVE TO INTERVENE OF KROGER CO.
Pursuant to the Idaho Administrative Code 31.01.01-071 through .073, the Kroger Co.
Kroger ) petitions to intervene in the above captioned proceeding. In support, Petitioner states as
follows:
Name and Addresses of Petitioner
The Kroger Co.
1014 Vine Street, 0-
Cincinnati, Ohio 45202
Name and Address of Attorneys Representine: Petitioner
Michael L. Kurtz, Esq.
Kurt 1. Boehm, Esq.
BOEHM, KURTZ & LOWRY
36 East Seventh Street, Suite 2110
Cincinnati, Ohio 45202
Telephone: [phone] Facsimile:
E-mail: mkurtzlaw~aol.com
513-421-2764
Petitioner s Interest in this Proceedine:
Kroger is a corporation engaged in the business of selling groceries at retail throughout the
United States.One of the largest retail food companies in the United States, Kroger operates
approximately 11 grocery stores and other facilities in the state of Idaho. These stores purchase more
than 30 million kWh of electricity from the Company annually. Petitioner is one of the largest
commercial customers served by the Company. The grocery stores operated by Kroger are high load
factor facilities that use energy for food storage, lighting, heating, cooling and distribution, often on a 24
hour a day, 7 day a week basis. If the Company s application is granted, then the cost for electric power
service to Petitioner could be substantially impacted. Accordingly, Petitioner has a substantial and vital
interest in the outcome of this proceeding which cannot be adequately represented by any other party.
Evidence to be Presented:
Kroger intends to present evidence related to revenue requirements, rate design and revenue
allocation.
Kroe:er Has A Substantial Reason For Its Delayed Petition:
Kroger was not able to timely respond to Idaho Power s Application due to internal uncertainty
as to whether the potential benefits of intervening in the above-captioned matter justified the costs.
Only after careful review of Idaho Power s Application and its potential effect on Kroger s power costs
did it become clear that it is in Kroger s best interest to intervene in this case.
Kroger believes that its intervention will not prejudice any of the parties to this matter or
otherwise delay this matter. Kroger accepts the record as it stands.
WHEREFORE, for the reasons set forth above, Petitioner requests that this Petition to Intervene
be granted.
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DATED this day of November, 2003.
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Michael L. Kurtz, Esq.
Kurt J. Boehm, Esq.
BOEHM, KURTZ & LOWRY
36 East Seventh Street, Suite 2110
Cincinnati, Ohio 45202
Ph: 513-421-2255
Fax: [phone]
e-mail: mkurtzlaw~ao1.com
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