20191127Petition for Intervenor Funding.pdf

Attomey for the Idaho Conservation League
Benjamin J. Otto (ISB No. 8292)
710 N 6th Street
Boise, ID 83701
Ph: [phone] x 12
Fax: [phone]
[e-mail]
IN THE MATTER OF THE )
APPLICATION OF IDAHO POWER )
COMPANYTOSTUDYTHECOSTS, )
BENEFITS,ANDCOMPENSATION )OFNETEXCESSENERGY )SUPPLIEDBYCUSTOMERON. )
SITE GENERATION )
RECEIVED
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CASE NO. IPC.E-I8.I5
IDAHO CONSERVATION LEAGUE
APPLICATION FOR INTERVENOR
FUNDING
COMES NOW, the Idaho Conservation League ("lCL"), pursuant to Idaho Code $ 61-6174. and
IDAPA 31.01.01.161-165 with the following application for intervenor funding. ICL is an
intervenor pursuant to Order No. 34193. This Application, filed concurrently with our Reply
Brief, is timely pursuant IDAPA 31.01.01.164 that allows Intervenors to petition for funding 14
days after the deadline for submitting briefs.
II. Idaho Code $ 61-617A(2) and IDAPA Rule 31.01.01,162 Requirements
1. Itemized list of Expenses
The attached Exhibit A is an itemized list ofexpenses incured by ICL this proceeding
ICL Application for Intervenor Funding
IPC-E-18-15
I
November 27, 2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
I. Idaho Code $ 61-617A and IDAPA Rule 31.01,01,161 Requirement
The Commission based on numerous filings and public reports can take official notice
that Idaho Power Company is a regulated electric utility with gross Idaho intrastate, annual
revenues exceeding three million, five hundred thousand dollars ($3,500,000.00).
Idaho Code empowers the Commission to award "legal fees, witness fees, and reproduction
costs". I.C. $ 61-617A. As listed in more detail in Exhibit A, ICL gained status as a party to the
case, participated in several day-long negotiation sessions including working with our expert
advisors to provide detailed presentations and proposals to the parties, submitted and reviewed
production requests, and concluded '*ith two rounds ofbriefing on the proposed settlement. ICL
sees recovery of only ICL council's time in this docket. Our expert witness Ms. Kobor of Vote
Solar and co-council Mr. Bender or Earthjustice are generously donating their substantial time
and expenses to this Idaho dockst. In all ofthese efforts ICL locused on issues directly relevant
to the issues covered by this docket and sought to use our time and the time and resources of the
other parties in the most efficient manner possible. IDAPA 3 I .01 .01 . 162.01 .
2. Statement of Proposed Findings
This docket presents tu,o questions to the Commission - lvhether to approve the proposed
settlement and how to treat existing customers with onsite generation. ICL and Vote Solar played
a significant role in shaping the proposed settlement here. While we could notjoin the final
agreement, we have elected to pursue our dispute in future forums. We take no position on
whether the Commission should adopt the settlement.
Regarding the treatment ofexisting customers, as detailed in our Opening and Reply
Briefs, we recommend the Commission allow existing onsite generation customers to remain on
the Net Monthly Metering Program for 20 years, and to define existing customers as anyone who
has submitted to ldaho Power a complete application for interconnection within 60 days ofthe
Commission order in this case. IDAPA 31.01.01.162.02.
3. Statemcnt Shorving Costs
ICL Application for Intenenor Funding
IPC-E-18-15
?
Novenrber 27 ,2019
ICL requests $1 1,800 in intervenor funding, as shown in Exhibit A. Both the hourly rate
and hours expended are reasonable lor this complex case. ICL's council has ten years ofdirect,
specialized experience appearing before the Idaho PUC. The hourly rate ol$200 reflects this
experience and the local market conditions. The hours claimed are but a fraction ofthe total time
ICL, our expert witness, and our co-council expended in this case. We elect to seek recovery of
only that time spent directly engaged with parties or filings to the Commission, although the time
spent preparing for these tasks is appropriately recoverable. For the reasons above - seeking only
a portion ofour time spent, collaboratively working towards solutions, and an hourly rate that
reflects the market - we recommend the Commission find ICL's requested costs "reasonable in
amount". IDA PA 3 1.0 1.0 1. I 62.03.
4. Explanation of Cost Statement
ICL is a nonprofit organization supported solely through charitable donations from our
members and supporters. ICL does not have any financial interest in the outcome ofthe
proceeding that is distinct from any Idaho Power customer. In this proceeding. \4'e represent our
members and supporters who are ratepayers ofldaho Pouer, as well as any Idahoan interested in
protecting their rights to fair programs that enable onsite customer generation. While ICL
budgets annually for our programs and costs, we are subject to the timing and pace of utility
filings, something we do not control. Access to intervenor lunding is necessary to ensure our
ongoing ability to secure "full and fair representation" before the Commission as contemplated
by ldaho Code $ 6l-617A.
Idaho PUC Rules of Procedure requires that a Iicensed attorney represent organizations.
IDAPA 31.01.01.013.ICL retains a licensed attorney on staffdedicated entirely to issues that
ICL Application for Intervenor Funding
IPC-E-18-15
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November 27. 201 9
arise under Idaho's public utilities laws. ICL dedicates this full-time, highly trained staffmember
to provide consistent, professional, and impactful advocacy for our members and supporters. The
cost of employing and training this staff member is a significant financial commitment for a
charitable organization. Further, ICL's annual planning allocates this staff member's time and
resources to efforts expected to occur that can impact our program goals. Access to intervenor
funding is important to ICL's ability to represent our interests here while maintaining the ability
meet other organizational goals and priorities we have promised to our supporters.
ICL consistent involvement in these issues had a meaningful impact in controlling our
costs here. As explained here and listed in Exhibit A, ICL's costs are reasonable and incuning
these costs created an ongoing hardship to reallocate our limited budget to achieve our goals.
IDAPA 3l .01 .01.162,04, By awarding cost recovery here, the Commission will "encourage
participation in all stages ofall proceedings belbre the commission so that all affected customers
receive full and fair representation in those proceedings." I.C. s\ 61-617A.
5. Statement of Difference
ICL and Vote Solar provided unique contributions to the negotiations, the settlement, and
the proper treatment ofexisting onsite generation customers. As the only party not to sign the
settlement it is clear we have a different position than Staff. However, because the settlement
negotiations are confidential, ICL cannot describe in detail the difference in positions among
parties regarding these issues. Regarding the treatment ofexisting onsite generation customers,
ICL and Vote Solar also take a unique position regarding the eligibility date and the length of
legacy treatment. Our Reply Comments on the Settlement, Opening Brief and Reply Brief on
existing onsite generation customers document ICL and Vote Solar take a materially different
ICL Application for Intervenor Funding
IPC-E-l 8-15 November 27,2019
.l
position form Staff in this docket. IDAPA 3 I .0 I .01 . 162.05
6. Statement of Recommendation
ICL proposed findings address issues ofconcem for all customers Idaho Power who
deserve a balance of allowing people to meet their own needs through onsite generation without
negatively impacting other customers. All customers, regardless ofclass, share a strong interest
in ensuring that utility programs are fair, just, and reasonable. ICL pursued this common interest
when negotiating the proposed settlement and addressing the treatment ofexisting onsite
generation customers. While ICL does have members who are onsite generation customers, or
advocacy and position here is not on behalf of any individual or subset, rather on behalfofall
similarly situated people whether they are a member, agnostic to ICL, or in some instances
oppose our mission. IDAPA 31.01.01.162.06.
7. Statement Showing Class of Customer
Our individual members and supporters who are customers of Idaho Power are in the
residential class. ICL's Boise office is a Schedule 9 customer, while our Ketchum office is a
Schedule 7 customer. IDAPA 31.01.01.162.07.
WHEREFORE, ICL respcctfully requests the Commission grant this application.
DATED this 27th day ofNovember 2019.
4.x=
Benjamin |. Otto
Idaho Conservation League
ICL Application for Inten'enor Funding
IPC-E-18- l s November 27, 2019
Respectfully submitted,
Exhibit A
Cost Statement for Idaho Conservation League
ICL Application for Intervenor Funding
IPC-E- l8- l5
6
Investigate Idaho Power's Application and
prepare and file Petition to Intervene
1.5
Participatc in one pre-meeting and seven
scttlement negotiations
39
Revie$' comments on settlement 1.5
Prepare and file Reply Comment on
Settlement
2
Prepare and file Opening Brief on
Existing Customers
8
Rer,ierv other pany Opening Briefs 1.5
Prepare and File Reply Briel-on Existing
Customers
5.5
Hours:59
Rate: S200/hr
Total: $11,800
November 27 .2019
CERTIFICATE OF SERVICE
I certifr that on the 27th day ofNovember 2019, I delivered true and correct copies of the
foregoing APPLICATION FOR INTERVENOR FUNDING to the following via the service
method noted:h
Hand Deliverv Mail:
Diane Hanian
Commission Secretary (Original and seven copies provided)
Idaho Public Utilities Commission
11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714
Electronic Mail Only:
Benjamin J. Otto
Rocky Mountain Power
Yvorure R. Hogle
Ted Weston
Yvonne.hogle@pacifi corp.com
Ted.weston@pacifi corp.com
Vote Solar
Briana Kobor, Vote Solar
[e-mail]
David Bender. Earthjustice
dbender@earth.l ustice.org
Al Luna, Earthjustice
aluna@earthj ustice.org
Nick Thorpe, Earthjustice
nthorpe@earthj ustice.org
City of Boise
Abigail R. Germaine
Deputy City Attomey
Boise City's Attorney's Office
[e-mail]
Idaho Sierra Club
Kelsey Jae Nunez
Kelsey Jae Nunez LLC
[e-mail]
Zack Waterman, Sierra Clr.rb
November 27, 2019
IPUC
Ed Jewell
Deputy Attomey General
Idaho Public Utilities Commission
Edward j [e-mail]. gov
Idaho Power
Lisa D. Nordstrom
Timothy E. Tatum
Connie Aschenbrenner
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Anthony Yankle
[e-mail]
IDAHYDRO
C. Tom Arkoosh
Arkoosh Law Offices
[e-mail]
Taylor.pestel [e-mail]
IPC-E-18-15
CERTIFICATE OF SERVICE
Idaho lrrigation Pumpers Associalion
Eric L. Olsen
Echo Hawk & Olsen PLLC
[e-mail]
Mike Heckler, Sierra Club
[e-mail]
[e-mail]
Idaho Cleon Energt Association
Preston N. Carter
Givens Pursley LLP
[e-mail]
Industrial Customers of ldaho Power
Peter J. Richardson
Richardson Adams, PLLC
[e-mail]
Dr. Don Reading
[e-mail]
Micron Technologt, lnc.
Austin Rueschhoff
Thon'ald A. Nelson
Holland & Hart, LLP
darueschhoff@hollardhart. com
tnelson@hol landhart.com
[e-mail]
[e-mail]
Jim Swier, Micron
j [e-mail]
Individual
Russell Schiermeier
[e-mail]
IPC E 18-15
CERTIFICA'I'F] OF SERVICE November 27, 2019