20180323Petition for Intervenor Funding.pdf

Kelsey Jae Nunez, ISB No. 7899
Kelsey Jae Nunez LLC
920 N. Clover Dr.
Boise,ID 83703
208.391.2961
kelsev Okel sevi aenunez.com
Attorneyfor Sierua Club
IN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATION FOR
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR
WOOD RIVER VALLEY
RECEIVTD
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.IPC-E-I7-I3
REQUEST FOR
INTERVENOR FUNDING
COMES NOW the Sierra Club ("Sierra Club"), pursuant to Idaho Code $ 6l-617A and
IDAPA 31.01.01.161-165 with the following request for intervenor funding. Sierra Club is an
intervenor in this case pursuant to Order No. 33882. This request is timely pursuant to the
Commission's instruction at the technical hearing to submit such requests within l4 days by
March 23,2018.
I. Applicability of Idaho Code S 61-617A and IDAPA Rule 31.01.01.161
Idaho Power Company ("Idaho Power" or the "Company") is a regulated public utility
that has gross Idaho intrastate annual revenues exceeding $3,500,000.00.
III. IDAPA RuIe 31.01 .01.162 requirements
A. Itemized list of expenses
The attached Exhibit A is an itemized list of expenses incurred by Sierra Club in this
proceeding. Exhibit A indicates a hours spent by legal counsel and expert witness on
Sierra CIub Request for Intervenor Funding - I
investigating and responding to the Application and direct testimonies of Idaho Power,
Commission Staff, and other Intervenors; analyzing and conducting discovery; preparing and
filing the direct and rebuttal testimony of Thomas Beach; reviewing the direct and rebuttal
testimony of other parties; preparing for cross examination of witnesses; and participating in the
public and technical hearings.
B. Statement of proposed findings
Sierra Club requests that the Commission find that: (i) the Company has not
demonstrated that there is a significant economic need to create a seperate rate class for
customers who install renewable distributed energy resources (DER) under net metering CNEM);
(ii) a comprehensive analysis of the costs and benefits of NEM must be conducted prior to
establishing a separate rate class; (iii) such analysis should evaluate all DER using the same best
practices that the electric industry has used for many years to assess the cost-effectiveness of
long-term energy efficiency and demand response resources; and (iv) existing NEM customers
will be allowed to remain under the rules and rate structure that applied when they originally
applied to interconnect with the utility for a 20-year period that represents the reasonable
economic life of the DER system. Siena Club also asks the Commission to grant this request for
intervenor funding.
C. Statement showing costs
Idaho Sierra Club requests $24,390 in intervenor funding for attomey and expert witness
fees, as shown in Exhibit A. These fees were incurred reasonably and appropriately. This case
covered complex and technical issues and required reviewing and responding to extensive filings
of the Company, Commission Staff, and other active parties. To uncover and understand the
Sierra Club Request for Intervenor Funding - 2
facts, we reviewed multiple rounds of discovery requests and submitted our own discovery
requests, the results of which were used in prepared testimony and at the technical hearing.
Counsel for Sierra Club was an active participant in all stages of the proceeding. For each of
these efforts, we endeavored to be efficient and have chosen not to request reimbursement for all
billable hours. Many hours were billed exploring creative options and strategies with fellow
parties and other internal and external stakeholders, and only a portion of those hours are
included in this request. Other costs not included in this request include travel, printing, and
hours invested by Sierra Club staff, ZackWaternan. Further, legal counsel and expert witness
maintained clear divisions of labor to reduce expenses. We request an hourly rate for legal
counsel of$150 per hour and for expert witness of$250 per hour. For all these reasons, our
request for intervenor funding to pay the costs of the listed attomey and expert witness fees is
reasonable
D. Explanation of cost statement
Sierra Club is a nonprofit organization supported through charitable donations from our
members and foundations. In this proceeding, we represent our members and supporters who are
Idaho Power ratepayers as well as those who have an interest in promoting distributed energy
generation and resiliency throughout Idaho. To provide consistent, professional, and impactful
advocacy for our members and supporters, Sierra Club dedicates significant staff time to energy
issues. The cost of employing and training staff members and hiring outside legal counsel and
expert witnesses is a significant financial commitment for a charitable organization. Because
charitable contributions are inherently unstable and sometimes insufficient, the availability of
intervenor funding is essential for Sierra Club to participate in these proceedings. Sierra Club has
Sierra Club Request for Intervenor Funding - 3
no pecuniary interest in the outcome of this case; rather we dedicated our time and resources to
represent the interests of our supporters who have a strong interest in robust distributed energy in
Idaho.
E. Statement of difference
Sierra Club's proposed findings are materially different than the Commission Staff. Staff
took the position that Idaho Power's Schedule 84 should be modified so that NEM customers are
compensated for the excess energy that they export to the utility, every hour, at an avoided
cost-based rate, while NEM customers would continue to pay for the hourly energy that they
import from the Company based on their current rate schedule. Sierra Club's position is that no
modification - including Staff's proposal - should be adopted until after a comprehensive
benefit-cost study shows that the costs of NEM exceed the benefits, such that there is a need to
change the present NEM program. Sierra Club is also concerned with the Staff's proposal to
determine a NEM customer's imports and exports of electricity on an hourly basis. Today, Idaho
Power's residential and small commercial customers do not have the hourly data that they (or
their solar installer) would need to be able to evaluate the economics of an investment in a NEM
system under the Staff's hourly netting proposal. Without ready access to this data, the Staff's
proposal would create a significant and unfair barrier to new NEM installations.
Sierra Club's direct and rebuttal testimony thoroughly explains our position on the
insufficiency of Idaho Power's analysis and proposal and our disagreement with the timing of
Staff's proposed modifications. Our participation provided a detailed counterpoint to the Staff
position in this case so that the Commission has a complete and robust record upon which to
base its decision.
Sierra Club Request for lntervenor Funding - 4
F. Statement of recommendation
Sierra Club's proposed findings ad&ess issues of concem for general ratepayers who
could be subject to rate increases if the benefits of NEM are not properly accounted for, as well
as impacts to NEM customers who may be discouraged from installing DER if the compensation
structure does not accurately reflect the value of their investment. Sierra Club asserts that all
customers, regardless of class, share a strong interest in ensuring Idaho Power supports the
reasonable development of DERs to reduce the need to develop and purchase energy from fossil
fuels. Our participation in this case raises issues relating to the value of renewable energy on
Idaho Power's system and contributes to a more thorough understanding of the costs and
benefits.
G. Statement showing class of customer
Sierra Club's members and supporters are residential and small commercial customers of
Idaho Power.
Respectfully submitted this 23rd day of March, 2018.
[s\eN,rua
Kelsey Jae Nunez, Attomey for Sierra Club
Sierra Club Request for Intervenor Funding - 5
Exhibit A
Cost Statement for Idaho Sierra Club
Total Costs: $24,390
For attorney fees billed by Kelsey Jae Nunez LLC
For expert witness fees billed by Cross Border Enerry
Analyzing Idaho Power's application and direct testimonies,
conducting relevant legal research, and crafting response strategies,
including dispositive motion strategies
8.2 hours
Analyzing discovery requests and responses of other parties and
drafting Sierra Club discovery
7.8 hours
Preparing and filing the direct testimony and rebuttal testimony of
Thomas Beach and reviewing the direct and rebuttal testimony of other
parties
2.8 hours
Preparing for and participating in the technical hearing of March 8-9 22.55 hours
Total 41.35 hours
@ $150/hour 96,202.5
Analyzing Idaho Power's application and direct testimonies,
conducting relevant legal research, and crafting response strategies,
including dispositive motion strategies
3.75 hours
Analyzing discovery requests and responses of other parties and
drafting Sierra Club discovery
2.5 hours
Preparing and filing the direct testimony and rebuttal testimony of
Thomas Beach and reviewing the direct and rebuttal testimony of other
parties
50.0 hours
Preparing for and participating in the technical hearing of March 8-9 16.5 hours
Total 72.75 hours
@ $250/hour $18,187.50
Sierra Club Request for Intervenor Funding - 6
CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day of March, 201 8, true and correct copies of the above REQUEST
FOR INTERVENOR FUNDING were sent to the following persons via the methods noted:
Hand delivered and emailed:
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
472W. Washington St.
Boise, D 83702
diane.holt @ ouc. idaho. sov
(original plus seven copies)
Emailed:
Idaho Power Company
Lisa D. Nordstrom
Timothy E. Thtum
Connie Aschenbrenner
1221W.Idaho St.
PO Box 70
Boise, Idaho 83707
I nordstrom @ idahooower.com
dockets @ idahooower.com
ttatum @ idahooower.com
cashenbrenner@ idahopower.com
Commission Staff
Sean Costello
Deputy Attorney General
Idaho Public Utilities Commission
472W. Washington
Boise,Idaho 83702
sean.costello @ puc. idaho.gov
Idahydro
C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock Street, Suite 900
PO Box 2900
Boise,ID 83701
tom.arkoosh @ arkoosh.com
erin.cecil @ arkoosh.com
Idaho lrrigation Pumpers Association, Inc.
Eric L. Olsen
ECHO HAWK & OLSEN, PLLC
505 Pershing Ave., Ste. 100
PO Box 6l 19
Pocatello, Idaho 83205
[e-mail]
Anthony Yankel
12700 Lake Ave. Unit 2505
Lakewood, OH44107
Email : tony @ )zankel.net
Idaho Conservation League
Matthew A. Nykiel
PO Box 2309
102 S. Fl.tcl:df207
Sandpoint, ID 83864
mnvkiel @ idahoconservation.ors
Ben Otto
710 N 6th Street
Boise,ID 83701
Ph: [phone] x 12
Fax: [phone]
botto @ idahoconservation.org
SierraClub Request for Intervenor Funding - 7
Auric Solar, LLC
Elias Bishop
2310 S. 1300 W.
West Valley City, UT 84119
Telephone: (801 ) 878-3363
elias.bishop @ auricsolar.com
Preston N. Carter
Deborah E. Nelson
Givens Pursley LLP
601 W. Bannock St. Boise, ID 83702
Drestoncarter@ sivensourslev.com
den @ sivensourslev.com
City of Boise
Abigail R. Germaine
Deputy City Attorney
Boise City Attorney's Office
105 N. Capitol Blvd.
P0 Box 500
Boise,ID 83701-0500
asermaine @citvofboi se.ors
Idaho Clean Energy Association
Preston N. Carter
Deborah E. Nelson
Givens Pursley LLP
601 W Bannock St. Boise, ID 83702
Drestoncarter@ pivensnurslev.com
den @ givenspursley.com
Vote Solar
David Bender
Earthjustice
3916 Nakoma Road Madison, WI53711
dbender@ earthi ustice.ors
Briana Kober
Vote Solar
360 22nd Street., Suite 730
Oakland, CA946l2
briana@ votesolar.org
Snake River Alliance and Northwest Energr
Coalition
John R. Hammond, Jr.
Fisher Pusch LLP
l0l 5. Capitol Blvd., Suite 701
P0 Box 1308
Boise,ID 83701
[e-mail]
Electronic service only:
Snake River Alliance
wwil son @ snakeriveralliance.org
NW Energy Coalition
[e-mail]
Intermountain Wind and Solar, LLC
Ryan B. Frazier
Brian W. Burnett
Kirton McConkie
50 East Temple, Suite 400
P0 Box 45120
Salt Lake City, UT 84111
[e-mail]
[e-mail]
Intermountain Wind and Solar, LLC
1952 West 2425 South
Woods Cross, UT 84087
doup @ imwindandsolar.com
dale @ imwindandsolar.com
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Kelsey Jae Nunez
Attorney for Sierra Club
Sierra Club Request for Intervenor Funding - 8