20090903final_order_no_30896.pdf

Office of the Secretary
Service Date
September 3, 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATIONOF IDAHO POWER COMPANY FOR
AUTHORITY TO MODIFY ITS RULE H
LINE EXTENSION TARIFF RELATED TO NEW SERVICE ATTACHMENTS AND
DISTRIBUTION LINE INSTALLATIONS.
CASE NO. IPC-08-
ORDER NO. 30896
BACKGROUND
On October 30, 2008 , Idaho Power Company filed an Application with the
Commission seeking authority to modify its Rule H tariff relating to new service attachments and
distribution line installations and alterations. Specifically, the Company sought to increase the
charges for new service attachments, distribution line installations and alterations.
On December 10, 2008, Building Contractors Association of Southwestern Idaho
(BCA) filed a Petition for Intervention. The Commission granted BCA's request on December
, 2008. Order No. 30707. Subsequently, on July 1 , 2009, the Commission issued Order No.
30853 approving Idaho Power Company s request to modify its Rule H tariff addressing charges
for installing or altering distribution lines.
PETITION FOR INTERVENOR FUNDING
On July 13, 2009, BCA filed a request for intervenor funding. BCA acknowledges
that its Petition is untimely, but submits that it was an "inadvertent and unintentional oversight
by its legal counsel with respect to the correct timing for submission of requests for intervenor
funding." Petition at 2. BCA further argues that a determination of whether to accept a late-filed
request for intervenor funding is within the Commission s discretion. Finally, BCA maintains
that neither Idaho Power nor its ratepayers would be prejudiced by the consideration and
granting ofBCA's Petition. BCA requests recovery of$28 386.35 in fees and expenses.
COMMISSION FINDINGS
Idaho Code ~ 61-617 A and Rules 161-165 of the Commission s Rules of Procedure
provide the framework for awards of intervenor funding. Section 61-617 A(1) declares that it is
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.Accordingly, the Commission may order any regulated utility with intrastate
ORDER NO. 30896
annual revenues exceeding $3 500 000 to pay all or a portion of the costs of one or more parties
for legal fees, witness fees and reproduction costs, not to exceed a total for all intervening parties
combined of $40 000.
Commission Rules of Procedure 161 through 165 provide the procedural
requirements for applications for intervenor funding. Rule 164 states that "( u Jnless otherwise
provided by order, an intervenor requesting intervenor funding must apply no later than fourteen
(14) days after the last evidentiary hearing in a proceeding or the deadline for submitting briefs,
proposed orders, or statements of position, whichever is last."
It is undisputed that BCA's Petition for Intervenor Funding does not comply with the
procedural requirements of Rule 164. While Idaho Code ~ 61-617 A vests the Commission with
the discretion to award attorney s fees and costs, Rule 164 clearly requires that an application be
filed "no later than fourteen (14) days after the last evidentiary hearing. . . or deadline for
submitting briefs." As conceded by BCA in its Petition, the 14-day deadline expired on May 15
2009. BCA did not file its request until July 13 , 2009. BCA's request for intervenor funding is
untimely and is, therefore, denied.
ORDER
IT IS HEREBY ORDERED that Building Contractors Association s Petition for
Intervenor Funding is denied as untimely.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
ORDER NO. 30896
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of September 2009.
iL
JI D. KE PTO IDENT
If
MARSHA H. SMITH, COMMISSIONER
~DF NER
ATTEST:
~i.Je D. Jewell
Commission Secretary
O:IPC-O8-22 _ks6 _Intervenor Funding
ORDER NO. 30896