20090807Intervenor Funding Petition.pdf

Brad M. Purdy
Attorney at Law
2019N. 17th St.
Boise, Idaho 83702
[phone]
Cell: [phone]
Fax: [phone]
RECEIVED
2089 AUG'" 7 PM 3: 06
IDAHO P
UTILITIES CO
August 7, 2009
Ms. Jean Jewell
Commission Secreta
Idaho Public Utilties Commission
472 W. Washington St.
Boise, ID 83702
Re: Case No. IPC-E-09-03 - Application for Intervenor Funding
Dear Ms. Jewell:
Pursuat to a verbal ruling issued by the Commssion at the conclusion of the
evidentiar hearng in the above-identified docket, enclosed for the Commission's
consideration is the original and nine copies of the Application for Intervenor Fundig of
the Communty Action Parnership Association ofIdaho.
Than you for your assistace in this matter.
l3~Bra M. Purdy V )
Brad M. Purdy
Attorney at Law
BarNo. 3472
2019 N. 17th St.
Boise,ID. 83702
[phone] (Land)
[phone] (Fax)
bmpurdy(ßhotmail.com
Attorney for Petitioner
Communty Action Parership
Association of Idaho
RECE r\4_",;f
mU9 AUG .. 1 PH 3= 06
UTI¿l~fiHSO toU&~¡ŠSiON
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
IN THE MATTER OF IDAHO POWER
COMPANY'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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COMMITY ACTION PARTNER-
SHIP ASSOCIATION OF IDAHO'S
APPLICATION FOR INTERVENOR
FUNDING
COMES NOW, Applicant Community Action Parership Association ofIdaho (CAPAI)
and, pursuat to Idaho Code § 61-617 A and Rules 161-165 of the Commission's Rules of
Procedure, IDAPA 31.01.01, petitions this Commission for an award of intervenor fuding.
Rule 161 Requirements
Idaho Power Company is a reguated, electrc public utilty with gross Idaho intrastate,
anual revenues exceeding thee millon, five hundred thousand dollars ($3,500,000.00).
(01) Itemized list of Expenses
Consistent with Rule 162(01) of the Commission's Rules of Procedure, an itemized list of
all expenses incured by CAPAI in this proceeding is attached hereto as Exhbit "A."
(02) Statement of Proposed Findings
The proposed findings and recommendations of CAP AI are set fort in the direct,
prefied testimony ofTeri Ottens. CAPAI initially did not execute the origina Joint Motion to
Stay until it had the opportity to review all fiings, issues, and facts pertinent to the Company's
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Application. Once CAP AI had made a due diligence assessment of the case, it took the position
that the Motion had merit and though ths case presents complicated issues and an extraordinarly
challenging decision for the Commission, the wiser course of action would be to defer a ruing
on the Company's application until additional information has been obtaied. As a result,
CAPAI fied the testimony ofTeri Ottens as a low-income expert to ariculate CAPAls concerns
regarding the risks of makng a prematue decision on the Company's Application and the
harful impact a premature decision would likely have on the Company's low-income
customers. CAP AI executed the Joint Renewed Motion to Stay the application.
Initially, Ms. Ottens testified that the Langley Gulch project would be the largest
generation plant constrcted or acquired by Idao Power in roughly half a centu with long-
term rate implications. Ms. Ottens expressed concern regarding the rate impact that the
acquisition of such a large project (potentially comprising roughy 1/5 of the Company's entire
rate base) would have on low-income customers, paricularly durng the curent difficult
economic times. She questioned whether the Commission presently has suffcient information to
make the determination whether the Langley Gulch project is in the public convenience and
necessity and whether the ratemakng assurances sought by Idao Power are fair, just and
reasonable.
Ms. Ottens elaborated on her concerns about the curent lack of suffcient information to
make a determination on Langley Gulch. In doing so, she pointed out the following facts, among
others. First, Idaho Power's Integrated Resource Plan process was put on deferral at the
Company's request. Ms. Otens pointed out that it is parially through the IRP process that the
very question ofprudency and cost-effectiveness of resources is determined. Completion of the
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IRP process, scheduled roughy for this November, Ms. Otens opines, would provide the type of
information that would greatly assist the Commission in rendering its judgment in ths case.
Ms. Ottens also noted the considerable concern expressed by all non-utilty paries to this
case which is the uncertinty of whether Idaho Power's load forecasting, one of the most critical
pieces of information needed by the Commission, is accurate. Additional data is forthcoming
and a ruing should not be made until the most recent, legitimate load forecast is completed.
In addition, Ms. Otens pointed out that there might be other means of meeting the
Company's load growt that are more cost-effective, and tht don't involve the constrction of a
$247 milion thermal power plant. She noted the recent shareholder resolution pushing the
Company's management to reduce and/or deal with gas emissions as well as the impact of
existing or pending greenhouse gas emissions. Ms. Otens paricularly noted that there exist
more cost-effective, demand side management programs and, thus, potential alternative
resources, than the Company is curently puruing.
Finally, Ms. Ottens conceded that Langley Gulch might conceivably prove to be a cost-
effective and prudent resource, but that there are too many assumptions now, regarding the
viabilty of Langley Gulch, which a relatively short period of time will either prove or refute.
Thus, CAP AI continues to support a ruling by the Commission deferrng a final determination of
whether to provide ratemakng assurance to Idaho Power for Langley Gulch until additional data
is available.
(03) Statement Showing Costs
CAP AI submits that the costs and fees incured in ths case, and set fort in Exhbit "A,"
are reasonable in amount. CAP AI fully paricipated in the hearng in ths cas and presented the
testimony of its expert witness, Teri Otens, who testified regarding the impact that a large
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project such as Langley Gulch will have on low-income customers and the need to acquire all
data and information essential for the Commission to make a very diffcult decision. CAP AI was
also involved in the strategizing and drafing of the Renewed Post-Hearng Brief/Joint Renewed
Motion to Stay.
CAP AI has historically not sought fuding compensation for the services of its expert,
Teri Ottens. Ms. Ottens was formerly Executive Director of CAP AI, but for the past few years,
has served as an expert consultat to CAP AI whose Executive Director is Mar Chant.
Ms. Ottens has been consulting with, advising and testifyg for CAP AI for
approximately seven years. Durng that time, she has testified before ths Commission many
times in proceedings ranging from general rate cases to cases specific to low-income issues. She
is routinely involved in workshops either ordered or facilitated by the Commission and has
acquired a broad range of expertise in public utilty issues to the extent that they affect low-
income customers.
In addition to her consultation to the Energy Project, Ms. Ottens also served as Energy
Coordinator for the Association of Idaho Cities and Counties and, for a number of years,
organzed that group's anual Idaho Energy Conference. Ms. Otens' curculum vitae is
attached hereto as Exhibit "B,"
Needless to say, every par who retains an expert for proceedings before the
Commission, chooses someone with expertise in that paricular par's aras of concern. Ms.
Ottens is just such an individuaL. Given the breadth of knowledge and expertise that Ms. Otens
has acquired over the past years, CAP AI respectfully submits that it is reasonable for the
Commission to recognze her expertse for fuding puroses, as it does for other experts who
testify before it. CAP AI also respectfully submits that its applications for intervenor fuding,
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and the hourly rates and fees of its legal counsel and expert, have historically have been quite
reasonable and relatively modest.
(04) Explanation of Cost Statement
CAP AI is a non-profit corporation overseeing a number of agencies who fight the causes
and conditions of povert thoughout Idao. CAP AI's fuding for any given effort might come
from a different varety of sources, including governenta. Many of those fuding sources,
however, are unpredictable and impose conditions or limitations on the scope and natue of work
eligible for fuding. CAP AI, therefore, has relatively litte "discretionar" fuds available and
what little exists must cover a variety of competing projects, including cerin Commssion
proceedings for which intervenor fuding is not available. For approximately the past 7 yeas,
CAP AI has been the only reguar pary to Commission proceedings whose focus is exclusively
directed to the interests of low-income, and to a certn respect, all residential customers. Stafis
the only other regular par who even addresses residential customer class interests, but must
also devote its time and resources to ever other customer class and the utility itself Prior to
CAP AI's first involvement in Commission proceedings, there was a rather lengty period of time
durng which the interests advocated by CAP AI were unepresented.
Thus, were it not for the availabilty of intervenor fuds and past awards by this
Commission, CAP AI would not be able to parcipate in cass before ths Commission leaving a
gap not likely to be filled by any other entity. Even with intervenor fuding, paricipation in
Commission cases constitutes a signficant fInancial hardship because CAP AI mus pay its
expenses as they are incured; not if and when intervenor fuding becomes available.
(05) Statement of Difference
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Reduced to its essential core, this case posed a single queston: Should Idaho Power's
application for ratemakng assurance for Langley Gulch be approved, without delay necessar to
obtain additional data and information? Staffs position is yes, CAPAls is no. Needless to say,
the two paries' statements of position materially differ.
06) Stateinent of Recommendation
It is fair to characterize this case as involving some of the most chalenging legal, factual
and substative issues to come before this Commission for some time. Naturally, the decision of
whether to grant ratemaking assurance to Idaho Power for a thermal generation plant estimated
to cost in the hundreds of milions and that will constitute roughly 1/5 of the Company's entire
rate base, involves addressing issues of concern to the general body of Idaho Power's customers.
In fact, it is fai to say that there will not be a single customer who somehow isn't afected by the
decision rendered by the Commission in this case.
(07) Statement Showing Class of Customer
To the extent that CAPAI represents a specific Idaho Power customer class, it is the
residential class.
RESPECTFULLY SUBMITTED, this 7th day of Augst, 2009.
B~t
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CERTIFICATE OF SERVICE
4i
i hereby represent that on the .L day of August, 2009, I have served the foregoing
document 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 Woqdbur
Deputy Attorney General
Idaho Public Utilties Commssion
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
Eric L. Olsen
Racine, Olson, et al
201 E. Center
PO Box 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 Bridge
Idaho Conservation League
710 N. Sixth St.
POBox 844
7
Boise, il 83701
Susan K. Ackerman
9883 NW Nottge Dr.
Portland, OR 97229
Bg~~
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Costs:
Photocopies/postage
Total Costs
Fees:
EXHBIT "A"
ITEMIZED EXPENSES
Legal (Brad M. Purdy -79.0 hour ~ $120.00/h)
Expert (Teri Ottens - 16 hour ~ $45.00/h.
Total Fees
Total Expenses
$43.50
$43.50
$9,480.00
$720.00
$10,200.00
$10,243.50
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ØI B
CIRCULUM VITAE FOR TERI OTTENS
Consultat, 2006 - Present ~ Work as Policy Director and consulta for CAPAI in energy matters from
legislation to rate cases before the PUC. Duties range broadly from researh, lobbying, frquent interaction
with CAP agencies and CAP AI Boad of Directors, involvement in PUC cases as expert witness, to
consultat.
Executive Director, Community Action Parership Association ofldao 2002-2006
. Worked on a variety of low income issues including housing, energy and food issues
· Administor overseing several stte and federal low income progrms including ITSAP,
LIHAP, Weatherization.
Deputy Dirctor 1997 to 1998, Technical Services Dirctor 1994-1996, Association of Idao Cities,
Boise, il. AlC is a non-profit membership organization for Idaho cities. Duties included:
. Worked with over 100 cities and the majority of the 44 counties on plaing issues from
comprehensive planing, implementation ordinances, ara of impact, open space preservation
and other related issues
· Developed and followed though on public paricipation/education plans
. Worked with cities an counties to develop regional paerships in meeting plang goals
. Paricipating in the wrtig and prepartion of AIC publications, report and arcles
· Acting as spokesperson or liaison for the organization with many other groups, the media and
the state legislatue
. IdentifYing and developing fuding resources and parerships, including extensive grant
wrting and administrtion
. Served as Energy Coordinator thoughout my tenure for cities and counties concerng grt
funding. Plan anual Idaho Energy Conference.
Adminstrtive Offcer, City of CaldwelL, il, 1989-1993. Duties included:
. Daily adinistrtion of all facets of city goverent
. Served as Budget Offcer in prepartion and management of $ 1 4 milion budget
· Served as Personnel Ofcer and the American with Disabilties Coordinator
· Preparation of meeting agendas and sta reports
. Grants Offcer responsible for over $250,000 in grants
. Involved in strategic planing at all levels including the city comprehensive plan, area of
impact negotiations, inastrctre master plans, budgets and the Regionallrban Design
Assistace Team (RDAT) Study.
Information OffcerlPlaner, Ada County Development Services, il, 1988. Ada County serves a
population of over 200,000. Duties included:
. Knowledge of land use planing, zoning laws and issues, growt management.
· Interprsonal skílls in dealing with genral public, governental agencies and developers in
complaint and enforceent issues.
Executive Director, Downtown Casper Development Corporation, 1986-1987. DCDC is a non-profit
membership agency with responsibility for downtown redevelopment. Duties included:
. Business retention, expasion and recruitment
· All administrative fuctions of organization including budgeting, prepaaton of Board agendas
and reports, staff supervision, membership development
. Fund raising for the organiztion, including membership development, identifying grant
resoures and corprate/business donors. This included prearg and makg presentations
· Responding to membership needs/technical assistace
Assistt City Manager, City of Larmie, WY 1988-1986. Duties included:
· Workig with the City County Planing Offce to coordinate city/county growt
. Prepartion and management of $ i 7 milion budget as City Budget Offcer.
. Understding and mangement of city risk management program, utilty frchises,
personnel, grant wrtig and contrct negotiations and administration.
. Public Inormation Ofcer
Director of Planing and Researh, City of Tracy, CA 1977-1979. Duties included:
. Facilities and progr planing and implementation
· Grt administrtion, volunteer coordinator