20180323Petition for Intervenor Funding.pdf

Eric L. Olsen (ISB# 4811)
Joseph T. Preston (ISB #9082)
ECHO HAWK & OLSEN, PLLC
505 Pershing Ave., Ste. 100
P.O. Box 6119
Pocatello,Idaho 83205
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneyfor Intervenor ldaho lrrigation Pumpers Association, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
RECEIVED
?$iB HiR 23 At{ 9: tlr
U
SSiON
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORITY TO ESTABLISH NEW
SCHEDULES FOR RESIDENTIAL AND
SMALL GENERAL SERVICE
CUSTOMERS WITH ON-SITE
GENERATION
CASE NO.IPC.E.I7.I3
APPLICATION FOR INTERVENOR
FUNDING OF THE IDAHO
IRRIGATION PUMPERS
ASSOCIATION, INC.
COMES NOW the Idaho Irrigation Pumpers Association, Inc. (Irrigators"), by and
through counsel of record, Echo Hawk & Olsen, PLLC, and hereby respectfully makes
application to the Idaho Public Utilities Commission ("Commission") for intervenor funding,
pursuant to Idaho Code 5 6l-617A and IDAPA $9 31.01.01.161 through.165, in this case, as
follows:
(A) A summary of the expenses that the Irrigators request to recover broken down
into legal fees, witness fees and other costs and expenses is set forth in Exhibit "A" attached
hereto and incorporated by reference. Itemized statements are also included as Attachments I
and2 to Exhibit "A" in support of said sunmary and are incorporated by reference
(B) The Irrigators' Counsel, Echo Hawk & Olsen, and Irrigators' witness, Anthony J.
Yankel, of Yankel and Associates, fnc., fully participated in these proceedings. Direct testimony
was filed by Mr. Yankel on the Irrigators behalf and the Irrigators prepared for and attended the
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC
Page I
public hearing held in Pocatello, Idaho on March 5, 2018, and the technical hearing held on
March 8 and 9,2078. The Irrigators' Counsel, Echo Hawk & Olsen, participated in the technical
hearing by spreading the testimony of Mr. Yankel across the record and cross-examining
witnesses.
(C) Irrigators' proposed findings and recommendations as presented through its
witness, Anthony J. Yankel, supported Idaho Power Company's ("IPC") position that there are
many concerns with the way Schedule 84 is implemented. Mr. Yankel's testimony provided
additional issues with Schedule 84 that were not addressed by IPC, including that not all
ratepayers in Schedule 84 generate power through solar, that there is a significant decrease in the
amount of excess energy produced by solar generating customers during winter system peaks,
and that "banking" excess net energy during times of low energy costs for offsetting usage
during high cost months results in inappropriate cost shifting. Irrigators recommend that a new
Schedule 6 for Residential customers and Schedule 8 for Small Commercial customers should
not be established at this time. Instead, Irrigators recommend that a workshop be initiated to fully
address the concerns with Schedule 84 and that a cost of service study be performed.
(D) The expenses and costs incurred by the Irrigators set forth in Exhibit A and
accompanying attachments are reasonable in amount and were necessarily incurred. The
expenses and costs were incurred in drafting and filing direct testimony, preparing cross
examination questions for various witnesses, and participating in the technical hearing held by
the Commission. Without incurring these expenses and costs, the Irrigators would not have been
able to fully participate in this matter.
(E) The costs described in Paragraph (A) above constitute a financial hardship for the
Irrigators. The Irrigators are an Idaho nonprofit corporation qualified under I.R.C. 5 501(c)(5)
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Page2
representing farm interests in electric utility rate matters affecting farmers in southem and central
Idaho. The Irrigators rely solely upon dues and contributions voluntarily paid by members,
together with intervenor funding, to support activities. Each year mailings are sent to
approximately 7,000 Idaho Irrigators (approximately two-thirds in the Idaho Power Company
service area), soliciting annual dues. The Irrigators recommend members make voluntary
contributions based on acres inigated or horsepower per pump. Member contributions have been
falling which is believed to be attributable to increased operating costs and declining commodity
prices.
From member contributions the Irrigators must pay all expenses, which generally include
mailing expenses, meeting expenses and shared office space in Boise, Idaho, in addition to the
expenses relating to participation in matters before the Commission. The Executive Director,
Lynn Tominaga, is the only part-time paid contractor, receiving a retainer plus expenses for
office space, office equipment, and secretarial services. Other Irrigator officers and directors are
elected annually and serve without compensation.
It has been and continues to be a financial hardship for the Irrigators to fully participate in
important cases such as this one due to the time and expense that must be incurred to fully
participate in such a case. Because of the Irrigators' financial constraints, participation in this
case, and filing of testimony and cross-examination of witnesses has been prudent.
(F) The Irrigators' position urged to be adopted by the Commission materially differs
from those addressed by the Commission Staff and other parties. The Irrigators showed that the
experimental rate design of Schedule 84 initiated over 30 years ago is no longer justified,
because of technological advancements and the increase in net metering customers. The
Irrigators fuither confirmed that intraclass cost shifting is occurring. The Commission staffs
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Page 3
position is that there is no justification for a separate rate class for net metering customers and
that any intraclass cost shifting can be dealt with through a modification of schedule 84, but the
Irrigators have shown that net-metering customers are not homogenous and have recommended
that a workshop would be the appropriate next step to first study the costs and/or benefits of net
metering. After the workshop, all of the parties would then have a better idea of the appropriate
rate schedules and rate design for net metering customers.
(G) The Irrigators' participation addressed issues of concern to the general body of
users or consumers on IPC's system. If net metering customers can continue to shift the cost for
their power, all other customers' rates go up and such rates are not just and reasonable.
(H) The Irrigators represent the irrigation class of customers under Schedule 24 on
IPC's system.
Based on the foregoing, it is respectfully submitted that the Irrigators are a qualifring
intervenor and should be entitled to an award of costs of intervention in the maximum amount
allowable pursuant to Idaho Code 5 6l-617A and IDAPA $5 31.01.01.161 through .165.
DATED this22ndday of March,20l8.
ECHO HAWK & OLSEN, PLLC
By:
ERIC L. OLSEN Attorney for
Idaho Irrigation Pumpers Association, Inc.
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Page 4
CERTIFICATE OF SERVICE
I hereby certify that on the 22"d day of March 2}l8,l caused to be served a true and
correct copy of the foregoing by the method indicated below, and addressed to the following:
Diane M. Hanian, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
472 W. Washington Street
Boise,ID 83720-0074
diane.holt@puc. idaho. gov
Lisa D. Nordstrom
Idaho Power Company
P.O. Box 70
Boise, lD 83707
E:mail: [e-mail]
dockets@ idahopower. com
Timothy E. Tatum
Connie Aschenbrenner
Idaho Power Company
P.O. Box 70
Boise, ID 83707
E-mail: [e-mail]
caschenbrenner@ idahopower. com
Matthew A. Nykiel
Idaho Conservation League
P.O. Box 2308
102 S. Euclid#207
Sandpoint,ID 83864
Email: [e-mail]
Idahydro
c/o C. Tom Arkoosh
Arkoosh Law Offices
802 W. Barurock Street, Suite 900
P.O. Box 2900
Boise,ID 83701
Email: [e-mail]
erin. [e-mail]
U.S. Mail
Hand Delivered
Ovemight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Ovemight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Ovemight Mail
Telecopy (Fax)
Electronic Mail (Email)
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APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Page 5
Sean Costello
Deputy Attomey General
Idaho Public Utilities Commission
47 2 W . Washington (837 02)
P.O. Box 83720
Boise, ID 83720-0074
Email: [e-mail]. gov
Elias Bishop
Auric Solar, LLC
2310S. 1300 W.
West Valley City, UT 84119
E-mail: [e-mail]
Preston N. Carter
Deborah E. Nelson
Givens Pursley LLC
601 W. Bannock St.
Boise, ID 83702
Email: prestoncarter@ givenspursley.com
den@si .com
Kelsey Jay Nunez LLC
Siena Club
920 N. clover Drive
Boise, ID 83703
Email: kelsey@kelseyj aenunez.com
Zack Waterman
Idaho Sierra Club
503 W. Franklin Street
Boise, lD 83702
Email : [e-mail]
Michael Heckler
Email: [e-mail]
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
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Overnight Mail
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Electronic Mail (Email)
U.S. Mail
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Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
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Electronic Mail (Email)
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APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Page 6
Abigail R. Germaine
Deputy City Attorney
Boise City Auomey's Office
105 N. Capitol Blvd.
P.O. Box 500
Boise, ID 83701-0500
Email : aeermaine@,cityofboise.ors
C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock Street, Suite 900
P.O. Box 2900
Boise,ID 83701
Email: [e-mail]
Erin.cecil@arkoo sh. com
David H. Arkoosh
Law Office of David Arkoosh
P.O. Box 2817
Boise, ID 83701
Email: da .com
David Bender
Earthjustice
3916 Nakoma Road
Madison, WI 53711
Email : dbender@,earthj ustice.org
Briana Kober
Vote Solar
360 22"d Street, Suite 730
Oakland, CA94612
Email: [e-mail]
John R. Hammond, Jr.
Fisher Pusch LLP
101 S. Capitol Blvd. suite 701
P.O. Box 1308
Boise,ID 83701
Email: [e-mail]
Il.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Ovemight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
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APPLICATTON FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Page 7
Snake River Alliance
Email: [e-mail]
NW Energy Coalition
Email : [e-mail]
Ryan B. Frazier
Brian W. Burnett
Kirton McConkie
50 East Temple, Suite 400
P.O. Box 45120
Salt Lake City, UT 84111
Email: [e-mail]
[e-mail]
Intermountain Wind and Solar, LLC
1953 West 2425 South
Woods Cross, UT 84087
Email : [e-mail]
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Ovemight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
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EzuC L. OLSEN
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Page 8
E,XHIBIT A
Witness ExDensesl $19,561.29
1. Witness fees (122 hours @ 150.00/hr.)
2. Witness travel expenses
Legal Expenses2
$ 18,300.00
$1,261.29
$12,654.07
1. Fees for Eric L. Olsen's services (9.2 hours @ $250.00/h.)
2. Fees for Joseph T. Preston's services (48.2 hours @ $190.00/hr.)
3. Paralegal fees (4.9 hours @$90.00/hr.)
4. Travel expenses and other costs
$2,300.00
$9,158.00
$441.00
$75s.07
TOTAL s32,215.36
I An itemized statement of Mr. Yankel's fees and costs are found on the included Attachment I
2 An itemized statement of Echo Hawk & Olsen, PLLC's fees and costs are found on the included Attachment 2
ATTACHMENT 1
Date
Sep'17 27
oo
=rE
oO
2
Description
Read testimony and data responses; organize what testimony and responses to use
for testimony.
Review testimony in Idaho Power's Residential and Small Commercial generation
case.
78 I Review testimony in Idaho Power's Residential and Small Commercial generation
case
292 Review testimony in Idaho Power's Residential and Small Commercial generation
case; send email with summary and recommendation.
Oct 16 3 Review material regarding net power case.
Nov 24 4 Review arguments against Company filing to set new schedules for net metering;
review some of the data responses.
Dec I I 7 Review data responses to other parties in Net Metering case.
127
13 7 Out line testimony; gather data regarding individual customers for inclusion in
testimony.
14 6 Start to write testimony regarding need for a workshop; quantifu non-solar
1 5 8 Write testimony and develop data for tables 1 and 2; review data responses.
t8 7 Add additional issues; review past orders and rate schedules; finalize first draft of
testimony.
19 3 Rework issues; develop summary
20 Review and develop second draft.
21 Work on Exhibit to make it coordinate with testimony
22 3 Finalize testimony and exhibit
4
5
Jan'18 12 3 Review testimony filed by Staff in Net Metering case.
60
rE
o()
O.
2
Date
l5
March I 8
28
Description
Review testimony of Kobor filed on behalf of Vote Solar
Review various testimonies and draft crossexamination for Idaho Clean Energy
Association witness King and Sierra Club witness Beach.
Review various testimonies and draft crossexamination for Vote Solar witness
Kobor.
3 5 Review testimony of IPCo witness Tatum and develop cross.
Prepare for hearing and discussion with Olsen/preston
Travel to Boise and discuss case with Joe Preston
Prepare for and attend hearing and testifr
Return home
Total 122
19 I Read remaining testimony filed by those fighting IPCo net metering proposal
7
8
9
J
8
8
7l0
Date
3t7t2018
318/2018
319/2018
Lodging
$0.00
Subtotals $0.00
TRAVEL EXPENSE
Meals
s4s.00
$4s.00
$4s,00
$ 13s.00
Total Travel Expense
Airline
$1,126.29
8r.126.29
sL,261.29
ATTACHMENT 2
1343.0017 / Establish New Schedules - Residential and Small General Service
Professional Services
08/0712017 ELO TCW Sid Erwin re: filing of the net metering case;
TCW Tony Yankel re: net metering issues
Hours Rate
0.s0 200.00
Amount
100.00
08/16/2017 ELO
08/28/2017 ELO
08/2912017 ELO
08/3012017 ELO
08/30/2017 MAS
08/31/2017 MAS
Review Petition for changes to Net Metering Tarrif; review
RMP case in Utah for status of similar case to change the
net metering tarrifs
Review filing for IPC's changes to net metering rules; Call
and leave message with Sid Erwin re: same; TCW with Sid
Erwin re: intervention
See that Petition for Intervention is prepared for Net
Metering case
Review and sign Petition for intervention in net metering
case
Conf. with ELO re: preaparation of petition to intervene;
reviewed filings with IPUC; drafted petition to intervene;
finalized petition for filing via email and fedex; served
petition to parties via email
Receive and review email from Diane Hanian confirming
receipt ofPetition to Interevene; receive and review fedex
confirmation of delivery of original Petition to Intervene,
copy to file
Sub-total Fees
Review and respond to e-mail re: scheduling conference
Review Protective Agreement and Sign on behalf of IIpA;E-mail Yankel's and IIpA,s signature-pages to parties
Review Yankel's comments re: net metering case
Sub_total Fees:
1.50 200.00 300.00
0.70 200.00 140.00
0.10 200.00 20.00
0.20 200.00 40.00
1.20 90.00 108.00
0.20 90.00 18.00
$726.00
Expenses Units
OSl30l20l7 Fedex charges - overnight mail of petition to intervene to IPUC 1.00
0813112017 Photocopies 5.00
2.0008/3112017 Photocopies
Sub-total Expenses:
1343.0017 / Establish New schedures - Residentiar and smail Generar Service
Professional Services
Price
27.40
0.10
0.10
Amount
27.40
0.50
0.20
$28.10
09/14/2017 ELO
09/22/2017 ELO
09/29/2017 ELO
Amount
20.00
40.00
0.20 200.00 40.00
$ 100.00
1343'0017 / Estabrish New schedules - Residentiar and Sma, Generar Service
Professional Services
10/2412017 ELo TCW Tony yankel re: deadlines in lpc,s onsite GenerationCase
10/30/2017 ELo Review Motion to dismiss Ipc,s efforts to create new rateschedule for onsite generation ura irru., .uirJlfr.r.Uy
Sub_total Fees:
Hours
0.20
Rate
200.00
Amount
40.00
60.000.30 200.00
$ 100.00
Hours Rate
0.10 200.00
0.20 200.00
1343.0017 / Establish New Schedules - Residential and Small General Service
Professional Services
72/18/2017 ELO
1212U2017 ELO
t2/2212017 ELO
12122/2017 MAS
12126/2017 }/.AS
12127/20t7 ELO
Hours
1.40
Rate
200.00
Amount
280.00Review and respond to Yankel's e-mail on filing testimony;
Review most recent orders and comments on new rate
schedules
Review and revise Yankel's direct testimony; E-mail MAS
re: getting same ready for filing with PUC
Review Testimony and Exhibits and finalize for Filing in
Co-generation case; Review e-mails re: filing of direct
testimony and conf. with MAS re: same
Receive and review testimony of Anthony Yankel; made
revisions to testimony; prepared cover pages for testimony
and exhibit; reviwed file; prepared notice of service;
prepared letter to commission secretary; emailed to ELO
for review; finalized documents and prepared CD with
reporter's copy of testimony and exhibit; prepared Fedex
mailing to submit doucments to IPUC via overnight mail;
email to Commission secretary and parties re: filing and
service of testimony/exhibit; receive and review email from
Commission Secretary confirming receipt of filing; t/c from
Commisison Secretary re: filing deadling; conf. with ELO
re: filing deadline
Receive and review Fedex confirmation of delivery of
Anthony Yankel's testimony to IPUC
Review Staff Testimony in the Net Metering Case
Sub-total Fees:
0.50 200.00 100.00
0.50 200.00 100.00
2.80 90.00 252.00
0.10 90.00 9.00
r.20 200.00 240.00
$981 .00
Expenses Units
1212212017 Fedex charges - overnight mail direct testimony of Anthony J. Yankel 1.00
to IPUC
l2l3ll20l7 Photocopies 197.00
Sub-total Expenses:
1343.0017 / Establish New Schedules - Residential and Small General Service
Price
50.32
Amount
50.32
0.10 19.70
$70.02
Professional Services
0U2412018 MAS
0v29/2018 ELO
Hours
0.40
Rate
90.00
Amount
36.00Receive and review email from IPUC court reporter
requesting Word version of Tony Yankel's direct testimony;
reviewed file; added cover page to word version of
testimoney; email to court reporter with Word version as
requested
Review upcoming schedule for On-site generation case and
e-mail Tony Yankel re: same;Draft update to Executive
Committee re: upcoming public hearings and technical
hearing
Sub-total Fees:
0.60 200.00 120.00
$ r 56.00
Statement as of 312212018
Statement no 15802
Idaho Irrigation Pumpers Association, Inc.
Tominaga, Lynn
P.O.Box2624
Boise,ID 83701-2624
1343.0017 / BtaHish NewSchedules - Residenfial andSmall General Service
Professional Services
0212612018 JP Working meeting with ELO to discuss case
0:/2612018 Ftn
Hours
0.50
0.20
Rate
190.00
200.00
Amount
95.00
40.00
228.00
551.00
02127/2018 il-A
02/2712018 JP
0?J2812018 JP
03/0U20t8 JP
03102/2018 JP
03/0512018 JP
03/0612018 lP
0310712018 IP
03/08/2018 JP
TCW Tony Yankel re: preparations for Technical hearings;
Review latest surrebuttal testirrrcny; TCW Sid Erwin about
issues in the Net Metering Case and related Idaho Power
issues; E-nnil Tony Yankel about preparing for Technical
Hearing
Conf. with JTP re: preparation for Public and Technical
Hearings; Conf. Call with JTP and Tony Yankel re:
preparation of cross examination of Conpany, Staffand
intervenors
Working meeting with ELO; Conference call with Tony
Yankel; Review applicable Rules for Hearing; Review
Testimony
Review Testimony
Review Testirrnny and develope cross e>emination
questions
Working meeting with ELO; Conference call with Tony;
Review Testimony in preparation of Hearing
Review Yankel's proposed cross e>qmination questions for
TimTatum; Review testimonies in preparation of hearing;
Attend Public Hearing in Pocatello
Fmails with Tony Yankel; Review Notice of Motion for
kave to File Reply Testimony of R Gllianq Review revised
pages for the direct testimony of Stacey Donohue
Phone calls with Tony Yankel to discuss hearing; Review
testimony and prepare cross e><amination questions for
Idaho Power's witnesses.
Attend fust day oftechnical hearing before the Idaho Public
Utilities Commission; Review and prepare for second day of
technical hearing, including reviewing and finalizing cross
e>emination questions for Kevin King, Steve Burgos,
Michael lronard, Benjamin Otto, etc
Attend second day oftechnical hearing before Idaho Public
Utilities Commission;
0.80 200.00 160.00
2.20 190.00 418.00
1.20
2.90
190.00
190.00
3.20 190.00 608.00
4.50 190.00 855.00
0.50 190.00 9s.00
10.40 190.00 1,976.00
1 1.30 190.00 2,147.00
03109120t8 JP 6.90 190.00 1,311.00
03/1412018 MAS
03/14/2018 rP
Conf with JP re: IPUC's request for eilribit 301 to Tony
Yankel's direct testimony; reviewed file; email to Naomi at
IPUC re: submission of direct testimony and eritribit
Phone call and working meeting with MAS re: Extribit 301 to
Idaho PUC
0.20 90.00 18.00
03/20/2018 IP
03/21/2018 IP
Prepare initial draft of Application for Intervenor Funding
Finish preparing Application for Intervenor Funding.
Sub-total Fees:
0.20
2.t0
2.30
190.00
190.00
190.00
38.00
399.00
431.00
$9,376.00
Expenses
03/ 02/ 2018 Photocop ies
03/09/2018 Red Lion Boise
03/09/2018 Mileage to Boise
03/09/2018 Meals March 7-9,2018
Units
633.00
2.00
,+68.00
1.00
Sub-total Erpenses:
Price
0.10
128.05
0.s8
68.45
Amorurt
63.30
2s6.10
269.10
68.45
$656.95