20061114Application for intervenor funding.pdf

Law Office of William M. Eddie
610 SW Alder St. Suite 910
Portland, OR 97205
Ph: 503-542-5245
Fax: [phone]
Cell: 208-484-7908
Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
427 W. Washington St.
Boise, ID 83702-5983
Re: IPC-O6-
Dear Ms. Jewell:
November 9 2006
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Please find enclosed for filing an original and seven (7) coppies ofNW ENERGY
COALITION'S APPLICATION FOR INTERVENOR FUNDING. I have included a
cover page of this document to be conformed and returned to me.
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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UTILITIES COMr~ql::;S!Ot'!
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
IDAHO POWER COMPANY FOR
MODIFICATION OF THE LOAD GROWTH
ADJUSTMENT FACTOR WITHIN THE POWER)
COST ADJUSTMENT (PCA) METHODOLOGY
CASE NO.IPC- E-06-
APPLICATION FOR INTERVENOR FUNDING
Pursuant to Idaho Code ~ 61-617A and Rules of Procedure 161 through 165, NW Energy
Coalition hereby applies for intervenor funding in this matter in the amount of $6 646.85. 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. The Coalition s witness Steven Weiss presented policy discussion and proposed
solutions in this docket which were unique among all parties.
APPLICATION FOR INTERVENOR FUNDING --
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). 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 attorney fees for William M. Eddie (the undersigned) in the amount
of$6 180.00. This amount reflects 41.2 hours at $150 per hour. Mr. Eddie s itemized hourly
records are attached hereto as Exhibit 1.
In addition, the Coalition incurred the following costs:
Travel costs:
-- Airfare for Messrs. Weiss and Eddie: $411.20
-- Ground transport and miscellaneous travel costs: $55.
Costs related to the time expended by Coalition employee Steven Weiss in preparing and
presenting his testimony and working with counsel are waived for purposes of this application.
addition, the Coalition incurred other minor copying, postal, and telecommunication expenses
which are waived for purposes of this application.
Total Fees and Costs Requested: $ 6.646.
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
APPLICATION FOR INTERVENOR FUNDING -- 2
the costs of intervention constituted a significant hardship for
intervenors. NW Energy Coalition addressed issues of concern to the
general body of Idaho Power customers. Intervenor funding in the
amount $6 646.85 is awarded to NW Energy Coalition.
Statement showing costs are reasonabl~.
The costs for which recovery is requested are reasonable.F or attorney fees, NW
Energy Coalition seeks recovery at an hourly rate of$l50 per hour for Mr. Eddie s time.
The Coalition submits this rate is commensurate with or below rates charged by other Boise-
based 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
41.2 hours of his time, for a total attorney fee amount of$6 180.00. 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
APPLICA TION FOR INTERVENOR FUNDING -- 3
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)
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 Commission
Staff s with respect to both discussion of issues and specific recommendations. The Coalition
witness Steven Weiss presented a unique policy discussion and recommendations to the
Commission which differed substantially from Staffs testimony and the testimony of all other
parties. The Coalition recommended the Commission adopt a load growth adjustment for the
PCA which, as part of an overall rate design, would make Idaho Power Company neutral to load
growth.
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.
1/
APPLICATION FOR INTERVENOR FUNDING -- 4
CONCLUSION
The Coalition respectfully requests that the foregoing Application for Award of
Intervenor Funding be granted, and that Idaho Power pay $6 646.85 directly to Advocates for the
West as counsel for the Coalition for proper distribution.
Dated: November
f,
2006 Respectfully submitted
-----
William M. Eddie
On behalf ofNW Energy Coalition
APPLICATION FOR INTERVENOR FUNDING -- 5
CERTIFICATE OF SERVICE
I hereby certify that on this 9th day of November 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
Lawrence Gollomp
Assistant General Counsel
S. Dept. of Energy
1000 Independence Ave., SW
Washington, DC 20585
Dale Swan
Exeter Assoc., Inc.
5565 Sterret Place, Suite 310
Columbia, MD 21044
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APPLICATION FOR INTERVENOR FUNDING -- 6
Hours Expended by William M. Eddie
IPC-O6-08 Matter
5/16/2006 review filings in load growth adjustment and
related cases; tc w/ RCavanagh, AChang;
IPC re: same
5/23/2006 emails w/ NRDC and NWEC re: intervention
and case status
5/30/2006 prepare and attn re: filing intervention petition;
email w/ N.Hirsh re: same
6/29/2006 teleconf w/ S.Weiss, N.Hirsh et al re: LGA
case strategy
7/6/2006 tc w/ RCavanagh re: LGA case, decoupling
status
7/14/2006 review filing and PCA orders and methodology;
draft memo to NWEC on issues strategy
7/19/2006 draft memo to NWEC on strategy and status
background and issues
7/20/2006 draft memo to NWEC on strategy and status
background and issues; draft email toNWEC
re: same
8/7/2006 draft production requests and review ICIP
requests; email to NWEC staff re: same
9/1/2006 draft update email to NWEC, proposed
testimon
9/8/2006 tc w/ S.Weiss re: testimony, process
9/11/2006 draft questions for S.Weiss testimony
9/12/2006 review and edit S.Weiss testimony; revise and
draft questions on same and email to S.Weiss
re:same
9/14/2006 review and edit S.Weiss testimony; tc w/
Weiss re: same; review ICIP testimony
9/15/2006 tcs w/ S.Weiss re: testimony; edit and review;
attn re: finalizing and filing (coordinate
w/L. Eijckelhof
9/19/2006 draft change of address notice and attn re: file
and serve
9/28/2006 review Hessing testimony and all discovery
responses; draft second production requests
to IPC; email to S.Weiss re: lPG's request to
NWEC and outline response on same; tc w/
Weiss re: response to IPC request
9/29/2006 finalize and attn re: mailing NWEC's response
to IPC prod and NWEC's second prod
requests to IPC; email to all counsel re: same
EXHIBIT
:II
10/5/2006 tcs w/ RCavanagh, S.Weiss re: testimony,
status , interactionw/ decoupling case; email to
RGaie re: same
10/9/2006 review Weiss testimony; tc w/ RGaie re:
same; draft email to S.Weiss re: conversation
w/ RGale; tc w/ S.Weiss re: same
10/17/2006 tc w/ RGaie and 8.Kline re: status of FCA
LGA matters
10/18/2006 review and edit S.Weiss rebuttal
10/19/2006 review and edit S.Weiss rebuttal; tc w/
Weiss re: same
10/20/2006 finalize testimony and attn re: filing
10/23/2006 review Said rebuttal
10/27/2006 tc w/ S.Weiss re: cross, upcoming hearing;
review Said Rebuttal and exhibits; review
Weiss notes re: same
10/29/2006 prep for hearing; tc w/ S.Weiss re:same; travel
to 801 for same
10/30/2006 prep for and attend hearing at PUG; confs w/
Weiss re: same
Total =
0.4
41.