20131223intervenor_funding_final_order_no_32956.pdf

Office of the Secretary
Service Date
December 23,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER )
COMPANY’S APPLICATION FOR A )CASE NO.IPC-E-13-16
CERTIFICATE OF PUBLIC CONVENIENCE )
AND NECESSITY FOR THE INVESTMENT )
IN SELECTIVE CATALYTIC REDUCTION )ORDER NO.32956
CONTROLS ON JIM BRIDGER UNITS 3 )
AND4.)
On June 28,2013,Idaho Power Company filed an Application with the Commission
for a Certificate of Public Convenience and Necessity (CPCN)pursuant to Idaho Code §61-
526 through 528 and 61-541.The Company requested authorization of its investment in
Selective Catalytic Reduction (SCR)controls in Jim Bridger Units 3 and 4 and inclusion of the
investment in Idaho Power’s rate base once the SCR controls are installed and operational.
The Idaho Conservation League (ICL),Industrial Customers of Idaho Power (ICIP,
Industrial Customers)and Snake River Alliance (SRA,Alliance)petitioned for,and were
granted,intervention.Testimony was filed and a technical hearing was conducted on November
7,2013.Legal briefs were submitted by the parties on November 15 and a public hearing was
held on November 25,2013.On December 2,2013,the Commission issued Order No.32929
granting in part and denying in part the Application of Idaho Power for a Certificate of
Convenience and Necessity regarding its investment in Selective Catalytic Reduction (SCR)
controls in Jim Bridger Units 3 and 4.
On November 26,2013,Snake River Alliance petitioned for intervenor funding in the
amount of $16,451.30.By this Order,we grant SRA’s request for intervenor funding.
THE PETITION
Intervenor funding is available pursuant to Idaho Code §61-617(A)and Commission
Rules of Procedure 161 through 165.Section 61-617(A)(1)declares that it is “the policy of
[Idaho]to encourage participation at all stages of all proceedings before this commission so that
all affected customers receive full and fair representation in those proceedings.”The statutory
cap for intervenor funding that can be awarded in any one case is $40,000.Idaho Code §61-
617A(2).Accordingly,the Commission may order any regulated utility with intrastate annual
revenues exceeding $3.5 million to pay all or a portion of the costs of one or more parties for
ORDER NO.32956 1
legal fees,witness fees and reproduction costs not to exceed a total for all intervening parties
combined of $40,000.
Rule 162 of the Commission’s Rules of Procedure provides the form and content
requirements for a petition for intervenor funding.The petition must contain:(1)an itemized
list of expenses broken down into categories;(2)a statement of the intervenor’s proposed finding
or recommendation;(3)a statement showing that the costs the intervenor wishes to recover are
reasonable;(4)a statement explaining why the costs constitute a significant financial hardship
for the intervenor;(5)a statement showing how the intervenor’s proposed finding or
recommendation differed materially from the testimony and exhibits of the Commission Staff;
(6)a statement showing how the intervenor’s recommendation or position addressed issues of
concern to the general body of utility users or customers;and (7)a statement showing the class
of customer on whose behalf the intervenor appeared.
Snake River Alliance (SRA,Alliance)is a not-for-profit Idaho corporation that
promotes the use of clean energy resources.SRA supports energy efficiency and other demand-
side resources as well as renewable energy development while also working to reduce utility
reliance on traditional fossil fuel supply-side resources.The Alliance provided an itemized list
of expenses totaling $16,451.30.The Alliance is not seeking intervenor funding for the time
expended by its witness,Ken Miller.
In its Petition,SRA states that,through written testimony,cross-examination and
post-hearing briefing,it contributed a perspective to this case that would not otherwise have been
presented.SRA explains that its view differed from Commission Staff in that SRA opposed both
the request for a CPCN and binding ratemaking treatment under Idaho Code §61-541.The
Alliance maintains that it presented detailed factual,policy and legal arguments in support of its
position.
SRA states that its source of income is derived through grants from foundations
interested in environmental issues,dues from members and contributions from the public.The
Alliance asserts that its participation in this case was not included as part of its 2013 budget.
However,the Alliance felt its participation was essential to represent the interests of its members
and the overall public interest in clean energy.Petition,Affidavit of Liz Woodruff at 2.SRA
states that absorbing the legal fees associated with its representation in this case would result in
an enormous financial hardship.
ORDER NO.32956 2
$RA maintains that its position addressed issues of concern to the general body of
utility users and customers because Idaho Power’s continued reliance on coal-fired generation
poses significant economic and environmental risks to customers and residents.The Alliance
states that,although the members of its organization are primarily residential customers,the
Alliance’s advocacy benefited all customers of Idaho Power.SRA’s attorney voluntarily agreed
to reduce his hourly rate for legal services from $250 to $200 per hour based on SRA’s limited
financial resources and the public interest nature of his representation in this case.SRA asserts
that $200 per hour is reasonable based on the knowledge and experience of its legal counsel.
FINDINGS AND CONCLUSIONS
The Commission has reviewed the Petition for Intervenor funding filed by Snake
River Alliance.We find that SRA contributed to discussions,debate,testimony and legal
analysis through briefing.The Alliance presented important perspectives that materially
contributed to the Commission’s decision-making in this case.Specifically,SRA presented
testimony and cross-examination regarding the uncertain regulatory climate that prompted
meaningful discussion regarding the unknown future costs of maintaining coal-fired generation.
The Commission finds that SRA’s participation contributed to our deliberations in
this matter and presented positions different from that of Staff and utility witnesses.We further
find that $16,451.30 is a reasonable amount in costs and fees based on SRA’s level of
participation at all phases of this proceeding and that these costs would otherwise amount to a
financial hardship for the organization.Therefore,we find that it is just and reasonable to grant
SRA intervenor funding in the amount of $16,451.30.Pursuant to Idaho Code §61-617A(3),the
amount awarded to SRA shall be recovered from all of Idaho Power’s customers.
ORDER
IT IS HEREBY ORDERED that Snake River Alliance’s request for intervenor
funding in the amount of $16,451.30 is granted.Idaho Power is directed to remit this amount to
SRA within 28 days from the date of this Order and as more specifically described herein.
IDAPA 3 1.01.01.165.02.
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsideration within twenty-one (21)days of the service date of this Order.Within seven (7)
days after any person has petitioned for reconsideration,any other person may cross-petition for
reconsideration.Idaho Code §61-626.
ORDERNO.32956 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this Z3
day of December 2013.
PAUL KJELLA D ,P SIDENT
MACK A.REDFORD,COMMISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
O:IPC-E-13-16_ks5_Intervenor Funding
ORDER NO.32956 4