20111213Application for Intervenor Funding.pdf

Benjamin J. Otto ISB No. 8292
710 N 6th Street
Boise,ID 83701
Ph: [phone] x 12
Fax: [phone]
botto~idaoconservation.org
RECF!Vr:
2311 DEC 13 PH 12: 58
Attorney for Idao Conservtion Leage
BEFORE THE IDAHO PUBLIC UTILIES COMMISSION
IN THE MAITR OF THE
APPLICATION OF IDAHO POWER
COMPANY FOR AUTHORITY TO
INCREASE ITS RATES AND CHARGES
FOR ELECTRIC AND SERVICE IN
IDAHO
)
) CASE NO. IPC-E-ll-08
)
) APPLICATION FOR INTERVENOR) FUNDING
)
COMES NOW, the Idaho Conservation League ("ICL"), pursuant to Idaho Code § 61-617A and
IDAPA 31.01.01.161-165 with the following application for intervenor fuding. On July 12,
2011 in Order No 32288, the Commission granted ICL's intervenor status.
I. Idaho Code § 61-617A and IDAPA Rule 31.01.01.161 Requirement
Idaho Power Corporation is a regulated public utilty with gross Idaho intrastate, anual
revenues exceeding thee milion, five hundred thousand dollars ($3,500,000.00).
II. IDAPA Rule 31.01.01.162 Requirements
1. Itemized list of Expenses
Exhibit A is an itemized list of expenses incured by ICL and or expert witness.
2. Statement of Proposed Findings
ICL asks this Commission to approve the stipulated settlement and maintain the curent
energy efficiency rider level of 4.75%. Also, ICL asks the Commission to grt this request for
intervener fuding to support ICL's efforts in reviewing the case, paricipating in the settement
negotiations, filing direct and rebuttl testimony, and paricipating in the technical hearg.
3. Statement Showing Costs
ICL Application for Intervenor Funding 1 December 13,2011
This application is to support ICL's effort in reviewing the case, paricipating in the
settlement negotiations, filing direct and rebuttl testimony, and paricipating in the technical
hearing. While the parties resolved their primar issues in his case, reviewig the filings,
discovery, and testimony in order to prepare for and paricipate in settlement discussions was
complex and time consuming. Following the settlement meetings ICL spent additional time
drafting and reviewig testimony as well as preparng for the hearg.
ICL requests $14,218.40 in intervenor fuding, as shown in Exhibit A, for the expert
witness fees and travel costs for Nancy Hirsh and the Attorneys fees for Benjamin J. Oto. Both
the hourly rate and hours expended are reasonable for this complex case involving negotiations,
direct and rebuttl testimony and a technical hearng.
4. Explanation of Cost Statement
ICL is a nonprofit organization supported solely though chartable donations from
foundations and our members. In this proceeding, ICL represents its member and supporters
who are ratepayers ofIdaho Power, as well as those who have an interest in promoting energy
efficiency throughout Idaho. To provide consistent, professional, and impactful advocacy ICL
employees a full-time, highly trined staff member to focus on energy issues. The cost of
employing and training this staff member is a significant financial commitment in a time of
difficult fudraising. Because chartable contrbutions are inerently unstable, the availabilty of
intervenor fuding is essential for ICL to paricipate in these in proceedings.
5. Statement of Difference
This was a complex case of multifaceted issues. At times ICL agreed with some paries,
at times we supported others. Thoughout ICL provided an informed and effective voice for
energy conservation and the residential class more broadly.
ICL Application for Intervenor Funding 2 December 13,2011
The paries resolved the major issues in this case and entered into a stipulated settlement
on September 20,2011. Durng the settlement meetings, ICL paricipated in negotiations about
the revenue requirement, cost of service methodology, and related issues. The stipulation both
includes and omits terms ICL argued for and against that are distinct from the positions of Staff
or other Parties. ICL signed the stipulation and the Testimony of Nancy Hirsh explains why we
believe it is in the public interest. However, the stipulation did not resolve two issues that
concern ICL, the amount of low income weatherization fuding, and the level of the energy
efficiency tarff rider.
Unique from the Staff, ICL was the only par to raise Idaho Power's rate design
proposals durng our meetings. For residential customers, Idaho Power proposed several
changes including increasing the fixed charge, changing the time of use rate offerngs, and
limiting any increase in the highest winter use block. ICL did agree with raising the fixed
customer charge by $1 to recognize Idaho Power's increasing investment in AMI infrtrctue.
While these did not become contested issues, ICL's informed paricipation in the proceedings
ensured the parties discussed and considered them fully.
I CL' s primar difference with Staff is on the level of the energy effciency rider taff.
Staff proposed reducing the rider to 4.0% to reflect a shift of some energy efficiency costs into
base rates. ICL presented testimony and cross-examined witnesses supporting our position to
maintaining adequate fuding, based on the potential measured in service terrtory, to ensure
Idaho Power wil purue all cost effective energy effciency.
6. Statement of Recommendation
ICL's positions-reflected by terms both included and excluded from the stipulation-
address issues germane to all ofIdaho Power's customers. Durg the settlement meetings, ICL
ICL Application for Intervenor Funding 3 December 13,2011
engaged on a varety of issues including rate of return, cost of service, and revenue requirement.
ICL initially was the only par to address rate design issues. After settling most issues, ICL
argued to maintain the curent fuding for energy effciency.
These issues are importt to all utilty customers. Revenue, cost of service, rate of
retu, and rate design are foundational issues for all utilty customers. Since every customer
pays the energy effciency riders, the level affects every customer. Likewise, ensuring sufficient
fuding means that every customer has the opportity to paricipate in a company sponsored
energy effciency progrm. Promoting energy efficiencyjs good for all customers whether they
paricipate or not since saving energy reduces bils for all.
In the end, ICL joined the other paries, except for CAP AI, in recommending the
Commission approve the settlement. ICL took a unique stance that the Commission should also
maintain the energy efficiency rider level at 4.75%. ICL is the only par who supported our
recommendation with evidence and testimony regarding the potential for energy efficiency
investments. Settling the rate case and ensurng suffcient fuding for energy effciency is a
recommendation that concerns the general body of utility consumers.
7. Statement Showing Class of Customer
ICL's has individual member and supporters who are residential customers ofIdaho
Power in Idaho.
WHEREFORE, ICL respectfuly requests the Commission grt this application.
DATED this 13th day of December 2011.
Respectfully submitted,A~
Benjamin J. Otto
On behaf of the Idao Conservation League
ICL Application for Intervenor Funding 4 December 13,2011
EXlIT A
Expert Fees and Expenses for Nancy Hirsh - Total: $1,153.40
Travel from Seattle to Boise for hearng - $193.40
24 hours at $40 per hour - $960
Attorney Fees for Benjamin J. Otto - Total: $13,065
100.5 Hours at $130 per hour
7/6/11
7/7/11
7/8/11
7/9/11
7/13/11
7/20/11
8/2/11
8/5/11
8/11/11
8/18/11
8/25/11
8/26/11
8/29/11
8/30/11
8/31/11
9/5/11
9/6/11
9/7/11
9/7/11
9/8/11
9/9/11
9/19/11
9/19/11
9/19/11
9/19/11
9/22/11
10/4/11
10/5/11
Review application and initial testimony
Review application and initial testimony
Review application and initial testimony
Review application and initial testimony
Protective ageement - review, sign and retur
Scheduling conference
Review discovery responses
Review discovery responses
Review discovery responses
Review discovery responses
Review discovery responses
Prepare for settlement
Prepare for settlement
Prepare for settlement
Settlement meetings
Review settlement issues, prepare for next round
Conf with N. Hirsh and K. Miler re: settlement
Draft settlement memo
Conf with N. Hirsh and K. Miler re: settlement
Settlement meetings
Conf with N. Hirsh and K. Miler re: settlement
Review settlement offer
ConI with J. Wiliams Re: Settlement
Conf with N. Hirsh and K. Miler re: settlement
Conf with Staff re: settlement
Execute settlement and send to IPC
Draft Hirsh Testimony
Draft Hirh Testimony
ICL Application for Intervenor Funding 5
3.5
2.5
3.75
2.75
0.75
2.5
0.75
1
1.5
0.75
1.25
2.5
1.5
2.75
6
1.25
0.5
2.75
0.75
6
0.5
0.75
0.25
0.5
0.5
0.5
6.5
4.5
December 13,2011
10/7/11
10/7/11
10/10/11
10/21/11
10/24/11
11/14/11
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11/18/11
11/30/11
12/1/11
12/3/11
12/5/11
12/6/11
12/12/11
Final review of Hirsh testimony 1.5
Prepare and File Direct Testinony of Nancy Hirsh 0.75
Review testimony of other paies, drt memo re:same 2.25
Review IPC dicovery request, compile initialresponse, send to N. Hirh 1.75
File discovery request for IPC and Staff 1.5Draft Hirh Rebuttal 4.5
Review responses from Staff and IPC 1.5Drat Hirsh Rebuttal 2.5
Final review of Hirsh Rebuttal 1.75
Prepare and File Rebuttal Testimony of Hirsh 0.5
Review rebuttal testimony of D. English, S.
Donohue, R Lobb, K. Higgens. Drat memo re sae 2.25Prepare for hearg 2.5Prepare for hearg 3.25
Conf with N Hirh re: hearg 1.25Hearig 8Hearg 3.5
Prepare fundig application 2.25
ICL Application for Intervenor Funding 6 December 13,2011
CERTIFICATE OF SERVICE
I hereby certify that on this 13th day of December, 2011 I delivered tre and correct
copies of the foregoing APPLICATION FOR INTERVENOR FUNING to the following via
the method of service noted:
Hand delivery:
Jean Jewell
Commission Secretar (Original and seven copies)
Idaho Public Utilties Commission
427 W. Washington St.
Boise, il 83702-5983
Electronic Mail Only:
515 N. 27th Street
Boise, ID 83702
peter§richardsonandolear.com
greg§richardsonandolear.comIdaho Power
Lisa D. Nordstrom
Donovan E. Walker
Jason B. Wiliams
Idaho Power Company
1221 West Idaho Street
Boise, Idao 83707-0070
lnordstrom§idahopower.com
dwalker§idahopower.com
lwillams§idahopower.com
Dr. Don Reading
6070 Hil Road
Boise, Idaho 83703
dreading§mindspring.com
GregW. Said
V.P. Regulatory Affairs
Idaho power Company
P.O. Box 70
Boise ID 83707-0070
gsaid§idahopower.com
IIPA
Eric L. Olsen
Racine, Olson, Nye, Budge & Bailey,
Charered
P.O. Box 1391; 201 E. Center
Pocatello, Idaho 83204-1391
elo§racinelaw.net
CAPAI
Brad M. Purdy
Attorney At Law
2019 N. 17th st
Boise, Id 83702
bmpurdy§hotmail.com
Anthony Yanel
29814 Lake Road
Bay Vilage, Ohio 44140
tony§yankel.net
ICIP
Peter J. Richardson
Gregory M. Adams
Richardson & O'Lear, PLLC
DOE
Steven A. Porter
Assistat General Counsel
Electricity and Fossil Energy
United States Deparent of Energy
1000 Independence Ave. SW
Washington, DC 20585
Steven.porter§hq.doe.gov
IPC-E-II-08 1 Certificate of Service
Arur Perr Bruder
Attorney -Advisor
United States Deparment of Energy
1000 Independence Ave. SW
Washington, DC 20585
Arur.bruder§hq.doe.gov
Madavidson§hollandhar.com
Mr. Dwight Etheridge
Exeter Associates
5565 Sterrett Place, Suite 310
Columbia, MD 21044
detheridge§exeterassociates.com
Snake River Allance
Ken Miler, Clean Energy Progr
Director
Snake River Alliance
P.O. Box 1731
Boise, Idao 83701
Kmiler§snakeriverallance.org
Kroger
John R. Hammond, Jr.
Batt Fisher Pusch & Alderman, LLP
U.S. Ban Plaz, 5th Floor
101 S. Capitol Boulevard, Suite 500
P.O. Box 1308
Boise, il 83701
E-mail: jrh§battfisher.com
NW Energy Coalition
Nancy Hirsh, Policy Director
NW Energy Coalition
811 First Avenue, Suite 305
Seattle, Washington 98104
Nancy§nwenergy.org
Kur J. Boehm
Boehm, Kurz & Lowr
36 E. Seventh St., Suite 1510
Cincinnati, OH 45202
KBoehmCÐBKLlawfirm.com
Boku Materials, Inc.
Dean J. Miler
McDEVITT & MILER LLP
420 East Banock
Boise, Idaho 83702
Joe§mcdevitt-miler.com
Heather§mcdevitt -miler. com
Micron
Mar V. York, ISB No. 5020
Holland & Har LLP
Suite 1400, U.S. Ban Plaza
101 South Capitol Boulevard
P.O. Box 2527
Boise, Idaho 83701-2527
Myork§hollandhar.com
Scott Paul, CEO
Hoku Materials, Inc.
One HokuWay
Pocatello, Idao 83204
Spaul§hokucorp.com
Thorvald A. Nelson
Mark A. Davidson
Holland & Hart LLP
6800 South Fiddlers Green Circle, Ste.
500
Greenwood Vilage, CO 80 ILL
TnelsonCÐhollandhart.com
4~
Benjamin J. Otto
Certificate of Service December 13,2011