20090601Petition to Intervene.pdf

RFr'¡::¡Î ,; ''''' '"", b. 1Brad M. Purdy
Attorney at Law
BarNo. 3472
2019 N. 17th St.
Boise,ID. 83702
[phone] (Land)
[phone] (Fax)
bmpurdy(ihotmail.com
Attorney for Petitioner
Communty Action Parership
Association of Idaho
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPAN'S APPLICATION FORA
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR
THE LANGLEY GULCH POWER PLANT
CASE NO. IPC-E-09-03)
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COMMUITY ACTION P ARTNER-
SHIP ASSOCIATION OF IDAHO'S
LATE FILED PETITION FOR
INTERVENTION
COMES NOW, Communty Action Parership Association ofIdaho (hereinafter
"CAPAI" or "Intervenor") and, pursuat to Riles 071-075 of the Commssion's Riles of
Practice and Procedure, IDAP A 31.01.01.071-075, hereby petitions the Commssion for leave to
intervene in this proceeding and to appear and participate with full pary's nghts. In support of
ths Petition, CAP AI states as follows:
1. The address and name of the Petitioner is:
Communty Action Parership Association of Idaho
5400 W. Franin Rd., Suite G
Boise,ID. 83705
2. Ths Intervenor will be represented in this proceeding by, and pleadings and other
correspondence need only be sent to:
Brad M. Purdy
Attorney at Law
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2019 N. 17th St.
Boise, ID. 83702
208-384-1299
FAX: [phone]
Email: bmpurdy(ihotmail.com
3. CAP AI is a non-profit corporation consisting of six communty action agencies servng
every county in Idao and also includes, among others, the statewide Communty Council of
Idaho (formerly the Idaho Migrt Council) and fights the causes and conditions of povert
through building the capacity and effectiveness of its members who have a direct and substatial
interest in ths proceeding. These causes and conditions of povert include high utilty costs for
Idaho Power's low income rate payers. Low income famlies pay a higher percentage of their
income for utilty expenses than those in other economic categones. These conditions ar often
caused by living in sub-stadad or older housing tha is not energy efficient. CAP AI is the only
par who tyically intervenes in proceedings before the Commission; specifically representig
public utilities' low-income customers. Consequently, it is fair to say that CAPAI has filled an
importt role that long stood vacant. CAP AI believes that it fufills an importt role in ths,
and simlar proceedings, and without the opportty to paricipate as a par in this proceeding,
would be unable to fulfill that role.
4. CAP AI respectfuly requests the nght to participate in this proceeding as a par and
introduce testimony and exhbits, cross-exae other witnesses, engage in oral argument, fie
comments, and otherse fully parcipate as a par.
5. Pursuat to Commission Notice, the intervention deadline for ths case was scheduled for
Apnl i, 2009. CAP AI offers the following reason for its late fied Petition. Ths case was fied
on the heals of the 2009 legislative session durg which CAP AI devoted the vast majonty of its
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available time and resources in an attempt to seek the passage of low-income bil payment
legislation, as promoted by ths Commission in Order No. 30724, Case NO.GNR-U-08-01. In
addition, CAPAI ha recently been and is a pary to the most recent AVISTA and Rocky
Mounta Power rate cases.
Due to budgeta constrints, CAP AI did not timely fie a Petition to Intervene in ths
case pursuat to the Commission's Notice of Scheduling. CAPAI is now able to become
involved and, upon analysis of the Application in ths cas, the rate basing treatment tht Idao
Power seeks, the signficant rate impact that the Langley Gulch plant will have, and, fmally, the
fact that low-income customers do not have a voice in ths case, CAP AI believes it appropnate to
seek intervention. CAP AI consistently stnves to meet all Commssion established deadlines in
every case CAP AI is a par to. CAP AI fully recognzes the degree to which ths Petition is
untimely but submits that if it were allowed intervenor sttu, it woild not unduly broaden the
scope of the case or cause unair prejudice to the Company or any other part. Furherore,
CAP AI offers the assurance that it wil not fie any motions or seek any relief from the
Commission that would resilt in backtacking or staling of the progress of this case. CAP AI
also assures the Commission that, if granted intervention, it wil stnctly adere to all futue
deadlines.
WHEREFORE, the Communty Action Parnership Association of Idao hereby requests that
this Commission grant its Petition to Intervene in ths proceeding and to fully appear and
paricipate as a pary with all the attendat nghts and responsibilties. CAP AI appreciates the
Commission's consideration of this Petition.
DATED, this 1st day of June, 2009.
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Brad M. Pudy 0
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CERTIFICATE OF SERVICE
I hereby represent that on the 1st day of June, 2009, it has served the foregoing Petition to
Intervene on the following paries via U.S. Postage and by electronic mail (where available).
Baron L. Kline
Lisa D. Nordstrom
Idaho Power Company
POBox 70
Boise,ID 83707-0070
Scott Woodbur
Deputy Attorney General
Idao Public Utilties Commission
PO Box 83720-0074
Peter J. Richadson
Richardson & O'Lear
515 N. 27th St.
Boise,ID 83702
Don Reading
6070 Hil Road
Boise, ID 83703
Dean J. Miler
McDevitt & Miler LLP
PO Box 2564
Boise,ID 83701
Wiliam Borders
One South Wacker Dr., Suite 1900
Chicago, IL 60606
Enc L. Olsen
Raine, Olson, et al
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201 E. Center
POBox 1391
Pocatello,ID 83204-1391
Anthony Yanel
29814 Lake Road
Bay Vilage, OH 44140
Ken Miler
Snake River Allance
PO Box 1731
Boise, ID 83701
Betsy Bndge
Idaho Conservation League
710 N. Sixth St.
POBox 844
Boise,ID 83701
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