20130618Petition for Intervenor Funding.pdf

Benjamin l. Otto (ISB No. 8292)
710 N 6'h Street
Boise,ID 83701
Ph: [phone] x12
Fax [phone]
[e-mail]
Attorney for the Idaho Conservation League
BEFORT THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE )
APPLICATION OF IDAHO POWER ) ^ -
coMpANy FoR AUTHORTTY TO i cosE No' [PC-E-12-27
MODIFY ITS NET METERING ) -.
sERVrcE AND ro TNCREASE rHE i it"^['3i{,?i[1t I3#foE
GENERATION CAPACITY LrMrT. ) --^'
COMES NOW, the Idaho Conservation League ("ICL"), pursuant to Idaho Code S 6l-6l7Aand,
IDAPA 31.01.01.161-165 with the following application for intervenor funding. On fanuary 15,
2013 in Order No 32716, the Commission granted [CL's intervenor status.
I. Idaho Code S 6l-617A and IDAPA Rule 31.01.01.161 Requirements
Idaho Power Corporation, is a regulated public utility with gross Idaho intrastate, annual
revenues exceeding three million, five hundred thousand dollars ($3,500,000.00).
II. IDAPA Rule 3 1.01 .01.162 Requirements
l.Itemized list of Expenses
The attached Exhibit A is an itemized list of expenses incurred by ICL in this proceeding.
2. Statement of Proposed Findings
ICL asks the Commission to deny three of the four main components of Idaho Power's
application to modifr net metering service and make four findings: First, that Idaho Power's
proposed changes to the net metering rate schedules are unreasonable. Second, that Idaho
ICL Application for Intervenor Funding IIPC-E-12-27 June 18,2013
Power's proposed capacity cap on net metering is arbitrary and unnecessary. Third, that Idaho
Power's proposal to extinguish individual net metering customer's excess energF credits annually
is unreasonable. Fourth, to approve the revised Schedule 72 coveringinterconnection
procedures.
3. Statement Showing Costs
ICL requests $ 17,000 in intervenor funding, as shown in Exhibit A, for witness and legal
costs. Both the hourly rate and hours expended are reasonable for this complex case and inline
with the current range for other intervening parties. ICL's request is rounded down from the
totals shown on Exhibit A for ease of accounting. Idaho Code empowers the Commission to
award intervention costs "to encourage participation at all stages of all proceedings . . . so that all
affected customers receive full and fair representation in those proceedings." I.C. 5 61-617A.
Procedurally, this case began under Modified Procedure, but to more effectively
illuminate the issues, ICL successfully advocated for a more robust process. This process
included a workshop to explain the issues to the wider public and attempt to find a negotiated
resolution. After unsuccessful settlement negotiations, the process included a technical hearing
to fully illuminate the complex cost of service and rate design issues. At each stage, ICL relied on
legal and technical experts to fully and fairly represent the interest of our members and other
customers who opposed Idaho Power's application.
This case presented technical cost of service and rate design issues so ICL retained a
nationally recognized expert in net metering, Mr. R. Thomas Beach. Mr. Beach provided ICL
with an initial analysis of the case, which directly informed ICL's advocacy for a more robust
hearing process. ICL used this initial analysis to present a counter point to Idaho Power's
presentation at the public workshop to fully illuminate the issues for the public and other parties.
Only when settlement talks failed did ICL incur additional cost to develop and present testimony
ICL Application for Intervenor Funding
LPC-E-t2-27 June 18,2013
for the technical hearing. Mr. Beach also assisted ICL to prepare for and participate in the
technical hearing by reviewing the testimony of other parties and preparing cross examination
questions. Mr. Beach's extensive experience reviewing net metering proposals around the
country enabled him to provide top quality advice in a timely manner. Iust as the Commission
Staff and Idaho Power, it is reasonable for ICL to incur cost for technical expertise to fully and
fairly participate in this docket.
ICL also requests legal fees. The Commission's rules require ICL, a non-profit
corporation under I.C. SS 30-3-l - 30-3-134, to be represented by an attorney for any "petitions,
motions, applications for modified procedure or technical/evidentiary hearings." IDAPA
31.01.01.43.02. Like the Commission Staffand Idaho Power, ICL has chosen to employ a full-
time staffattorney instead of relying on outside council. Exhibit A shows the hourly rate and
time spent working directly on this case including reviewing and preparing testimony, submitting
and reviewing extensive discovery requests, coordinating with other parties to avoid duplicating
efforts, and representing ICL at procedural hearings, public workshop, settlement negotiations,
and a technical hearing. Exhibit A reflects only substantial activities directly related to this
docket.
4. Explanation of Cost Statement
ICL is a nonprofit organization supported solely through charitable donations from
foundations and our members. As a nonprofit public advocacy organization, ICL has no direct
financial stake in the outcome of this proceeding. To provide consistent, professional, and
impactful advocacy for our members ICL has chosen to reallocate our budget to dedicate a full-
time, highly trained staffmember to energy issues. The cost of employing and training a full time
staff member is a significant financial commitment for a charitable organization as roughly 75o/o
of our organizational budget is dedicated to employee costs.
ICL Application for Intervenor Funding
IPC-E-12-27 Iune 18,2013
This docket is a prime example of the financial hardship to ICL of fully and fairly
representing our interests before the Commission. Idaho Power filed the case in January and six
months later, the record is closed. Meanwhile, foundation giving cycles typically take one year or
more, and member contributions are inherently uncertain. To effectively represent the interests
of our members ICL must spend money up front for expert witnesses,legal costs, and
reproduction costs. Furthermore, foundations and our members have no obligation to
reimburse these costs. Without the availability of intervenor funding ICL would be unable to
consistently and professionally engage in energy matters that interest a broad range of Idahoans.
5. Statement of Difference
ICL's position differs from the Staff position in three ways. First, Staffinitially supported
using Modified Procedure to resolve the case. Through the formal scheduling hearing ICL
successfully advocated for a more robust procedure including workshops, negotiations, and a
technical hearing. Second, unlike the Staff, ICL proposes the Commission reject any capacity cap
for the net metering program. ICL agrees with Staffand proposes the Commission reject the
proposed rate changes. But ICL's reasoning and support for rejecting this rate proposal is very
different than the Staff. Staffopposes the procedure of changing rate design outside of a general
rate case. ICL opposes the merits of the changes based on our analysis showing that under the
current rate structure net metering customers provide more benefits than costs. The Staff did not
attempt to calculate the benefits of net metering to standard residential customers. ICL's analysis
of the costs and benefits of net metering to standard service customers provides the Commission
with an independent factual basis to reject both the capacity cap and proposed rate changes.
6. Statement of Recommendation
ICL's proposed findings address issues of concern for all of Idaho Power's customers.
Idaho Power alleged that all standard service customers were subsidizing net metering customers.
ICL Application for Intervenor Funding 4
IPC-E-12-27 Iune 18,2013
ICL's analysis shows the opposite, that net metering customers provide an overall benefit to
standard service customers. This issue of cross subsidization concerns all ratepayers, as each
individual is concerned with paylng, or being paid, their fair share. Further, because net
metering reduces customer demands on Idaho Power's generation, transmission, and
distribution system, all customers benefit by avoiding these costs.
7. Statement Showing Class of Customer
Many of ICL's members and supporters are residential customers and small commercial
customers of Idaho Power in Idaho.
WHEREFORE, ICL respectfully requests the Commission grant this application.
DATED this 18th day of ]une 2013.
Respectfully submitted,
/Z --'7ru <--
Benjamin I. Otto
Idaho Conservation League
ICL Application for Intervenor Funding 5IPC-E-12-27 lune 18,2013
ExhibitA
Totals: Legal Fees - $7,247.50 -- 55.75 hours at $130/hour
Witness Fees - $9,8L2.46 -- 31 hours at $300/hour plus travel expenses
Date
Legal Fees for Benjamin f. Otto
Activity Hours
tu4lt2
Lzlr8t12
r2l27l12
uzu13
U25l13
y28lt3
U28lt3y29lt3
U29n3
U30lt3
2lU13
2l15l13
2lr8l13
2l19n3
2120lt3
2120lt3
2127t13
2128l13
3l6lt3
317n3
318n3
3lzvt3
413lt3
4l24lt3
4124lt3
412sn3
4126n3
4129l13
4130l13
sl3l13
sl6l13
sl7l13
5ltol13
slr2l13
sl14lL3
sl20l13
sl3U13
614l13
6lsl13
617l13
6lr0lL3
6lry13
Review IPCO application and testimony; memo to file 1.75
Prepare and file ICL petition to Intervene 0.25
Review Staff discovery request #1; memo to file 0.5
Review IPCO response to Staffdiscovery request #l; memo to file 1.5
Review, sign, and submit protective agreement 0.5
Research FERC jurisdiction, cost-benefit issues; memo to file I.25
Draft ICL discovery request to IPCO 1.25
Prepare and file ICL Motion for Technical Hearing 0.75
Draft ICL discovery request to IPCO 1.25
Finalize and submit ICL discovery request #1 to IPCO 0.5
Conf with T. Beach re: providing expert testimony; Memo to Beach with 0.75
background information
Meeting with intervenors re: issues and positions of each
Review memo from T. Beach re: initial cost-benefit analysis
Conf with T. Beach re: initial analysis and refinements
Review IPCO discovery response to ICL #1; memo to file
Memo to/from J Miller re: Beach report
Conf with intervenors re: case procedure and scheduling
Memo to Beach re: discovery materials, confidentiality, and next steps;
Phone Conf with T. Beach re: same
Prepare case memo for hearing and negotiation
Conf with intervenors Re: prehearing scheduling conference
Review IPCO discovery responses to Staff; memo to file
Attend prehearing conference
Review Staff discovery request to IPCO #3; memo to file
Review IPCO discovery response to Staff#3; Memo to file
Prepare presentation for public workshop
Attend and present at public workshop
Conf with Intervenors re: negotiations; draft memo re: same
Attend Settlement conf
Conf with T. Beach re: testimonl, cos€ schedule; send template
Review IPCO discovery responses to ICEA #1; memo to file
Review T. Beach draft testimony; conf re: same
Review IPCO discovery responses to City #1; memo to file
Complete formatting, compile and file testimony
Review testimony of Staff, ICEA, City, Pioneer; memo to file
Conf with T. Beach re: filed testimony, need for rebuttal
Review IPCo discovery requests to City and ICEA
Review IPCO discovery responses to ICEA #2; Memo to file
Conf with T. Beach re: IPCO rebuttal and cross examination
Conf with Intervenors re: cross examination
Prepare for technical hearing
Prepare for technical hearing
Attend technical hearine
1.5
2.25
0.5
2.2s
0.5
I
0.75
t.75
1
0.25
r.75
0.25
0.5
2.25
3
1.75
2.25
0.7s
0.25
1.5
0.75
4.5
2.5
0.5
0.25
0.25
0.25
1.5
2.25
1.5
5.25
Total hours 55.75
211412013 RlB
2115/2013 RTB
211912013 RlB
212A12013 RrB
ExhibitA
Review ldaho Power lRPt prepare cost/bonefit analysis of NEM.
Prepare cost/benefit analysis of NEM. Review ldaho Power GRC data on marginal
transmission costs.
Confer with B6n Otto on NEM analysis. Revise analysis to rellect correct marginal
transmission costs.
Confer with Ben Otto on next steps, discovery responses. Send him confidentiality signature
Hrs/Rate Amount
3.00 900.00
300.00/hr
3.50 1,050.00
300.00/hr
1.25 375.00
300.00/hr
0.25 75.00
300.00/hr
8,00 2,400,001
8.00
SUBTOTAL:
For professional servic6s rendered
ldeho PMr NEM CeE6
413012013 RTB Confsr wlth Ben Otto on testimony. Reviow t€stimony templato; anal)6is of ldaho Porvor NEM coGts
and benefits.
5l4li2013 RTB Draft tostimony on costs and bsnofits of solar PV for ldaho Pil€r.
5/5/2013 RTB Draft tostmony; send draft to B6n Otto. Work on tablos and numbors. Reviso capacity valu€ of solar.
5/612013 RTB Review initial odits to testimony; s6nd rovisions to Bon Otto.
5nno13 RTB Review final tostimony; send nots to Bsn Otto. Modify Tablo 2. R6viw City of Bois€ draft testimony.
511N2013 RTB Confer with B€n Otto on fil6d testimony; r€vi€u,.
SUBTOTAL:
For prof€ssional soMcss r€nder€d
61412013 RTB Conferwith Ben Otb on cross bpics. Rsvisw rebuttal bsfors call.
61512013 RTB Call ondosstoplca. Reviewrebuttal beforecall. ReviewCPUCo(cessgenord€r.
611W2013 RTB Prcpare fur hoaring in Boiso. Roviewfilod testifmony. Sond CPUC excess genoration orderto Ben
Otto.
611112013 RTB Attond hearing in Boiso. Tostiry. Assist in qoss-€xamination of IPC wifiesses. Conferwith Ben Otto.
For professional soMces lenderod
Additional Charges :
Moals/M€etings
Pa.king/Tolls
Travel E)psnsos
Total costs
Total amount of this bill
Hrs/Rate
$2,400.00
Amount
1.00 3q).00
3fi).(xyhr
4.50 1,350.00
3(x).qYhr
3.50 1,050.00
300.00/hr
1.50 450.00
3fi).ouhr
'1.50 /f50.fi)
3fl).00/hr
1.00 300.00
3fl).00/hr
13.00 3,900.001
13.00
Hrs/Rato
0.75
300.00/hr
1.75
300.00/hr
2.25
3(X).fi)/hr
5.2s
300.00/hr
$3,900.00
Amdrnt
225.OO
525.00
675.00
1,575.00
10.00 $3,000.00
5.66
.14.00
46,2.80
$512./to
s3.512.46
CERTIFICATE OF SERVICE
I certifr that on the 18th day of June 2013,I delivered true and correct copies of
the foregoing APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO
CONSERVATION LEAGUE to the following persons via the method of service noted:
Hand delivery:
Jean Jewell
Commission Secretary (Original and seven copies)
Idaho Public Utilities Commission
427 W. Washington St.
Boise,ID 83702-5983
Electronic Mail:
Lisa D. Nordstrom
Regulatory Dockets
Matt Larkin
Greg Said
Idaho Power Company
P.O. Box 70
Boise,Idaho 83707
[e-mail]
dockets@idahopower. com
[e-mail]
[e-mail]
PowerWorks. LLC
Chris Aepelbacher, Project Engineer
5420W. Wicher Road
Glenns Ferry, Idaho 83623
[e-mail]
Pioneer Power. LLC
Peter |. Richardson
Richardson & O'Leary
515 N. 27 thSt
Boise,Idaho 83702
[e-mail]
John Steiner
24597 Collett RD
Oreana, Idaho 83650-5070
[e-mail]
City of Boise
R. Stephen Rutherford
City of Boise City, Idaho
P.O. Box 500
Boise,ID 83701-0500
BoiseCityAttorney@cityofboise. org
John R. Hammond, Jr.
Batt Fisher Pusch & Alderman, LLP
P.O. Box 500
Boise,ID 83701
[e-mail]
Idaho Clean Energy Association
Dean J. Miller
McDevitt & Miller, LLP
P.O. Box 2564-83701
Boise,Idaho 83702
j [e-mail]
Snake River Alliance
Ken Miller
Clean Energy Program Director
Snake River Alliance
P.O. Box 1731
Boise,ID 83701
kmiller@snakeriveralliance. org
H:;cfu--
Benjamin J. Otto
CERTIFICATE OF SERVICE IPC-E-t2-27