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HomeMy WebLinkAbout20120425reconsideration_order_no_32537.pdfOffice of the Secretary Service Date April 25,2012 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) OF IDAHO POWER COMPANY FOR )CASE NO.IPC-E-l1-19 AUTHORITY TO CONVERT SCHEDULE 54 ) -FIXED COST ADJUSTMENT -FROM A ) PILOT SCHEDULE TO AN ONGOING )ORDER NO.32537 PERMANENT SCHEDULE ) On March 30,2012,the Commission issued a final Order in this case approving Idaho Power Company’s Application to make its Schedule 54 —Fixed Cost Adjustment (FCA)—a permanent schedule.As part of the final Order,the Commission approved Applications for Intervenor Funding filed by the Idaho Conservation League (ICL)and the NW Energy Coalition. The Commission approved intervenor funding in the amount of $700 for each applicant, although ICL’s request was for $10,000.The Commission stated it could not find ICL’s request to be reasonable in amount,given that the case concluded by written comments filed in a Modified Procedure.Order No.32505,p.8. On April 16,2012,ICL timely filed a Petition for Reconsideration raising only the issue of the amount of intervenor funding awarded to ICL.In its Petition,JCL pointed out that the case did not begin as Modified Procedure,although it concluded by that process.The Commission first issued a Notice of Application and Notice of Intervention stating,in part,that “persons intending to participate at the hearing must file a petition to intervene 14 days from the service date of the Order.”Order No.32389,p.3.ICL states that pursuant to the Commission’s Order,ICL prepared to intervene and participate in the expected hearing.ICL Petition,p.3. ICL’s Petition to Intervene was approved by Order issued November 29,2011.Order No. 32402.ICL also provided a more detailed statement of the time committed to the case by its counsel and expected witness. The Commission finds on review of ICL’s Petition for Reconsideration that the amount of intervenor funding awarded to ICL should be increased.The Commission’s determination of an intervenor funding award is a matter of discretion,guided by the statutory policy “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.”Idaho Code § 61 -61 7A.Consistent with that goal and policy,the Commission finds it appropriate to increase ORDER NO.32537 1 the amount of intervenor funding awarded to ICL to total $6,700.Following approval of ICL’s Petition to Intervene,ICL’s attorney and witness devoted a significant number of hours to the case,and their efforts did contribute to the Commission’s understanding of the issues presented for resolution. ORDER IT IS HEREBY ORDERED that the Petition for Reconsideration filed by the Idaho Conservation League is approved only to increase the amount of intervenor funding awarded to ICL to a total of $6,700.Idaho Power is directed to pay that amount to ICL for intervenor funding. THIS IS A FINAL ORDER ON RECONSIDERATION.Any party aggrieved by this Order or other final or interlocutory Orders previously issued in this Case No.IPC-E-l1-19 may appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law and the Idaho Appellate Rules.See Idaho Code §61-627. DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this L3 day of April 2012. PAUL KJELLANTER,PRESIDENT NN A, MACK A.REDFORD, /I / I //11 :- 5.i fr MARSHA H.SMITH,COMMISSIONER ATTEST: fan D.Jew4i Commission Secretary ORDER NO.32537 2