20170825Petition for Intervenor Funding.pdf

Brad M. Purdy
Attorney At Law
2019 N. 17th St
Boise,ID 83702
(208)384-t2ee
bm purdlz(Ohotmai l. corn
August 25,2017
Ms. Diane Holt
Commission Secretary
472W. Washington St.
Boise,ID 83702
[e-mail]
RE: Case No. IPC-E-17-03
Dear Ms. Holt:
Enclosed please find CAPAI's petition for intervenor funding which is being filed one day late.
Per my earlier correspondence, I have been suffering from an increasingly severe case of
pneumonia requiring immediate medical attention. Consequently, the filing of this petition for
intervenor funding on behalf of CAPAI is one day late.
My apologies for this late filing and I appreciate the Commission's consideration.
Sincerely,
:i:l\i:i]Brad M. Purdy
Attomey atLaw
Bar No. 3472
2019 N. lTth St.
Boise, lD. 83702
[phone] (Land)
(208) 484-9e80 (Cell)
bmpurdv@)hotmail.com
Attorney for Petitioner
Community Action Partnership
Association of Idaho
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR A
DETERMINATION OF 2016 DEMAND-SIDE
MANAGEMENT EXPENDITURES AS
PRUDENTLY INCURRED.
CASE NOS. IPC-E-I7-03
COMMLINITY ACTION
PARTNERSHIP ASSOCIATION' S
PETITION FOR INTERVENOR
FLINDING
I. INTRODUCTION
COMES NOW, the Community Action Partnership Association of Idaho (CAPAI) and,
pursuant to Idaho Code $ 6l-617A and Rules 161-165 of the Commission's Rules of Procedure,
IDAPA 31.01.01.161-165, petitions this Commission for an award of intervenor funding in the
above- captioned proceeding.
II. BACKGROUND
On March 15,2017,Idaho Power Company ("ldaho Power" " Company") filed an
Application, along with testimonies, supporting documents, and Reply Comments (filed later)
seeking an Order from the Commission that the Company's investment in its Demand Side
Management (DSM) portfolio for the year 2076 was prudent. The Commission ordered that the
CAPAI'S PETITION FOR INTERVENOR FUNDING 1
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Application was set to be processed under modified procedure. CAPAI intervened and timely
filed comments on March 30,2017 with a minor revision filed on April 3, 2017. Although the
Idaho Conservation League timely intervened in this case, it did not file comments in response to
the Company's filing.
III. EXTENUATING CIRCUMSTANCES
The undersigned notes, and hereby attests, that he has been suffering from an
increasingly severe case of pneumonia and, consequently, this Petition lacks the normal detail
contained in pleadings of this nature. Having said that, the undersigned will gladly provide any
additional information that the Commission deems necessary.
IV CAPAI'S COMMENTS ON IDAHO POWER'S
LOW INCOME PROGRAM
CAPAI limited its comments to Idaho Power's Low Income Weatherization Assistance
program (WAQC). In that respect, CAPAI raised a number of points and made numerous
suggestions and proposals contained in its comments. Until the undersigned recuperates, said
comments must suffice for a more detailed statement of CAPAI's involvement in this case.
CAPAI's Recommendations
To the extent that the comments of this Petition previously filed contain
recommendations, they are incorporated herein by reference.
V. PROCEDURAL REQUIREMENTS
Rule 161 Requirements:
Idaho Power is a regulated, electric public utility with gross Idaho intrastate annual
revenues exceeding three million, five hundred thousand dollars ($3,500,000.00).
Rule 162 Requirements:
(01) Itemized list of Expenses
CAPAI'S PETITION FOR INTERVENOR FUNDING 2
Consistent with Rule 162(01) of the Commission's Rules of Procedure, an itemized list of
all expenses incurred by CAPAI in this proceeding is attached hereto as Exhibit "A."
(02) Statement of Proposed Findings
CAPAI's statement of proposed findings are set forth in its previously filed comments.
(03) Statement Showing Costs:
CAPAI fully participated in every aspect of this proceeding from start to finish and
provided input and asserted issues not raised by Staff and other parties. CAPAI's participation is
summarized throughout its comments. For the reasons stated throughout this Petition and the
aforementioned comments, CAPAI respectfully submits that the costs it seeks to recover and set
forth in Exhibit A, are reasonable in amount.
CAPAI seldom can afford to retain an outside expert witness and does so only in
particularly technical proceedings. In this regard, CAPAI relies heavily on its Executive
Director, Christina Zamora, for all technical and policy aspects of this and any other IPUC case
that CAPAI intervenes in. In that and many other respects, Ms. Zamorais a highly-qualified
expert who contributes substantial amounts of time and resources so that CAPAI is able to
meaningfully participate in these cases and provide the Commission with unique and valuable
perspective and information. Were CAPAI to track and bill her hours at anything remotely
resembling a modest market rate as an outside expert witness, CAPAI's funding requests would
increase signi fi cantly.
Finally, CAPAI notes that its legal counsel has nearly three decades of experience in public
utility law, one of the most highly specialized fields in the legal profession. Hourly rates for an
attorney with commensurate experience in such a specialized area of practice in this market are
at least 2-3 times what CAPAI seeks for recovery in its intervenor funding request.
CAPAI'S PETITION FOR INTERVENOR FUNDING J
Furthermore, in the roughly fourteen years that CAPAI's legal counsel has
represented CAPAI in PUC proceedings, his rate has increased only 2-3 times and, even
then, the total increase over fourteen years has been $50/hour and remains at an hourly
rate fairly representative of what first year attorneys bill in the Boise, Idaho area.
Based on the foregoing, CAPAI respectfully submits that the costs incurred and requested
in this Petition are reasonable in amount.
(04) Explanation of Cost Statement
CAPAI is a non-profit corporation overseeing a number of agencies who fight the causes
and conditions of poverty throughout Idaho and has relatively little "discretionary" funds
available for all projects, including participating in IPUC proceedings. CAPAI notes that it has
no choice but to minimize its expenses and maximize the effect that its involvement has in
proceedings before the Commission in light of its limited financial resources for this type of
effort. Thus, CAPAI must adopt a resourceful approach using what limited resources that are at
its disposal.
CAPAI's sole source of funding to cover the costs of intervention before this
Commission is the LIHEAP program. CAPAI's LIHEAP budget is limited and if recent years
serve as any indication, uncertain as to its future levels. In addition, CAPAI is subject to certain
federal limitation in terms of the manner in which it spends its LIHEAP funds. This,
unfortunately, limits the scope of issues that CAPAI is financially able to become involved in.
Finally, CAPAI has no monetary stake in the outcome of this or any other proceeding
before the Commission in the sense that it does not represent for-profit businesses or advocacy
groups representing industry interests. Rather, CAPAI is a voice for the low income ratepayers
of Idaho Power and all other fully regulated utilities in Idaho.
CAPAI'S PETITION FOR INTERVENOR FUNDING 4
Thus, were it not for the availability of intervenor funds and past awards by this
Commission, CAPAI would not be able to participate in IPUC cases representing an important
and otherwise unrepresented and growing segment of regulated public utility customers. Even
with intervenor funding, participation in Commission cases constitutes a significant financial
hardship because CAPAI must pay its expenses as they are incurred, not if and when intervenor
funding becomes available.
(05) Statement of Difference
CAPAI was the only party to address the Company's low income programs in significant
detail and to propose a finding by the Commission that there no longer is a moratorium on future
increases in Avista's low income programs depending upon circumstances at the time.
Consequently, CAPAI's position differed materially from that of Staff s for purposes of
intervenor funding requirements.
(06) Statement of Recommendation
Idaho Power's low income customers constitute a significant and increasing segment of
the Company's residential ratepayers. In today's increasingly challenging economic times, issues
affecting low income public utility ratepayers also become increasingly important. To the extent
that low income customers are unable to reduce their energy consumption due to limited
financial and other means and to the extent that the poor are most vulnerable to disconnection
due to inability and failure to pay their bills, this clearly and positively affects the general body
of Idaho Power' customers through, among other things, the reduction of bad debt expense,
collection costs, and the lost revenue from customers who cannot afford to pay their electric
bills.
(07) Statement Showing Class of Customer
CAPAI'S PETITION FOR INTERVENOR FUNDING 5
To the extent that CAPAI represents a specific customer class of Idaho Power, it is the
residential class.
RESPECTFULLY SUBMITTED, this 25thday of August, 2017.
M.
6CAPAI'S PETITION FOR INTERVENOR FUNDING
EXHIBIT ..A'
ITEMIZED EXPENSES
CAPAI'S STATEMENT SHOWING COSTS
Case IPCE-16-17
Review of Idaho Power's Application . Analyze case, numerous meetings and teleconferences
wlC. Zamora to initially identiff issues and construct case strategy.
Brad Purdy
Christina Zamora
5.5 hrs. @ ($150.00) $82s.00
2.0 hrs. @ ($8s.00) $170.00
TOTAL FEES AND COSTS $99s.00
7CAPAI'S PETITION FOR INTERVENOR FUNDING