20061227Intervenor funding petition.pdf

Law Office of William M. Eddie
610 SW Alder St. Suite 910
Portland, OR 97205
Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
427 W. Washington St.
Boise, ID 83702-5983
Re: IPC-O4-
Dear Ms. Jewell:
December 21 2006
Ph: 503-542-5245
Fax: [phone]
Cell: 208-484-7908
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Please find enclosed for filing the original and seven (7) copies of the NW Energy
Coalition s APPLICATION FOR INTERVENOR FUNDING. I have included a cover
page of this document to be conformed and returned to me. Thank you for your attention
to this matter.
William M. Eddie
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William M. Eddie (ISB# 5800)
ADVOCATES FOR THE WEST
610 SW Alder St., Suite 910
Portland, OR 97205
Ph: [phone]
Fax: [phone]
bill~eddielawfirm.com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION
OF FINANCIAL DISINCENTIVES TO
INVESTMENT IN ENERGY EFFICIENCY BY
IDAHO POWER COMPANY
CASE NO.IPC- E-04-
APPLICATION FOR INTERVENOR FUNDING
Pursuant to Idaho Code 9 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 $8 342.1 O. 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. The NW Energy Coalition (or "the Coalition ) is a non-profit organization
whose ability to participate in Commission proceedings in a meaningful way is limited by its
modest staff and financial resources.
NW Energy Coalition s involvement in this case contributed materially to the resolution
of this matter, and to the initiation of a separate application by Idaho Power Company. The
Coalition s involvement was a multi-year effort culminating in a Stipulation now pending before
APPLICATION FOR INTERVENOR FUNDING -- 1
the Commission to initiate a pilot decoupling program for Idaho Power Company, as well as a
pending application by the Company to adopt a performance incentive program for one demand-
side management program (IPC-06-32).
The issues addressed this case were of general concern to Idaho Power customers, but
NW Energy Coalition s members primarily take service under Schedules 1 and 7 (residential and
small commercial).
COALITION'S PARTY STATUS IN THIS CASE
Before addressing the requirements of Rule of Procedure 162, the Coalition notes the
somewhat unusual procedural posture of this case. The origins of this case are in Idaho Power
Company s 2003-04 general rate case (IPC-03-13). The Coalition intervened in that case, and
presented testimony of Ralph Cavanagh urging the adoption of a fixed-cost adjustment (or
decoupling ) mechanism to better align the interests of Idaho Power s customers and
shareholders. Mr. Cavanagh also recommended an exploration of performance incentives to
encourage strong performance in demand-side management ("DSM") by Idaho Power Company.
Following hearings in that case, NW Energy Coalition, Idaho Power Company, Commission
Staff, and the Industrial Customers ofIdaho Power entered a "Joint Proposal" committing to
work together to resolve issues raised by Mr. Cavanagh's testimony in a workshop setting.
The Commission decided in Order No. 29505 that such an investigation should go
forward, and specifically ordered: "The parties to the (Joint Proposal) are directed to propose a
workshop schedule and initiate a proceeding.Because the Coalition was responsible for
raising the decoupling and DSM performance incentive issues in the rate case, and because it
wished to initiate the workshops as soon as possible, the Coalition made the compliance filing
required by Order 29505 on June 18, 2004, thereby initiating this docket. Thus, as a technical
APPLICA TION FOR INTERVENOR FUNDING -- 2
matter, the Coalition s party status in this docket in 2004 and 2005 initially was as the petitioner.
The Coalition participated fully in the first round of workshop proceedings, which primarily
were held in late 2004.
Following the Final Report on workshop proceedings filed on February 15 2006, Idaho
Power simulated the impact of decoupling and then filed an Application to establish a fixed-cost
adjustment mechanism on January 30, 2006. The Commission issued a Notice of Application
and Notice of Intervention Deadline on March 6, 2006. The Coalition was granted intervenor
status on March 28 , 2006, and participated in further workshops leading to the Stipulation now
before the Commission. See Order 30004 (granting the Coalition intervention in this docket).
The Coalition requests that the Commission allow recovery of the full amount of
intervenor funding requested herein because (a) the Coalition is an Intervenor in this docket; and
(b) the Coalition s efforts in this docket in 2004 and 2005 were necessary for the achievement of
the Stipulation filed with the Commission on December 18, 2006, and contributed materially to
the Company s application now pending in IPC-06-32. A grant of intervenor funding in this
case is fully consistent with the intent of Idaho Code 9 61-617 A(1): "It is hereby declared the
policy of this state to encourage participation at all stages of all proceedings before the
commission so that all affected customers receive full and fair representation in those
proceedings. "
REQUIREMENTS OF RULES 162 AND 165 ARE MET
The following information and statements fulfill the requirements of Rule of Procedure
162, and demonstrate that an award of intervenor funding is warranted under Rule 165:
Itemized list of expenses.
APPLICATION FOR INTERVENOR FUNDING -- 3
Intervenors incurred attorney fees for William M. Eddie (the undersigned) in the amount
of $8 090.00. This amount reflects 31.6 hours in 2004 and 2005 at $125 per hour ($3 950.00);
and 27.6 hours in 2006 at $150 per hour ($4140.00). Mr. Eddie s itemized hourly records are
attached hereto as Exhibit 1.
In addition, the Coalition incurred the following travel costs for travel on November 18
2006:
-- Airfare for Mr. Eddie: $224.
-- Ground transport: $27.
Costs related to the time expended by Coalition employees Nancy Hirsh, Ken Miller, and
Steven Weiss for participating in and preparing workshops and (for Mr. Weiss) in preparing his
testimony and working with counsel are waived for purposes of this application. In addition, the
Coalition incurred other minor copying, postal, and telecommunication expenses which are
waived for purposes of this application.
Total Fees and Costs Requested: $ 8.342.10.
Statement of proposed findings.
Intervenor proposes the Commission adopt the following finding with respect to this
Application:
NW Energy Coalition s participation in this case materially
contributed to Commission s decision in this matter. We find that NW
Energy Coalition s requested award is reasonable in amount, and that
the costs of intervention constituted a significant hardship for
intervenors. NW Energy Coalition addressed issues of concern to the
APPLICATION FOR INTERVENOR FUNDING -- 4
general body of Idaho Power customers. Intervenor funding in the
amount $8 342.10 is awarded to NW Energy Coalition.
Statement showing costs are reasonable.
The costs for which recovery is requested are reasonable. For attorney fees, NW
Energy Coalition seeks recovery at hourly rates of $125 and $150 per hour for Mr.
Eddie s time. The Coalition submits this rate is commensurate with or below rates charged
by other attorneys of similar experience practicing in a specialized area of law. The
Commission has previously granted intervenor funding for Mr. Eddie s time at somewhat
lower rates. See Order Nos. 28894 28756, and 29505. In Order No. 30035, the
Commission recently approved rates of $175 and $185 per hour for more senior counsel
than Mr. Eddie, as part of an intervenor funding request by the Idaho Irrigation Pumpers
Association. In other litigation matters, Mr. Eddie typically bills his time at $200 per hour
and higher.
Mr. Eddie reviewed his time sheets in this case and redacted hours that were
arguably duplicative or otherwise unnecessary. The Coalition is seeking compensation for
59.2 hours of his time, for a total attorney fee amount of $8090.00. These hours and the
other costs incurred by the Coalition were reasonably necessary for the Coalition
participation in this matter.
Explanation of cost statement.
Payment of the requested costs would constitute a financial hardship for NW Energy
Coalition. The Coalition is a non-profit (IRS 501(c)(3)) organization with an annual budget of
slightly more than $600 000. With these limited resources to pay the salaries of eleven (11) staff
members, plus overhead, the Coalition seeks to influence energy policy decisions in the four (4)
APPLICATION FOR INTERVENOR FUNDING -- 5
northwest states through participation at state, regional (e.
g.
Bonneville Power Administration)
and national venues. NW 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.
NW Energy Coalition s participation in this matter differed materially from all other
parties. The Coalition is largely responsible for this docket's initiation. The Coalition
participated in this docket as a strong proponent for the adoption of an appropriate and balanced
decoupling mechanism, and for a DSM performance incentive for Idaho Power. This is a unique
perspective among the parties, grounded on the Coalition s belief that such measures will help
ensure that least-cost and least-risk resources are acquired for the benefit of customers. The
Coalition also believes that Idaho Power Company should be rewarded for providing excellent
energy service to customers, including by offering robust and successful conserVation programs.
Thus, the Coalition s involvement touched on all issues at stake in this docket. As evidence of
the Coalition s central role in the workshops, the Coalition took the lead role in drafting and
achieving consensus on the joint Final Report on Workshop Proceedings, filed February 15
2005. Although a stipulated decoupling proposal and a thoroughly-vetted DSM performance
incentive are now pending before the Commission, there was considerable debate among the
parties on the merits, design, and details of each. Both the Stipulation presented to the
Commission in this docket, and Idaho Power s application for a DSM performance incentive in
case IPC-06-, include specific provisions for which the Coalition advocated.
The Commission has previously authorized recovery of intervenor funding in cases resolved
via workshops and settlement conferences. See Order 30035 (authorizing $32 742 in intervenor
funding in Idaho Power s 2005 rate case, which was resolved through the Commission s approval
APPLICATION FOR INTERVENOR FUNDING -- 6
of a stipulated settlement); and Order 29868 (authorizing $17 500 in intervenor funding for
workshop proceedings cost of service docket).
6 & 7. Statements of recommendation and class.
NW Energy Coalition s recommendations and positions focused on matters which impact
all utility customers. NW Energy Coalition s membership includes individuals, organizations
such as Idaho Rivers United and Idaho Rural Council, and thus the Coalition most directly
represents the interests of residential and small commercial customers.
CONCLUSION
The Coalition respectfully requests that the foregoing Application for Award of
Intervenor Funding be granted, and that Idaho Power pay $8 342.10 directly to Advocates for the
West as counsel for the Coalition for proper distribution.
Dated: December 21 2006 Respectfully submitted
William M. Eddie
On behalf of NW Energy Coalition
APPLICATION FOR INTERVENOR FUNDING -- 7
CERTIFICATE OF SERVICE
I hereby certify that on this 21 st day of December 2006, true and correct copies of
the foregoing APPLICATION FOR INTERVENOR FUNDING were delivered to the
following persons via U.S. Mail:
Jean Jewell (original + seven copies)
, Idaho Public Utilities Commission
472 W. Washington St.
Boise, ID 83702
Barton Kline
Idaho Power Company
O. Box 70
Boise, ID 83707-0070
Scott Woodbury
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington St.
Boise, ID 83702
Peter Richardson
Richardson & O'Leary
515 N. 2ih St.
Boise, ID 83702
APPLICATION FOR INTERVENOR FUNDING -- 8
Hours Expended by William M. Eddie
IPC-04-
2004 and 2005Date Service
6/6/2004 email to parties re: schedule for wkshops
6/7/2004 tc wi B.Kline re: schedule; draft petition to start
proceeeding
6/8/2004 revise petition
6/9/2004 revise petition; email corresp wi interested parties
6/17/2004 mtg wi RGale, D.Bachrach re; petition etc; tc wi
Richardson re: petition; finalize and attn re: filing
petition
8/10/2004 tc wi E.Hirst re: ppt presentation; review same
8/23/2.Q04 tc wi N.Hirsh , email wi RGaie re workshop; tc wi
Purdy re: same
9/22/2004 tc wi S.Hayman re: next meeting
9/23/2004 tc wi S.Hayman re: next meeting
9/27/2004 prep for and attend workshop
11/30/2004 prep for meeting 12/1; tc wi N.Hirsh re: same
12/112004 prep for and attend mtgs wi RCavanagh and
RGale; attend decoupling workshop
12/6/2004 tc wi RCavanagh re: simulation
12/8/2004 draft simulation strawman; mtg wi RLobb re; next
steps; email corresp wi RCavanagh , N.Hirsh
Hayman re: same
12/11/2004 review IPC pilot proposal
12/13/2004 prep for and attend decoupling wkshop
117/2005 tc wi RCavanagh re: report status
1/26/2005 tc and emails re: delay in report
1/30/2005 draft final report to Commission
1/31/2005 draft final report to Commission; email to
RCavanagh, N.Hirsh re: same
2/112005 revise report; tc and email w/RCavanagh re: same
re: revisions
2/7/2005 review IPC emails on pilot and simulation; email to
RCavanagh re: same
2/8/2005 tc wi RCavanagh re: report; review IPC changes
and email re: same
2/9/2005 revise final report and misc emails re: same
2/10/2005 review recentlPC and staff edits; email re: same
2/11/2005 misc emails and edit report
2/14/2005 finalize report, conf wi Eijckelhof re: filing
3/912005 conf call re: pilot program
Total =
Hours
0.2
0.4
31.
EXHIBIT
Hours Expended by William M. Eddie
IPC-04-
2006Date Service
3/7/2006 review application package
3/17/2006 email and tc w NWEC; draft and attn re: file intervene
petition
5/15/2006 tcs wi RCavanagh , R Gale , RLobb all re: decoupling
vs PCA growth rate
5/16/2006 review filings in decoupling and load growth adjustment
case; tc wi RCavanagh, AChang; IPC re: same
5/17/2006 prep for and attend wkshop; lunch wi AChang
8/31/2006 prep for and attend decoupling settlement conf
9/112006 draft update email to NWEC
9/18/2006 review T.Tatum email and draft email to B.Kline
Woodbury re: status
9/19/2006 draft change of address notice and attn re: file and
serve
9/21/2006 review Staff FCA proposal; email to RCavanagh re:
same; emails re: same to S.Weiss, K.Milier and draft
propsed concepts to modify same
9/27/2006 tc wi S.Weiss re: progress in case; draft NWEC
response to Staff proposal and tc wi K.Milier re: same;
research on energy codes
9/28/2006 modify NWEC response to staff proposal and email to
NWEC re: same; tc wi N.Hirsh re: same
11/3/2006 misc email wi NWEC re: IPC proposal and wi staff re:
next wkshop; arrange travel
11/6/2006 review T.Tatum and LAnderson emails; email to
NWEC re: same; email to T.Tatum, RGaie re: status
of incentive discussion
11/7/2006 tc wi S.Weiss and N.Hirsh re: prep for wkshop; review
file in prep for wkshop
11/8/2006 travel, prep for and attend decoupling wkshop; attend
mtg at IPC re: performance incentive; draft email
update to NWEC staff
11/20/2006 review draft stip and send to NWEC
1214/2006 email wi NWEC staff and IPC re: submission of
testimony?
12/12/2006 review motion re: stip and RGaie draft testimony;
email to NWEC re: same and possible testimony
Hours
0.4
0.2
0.4
1.4
12/13/2006 review and sign motion for approval of stip; email wi
Weiss re: scope of testimony
12/18/2006 review draft testimony from S.Weiss; comment on
same; email to S.Weiss re: same;
12/19/2006 email wi S.Weiss re: final testimony; attn re: filing
same;
Total =
0.4
27.