20201215Petition for Intervenor Funding.pdf

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Kelsey Jae, ISB No. 7899
LAW FOR CONSCIOUS LEADERSHIP
920 N. Clover Dr.
Boise, ID 83703
Telephone: (208) 391-2961
[e-mail]
Attorney for Sierra Club

Lisa Young
Michael Heckler
IDAHO SIERRA CLUB
503 W Franklin St
Boise, ID 83702
Telephone: (208) 384-1023
[e-mail]
[e-mail]

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IDAHO SIERRA CLUB’S
PETITION FOR INTERVENOR FUNDING

COMES NOW the Idaho Chapter of 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. 34744.
This request is timely under Rule 164 because: (1) Order No. 34777 established modified
procedure, left open the possibility that a technical hearing could be set by the Commission after
receiving written comments, and did not state whether a deadline for intervenor funding requests
would be due within 14 days of the comment deadline or the conclusion of the potential
Idaho Sierra Club - Petition for Intervenor Funding - IPC-E-20-26
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IN THE MATTER OF IDAHO POWER COMPANY’S  
APPLICATION FOR AUTHORITY TO MODIFY  
SCHEDULE 84’s METERING REQUIREMENT AND  
TO GRANDFATHER EXISTING CUSTOMERS WITH  
TWO METERS.  

IPC-E-20-26
RECEIVED
2020December 15, PM 4:59
IDAHO PUBLIC
UTILITIES COMMISSION
evidentiary hearing; and (2) this request is filed within 14 days of the Final Order No. 34854
which provided formal notice that there would no technical hearing scheduled. While Rule 164
does not cover the circumstances of this matter’s timeline explicitly, Sierra Club files this request
in an attempt to be timely under the rule.
I.Applicability of Idaho Code § 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.
II.IDAPA Rule 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 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
several meetings and negotiation sessions; and supporting the development of the filed
comments. Sierra Club focused its participation and input on facts and issues that are directly
relevant to this docket.
B.Statement of proposed findings
Sierra Club intervened and actively participated in this docket to represent our members’
direct and substantial interest in policy changes that may impact Schedule 84 customers' ability
to self-generate electricity. As stated in its comments to the Commission on October 27, 2020,
Sierra Club requested the Commision:
1.Establish that Schedule 84 customers are eligible for grandfathering and that the
closing date for grandfathering eligibility for Schedule 84 customers will not
Idaho Sierra Club - Petition for Intervenor Funding - IPC-E-20-26
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occur before successor rate structures to the current net-metering methods are
determined.
2.Associate any Schedule 84 grandfathering period with at least the 25-year useful
life of the solar assets, not an arbitrary ten-year period.
3.Update the constraints placed on each meter point, specifically to change the
100kW size limit to a limit based on total customer AC load.
4.Order Idaho Power to immediately undertake a solar cost and benefits study
Sierra Club also asks the Commission to grant this request for intervenor funding.
C.Statement showing costs
Idaho Sierra Club requests $3695.50 in intervenor funding for attorney 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
analyses and/or proposals of the Company, Commission Staff, and other active parties and
community members. To uncover and understand the facts, we reviewed multiple data sets;
reviewed discovery requests and submitted our own discovery requests; and engaged in lengthy
analytic efforts with other parties. Legal counsel and expert witness for Sierra Club were active
participants in all stages of the proceeding. For each of these efforts, we endeavored to be
efficient with time and delegation of tasks. Costs not included in this request include hours
invested by Sierra Club staff, Lisa Young. Legal counsel and expert witness maintained clear
divisions of labor 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 costs of the listed attorney and expert witness fees is reasonable.

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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 resilience throughout Idaho. To provide consistent, professional, and impactful
advocacy for our members and supporters, Sierra Club dedicates significant staff time to energy
issues and specifically to policy making at the Commision. 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 fully in these proceedings. Sierra Club has 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
In general, Sierra Club differed from Staff in that the Sierra Club provided unique and
detailed analysis related to the specific value of irrigator solar in terms of timing, capacity, and
energy charges. Sierra Club also presented recommendations that were not adopted by the Staff.
F.Statement of recommendation
Sierra Club's proposed findings address issues of concern for ratepayers relating to the
cost/requirements for metering and other generating system components, the maximum size of
Schedule 84 customer systems, and how the price provided for energy in excess of the
customer’s consumption and the time value of customer exports is reflected in demand charges.

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G.Statement showing class of customer
Sierra Club’s members and supporters are irrigation, residential, and small commercial
customers of Idaho Power.

Dated this 15th day of December, 2020.

Respectfully submitted,

___________________________________
Kelsey Jae, Attorney for Sierra Club

Idaho Sierra Club - Petition for Intervenor Funding - IPC-E-20-26
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Exhibit A
Cost Statement for Idaho Sierra Club
Total Costs: $3695.50

For attorney fees billed by Kelsey Jae Nunez LLC

For expert witness fees billed by Mike Heckler

Idaho Sierra Club - Petition for Intervenor Funding - IPC-E-20-26
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Conducting relevant legal research and crafting strategies for discovery
and comments.
3.2 hours
Analyzing and preparing discovery requests 0.5 hours
Total 3.7 hours
@ $190/hour $703
Attend organizational meeting & conferences 3.5
Coordinate/prepare production requests & formal comments 28
Total 31.5 hours
@ $95/hour $2992.50

CERTIFICATE OF SERVICE

I hereby certify that on this 15th day of December, 2020, I delivered true and correct
copies of the foregoing Request for Production to the following persons via electronic mail
delivery:

Idaho Public Utilities Commission
Jan Noriyuki
Commission Secretary
[e-mail]

Idaho Public Utilities Commission Staff
Edward Jewell
Deputy Attorney General
Idaho Public Utilities Commission
[e-mail]
Idaho Power Company
Lisa D. Nordstrom
Tim Tatum
Connie Aschenbrenner
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Idaho Conservation League
Benjamin J. Otto
[e-mail]

Idaho Irrigation Pumpers Assn
Eric L. Olsen
[e-mail]
Anthony Yankel
[e-mail]

Russell Schiermeier
[e-mail]

City of Boise City
Abigail R. Germaine
[e-mail]

Micron Technology
Jim Swier
[e-mail]

Austin Rueschhoff
Thorvald A. Nelson
[e-mail]
[e-mail]
[e-mail]
[e-mail]

_____________________________

Kelsey Jae
Attorney for Sierra Club

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