20210818Petition to Intervene.pdf

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BEFORE TI{E IDAHO PUBLIC UTILITIES COMMISSION
IN TIIE IVIATTER OF IDAIIO POWER
COMPA).IY'S PETITION FOR APPROVAL
OF A CUSTOMER SURCHARGE A}ID
MODIFIED LINE ROUTE
CONFIGURATION FOR CONSTRUCTION
OF A NEW 138 KV TRA}ISMISSION LINE
IN TTIE WOOD RIVER VALLEY
CaseNo. IPC-E-ZI-ZI
PETMON TO INTERVEI\IE
Leslie A. Tidwell hereby fiIes this fornral petition to intervene in the above-referenced
matter pursuant to pursuant to Rules of Procedure 7l through 75 of the Idaho Public Utilities
Cornmissioru ID APA 31.01.01.071-.075. The hsis ofthis notice of appeal follows:
1. The name and address ofthis Intervenor is:
Kiki Leslie A. Tidwell
704 N. River St. #l
Hailey,ID 83333
Q08)s78-776e
[e-mail]
2. Tidwell is a rotepayer in Idaho and a Blaine County resident. Idaho Power has
requested an order for surcharges and tariffs that will regressively impact Tidwell as a small
Idaho Power ratepayer. Idaho Power has failed to mention several facts in its application to the
Idaho PUC and Tidwell needs to be able to participate in this matter at the PUC to bring this
PETMONTOINTERVENE .1
information to light. For instance, approximately $14 million of the project's cost is to
underground transmission lines in Ketchunu Idaho, primarily, according to the PUC's own staJf
testimony in case IPC-E-16-28, for aesthetic reasons. Ratepayers in Idaho have never borne the
burden of undugroundfutg transmission lines for any crty's residents' benefit, the most recent
orample being Eagle, Idalro.
3. This project was not started as a redundant transmission line; it was a project to repair
the original line. Repairing the onginal line actually is not part ofthls project today and is not
includsd in the project costs. For l0 years prior to July 2015, a second permanent redundant
line was never needed inldaho Power's planning proposals. For 10 years in Idaho Power's plarl
it was Ketchum's costto bury any powff lines inthe crry. It was around July 2015 that ldaho
Power then actually put the Ketchumtotal undergrounding costs into the hse project cost for all
ratepayers to pay, to further eliminate any resistance to this project from the City of Ketchurn
This is detailed in CAC member Rick LeFaiwe 's July 14,2015 ernail to Tidwell which detailed
that 'Idaho Powor told the CAC that, for $2 million more, the temporary line proposed to
accomplish repairing the original line, could become permanent; in "a brilliant financial
engineering move" that uses the $2 million tearing down of the temporary line to offset the $14
million * costs of undergrounding in Ketchuq you get a redundant line.' Ratepayers would be
better offpaying $2 million of a teurporary line and repairing the original line than paying for
$14 million of undergrounding in Kotohurn
4. In addition to the base project cost bome by Idaho ratepayers, Idaho Power has
proposed a tariff on Blaine County residents' power bills for undergrounding 1.4 miles of
transmission line at the hospital area's Owl Rock Road to East Fork, project cost $4,100,000 and
undergrowrding distribution lines from South Hoqpital Drive to W. Meadow drive for
PETITION TO INTERVENE .2
$5,700,000. As a resident ofHailey neither ofthese projects benefits Tidwell interms of
backup power redundarcy nor essential electrical service. In a letter from IPCo's attorney,
Donovan Walker, to Blaine County attorney Ron Williams, he details that this tariffis non-
essential to electrical service, "This 3 pucent threshold is consistent withthe curent 3 percent
cap on franchise fee collection by crty. If implemented many city residents within Blaine County
(Bellewe, Hailey, KetchurU and Sun Valley) would pay a total of 6 percent of their Idaho Power
bills towmd costs not required for the provision of safe, reliable electric service."
5. Idalro Power has not detailed in their application the overall financial details of
their proposals. Idaho Power's Pat Harrington has previously shared in the docurnent, Enhanced
WRV Funding Proposal 0I-05-2021tlrat IPCo's interest rate is 9.59/o. At this interest rate,
Blaine County residents pay $22,381,200 in total tariffpayments over 20 years, rryhich includes
$12,581,197 in interest payments to Idaho Power, plus another annual $35,000 administration fee
lefaling up to $700,000 over 20 years, total IPCo portion of this tariffis $13,281,197 on top of a
$9,800,000 project. The flat tariffcharges that Idatro referenoes in their application is a
regressive charge to srnall homeownsrs or tenants; it is the same amount monthly for a $3
Million home or $25,000 trailsr home, so it pt$s a larger percentage financial burden on the
smaller ratepayerlhomeowner than the rnore affluent one. For a power company which makes a
$230 million net iucome each year and which has paid its CEO up to $4.7 million per year, this
tariffto the smallest ratepayers who can least afford it is egregious.
6. Idaho Power frils to mention in their application that there is a petition for judicial
review action with Blaine CountS CVOT-21-00169 which challenges the Blaine Counry
Commissioners' ability to amend a settled conditional use; it "a. is in violation of constitutional,
statutory provisions, ordinances, or administrative rules of Blaine County; b. is in excess of the
PETITION TO INTERVENE - 3
statutory authority or authority of the administrators under the ordinances of Blaine Countf c.
was made uponunlawful procedr.rres; and d. was arbitrary, capricious, and/or an abuse of the
agency discretion". Tidwell is a party to this action An excerpt from this case, "Decision being
appealed: On March 15,2021,the Blaine County Board of County Commissioners ("Board")
issued'Findings of Fact & Decision" (" Decision) approvrng ldaho Power C-ompany's (lPCo")
Application to Modiry a Conditional Use Permit issued to lPCo under a Decision of the Blaine
County Board of County Commissioners dated June 4, 2019 (" Original Decision'). The heading
ofthe Decisionis as follows: REGARDING AII APPLICATION OF: ldaho Power Cornpany for
a Conditional Use Permit (CUP) to place a 138-kv redundant transmission line fiom the Wood
River Substation just north of Hailey to the Ketchum Substation on Sun Valley Rd., within the
City of Sun Valley. The Original Decision granted a CUP to IPCo under the sole condition that
IPCo underground the entire line from the "Wood River Substation to the traffic light at the
intersection of Elkhorn Road and Highway 75." 5. The Original Decision fotlrd that "an
overhead transmission line bisecting the Wood River Valley from Hailey to Ketohum remains
significant. This disttrbance will severely rmpact residential areas, the Scenic Highway Overlay
District, the bike path, public facilities, and the travelling public along the Sawtooth Scenic By-
Way along Highway 75." Oiginal Decision, p. 6. Petitioners are all property owners within the
impaoted arca desoribed in the Original Decision- As such" Petitioners are affected and aggrieved
persons as defined in ldatn Code Sectiot6T-6521and Petitioners' substantial rights have been
prejudiced by the Decision allowing IPCo to build the transmission lines overhead, as set forth in
the Decision.o' The Blaine County Commissioners, in their June 4,2019 Decision on Appeal
stated, "'Nevertheless, the (PUC) Commission's review, and likewise the (Blaine County
Commissioners) Board's review on appeal" is limited to considering the facts presented against
PETITION TO INTERVENE .4
the applicable standards ofevaluation Withinthe constraints of this review, a menu-based
approach involving muftiple funding-based scenarios as flexible conditions of approval are
unlikelyto withstand legal scrutiny. Fundiag issres, preerytbn, ad the need for aredundant
transmission line arc stmply not zoning considerations." [n a footnote on the same page: "1. IPC
has argrred thatthe issuance ofthe CPCN is evidence of an intent to preempt the County's
zoning laws pursuant to Idaho Code Sestion6T-5528. The Board disagrees for seveml reasons.
First, the CPCN lacks any language declaring an intent to preernpt the County's zoning, and
includes language that encour4ges oooperation between the County and IPC. Second no conflict
exists between the Commission's decision and the CPCN, as the Cornrnission conditionally
approved IPC's application."
7. This project is not cost effective for the ratepayers of ldatro. In the direct testimony
ofPUC's Michael Morrison, May 5 2017 itoase IPC-E-16-28, he statedthat "Fullredundancy
coures at a high cost because it requires the Company to fully duplicate the existing transmission
line... it would only have provided a very small benefit for its $30 million cost." In the largest
power outage of Blaine County Christmas eve 2009, no power reached the Hailey Wood River
substation, so no power could be transmitted nortlr" no rnatter how many ffansmission lines there
are. Idalro Power is incorrect in stating that atransmission line is a source ofpower; it is only
conduit for power transmission and does not produce power in and of itself.
8. Idaho Power did not do an adequate exploration of non-wires alternatives, the price of
which has declined exponentially in tho last ten ycars, and which are being installed in lieu of
transmission in many states and countries today. Mcrogrids, batteries, backup diesel generators,
and other distributed generation close to loads provido larger resilioncr to communities than
overhead wires vulnerable to fire or ice storms. IPCo's plan has the second proposed
PETMONTOINTERYENE -5
transmission line located within yards ofthe first on Buttercup Road; ifa fire or ice storm
impacts the original line, there is the strong probability that it will impact the second line as well.
Tidwell can provide current costs of other non-wires projects.
9. Tidwell was an Intervenot in IPC-E-16-28. In documents provided to Tidwell as an
Intervenor, Idalrc Power provided internal meeting minutes uihich detailed how IPCo carefirlly
selected CAC members to ensure "the committee's support of our desired outcomes." As well
Idaho Power gave the CAC only selected materials and guided the CAC to only proposals that
were in boundaries that IPCo had determined, "the committee will know right offthe bat if we
weren't willing to accept their proposals." fu a ratepayer paying for this project, Tidwell can
provide documents which show Idaho Power, as a for-profit corporation, benefits financially
from this project at the expense ofldatro ratepayers.
Kiki Leslie A. Tidwell respectfully requcsts that thc Commission Sant her petition to
intervene with fulI party status in this proceeding and to appear and participate in all matters as
may be necessary and appropriate; ad to present evidence, call and examine witnesses, present
argument, and full partioipate in the prooeedings.
DATED this I 8th day of August, 2021.
A.
Pro Se
PETITION TO INTERVENE .6
CERTIIiICATE OT $ERVICE
I hereby certi$ that on thi! 18* day of August, 2021,I caused to be served a true ard
conect copy ofth foregoing by th metbd indicated below, and addressedto tb following:
Blaine Couuty
Ronald t. Williams
WiUiams Bradbury, P.C.
U.S.ldail
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[e-mail]
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IIanilDelivery
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Overnight Mail
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A.
PETIIION TOIIIIERVEI{E - 7