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Home My WebLink About20111213Application for Intervenor Funding.pdfW. MARCUS W. NYE RANDAI.I. C. BUDGE JOHN A. BAII.EY, JR. JOHN R. GOODEI.I. JOHN B. INGEI.STROM DANIEL. C. GREEN BRENT O. ROCHE KIRK B. HADI.EY FRED J. I.EWIS ERIC I.. OI.SEN CONRAD J. AIKEN RICHARD A. HEARN, M.D. l.NE V. ERICKSON FREDERICK J. HAHN, III PATRICK N. GEORGE SCOTT J. SMITH DAVID E. AI.EXANDER JOSHUA D. JOHNSON STEPHEN J. MUHONEN CANDICE M. MCHUGH CAROL. TIPPI VOI.YN JONATHON S. BYINGTON JONATHAN M. VOI.YN BRENT i.. WHITING DAVE BAGI.EY THOMAS J. BUDGEJASON E. Fl.IG FERREI.I. S. RYAN, III AARON A. CRARY JOHN J. BUI.GER BRETT R CAHOON JEFFREY A. WARR I.AW OFFICES OF R i= f" E i \. ! ¡:~ .¡ L-L,1 :...~ t'lt'L¡," RACINE OLSON NYE BUDGE Be BAILEY CHARTERED 2011 DEC i 3 PM 3: 50 801.1 OP'P'ICI101 SOUTH CAPITOL I (i¡:\¡'i C¡ Ii. ¡ r i"OULEVARD. SUITE 300 'J""I""'" t 't'i,;.. i l'" ,:;"" r:t"'t-'; '/$;-~ J!~I~Et JÐ~tlO 83702! I.,! ¡ . t::: tl è) ¡Vl-Me:&i E;!i8l 39l5-00 11FACSIMILE: (208) 433~01 67 201 EAST CENTER STREET POST OFFICE BOX 1391 POCATEI.I.O, IDAHO 83204-139 I TEI.EPHONE (208) 232-6101 FACSIMII.E (208) 232-6109 IDAHO P'ALL. OP'P'ICI 477 SHOUP AVENUE SUITE 107 POST OFFICE BOX B0698 IDAHO FALLS, 1083405 TELEPHONE: (208) 528.6101 FACSIMILE: (208) 528.6109 ww.racinelaw.net ALL OP'P'ICI. TOLL P'RII (877) Z:iZ-BI 0 I SENDER'S E-MAII.ADDRESS:elo!êracinelaw.net LOUIS P'. RACINe: 0817.20015)WILLIAM D. OLSON, 0.. eOUNse:i. December 13,2011 Jean Jewell IPUC Commission Secretary P.O. Box 83720 Boise, Idaho 83720-0074 Re: IPC-E-ll-08 Dear Ms. Jewel: Enclosed for filing please find an original and seven (7) copies of the Application of Intervenor Funding for Idaho Irrigation Pumpers Association. ELO/rg Enclosures c: Service List Sincerely,~ I -Jc::z-(.-a:o Eric L. Olsen, ISB No. 4811 RACIN, OLSON, NYE, BUDGE & BAILEY, CHARTERED P.O. Box 1391; 201 E. Center Pocatello, Idaho 83204-1391 Telephone: (208) 232-6101 Fax: (208) 232-6109 t:.E!\/E ZOIi DEC 13 PM 3= 50 Attorneys for Intervenor Idaho Irrigation Pumpers Association, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ) IDAHO POWER FOR AUTHORITY TO ) INCREASE ITS BASE RATES AND CHARGES ) FOR ELECTRIC SERVICE IN IDAHO ) ) CASE NO. IPC-E-ll-08 APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRGATION PUMPERS ASSOCIATION, INC. COMES NOW the Idaho Irrigation Pumpers Association, Inc. ("Irrigators"), by and through counsel of record, Eric L. Olsen, and hereby respectfully makes application to the Idaho Public Utilties Commission ("Commission") for intervenor funding, pursuant to Idaho Code § 61-617 A and IDAPA 31.01.01.161 through .165, in Idaho Power's general rate case, as follows: (A) A summary ofthe expenses that the Irrigators request to recover broken down into legal fees, consultant fees and other costs and expenses is set forth in Exhibit "A" attached hereto and incorporated by reference. Itemized statements that support the legal and consultant time spent in this case are available upon request. (B) This case was fied on May 24, 2011. The Irrigators immediately intervened and began reviewing the case. The Irrigators submitted to Idaho Power to approximately 48 data requests and reviewed the responses thereto, along with review of other data responses that Idaho APPLICATION FOR INTERVENOR FUNDING OF IDAHO IRRGATION PUMPERS ASSOCIATION, INC.-1 Power provided to the other parties in this case. The Irrgators developed revenue normalization adjustments for the residential and irrigation customer classes that were asserted in the settlement negotiations and which ultimately formed a basis for the settlement of this case. These adjustments were provided to all the parties and discussed with Commission Staff. The Irrigators actively participated in the settlement negotiations that were held in this case and signed the Stipulation and Proposed Partial Settlement (the "Stipulation"). The Irrigators now urge the Commission to adopt the Stipulation as a fair, just and reasonable resolution of the issued dealt with therein. Notwithstanding the settlement, the Irrigators had to prepare and approached this case as if it would have gone to a full blown technical hearing on the merits of all issues presented. (C) The expenses and costs incurred by the Irrigators set forth in Exhibit A are reasonable in amount and were necessarily incurred. The expenses and costs were incurred in reviewing the Company's filing, preparing and reviewing approximately 48 Irrigators data requests and responses, preparing settlement positions on revenue requirement issues, participating in settlement conferences/negotiations that resulted in the Stipulation, reviewing the Stipulation language, and in participating in the recent technical hearings to support the adoption of the Stipulation by the Commission. (D) The costs described in Paragraph (A) above constitute a financial hardship for the Irrigators. The Irrigators currently have approximately $27,784.81 in the bank with outstanding accounts payable from this case and the pending Rocky Mountain Power general rate case totaling approximately $46,070.75. This leaves us at a current deficit of approximately $18,285.94. Participating in the more frequent general rate cases has been taxing on the Irrigators' limited resources. APPLICA nON FOR INTERVENOR FUNDING OF IDAHO IRRGA nON PUMPERS ASSOCIA nON, INC. - 2 The Irrigators are an Idaho nonprofit corporation qualified under I.R.C. § 501(c)(5) representing farm interests in electric utilty rate matters affecting farmers in southern and central Idaho. The Irrigators rely solely upon dues and contributions voluntarily paid by members, together with intervenor funding, to support activities and participate in rate cases. Each year mailngs are sent to approximately 7500 Idaho Irrigators (approximately two-thirds in the Idaho Power Company service area and one-third in the RMP service area), soliciting annual dues. The Irrigators recommend members make voluntary contributions based on acres irrigated or horsepower per pump. Member contributions have been fallng which are believed to be attibutable to the depressed agricultural economy and increased operating costs and threats, particularly those relating to water right protection issues. From member contributions the Irrigators must pay all expenses, which generally include mailng expenses, meeting expenses and shared offce space in Boise, Idaho, in addition to the expenses relating to participation in rate cases. The Executive Director, Lynn Tominaga, is the only part-time paid employee, receiving a retainer plus expenses for offce space, office equipment, and secretarial services. Officers and directors are elected annually and serve without compensation. It has been and continues to be a financial hardship for the Irrigators to fully participate in all rate matters affecting its members. As a result of financial constraints, participation in past rate cases and in this case has been selective and, primarily, on a limited basis. The Irrigators are also finishing up participating in Rocky Mountain Power's general rate case and wil be participating in the technical hearings scheduled for next week. This concurrent paricipation in the Rock Mountain Power proceedings has added additional financial strain on the organization this year. APPLICATION FOR INTERVENOR FUNDING OF IDAHO IRRGATION PUMPERS ASSOCIATION, INC. - 3 (E) The Irrigators' positions urged in the settlement negotiations were similar to Commission Staff proposed adjustments to normalize or increase class revenue for the residential and irrigation class. However, they materially differed in amount in that they sought greater imputation of revenue for these customer classes and a resulting greater reduction in Idaho Power's revenue requirement. As a signatory of the Stipulation, the Irrigators necessarily are aligned with Commission Staff urging the Commission adopt the Stipulation. (F) The Irrigators' participation addressed issues of concern to the general body of users or consumers on Idaho Power's system by reducing Idaho Power's alleged revenue requirements. This reduction is embodied in the Stipulation. (G) The Irrigators represent the irrigation class of customers under Schedule 10. Based on the foregoing, it is respectfully submitted that the Irrigators are a qualifying intervenor and should be entitled to an award of costs of intervention pursuant to Idaho Code § 61- 6l7A and IDAPA 31.01.01.161 through .165 in such amount as determined by the Commission. DATED this 13th day of December, 2011. RACIN, OLSON, NYE, BUDGE & BAILEY, CHARTERED BY~~~ERICL~tv APPLICATION FOR INTERVENOR FUNDING OF IDAHO IRRGATION PUMPERS ASSOCIATION, INC. - 4 CERTIFICATE OF MAILING I HEREBY CERTIFY that on this day of December, 2011, I served a tre, correct and complete copy of the foregoing document, to each of the following, via the method so indicated: Jean D. Jewell, Secretary Idaho Public Utilties Commission P.O. Box 83720 472 W / Washington Street Boise, Idaho 83720-0074 i j ewellCipuc.state. ide us U.S. Mail/Postage Prepaid E-Mail Facsimile Overnight Mail X Hand Delivered Lisa D. Nordstrom Donovan E. Walker Jason B. Wiliams Idaho Power Company P.O. Box 70 Boise, Idaho 83707-0072 lnordstromCiidahopower.com dwalkerCiidahopower .com jwilliamsCiidahopower .com X U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered Greg W. Said Director State Regulation Idaho Power Company P.O. Box 70 Boise, Idaho 83707-0071 gsaidCiidahpower .com X U.s. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered Brad M. Purdy Attorney at Law 2019 N. 17th Street Boise, Idaho 83702 bmpurdyCihotmail.com X U.S. Mail/ostage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered Arthur Perr Bruder Attorney-Advisor United States Department of Energy 1000 Independence Ave. SW Washington, DC 20585 Arthur. bruderCihg .doe.gov X U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered APPLICA nON FOR INTERVENOR FUNDING OF IDAHO IRRGA nON PUMPERS ASSOCIA nON, INC. - 5 Mr. Dwight Etheridge Exeter Associates 5565 Sterrett Place, Suite 310 Columbia, MD 21044 detheridgetßexeterassociates.com x U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered Steven A. Porter Assistant General Counsel Electricity and Fossil Energy United State Departent of Energy steven.portertßhq .doe.gov U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered Dr. Don Reading 6070 Hil Road Boise, Idaho 83703 dreadingtßmindspring.com X U.S. Mail/ostage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered Peter J. Richardson Gregory M. Adams Richardson & O'Leary, PLLC 515 N 27th Street P.O. Box 7218 Boise, Idaho 83702 petertßrìchardsonandoleary.com gregtßrichardsonando leary.com X U.s. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered Richard E. Malmgren Sr. Asst. General Counsel Micron Techology, Inc. 800 South Federal Way Boise, Idaho 83716 remalmgrentßmicron.com U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered MaryV. York Thorvald A. Nelson Mark A. Davidson Holland & Hart, LLP 6800 S. Fiddlers Green Circle, Ste. 500 Greenwood Vilage, CO 80111 myorktßhollandhart.com tnelsontßhollandhart.com madavidsontßhollandhart.com X U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered APPLICATION FOR INTERVENOR FUNDING OF IDAHO IRRGATION PUMPERS ASSOCIATION, INC.. 6 Thorvald A. Nelson Mark A. Davidson Fred Schmidt Holland & Hart, LLP 6380 S. Fiddlers Green Circle, Suite 500 Greenwood Vilage, CO 80111 tnelson(ßho I landhart.com madavidson(ßhollandhart.com fschmidt(ßhollandhart.com Inbuchanan(ßhollandhart.com John R. Hammond, Jr. Batt Fisher Pusch & Alderman, LLP U.S. Bank Plaza, 5th Floor 101 S. Capitol Boulevard, Suite 500 P.O. Box 1308 Boise, Idaho 83701 i rh(ßbattfisher .com Kurt J. Boehm Boehm, Kurt & Lowery 36 E. Seventh St., Suite 1510 Cincinnati, Ohio 45202 kboehm(ßbklIawfirm.com Kevin Higgins Energy Strategies 215 S. State St., Suite 200 Salt Lake City, UT 84111 khiggins~energystrat.com Benjamin Otto Idaho Conservation League 710 N. Sixth Street (83702) PO Box 844 Boise, Idaho 83701 botto(ßidahoconservation.org Ken Miler Snake River Allance PO Box 1731 Boise, Idaho 83701 kmileríasnakeri verallance .org U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered X U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered X U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered APPLICA nON FOR INTERVENOR FUNDING OF IDAHO IRRGA nON PUMPERS ASSOCIA nON, INC. - 7 ,\ ! Nancy Hirsh, Policy Director NW Energy Coalition 811 pI Ave, Suite 305 Seattle, W A 98104 U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail ~~~-AÉRICL.O EN ~ APPLICA nON FOR INTERVENOR FUNDING OF IDAHO IRRGA nON PUMPERS ASSOCIATION, INC. - 8 EXHIBIT A SUMMARY OF EXPENSES INCURRD BY IRRGATORS IN CASE NO. IPC-E-ll-08 1. Legal Fees: Eric L. Olsen (Partner):39.5 hrs ~ $185.00 $ 7,307.50 Costs: Mileage, Hotel, Meals $ 419.92 Total Work and Costs:$ 7,727.42 2. Consultant Anthony J. Yankel: 182 hrs ~ $125 per hour $22,750.00 Expenses: Travel, room and meals $0.00 Total Work and Costs:$22,750.00 TOTAL FEES AND EXPENSES:$30,477.42