20040426Intervenor Funding.pdf

William M. Eddie (ISB# 5800)
ADVOCATES FOR THE WEST
O. Box 1612
Boise, ID 83701
[phone]
fax: [phone]
billeddieCfYnnci.net
i~LE:VEO 1,:1
i~PR 26 P!! li: 43
JT!L \I\E:.SClJ c"SIOH
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
AUTHORITY TO INCREASE ITS INTERIM
AND BASE RATES AND CHARGES FOR
ELECTRIC SERVICE
CASE NO.IPC-03-
APPLICATION FOR INTERVENOR FUNDING
Pursuant to Idaho Code ~ 61-617 A and Rules of Procedure 161 through 165, NW Energy
Coalition hereby applies for intervenor funding in this matter in the amount of$11 512.30. This
application is supported by the following Supporting Points and Authorities.
SUPPORTING POINTS AND AUTHORITIES
An award of intervenor funding in this matter is warranted under the criteria in Rule of
Procedure 165. Intervenor is a non-profit organization whose ability to participate in
Commission proceedings in a meaningful way is limited by their modest staff and financial
resources.
NW ENERGY COALITION'S APPLICATION FOR INTERVENOR FUNDING -- /t::ft:tJ!j r~"""J
"",j- , ..: -- ,;':' ,""
Intervenor s involvement in this case contributed materially to the Commission
deliberations. Intervenor, through the direct testimony of Ralph Cavanagh, presented a unique
proposal to remove disincentives for Idaho Power to invest in energy efficiency programs and
distributed generation. Through the direct and rebuttal testimony of Nancy Hirsh, Intervenor
also presented an in-depth analysis of the fixed customer charge issue, and contributed additional
analysis on low-income and rate design issues.
Intervenor s filings differed materially from those submitted by Commission Staff in
numerous respects, as discussed in detail below. The issues addressed by Intervenor are of
concern to the general body of Idaho Power customers. The following information and
statements fulfill the requirements of Rule of Procedure 162, and demonstrate that an award of
intervenor funding is warranted:
Itemized list of expenses.
Intervenors incurred the following expenses in this matter:
Attorney fees for William M. Eddie in the amount of$10 197.00.
This amount reflects 92.7 hours at $110 per hour. This rate is below the range of rates
charged by other attorneys of similar experience practicing in a specialized area of law.
other natural resources matters, Mr. Eddie typically bills his time at $150 per hour and
higher.
Copying expenses totaling $253.10.
Travel expenses (air fare and related costs) totaling $809.20 for witnesses
Cavanagh and Hirsh.
Transcript costs of $253.00.
NW ENERGY COALITION'S APPLICATION FOR INTERVENOR FUNDING -- 2
No funding is sought for the expert services of witnesses Ralph Cavanagh and Nancy
Hirsh, apart from travel expenses.
Subtotal of costs (exclusive of attorney fees): $1,315.30.
Total Fees and Costs: $ 11.512.
Statement of proposed findings.
Intervenor proposes the Commission adopt the following finding with respect to this
Application:
NW Energy Coalition s presentation of witnesses and participation at
hearing materially contributed to Commission s decision in this matter
with respect to (a) whether to initiate further proceedings examining a
fixed-cost recovery true up mechanism for Idaho Power Company; (b)
whether to increase the amount of fixed service charges for residential
customers; (c) rate design issues for the residential class; and (d)
mitigation of financial hardship for fixed- and low-income customers.
We find that NW Energy Coalition s requested award of attorney fees
and costs are reasonable in amount, and that the costs of intervention
constituted a significant hardship for intervenors. NW Energy
Coalition s recommendations and presentations in this matter differed
materially from the testimony and exhibits presented by Staffwith
respect to each of the issues listed above. NW Energy Coalition
addressed issues of concern both to the general body of Idaho Power
customers, and to the residential class of customers.
Statement showing costs are reasonable.
NW ENERGY COALITION'S APPLICATION FOR INTERVENOR FUNDING -- 3
The costs for which recovery is requested are reasonable. First, with respect to
attorney fees, Intervenor seeks recovery at an hourly rate of $110 per hour for Mr.
Eddie s time. This rate is below the range of rates charged by other attorneys of similar
experience practicing in a specialized area of law. Several years ago, the Commission
granted intervenor funding for Mr. Eddie s time at a slightly lower rate. See Order Nos.
28894 and 28756. In other natural resources matters, Mr. Eddie typically bills his time at
$150 per hour and higher.
Mr. Eddie carefully reviewed his time sheets in this case and heavily redacted hours
that were arguably duplicative or otherwise unnecessary. Mr. Eddie expended a total
141.4 hours in this matter, but after redactions, NW Energy Coalition is seeking
compensation for only 92.7 hours of his time. Thus NW Energy Coalition seeks an attorney
fee recovery of$1O 197.00 for Mr. Eddie s time. These hours were reasonably necessary
for Intervenor s participation in this matter. Timesheets can be provided upon request.
Copying expenses are charged at five cents (5~) per page, which is below amounts
charged by private print shops. Receipts for Mr. Cavanagh's and Ms. Hirsh's travel costs, as
well as for transcript costs, can be provided upon request.
Explanation of cost statement.
Payment of the requested costs would constitute a financial hardship for Intervenor.
Intervenor is a non-profit organization with an annual budget of approximately $660 000. With
these limited resources to pay the salaries of eleven (11) staff members, plus overhead
Intervenor seeks to influence energy policy decisions in the four (4) northwest states through
participation at state, regional (e.
g.
Bonneville Power Administration) and national venues. NW
NW ENERGY COALITION'S APPLICATION FOR INTERVENOR FUNDING -- 4
Energy Coalition would not be able to pay the attorney fees and other costs incurred in this
matter without suffering financial hardship.
Statement of difference.
Intervenor s participation in this matter differed materially from Commission Staffs with
respect to both discussion of issues and specific recommendations.
First, Intervenor presented a proposal for the Commission to investigate the
implementation of a fixed-cost recovery true up mechanism in order to remove disincentives for
Idaho Power to invest in energy efficiency and distributed generation. This recommendation was
totally unique among all parties to the case.
Second, Intervenor presented an in-depth discussion of the fixed service charge issue
including through analysis of relevant literature and studies, independent analysis of the policy
considerations surrounding this issue, and comparison to decisions in other jurisdictions and
recommendations by staff in other jurisdictions. Intervenor also analyzed the impact ofthe
proposed fixed charge to low income customers. This issue was addressed by Staff relatively
briefly by comparison.
Third, in concert with the Community Action Partnership of Idaho, NW Energy Coalition
advocated for increased weatherization assistance funding for low-income customers. This
issue was only briefly addressed by Staff.
Statement of recommendation.
The recommendations reflected in the testimony of Ralph Cavanagh in this matter are of
concern to the general body ofldaho Power customers. Mr. Cavanagh's recommendations were
not class-specific. If adopted, Mr. Cavanagh's policy recommendations would likely contribute
NW ENERGY COALITION'S APPLICATION FOR INTERVENOR FUNDING -- 5
to increased investment in energy efficiency and distributed generation, to the benefit of all
customers.
The recommendations of Nancy Hirsh were more particularly of concern to the
residential class.
Statement of class.
As noted above, Intervenor s participation concerned the general body of rate payers and
the residential class in particular. NW Energy Coalition s membership includes individuals
organizations such as Idaho Rivers United and Idaho Rural Council, as well as utilities in the
Northwest, and thus represents interests applicable to the general body of rate payers.
CONCLUSION
Intervenor respectfully requests that the foregoing Application for Award of Intervenor
Funding be granted, and that $11 512.30 be paid to Advocates for the West, attorneys for
Intervenor.
Dated: April 26, 2004 ~esp y submitted
William M. Eddie
Advocates for the West
On behalf ofNW Energy Coalition
NW ENERGY COALITION'S APPLICATION FOR INTERVENOR FUNDING -- 6