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Home My WebLink About20150701Application for Intervenor Funding.pdfBenjamin I. Otto (ID Bar # 8292) 710 N 6'h Street Boise,ID 83701 Ph: (208) 345-6933x12 Fax (208) 344-0344 botto@idahoconservation. org Attorney for the ldaho Conseruation League BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER COMPANY'S PETITION TO MODIFY TERMS AND CONDITIONS OF PURPA PURCHASE AGREEMENTS IN THE MATTER OF AVISTA CORPORATION'S PETITION TO MODIFY TERMS AND CONDITIONS OF PURPA PURCHASE AGREEMENTS IN THE MATTER OF ROCKY MOUNTAIN POWER COMPANY'S PETITION TO MODIFY TERMS AND CONDITIONS OF PURPA PURCHASE AGREEMENTS CASE NO. IPC-E-I5-01 CASE NO. AVU-E-Is-OI CASE NO. PAC-E-T5.03 IDAHO CONSERVATION TEAGUE AND SIERRA CIUB APPLICATION FOR INTERVENOR FUNDING COMES NOW, the Idaho Conservation League ("ICL") and the Sierra Club, pursuant to Idaho Code $ 6l-617A and IDAPA 31.01.01.161-165 with the following application for intervenor funding. ICL and Sierra Club are intervenors in this case pursuant to Order No.33222 and33239 respectively. This application is timely pursuant to the Commissions instruction at the technical hearing to submit such applications by July 10, 2015. I.Idaho Code S 61-617,4' and IDAPA Rule 31.01.01.161 Requirement Avista Corporation,Idaho Power Corporation, and Rocky Mountain Power are all regulated public utilities and each have gross Idaho intrastate, annual revenues exceeding three ICL/SC Application for Intervenor Funding I IPC-E-15-01; AVU-E-15-01; PAC-E-15-01 July 1,2015 million, five hundred thousand dollars ($3,500,000.00). Because the three utilities presented a united front in this case, ICL proposes the Commission allocate the responsibility for any intervenor funding award based on a proportional share of the total number of Idaho customers served by each utility. See Order No. 32697 at 51. II. IDAPA Rule 31.01 .01.162 Requirements 1. Itemized list of Expenses The attached Exhibit A is an itemized list of expenses incurred by ICL and Sierra Club in this proceeding. Pursuant to page 14 of Order No. 32910, Exhibit A indicates the amount of hours spent on investigating the Application and direct testimony of Idaho Power, conducting discovery, preparing and filing the direct and rebuttal testimony of Mr. Beachr, reviewing the direct and rebuttal testimony of other parties and preparing for cross examination of witnesses, responding to the Staff and Idaho Power Motions to Strike, and participating in the hearing. 2. Statement of Proposed Findings ICL and the Sierra Club propose the Commission maintain the 2O-year contract term and adopt a change to the contracts to include an adjustment to the energy component of the rate after year l0 for remainder of the contract term. Also, ICL asks the Commission to grant this request for intervener funding. 3. Statement Showing Costs ICL and Sierra Club requests $9650 in intervenor funding, as shown in Exhibit A and rounded down for ease ofaccounting. Both the hourly rate and hours expended are reasonable for this complex case and in line with the current range for other intervening parties. ICL and ' Because he provided his service pro bono, ICL and Sierra Club do not request Intervenor funding for Mr. Wenner. ICL/SC Application for Intervenor Funding 2 IPC-E-1 5-01 ; AVU-E-1 5-01 ; PAC-E-l 5-01 July 1,2015 Sierra Club does not request any reproduction fees, although the rules so allow and the amount of paper produced in this case was substantial. We do not request any travel costs. This case covered a complex and technical issue and required reviewing and responding to the fillings of all three utilities, Commission Staff, and several other parties. To uncover the facts, we reviewed the extensive discovery requests in this docket and submitted our own discovery. We retained a nationally recognized expert, R. Thomas Beach, to prepare direct and rebuffal testimony and appear at the technical hearing.2 We prepared a response to Staff and Idaho Power's Motion to Strike Mr. Wenner's testimony. Council for ICL was an active participant in the technical hearing. For each of these efforts we endeavored to limit the number of hours expended to the maximum extent possible. We request an hourly rate for both counsel and Mr. Beach that is in line with Order No. 32846. ICL dedicated far more hours than reflected in the Cost Statement and the rate we request for Mr. Beach is only 60% of his hourly rate. For all these reasons our request is reasonable. 4. Explanation of Cost Statement ICL and Sierra Club are both nonprofit organizations supported solely through charitable donations from our members and foundations. In this proceeding, we represent our members and supporters who are ratepayers of all three Idaho investor owned utilities, as well as those who have an interest in promoting renewable energy throughout Idaho. To provide consistent, professional, and impactful advocacy for our members and supporters ICL and dedicated a full- time, highly trained staff member to work solely on energy issues. The cost of employing and training this staff member is a significant financial commitment for a charitable organization. Because of the complexity of the issues, and to present the Commission with the best possible 'Mr Wenner provided his services pro bono so we do not request funding for his time. ICL/SC Application for Intervenor Funding 3 IPC-E-15-01; AVU-E-15-01; PAC-E-15-01 July 1,2015 evidence, we retained the services of nationally known experts in the field. To keep costs reasonable we were able to secure Mr. Wenner's assistance pro bono and negotiated a substantial discount from Mr. Beach's normal rate. Because charitable contributions are inherently unstable, the availability of intervener funding is essential for ICL and the Sierra Club to participate in these proceedings. Our groups have no pecuniary interest in the outcome of this case; rather we dedicated our time and resources to represent the interests of our 25,000 supporters around the state who have a strong interest in a robust clean energy industry in Idaho. 5. Statement of Difference ICL and Sierra Club's proposed findings are materially different than the Staff, who take the position that all long-term avoided cost forecasts are inaccurate, that fixed price contract do not benefit customers, and propose a five year contract term. Our direct and rebuttal testimony, explains the outlines of PURPA's requirements, the benefit to ratepayers of long-term, fixed price contracts, and we propose a solution to balance the reasonable implementation of PUPRA with protecting ratepayers. We further illuminated this material difference at the hearing during cross-examination and closing statements. Our participation provides a detailed counterpoint to the Staff position in this case so that the Commission has a complete and robust record on which to base it's decision. 6. Statement of Recommendation ICL and Sierra Club's proposed findings address issues of concem for all customers of all three Idaho investor owned utilities. All customers, regardless of class, share a strong interest in ensuring Idaho utilities acquire power pursuant to rules and methodologies that are fair, accurate, and conform to applicable laws. Accordingly, our participation in the case outlines the ICL/SC Application for Intervenor Funding IPC-E-1 5-01 ; AVU-E-1 5-01 ; PAC-E-l 5-01 July 1,2015 Commission's discretion when implementing the PURPA law and regulations, the accuracy of the current avoided cost model, and the benefits to customers of long-term, fixed price contracts. Our final recommendation is designed the balance the competing interests embodied in PURPA----encouraging the development of qualiffing facilities while ensuring all customers pay accurate costs for energy and capacity. Our organizations do not have a monetary interest in developing qualifuing facilities; rather we participated in this case to raise issues that concern all customers--ensuring a proper and fair implementation of PURPA. 7. Statement Showing Class of Customer Our individual members and supporters are residential and small commercial customers of all thee Idatro investor owned utilities. WHEREFORE,ICL respectfully requests the Commission grant this application. DATED this lst day of |uly 2015. Respe Benjamin J. Otto Idaho Conservation League ICL/SC Application for Intervenor Funding IPC-E-l 5-01 ; AVU-E-1 5-01 ; PAC-E- I 5-01 ully submitted, July 1,2015 Exhibit A Cost Statement for Idaho Conservation League and Sierra Club Investigating Idaho Power's application and direct testimony Reviewing the direct and rebuttal testimony of other parties, prepare cross Benjamin J Otto (council for ICL): 2.5 hours @ $135 R Thomas Beach: 1.5 hours @ $135 Reviewing discovery by all parties, drafting ICL/SC discovery Benjamin J Otto (council for ICL): 4.5 hours @ $135 R. Thomas Beach:2.5 hours @ $135 Preparing and filing the direct and rebuttal testimony of Mr. Beach Benjamin J Otto (council for ICL): 2.5 hours @ $135 R. Thomas Beach: 36 hours @ $135 Benjamin J Otto (council for ICL): 6.5 hours @ $135 R. Thomas Beach: 2.5 hours @ $135 Responding to the Staff and Idaho Power motions to strike Benjamin J Otto (council for ICL): 4 hours @ $135 Participating in the technical hearing of June 29 - 30 ICL/SC Application for Intervenor Funding IPC-E-l 5-01 ; AVU-E-l 5-01 ; PAC-E-15-01 $337.s0 $202.s0 $607.s0 $337.s0 $337.s0 $4860.00 $877.s0 $202.s0 $540.00 Benjamin J Otto (council for ICL): l0 hours @ $t:S $1350.00 Total: $9652.50 July 1,2015 CERTIFICATE OF SERVICE I hereby certiry that on this lst day of )uly 20I5,I delivered true and correct copies of the APPLICATION FOR INTERVENOR FUNDING on behalf of the Idaho Conservation League and the Sierra Club the following persons via the method of service noted: Hand Delivery: Yvonne.hogel @pacifi corp. com Ted.weston@pacifi corp.com datarequest@pacificorp. com J.R. Simplot Corp & Clearwater Paper Peter J. Richardson Gregory M. Adams Richardson Adams, PLLC 515 N. 27th Street Boise,lD 83702 peter@richardsonadams. com greg@richardsonadmas. com Dr. Don Reading 6070 Hill Road Boise,ID 83703 dreading@mindspring. com Carol Haugen, Clearwater Paper Carol.haugen@clearwater. com Twin Falls Canal, Northside Canal, American Falls Reservoir District No 2. C. Tom Arkoosh Arkoosh Law Offices 802 W. Bannock St Ste. 900 P.O. Box 2900 Boise,ID 83701 Tom. arkoo sh@arkoosh. com Erin.cecil@arkoosh.com Intermountain Energt P artners Dean J. Miller McDevitt & Miller LLP 420W. Bannock Street PO Box 2564-83701 Boise,lD 83702 j oe@mcdevitt-miller.com Jean Jewell Commission Secretary Idaho Public Utilities Commission 42TW.Washington St. Boise,ID 83702-5983 (Original and seven copies provided) Electronic Mail: Idaho Power Donovan E. Walker Regulatory Dockets Idaho Power Company l22l West Idaho Street P.O. Box 70 Boise, ID 83707 dwalker@idahopower. com dockets@idahopower. com Avista Michael G. Andrea, Senior Counsel Clint Kalich Avista Corporation 1411 E. Mission Ave, MSC-23 Spokane, WA99202 Michael. andrea@avistacorp. com Clint.kalish@avistacorp. com Roclqt Mountain Power Yvonne R. Hogle Daniel Solander Ted Weston Rocky Mountain Power 201 S. Main Street, Ste 2400 Salt Lake Ciry, UT 84111 Daniel. solander@pacifi corp. com Leif Elgethun, PE, LLE AP Intermountain Energy Partners PO Box 7354 Boise, lD 83707 leif@sitebasedenergy. com Idaho lrrigation Pumpers Association Eric L. Olsen Racine, Olson, Nye, Budge & Bailey, Chartered P.O. Box 1391 201E. Center Pocatello, lD 83204 elo@racinelaw.net Anthony Yankel 29814 Lake Road Bay Village, OH 44140 tony@yankel.net Micron Technologlt Richard Malmgren Assistant General Counsel Micron Technology Inc. 800 South Federal Way Boise,ID 83716 remalmgren@micron.com Frederick I Schmidt Pamela S Howland Holland & Hart LLP 377 S. Nevada St. Carson City, NV 89703 fschmidt@hollandhart. com phowland@holandhart. com Amalgamated Sugar Scott Dale Blickenstaff Amalgamated Sugar Co LLC 1651 S. Saturn Way, STE 100 Boise, Idaho 83702 sblickenstaff@amalsugar. com Ren ew able En er gy C o aliti o n Ronald L. Williams Williams Bradbury, P.C. 1015 W. Hays St. Boise,Idaho 83702 ron@williamsbradb ury. com Irion Sanger Sanger law, P.C. 1117 SW 53'd Avenue Portland, OR972l5 irion@sinager-law.com Agpower DCD, LLC and Agpower Jerome, LLC, Andrew Iackura Sr. Vice President North America Development Camco Clean Energy 9360 Station Street. Suite 375 Lone Tree, CO 80124 Andrew. j ackura@camcocleanenergy. com Dean J. Miller McDevitt & Miller LLP 420W. Bannock Street PO Box 2564-83701 Boise,lD 83702 j oe @mcdevitt-miller. com EcoPlexus,Inc John R. Hammond,lr. Fisher Pusch LLP 101 s. capitol Blvd., suite 701 Boise ID 83702 jrh@fischerpusch.com Iohn Gorman Ecoplexus,Inc. 650 Townsend Street, Suite 310 San Fransisco, CA 94103 johng@ecoplexus.com Benjamin I. Otto