The URL can be used to link to this page

Home My WebLink About20191210Request for Intervenor Funding.pdfKelsey Jae Nunez, ISB No. 7899 KELSEY JAE NT]NEZ LLC 920 N. Clover Dr. Boise, ID 83703 Telephone: (208) 5 59 -2525 kel sey@kelseyj aenunez.com Attorney for Sierra Club Zack Waterman IDAHO SIERRA CLUB 503 W Franklin St Boise, ID 83702 Telephone: (208) 384-1023 zack.waterman@sierraclub.org BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION COMES NOW the Idaho Chapter of the Sierra Club ("Siena Club"), pursuant to Idaho Code g 6l-617A and IDAPA 31.01.01.161-165 with the following request tbr intervenor f,rnding. Sierra Club is an intervenor in this case pursuant to Order No. 3421 I . 'fhis request is timely pursuant to the Rule 164 which allows requests to be filed no later than 14 days after the deadline to submit briefs l. Applicability of ldaho Code $ 6l-617A and IDAPA Rule 3l.0l.0l.l6l 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. IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY TO STUDY THE COSTS, BENEFITS, AND COMPENSATION OF NET EXCESS ENERGY SUPPLIED BY CUSTOMER ON-SITE GENERATION IPC-E-r8-15 REQUEST FOR INTERVENOR FUNDINC Siena Club Request for Int€rvenor Funding - IPC-E- 18- 15 - I RECEIVED rClgDtC l0 PH !:02 IL IDAPA Rule 31.01 .01.162 requirements A. Itemized list of expenses The attached Exhibit A is an itemized list ofexpenses incurred by Sierra Club in this proceeding. Exhibit A indicates hours spent by legal counsel and expert witness on investigating and responding to Idaho Power's Application; analyzing and conducting discovery; preparing analyses, presentations. and proposals for review by other parties; meaningfully participating in scveral meetings and settlement negotiation sessions; and supporting the development of the proposed settlement agreement. Sierra Club fbcuscd its participation and input on lacts and issues that are directly relevant to this docket. B. Statement of proposed findings Siena Club intervened in this docket to ensure that Idaho energy policy includes reasonable analysis ofthe costs and benefits of customer owned, on-site renewable energy investments, and compromises were made during the settlement negotiation process. As stated in its comments to the Commission on November 6.2019, Siena Club requests that the Commission adopt the proposed settlement agreement in its entirety. Furthermore, Siena CIub reiterates that its suppo( lbr the settlement was premised upon a belief that the Commission will support separate review of two remaining open issues: (l) how existing residential and small commercial customers with on-site generation should be affected by this new program and (2) that an additional new docket is needed to address the cuffent multiplicity of methods for calculating "avoided cost" benefi ts. Sierra Club also asks the Commission to grant this request for intervenor funding. Sicrra Club Request for Inlcrvenor Furding - IPC-E-l8-l5 -2 C. Statement showing costs Idaho Sierra Club requests $6,051 .50 in intervenor funding for attomey and expert witness fees, as shown in Exhibit A. These fees were incurred reasonably and appropriately. 'l'his case covered complex and technical issues and required reviewing and responding to extensive analyses and proposals ofthe Company, Commission Staff, and other active parties. To uncover and understand the lacts, we reviewed multiple rounds of settlement proposals and accompanying data; reviewed discovery requests and submitted our own discovery requests; and engaged in lengthy negotiation ellorts with other parties. Legal counsel and expert witness for Siena Club were active participants in all stages of the proceeding. For each ofthese efforts, we endeavored to be efficient with time and delegation of tasks. Many hours were billed exploring creative options and strategies with fellow parties and other internal and extemal stakeholders, and only a portion ofthose hours are included in this request. Other costs not included in this request include travel, printing, and hours invested by Siena Club staff, Zack Waterman. Legal counsel and expert witness maintained clear divisions oflabor to reduce expenses. We request an hourly rate for legal counsel of $ 190 per hour and for expert witness of$95 per hour. For all these reasons, our request for intervenor funding to pay the oosts of the listed attorney 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 lbundations. 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 Sierra Club Request for Intcrvenor l'unding - IPC-E-18-15 -3 advocacy for our members and supporters, Siena Club dedicates significant staff time to energy issues and specifically to policy making at the Commission. The cost of employing and training staff members and hiring outside legal counsel and expert witnesses is a significant financial commifrnent for a charitable organization. Because chadtable contributions are inherently unstable and sometimes insufficient, the availability of intervenor funding is essential for Sierra Club to participate fully in these proceedings. Sierra Club has no pecuniary interest in the outcome of this case; rather we dedicated our time and resouces to represent the interests ofour supporters who have a strong interest in robust distributed energy in Idaho. E. Statement of difference Sierra Club, at times, diverged greatly from Staffs proposals. The settlement negotiations were confidential so specific details are not proper to discuss. In general, Sierra Club contributions in the negotiation process differed from Staff in three significant ways: (i) how to measure costs on-site generators' exports allow Idaho Power to avoid; (ii) how the environmental benefits ofthose exports might be monetized; and (iii) how operational concems Idaho Power has related to on-site generation might be addressed. Here, Siena Club supports the settlement agreement as part of a compromise and commitment to fuither analysis but the results ofthe negotiation process do not negate the differences that existed and continue to exist. F. Statement of recommendation Sierra Club's proposed findings address issues ofconcem for general ratepayers as well as impacts to NEM customers if the benefits ofNEM are not properly accounted for. Sierra Club asserts that all customers, regardless ofclass, share a strong interest in ensuring Idaho Power supports the reasonable development of distributed energy resources (DERs) to reduce the need SiErra Club Request for Int€rvenor Funding - lPC-E-18-15 -4 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 ofDERs. Siena Club believes that this settlement agreement is a positive step in the direction of more equitable energy policy for all ratepayers. G. Statement showing class of customer Sierra Club's membcrs and supporters are residential and small commercial customers of Idaho Power. Respectfully submitted this 1Oth day of November,20l9. Ir\& u'na Kelsey Jae Nunez, Attorney for Sierra Club Sicrra Club Rcqucst fbr Inlcnenor Funding - IPC-E-I8-15 - 5 Fl,xhibit A Cost Statement for ldaho Sierra Club Total Costs: $6,051.50 For attorney fees billed by Kelsey Jae Nunez LLC 6,6 hours 190/hr = $1,254 For expert witness fees billed by Mike Heckler 50.5 hours $95/hour = $4,797. Conducting relevant legal research and crafting strategies for settlement negotiations 3.5 hours Analyzing and preparing discovery requests Preparing fbr/attending settlement negotiation meetings; necessary follow up 2.3 hours Total 6.6 hours Dat€Hours description I 8-Dec- I 8 1 IPC-E- 18- 15 organizational meeting 2-Jan- 19 3 Develop issues list 9-Jan- l9 4.)Attend I 8-l 5 settlement conference Attend I8- l5 settlement conference I 0-Apr I Attend I 8- I 5 settlement conference 5-Jun 2 I 8- I 5 planning session at ICL l8-Jun 5 Attend l8- l5 settlement conference 25-Jun I Meet with ICEA representative 26-Jun I Participate in Solar group telecom 8-Jul I Participate in Solar group telecom 9-Jul 5 Attend I 8-l 5 settlement conference l0-Jul 3.5 Attend I 8-l 5 settlement conference 15-Jul I Participate in Solar group telecom l7-Jul 0.5 Prepare fbr meeting with PUC staff l7-Jul I Meet with PUC Staff 26-Jul I Participate in Solar group telecom I Participate in Solar group lelecom I Participate in Solar group telecom 3l -Jul 4.5 Attend I 8- I 5 settlement conf'erence l-Aug l Participatc in Solar group telecom l2-Aug l Participatc in Solar group telecom l9-Aug I Pafiicipate in Solar group telccom 23-Aug i Participate in Solar group telecom 3-Sep 1 Attend I8- I5 settlement conference l2-Nov Participate in Solar group telecom TOTAL 50.5 Sieffa Club Requcst fbr Inlcrvenor Funding - IPC-E-I8- 15 -6 0.8 hours 26-Feb 5 29-Jul 30-Jul 0.5 CERTIFICATF] ()F- SERVICE I hereby cenify that on this lOth day of November, 2019, 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 472 W. Washington St. Boise, ID 83702 diane.holt@nuc. idaho-sov (original plus seven copies) Emailed Idaho Power Company Lisa D. Nordstrom Timothy E. Tatum Connie Aschenbrenner l22l W. Idaho St. PO Box 70 Boise, Idaho 83707 lnordstrom @ idahooower.com dockets@ idahonower-com ttatum @ idahoDower.com cashenbrenner@ idahooower.com 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 Anthony Yankel l2l0o Lake Ave. Unit 2505 Lakewood, OH 44107 Email: tonv@vankel.net Idaho Conservation League Ben Otto 710 N 6th Street Boise, ID 83701 Ph: (208) 345-6933 x 12 Fax: (208) 344-0344 botto@ idahoconservation.ors Siera Club Request for lntervenor Funding - IPC-E-I8-15 -7 Commission Staff Edward Jewell Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington, PO Box 83720 Boise, ID 83720-C074 edward.iewell @ ouc.idaho.gov Idaho Irrigation Pumpers Association, fnc. Eric L. Olsen ECHO HAWK & OLSEN, PLLC 505 Pershing Ave., Ste. 100 PO Box 6l l9 Pocatello, Idaho 83205 elo@echohawk.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 agermaine @cityofuoise.org Idaho Clean Energr Association Preston N. Carter Givens Pursley LLP 601 W. Bannock St. Boise, ID 83702 @ Rocky Mountain Power Ted Weston Yvonne R. Hogle Rocky Mountain Power 1407 West North Temple, Suite 330 Salt Lake City, UT 841 l6 ted.weston@ nacifi corp.com vvonne-hoole @ oacifi com.com Vote Solar Briana Kober Vote Solar 360 22nd Street., Suite 730 Oakland, CA946lZ briana@ votesolar.org Northwest Energy Coalition F. Diego Rivas NW Energy Coalition I l0l 8th Ave. Helena, MT 59601 dieso @ nwenersv.ors Benjamin J. Otto Idaho Conservation lxague 710 N. 6th Street Boise, ID 83702 botto@ idahoconservation.org Austin Rueschhoff Thorvald A. Nelson Holland & Han, LLP 6380 South Fiddlers Green Circle Suite 500 Greenwood Village, CO 801 I I darueschhoff @ hollandhan.com tnelson @hollandhan.com Industrial Customers Of ldaho Power Peter J. Richardson Richardson Adams, PLLC 5 15 N. 27th Street PO Box 7218 Boise, ID 83702 oeter@ richardsonadams.com Dr. Don Reading 6070 Hill Road Boise, ID 83703 d rcatli n g @ mi nd spri ng.conr Russell Schiermeier 29393 Davis Road Bruneau, ID 83604 buyhal.' @ smail,com Kelsey Jae Nunez Attomey for Sierra Club Sierra Club Request for Intervenor Funding - Irc-E-l E-15 -8 David Bender Earthj u stice 39l6 Nakoma Road Madison, WI 537 I I dbender@earthiustice.org Micron Technology, Inc. Jim Swier Micron Technology, Inc. 8000 South Federal Way Boise, ID 83707 iswier@micron.com t$\e Nr,,r.n