20191212Application for Intervenor Funding.pdf

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Decernber 12,2019 ldaho Public Ulilities Commission
Olf ice of tho SocrataryRECEIVED
DEC I 2 2019
Diane Hanian, Commission Secretary
ldaho Public Utilities Commission
11331 W. Chinden Blvd.
Building 8, Suite 201 -A
Boise, ID 83714
riiane,holttr nuc.idaho.sor'
Boise. ldaho
Re CASE No.: IPC-E-18-15
RE: APPLICATION FOR INTERVENOR FUNDING
Dear Ms. Hanian:
Enclosed you will find the original and seven (7) copies of the following:
Application for Intervenor Funding
Electronic copies have been served per the Certificate of Service.
Please file the Application in the case file. Ifyou have any questions, please don't
hesitate to call. Thank you.
Sincerely,
Eric L. Olsen
ELOAf
Enclosures
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ldaho Public Utilities Commission
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DEC I 2 2019
Attorney for Intervenor Idaho lrrigation Pumpers Association, Inc.
BEFORE TIIE IDAHO PUBLIC UTILITIES COMMISSION
Boise, ldaho
CASE NO. IPC-E-18-15
APPLICATION FOR INTERVf,NOR
FUNDING OF TIIE IDAIIO
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 99 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 referorce.
(B) The Irrigators' Counsel, Eric L. Olsen of Echo Hawk & Olsen ("Mr. Olsen"), and
Irrigators' witness, Anthony J. Yankel of Yankel and Associates, Inc. ("Mr. Yankel"), fully
participated in these proceedings. Mr. Olsen and Mr. Yankel prepared and served written
discovery, reviewed and analyzed the various parties' positions, and attended and participated
via conference call or in person in the numerous workshops and settlement conferences held in
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRICATION PUMPf,RS ASSOCIATION, INC.
Page I
Eric L. Olsen (lSB# 481 I )
ECHO HAWK & OLSEN, PLLC
505 Pershing Ave., Ste. 100
P.O. Box 6l l9
Pocatello, Idaho 83205
Telephone: (208) 47 I - I 624
Facsimile: (2O8) 47 8 - I 6'1 0
Email: clo(n cchohau,k.ctur
IN THE MATTER OF IDAHO POWER
COMPANY'S APPLICATION TO STUDY
THE COSTS, Bf,NEFITS, AND
COMPENSATION OF NET EXCESS
ENERGY SUPPLIED BY CUSTOMER ON-
SITE GENERATION
this matter. The lrrigators filed comments supporting the Stipulation and Settlement Agreernent
filed in this case and filed comments on the appropriate treatment of existing on-site generation
customers.
(C) The lrrigators' proposed findings and recommendations are encapsulated in the
Stipulation and Settlement Agreement and in its supporting comments. One key issue for the
Irrigators was making sure that an appropriate price was set for the for the excess distributed
generation put back on Idaho Power's system ("Excess DG"). If Excess DG is priced too high,
then other non-onsite generation customers are paying too much for energy and Idaho Power has
difficulties managing this intermittent resource. If Excess DG is priced too low, then important
renewable resources such as solar are not appropriately developed so as to appropriately lower
overall system costs. The Irrigators believe that the Settlernent strikes an appropriate balance on
current pricing of Excess DG and provides an appropriate methodology in addressing these
pricing issues in the future.
(D) The expenses and costs 'incurred by the Irrigators set forth in Exhibit A are
reasonable in amount and were necessarily incurred. The expenses and costs were incurred in
participating in the numerous workshops and settlement conferences, in the drafting and review
discovery responses, and in commenting on the Settlement Agreement and commenting on the
appropriate treatment of existing on-site generation customers. Without incurring these expenses
and costs, the lrrigators 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 ldaho nonprofit corporation qualified under I.R.C. I 501(cX5)
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,
APPI,ICATION FOR INTERVENOR FUNDINC OF THE IDAHO IRRIGATIoN PUMPERS ASSOCIATION. INC.
Page 2
together with intervenor funding, to support its activities. Each year mailings are sent to
approximately 7,000 Idaho Irrigators (approximately two{hirds in the Idaho Power Company
service area), soliciting annual dues, The Irrigators recommend members make voluntary
contributions based on acres irrigated or horsepower per pump. Member contributions have been
falling which is believed to be attributable to increased operating costs and declining commodity
prices.
From mernber 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 in the settlement discussions
materially differs from those addressed by the Commission Staffand other parties. The Irrigators
urged that the price for Excess DG should rely most heavily market prices paid for solar projects,
such as Jackpot Solar and less on avoided cost methodologies.
(G) The Irrigators' participation addressed issues of concem to the general body of
users or consumers on IPC's system. If Excess DG is priced too high, then other customer
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRICATION PUMPERS ASSOCIATION. INC.
Page 3
classes are paying too much for their energy and their rates would not be fair, 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 lrrigators are a qualiffing
intervenor and should be entitled to an award of costs of intervention in the maximum amount
allowable pursuant to Idaho Code I 61-617A and IDAPA SS 31.01.01.161 through .165.
DATED this 12n day ofDecernber,20l9.
ECHO HAWK & OLSEN, PLLC
By:
ERIC L. oLSEN Attomey for
Idaho Irrigation Pumpers Association, Inc.
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Prge 4
CERTIFICATE OF SERVICE
I hereby certiff that on the 126 day of Decernber 2019, I 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
ll33l W. ChindenBlvd.
Building 8, Suite 201-A
Boise, ID 83714
dianc.holt(arpuc.idaho.gov
Lisa D. Nordstrom
Regulatory Dockets
Attorney for Idaho Power Company
P.O. Box 70
Boise, ID 83707
lnordstrom(atidahoDower.com
dockclstatidah opower.com
Tim Tatum
V.P. of Regulatory Affairs
Idaho Power Company
P.O. Box 70
Boise, ID 83707
ttaturn(atidaho p0wer.c0m
Anthony Yankel
Idaho Irrigation Pumpers Association, lnc.
12700 Lake Avenue, Unit 2505
Lakewood, OH 44107
tonykt yankel.net
U.S. Mail
Hand Delivered
Ovemight 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 INTf,RVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
PrSe 5
Abigail R. Germaine
Deputy City Attomey
Boise City Attorney's Office
150N. Capitol Blvd.
P.O. Box 500
Boise, Idaho 83701 -0500
ascnnainc(rc)citvofboise.org
U.S. Mail
Hand Delivered
Overnight Mail
Telecopy (Fax)
Electronic Mail (Email)
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Russell Schisrmeicr
29393 Davis Road
Bruneau, Idaho 83604
buyhay(Zignrail.com
Zack Waterman and Mike Heckler
Idaho Sierra Club
503 W Franklin St.
Boise, Idaho 83702
zack.waterman (ttsierraclub.orq
m i chael. o.heckl erfrD em ail. com
Kelsey Jae Nurez
Kelsey Jae Nunez LLC
920 N Clover Dr.
Boise, Idaho 83703
kel sev(akcl sqyiacn!!Dez.co!I
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)
U.S. Mail
Hand Delivered
Ovemight 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.
Pige 6
Preston N. Carter
Givens Pursley LLP
601 West Bannock Street
Boise, Idaho 83702
prestoncarter(r4 gi vensp ursl ev.com
kendrah(rl qi venspursley.conr
Benjamin J. Otto
Idaho Conservation League
710 N. 6th St.
Boise, Idaho 83702
botto@,ridahoconsen'ation.orq
C Tom Arkoosh
Arkoosh Law Oflices
Po Box 2900
Boise, ID 83701
tom.arkoosh(alarkoosh. com
erin. ceci l(darkoosh. com
Briana Kobor
Vote Solar
358 S 700 E Ste 8206
Salt Lake Ciry, UT 84102
briana(rDvotesoIar.o rg
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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)
F Diego Rivas
NW Energr Coalition
l10l 8th Ave
Helen4 MT 59601
dic o wcn
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPf,RS ASSOCIATION, INC.
Page ?
Ted Weston
Rocky Mountain Power
1407 WN Temple Ste 330
salt Lake City, UT 84116
ted.rveston(li. rracifi com.com
Yvonne R Hogle
Rocky Mountain Power
1407 WN Temple Ste 320
Salt Lake City, UT 841l6
Yvonne.ho el c(r.r, paciti corp. oorn
David Bender
Earthjustice
3916 Nakoma Rd
Madison, WI 5371I
db end er(rjrearth i usti ce. o nI
Austin Reschhoff
Thorvald A Nelson
Holland & Hart LLP
555 7th St Ste 3200
Denver, CO 80202
darueschho ff(4)hol landhart.com
tnelson(athol landhart. oom
U.S. Mail
Hand Delivered
overnight Mail
Telecopy (Fax)
Elechonic Mail (Email)
U.S. Mail
Hand Delivered
ovemight Mail
Telecopy (Fax)
Electronic Mail (Email)
Jim Swier
Micron Technolory Inc
8000 S Federal Way
Boise, ID 83707
j swier(rrnricron.corn
Peter J Richardson
Richardson Adams PLLC
515 N 27th Street
PO Box 7218
Boise, ID 83702
pcter(rrlichardsonadarns.corrr
Electronic Service Only
Al Luna
alurrlki carthiustice.t:rg
Nick Thorpe
nthome(&earthiustice.o rg
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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
ovemight Mail
Telecopy (Fax)
Electronic Mail (Email)
U.S. Mail
Hand Delivered
Ovemight Mail
Telecopy (Fax)
Electronic Mail (Email)
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Eric L. Olsen
Echo Hawk & Olsen
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC.
Page 8
Dr. Don Reading
6070 Hill Road
Boise, ID 83703
d road i n,r({_, m i ndspri n s. co m
Electronic Service Only
dockets(ir idaliopower.corn
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EXHIBIT A
Expert Witness Expenses:
l. Witness Fees of Anthony Yankel:
265 Hours @$200= $53,000.00
2. Travel Expenses: $7,210.63
Legal Expenses:
1. Paralegal Fees: 3 Hours @ $90 = $270.00
2. Legal Fees Eric L. Olsen: 105.7 Hours @ $200 = $21,140.00
3. Travel Expenses & Costs: $826.61
APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO TRRICATION PUMPERS ASSOCIATION, INC.
Psge 9