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Home My WebLink About20180323King Affidavit.pdfRECEIVED 2t)l8HAR23 ptf t:19Preston N. Carter (ISB No. 8462) Deborah E. Nelson (ISB No. 57ll) Givens Pursley LLP 601 W. Bannock St. Boise, ID 83702 Telephone: (208) 388-1200 Facsimile: (208) 388-1300 prestoncarter@ eivenspursl ey. com den@ givenspursley. com 14132709 _l.docx I I I 523-2] Attorneys for ldaho Clean Energy Association, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION i l;a'-lrr '-ll3SlCi\j IN THE MATTER OF IDAHO POWER COMPANY' S APPLICATION FOR AUTHORITY TO ESTABLISH NEW SCHEDULES FOR RESIDENTIAL AND SMALL GENERAL SERVICE CUSTOMERS WITH ON-SITE GENERATION AFFIDAVIT oF KEVTN KING - I Case No. IPC-E-I7-13 Arpro.tvrr oF KEVrN KrNc IN SuproRr Or Io.nno CI,nll ENnncv AssocrauoN, INC.'s Rnqunsr ron INrnRvnNoR FUNDTNG STATE OF rDAHO ) )ss. County of Ada ) Kevin King being first duly sworn on oath deposes and states as follows: 1. I am the owner of several solar energy companies in Idaho, which are members of the Idaho Clean Energy Association, Inc. ("ICEA"). I have been an active mernber of ICEA's Board since January 2013 and started the solar task force in February 2015. 2. ICEA is a 501(c)(3) non-profit organization dedicated to, among other things, providing a collaborative forum for Idaho's diverse renewable energy and energy efficiency business community and to pursuing other objectives related to the advancement of clean energy in Idaho. ICEA is a relatively new organization. Most of the ICEA members are small businesses ORIGINAL who have not previously budgeted for participation in regulatory proceedings. ICEA business members cannot easily raise prices for their services to cover the cost of participating in regulatory proceedings. Also among its membership are individuals and consumers who support renewable energy. 3. In total, ICEA is requesting recovery of $30,000 in intervenor funding. These expenses are explained below. 4. ICEA retained Arkoosh Law Offices to provide legal representation in this matter. ICEA had to seek donations in order to raise sufficient funds to meet the firm's $5,000 retainer, and then to continue seeking donations to fund the ongoing legal expenses. ICEA incurred more than $25,000 of expenses to Arkoosh Law Offices, including fees associated with filing the Motion to Dismiss. The Motion to Dismiss was filed, in part, to avoid having to incur yet more expenses in this proceeding, which raised issues similar to those in2012, in which ICEA also participated. A summary of the legal fees of Arkoosh Law Offices incurred by ICEA are attached as Exhibit l. 5. With regard to the fees incurred by Arkoosh Law Offices, ICEA is requesting recovery of $15,000 to reflect the limits of intervenor funding. The blended rate for work performed by Arkoosh Law Offices was approximately $250/hour. 6. ICEA consolidated representation with Auric Solar in December 2017, in part to increase efficiency and reduce cost. ICEA worked closely with Givens Pursley to manage costs. A summary of Givens Pursley's fees are attached as Exhibit I to the Affidavit of Preston N. Carter. ICEA incurred approximately $15,000 in fees from Givens Pursley and is requesting recovery of these fees. It is my understanding that this $15,000 reflects significant write-offs and work performed at no charge to keep expenses within budget. Arrroevn oF KEVrN KNG - 2 7. The fees incurred by ICEA, although reduced to reflect the limits of intervenor funding, were reasonable and necessary. Although ICEA does not know the total costs incurred by Idaho Power in the proceeding, the outside expert retained to solely file rebuttal testimony and attend the hearing had a budget of $100,000 and an hourly rate of $550/hour. This provides a useful benchmark in assessing the reasonableness of fees incurred by other parties. 8. These proceedings, particularly just 5 years after a proceeding that addressed similar issues, are and continue to be a significant hardship to ICEA. ICEA cannot expend even close to the amount of financial resources that Idaho Power has in these proceedings, but it has no choice but to represent its and its members' interests to the best of its ability. 9. ICEA recognized at the beginning of the proceedings that the organization could not afford to hire witnesses to testify on behalf of the organization. ICEA reduced costs by relying on volunteer witnesses and other volunteers to assist in analyzing and preparing the case. 10. ICEA relies solely on donations from its members. At this time, the size of the industry which ICEA actively represents is small relative to the ad hoc costs of funding legal representation. Significant growth in the industry would provide a greater platform to fund the costs of representation during regulatory proceedings. I l. For the foregoing reasons the costs incurred by ICEA constitute a significant financial hardship for ICEA. /t il AFFIDAVIT oF KEVIN KINC. 3 Dated: March ZZ,20l8 Kevin King SUBSCRIBED AND SWORN to before me ^^rJthisd* day of March,20l8. Public of Residing at: My Commission Expires:WP OF ro aoTA4, Pulutc {Da- AFFIDAVIT oF KEVIN KING - 4 ry iilt A. (l: .:t.t)t- .r $A.ft'r, :t{ 'Jr 16tr{ v,:t *lt fl CERTIFICATE OF SERVICE I certify that on March 23,2018, a true and correct copy of ATFIDAVIT oF KEVIN KrNc was served upon all parties of record in this proceeding via the manner indicated below: Commission Staff Diane Hanian, Commission Secretary Idaho Public Utilities Commission 472 W . Washington Street Boise, ID 83702 Diane.holt@puc.idaho. gov (Original andT copies provided) Sean Costello, Deputy Attorney General Idaho Public Utilities Commission 472W. Washington Street (83702) P.O. Box 83720 Boise, ID 83720-0074 S ean. costello @puc.idaho. eov Electronic Mail Lisa D. Nordstrom Idaho Power Company 1221 West Idaho Street (83702) P.O. Box 70 Boise, lD 83707 lnordstrom@idahopower. com dockets@idahopower. com Matthew A. Nykiel Benjamin J. Otto Idaho Conservation League P.O. Box 2308 102 E. Elclid, #201 Sandpoint, ID 83864 mnvkiel @idahoconservation.orq botto@idahoconservation. ore Briana Kobor Vote Solar 360 22"d Street, Suite 730 Oakland, CA94612 briana@votesolar.org Hand Delivery & Electronic Mail Electronic Mail Timothy E. Tatum Connie Aschenbrenner Idaho Power Company 1221 West Idaho Street (83702) P.O. Box 70 Boise, ID 83707 ttatum@idahopower. com caschenbrenner@idahopower. com Abigail R. Germaine Boise City Attorney's Office 150 N. Capitol Blvd. P.O. Box 500 Boise, ID 83701-0500 agermaine@cityofboise. ors Vote Solar c/o David Bender Earthjustice 3916 Nakoma Road Madison, WI537l I dbender@ earthj usti ce. or g AFFIDAVTToFKEVTN Knc - 5 Electronic Mail (continued) Idaho Irrigation Pumpers Association, Inc. c/o Eric L. Olsen Echo Hawk & Olsen, PLLC 505 Pershing Ave., Suite 100 P.O. Box 6119 Pocatello, ID 83205 elo@echohawk.com Elias Bishop Auric Solar, LLC 2310 s. 1300 w. West Valley city, UT 84119 Elias.bishop@auricsolar. com ZackWaterman Idaho Sierra Club 503 W. Franklin Street Boise, ID 83702 Zach. waterman@ sierraclub. ore Tom Beach Crossborder Energy 2560 9th Street, Suite 2l34 Berkeley, CA947l0 tomb@crossborderener gy. com Snake River Alliance NW Energy Coalition c/o John R. Hammond Jr. Fisher Pusch LLP l0l South Capital Blvd., Suite 701 Boise, lD 83702 irh@fisherpusch.com Anthony Yankel 12700 Lake Avenue, Unit 2505 Lakewood, OH 44107 tony@yankel.net Idahydro clo C. Tom Arkoosh Arkoosh Law Offices 802 W. Bannock Street, Suite 900 P.O. Box 2900 Boise, ID 83701 Tom. arkoosh@arkoosh. com Erin.cecil@arkoosh.com Sierra Club c/o Kelsey Jae Nunez Kelsey Jae Nunez LLC 920 N. Clover Drive Boise, ID 83703 kel sey@kelseyj aenunez. com Michael Heckler 3606 N. Prospect Way Garden City, ID 83714 Michael.p.heckl er@ email. com Snake River Alliance wwilson@snakeriveralliance. ore NW Energy Coalition diego@nwenerey.org AFFTDAVIT or KrvrN KrNG - 6 Electronic Mail (Continued) Intermountain Wind and Solar, LLC c/o Doug Shipley Dale Crawford 1952 West 2425 South Woods Cross, UT 84087 dou g@imwindandsolar. com dale@imwindandsolar. com Intermountain Wind and Solar, LLC c/o Ryan B. Frazier Brian W. Burnett Kirton McConkie 50 East South Temple, Suite 400 P.O. Bo 45120 Salt Lake city, UT 841l1 rfrazier@kmclaw.com bburnett@kmclalry.com ^' -*-f Preston N. Carter AFFIDAVIT oF KEVIN KING - 7 EXHIBIT 1 Arkoosh Law Offices - IPCE - E - 17 - 13, Prior to change in counsel Fees requested for intervenor funding Week Ending Amount billed Task (general) 9/2/2ot7 S 257.50 Prepare motion to intervene 919/20t7 S 842.50 Review pleadings and documents 91L612077 $ 2,332.50 Review pleadings and documents 9123/2Ot7 S 3,542.00 Review pleadings and documents; legal research and preparation of motion to dismiss 9130/2017 S 2,702.00 Review pleadings and documents; legal research and preparation of motion to dismiss LOl7l20l7 S 850.00 Review pleadings and documents; legal research and preparation of motion to dismiss L0lt4l20L7 S 1,541.00 Review pleadings and documents; legal research and preparation of motion to dismiss L0/2!/20L7 S 3,065.00 Review pleadings and documents; legal research and preparation of motion to dismiss S 15,132.50 Total