20110418Application for Intervenor Funding.pdf

Benjamin Otto (ISB No. 8292)
710 N 6th Street
PO Box 844
Boise,ID 83701
Ph: [phone] x 12
Fax: [phone]
botto~idahoconservtion.org
REceIVED
10" APR I S PH 4= "
Attorney for the Idao Conservtion Leage, the NW Energ Coaltion, and the Snake River Allance
BEFORE THE IDAHO PUBliC UTIliTIES COMMISSION
IN TH MAITR OF IDAHO POWER )
COMPANYS REQUEST TO MODIFY )
RECOVERY OF INCENTIS PAID )
TO SECURE DEMAND-SIDE )RESOURCES )
CASE NO. IPC-E-IO-27
APPliCATION FOR INTERVENOR
FUNDING
COMES NOW, the Idaho Conservtion League, Northwest Energy Coalition, and the Snake River
Allance (collectively the ((Conservation Paries") pursuat to Idao Code § 61-617 A and IDAP A
31.01.01.161-165 with the followig application for intervenor fundig. On December 17, 2010
in Order No 32141, the Commission grted the Conservation Paries intervenor status.
i. Idao Code § 61-617A and IDAPA Rule 31.01.01.161 Requirement
Idao Power Company is a reguated, electric public utilty with gross Idao intratate,
annua revenues exceedig three milion, five hundred thousd dollars ($3,500,000.00).
II. IDAPA Rule 31.01.01.162 Requirements
I. Itemized li of Expense
The attached Exhibit A is an itemized list of expenses incured by the Conservtion Paries
in this proceeding.
2. Statement of Propod Findigs
The Conservtion Paries proposed the Commission should adopt the stipulation
settlement. Whe the other settling parties also proposed the Commission adopt the stipulCltion,
Application for Intervenor Fundig 1 Apri 15, 2011
the Conservtion Paries also proposed the Commisson to not lower the Energ Efficiency Rider,
unlike the Commission Staff. Additionaly the Conservtion Paries provided different and
unique testimony and exhibits to support these proposed findigs.
3. Statement Showig Costs
The Conservation Paries request $4,200 in intervenor fundig, as shown in Exhibit A,
only for attorney's fees. The Conservation Paries are not requesting any costs incured by our
expert witness Nancy Hirsh, postage, or other expenses. Both the hourly rate and hours expended
are reasnable for thi complex case. ICL's attorney biling rate is below the curent rage for
other intervening paies to account for his fewer year of experience.
4. Explanation of Cost Statement
The Conservtion Paries are each nonprofit orgaiztions supported solely through
chartable donations made by foundations and our members The Snake River Allance and the
Idao Conservtion League each have many members and supporters who are ratepayers of Idao
Power and neither group represents any for-profit entity that stands to gai from rate decisions.
The Northwest Energy Coalition's Idao based members are a broad ary of nonprofit
organizations. To provide consistent, professional, and impactful advocacy for the conservation
community ICL ha shited its budgeting to dedicate a full-time, highy traed staff member to
energ issues. In this specifc proceeding, ICL provided lega representation to the other
Conservation Parties without charge. The cost of employing and traing this staff member
represents a significant financial commitment in a time of diffcult fundrising. Because
chartable contributions are inherently unstable, the avaiabilty of intervenor funding is essential
for ICL to participate themselves as well as provide legal representation for other conservation
groups with a stake in these in proceedigs before the Commission.
5. Statement of Difference
Whe the Conservtion Paries entered into a stipulated settlement with the Staff,
Application for Intervenor Fundig 2 April 15,2011
Company, and CAP AI, the testimony and ora arguent of the Conservtion Paries were
different form the Staff in the followig ways. The Staff proposed the Energ Efficiency rider
should be reduced once the back balance in the rider account wa paid down. Dired Testimony of
Randy Lobb at p. 6 In. 21-22. The Conservation Paries took the position the Commission should
not make any decision regardig future rider levels in this specific proceedig. To support this
position the Conservtion Paries' direct testimony included excerpts from Idaho Power's
Demand Side Potential Study. In sum, the Conservtion Paries took a different position and
provided different exhibits from the Staff on the issue of adjusting the rider fundig leveL.
The Conservtion Paries included additional resources that provided a. broader context
along with additional factua and policy support for the concepts embodied in the stipulation. In
our direct testimony Ms. Hirsh addressed the varety of DSM incentives found around the country
and placed the capitalization of DSM expenses into this context. To support this explanation we
included recent report by the America Council for an Energy-Efficient Economy Carrots for
Utilities: Proving Financial Return for Utility Investments in Energ Effcienc. Agan, the
Conservtion Paries provided broader context and unique exhibits compared to the Staffs direct
testimony.
Additionaly, the Conservation Paries field reply testimony, unlike the Staff. In thi reply
testimony, we countered the arguents rased by the Industrial Customers of Idao Power
(((ICIP") in regads to the impacts to customer clases. As representative of a customer clas
ourselves, this reply provided the Commission with a different perspective than the Staff could
have provided. The Conservtion Paries also provided an additional exhibit, When Revenue
Decoupling Wil Work. . .and When it Won't by Steven Kih, to address ICIP's arent agast
the entire theory of incentivizing DSM programs. When compared to the direct testimony of the
Staff, the diect and reply testimony of the Conservtion Paries provided different proposed
findigs on at least one issue, as well as materialy different testimony and exhibits to support the
Application for Intervenor Fundig 3 Apri 15, 2011
overal stipulation.
6. Statement of Recommendation
The Conservation Paries' proposas addressd isues that concern the entire body of
utilty cusomers. The stipulation in this case addressed the underlyig business model that
supports DSM progrs applicable to every customer class. The issue of adjusting the cuent
rider level, where we explicitly difered from the Staff, likewise addresses al customer classes.
Moreover, the precis DSM progrs impacted by this cae predominately involve diferent
customer class than the Conservtion Paries represent. Neither the Conservtion Paries as
organizations nor any of our members stood to individualy benefit at the expense of other
cusomer classs in this proceeding.
7. Statement Showig Clas of Customer
The Conservtion Paries as orgnizations are members of the Smal commercial class
whie our members are in the residential class. Becaus at the core we represent the interests of
our individua members, the Conservation Paries should be considered to appear on behalf of the
residen tial class.
WHEREFORE, for the reasons stated above, the Conservation Paries request that the
Commission grt this Application for Intervenor Fundig.
Submitted this 15th day of Apri, 2011.
Respectfuly,&~
Benjamin J. Otto
Attorney for:
Idao Conservtion League
NW Energy Coalition
Snake River Allance
Application for Intervenor Fundig 4 Apri 15,2011
Exhbit A
Attorney Fees for Benjamin J. Otto
Total $4,200 - 35 hours at $120 per hour
11/22/10 Review application and diect testimony of Company; prepare cae 3:45
memo re: sae; conf with N. Hirsh and K. Miler re: joining to
t02ether to intervene and develop initial position on issues
11/29/10 Prepare petition to intervene, fie with PUC 1:15
12/8/10 Review protective a2feement, si2l, and retur to Company 0:30
12/14/10 Review Companv response to ICIP first production request 1:00
1/6/11 Review Company response to ICIP second production request 2:30
1/6/11 Conf with N. Hirsh and K. Miler re: final position on rate of retur 1:00
and prepare for schedulin2 issues
117/11 Review Company response to Staff first production request 0:45
1/12/11 Attend scheduling conference; prepare memo to N. Hirh and K.1:30
Miler re: same
1/27/11 Review Companv response to ICIP thid production request 0:30
217/11 Prepare for and attend settlement canference; prepare memo to N.2:30
Hirh and K. Miler re: same
2/15/11 Review drt stipulation prepare memo to N. Hirsh and K. Miler re 1:00sae
2/25/11 Review final stipulation, circulate to N. Hirsh and K. Miler for 1:15
review an approva, si2l and submit
3/1/11 Prepare outline of testimony in support of stipulation, circulate to N.2:30
Hirsh for draftin2
3/3/11 Review and revise testimony in support of stipulation 2:00
3/4/11 Final prepartion of testimony in support of stipulation, fie with 1:45
commission and serve on other paries
317/11 Review diect testimonv of Staff and ICIP 3:15
3/15/11 Draft outline of reply testimony in support of stipulation, send to N.2:45
Hirsh for review and draftin2
3/18111 Final review and edit of reply testimony in support of stipulation, fie 2:30
with commission and serve on other paries
3/22/11 Review reply testimony of Company 0:45
3/29/11 Prepare for oral arirent 1:30
3/30/11 Prepare for and participate in ora arent 2:00
4/1/11 Review Commission order on stipulation 0:30
4/15/11 Prepare application for intervenor fundin2 1:30
TOTAL 35:00
Note: ICL tracks biling in fifteen minute increments and rounds down for portions less than 10
minutes long.
Exhibit A
Application for Intervenor Fundig Apri 15, 2011
CERTIICATE OF SERVICE
I hereby certif that on this 15th day of Apri, 2011 I delivered true and correct copies of
the foregoing APPUCA nON FOR INTERVENOR FUNDING To the followig persons via the
method of servce noted:
Hand delivery
Jean Jewell
Commission Secretar (Origial and seven copies provided)
Idao Public Utilties Commission
427 W. Washigton St.
Boise, ID 83702-5983
Electronic Mai:
Usa D. Nordstrom
Donovan E. Waler
Idao Power Company
1221 West Idao Street
Boise, Id 83707-0070
Inordstrom~idaopower.com
dwale~idaopower.com
Brad M. Purdy
Attorney At Law
2019 N. 17th st
Boise, Id 83702
bmpurd~hotmail.com
John R Gale
Darlene Nemnich
Idao Power Company
P.O. Box 70
Boise, Id 83707
rge~idaopower.comdnemnich~idaopower.com
Eric L Olsen
Racine, Olson, Nye, Budge &
Baiey, Chaered
P.O. Box 1391; 201 E. Center
Pocatello, Id 83204-1391
elo~racinelaw.net
Peter J. Richadson
Gregory M. Adas
Richadson & O'lear, PLLC
515 N. 27th Street
P.O. Box 7218
Boise, Id 83702
pete~richadsnandolear.com
gre~richardsonandoleary.com
Anthony Yankel
29814 Lae Road
Bay Vilage, Oh44140
ton~ankel.net
lÂ~
Benjamin Otto
Dr. Don Readig
6070 Hil Road
Boise, Id 83703
dreadi~mindsprig.com
Certifcate of Servce APRIL 15, 2011