20231212Petition for Intervenor Funding.pdf

Kelsey Jae (ISB No. 7899)
Kelsey Jae LLC
920 N. Clover Dr., Boise, ID 83703
(208) 391-2961
[e-mail]
Attorney for Clean Energy Opportunities for Idaho
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO
POWER COMPANY’S
APPLICATION FOR AUTHORITY
TO INCREASE ITS RATES AND
CHARGES FOR ELECTRIC
SERVICE IN THE STATE OF
IDAHO AND FOR ASSOCIATED
REGULATORY ACCOUNT
TREATMENT
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CASE NO. IPC-E-23-11
CLEAN ENERGY OPPORTUNITIES
FOR IDAHO’S PETITION FOR
INTERVENOR FUNDING
COMES NOW Clean Energy Opportunities for Idaho (“CEO”), by and through its
attorney of record, Kelsey Jae of the firm Kelsey Jae LLC, pursuant to Idaho Code § 6l-617A
and IDAPA 31.01.01.161-165 with the following request for intervenor funding. CEO is an
intervenor in this case pursuant to Order No. 35823. This request is timely under Rule 164
because this request is filed within 14 days of the conclusion of the Technical Hearing on
November 29, 2023.
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.
IPC-E-23-11 - CLEAN ENERGY OPPORTUNITIES FOR IDAHO -
PETITION FOR INTERVENOR FUNDING - 1
RECEIVED
Tuesday, December 12, 2023 10:43:24 AM
IDAHO PUBLIC
UTILITIES COMMISSION
II. IDAPA Rule 31.01 .01.162 requirements
A. Itemized list of expenses
Idaho Code provides that the Commission may award “legal fees, witness fees, and
reproduction costs” to intervenors in a proceeding. Idaho Code § 61-617A. The attached Exhibit
A is an itemized list of legal fees incurred by CEO’s legal counsel assisting CEO with
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; supporting the development of the
settlement stipulation; and filing of final comments. CEO focused its participation and input on
facts and issues that are directly relevant to this docket.
B. Statement of proposed findings
CEO intervened and actively participated in this docket to ensure that a reasonable
analysis of the costs incurred to provide service benefits to Idaho Power customers would be
used to inform rate design issues, including as they affect customer owned, on-site renewable
energy generation. Compromises were made during the settlement negotiation process. CEO’s
support for the settlement was premised, in part, upon provisions within section 13 of the
Settlement and Stipulation filed by the Company and the other parties to this proceeding on
October 27, 2023 (“Stipulation”) titled “Separate Informal Proceedings”. CEO signed the
Stipulation and requests that the proposed settlement agreement be approved in its entirety.
CEO also asks the Commission to grant this request for intervenor funding.
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C. Statement showing costs
CEO requests $3,596.40 in intervenor funding for attorney 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, CEO reviewed multiple data sets; reviewed discovery requests and
submitted its own discovery requests; and engaged in lengthy analytic efforts with other parties.
CEO and its legal counsel were active participants in all stages of the proceeding. For each of
these efforts, CEO endeavored to be efficient with time and delegation of tasks. CEO maintained
clear divisions of labor to reduce expenses. This request does not include hours invested by CEO
officers, Michael Heckler and Courtney White. CEO requests an hourly rate for legal counsel of
$222 per hour. For all these reasons, CEO’s request for intervenor funding to pay the costs of the
listed attorney is reasonable.
D. Explanation of cost statement
CEO is a nonprofit organization. In this proceeding, CEO represented its members and
supporters who are Idaho Power ratepayers. To provide consistent, professional, and impactful
advocacy for its members and supporters, CEO dedicates significant staff time to energy issues
and specifically to policy making at the Commission. CEO has actively participated in prior
proceedings on related matters. CEO does not have any financial interest in the outcome of this
proceeding.
The cost of this time and hiring legal counsel is a significant financial commitment and
hardship for a nonprofit organization. Because contributions to CEO are inherently unstable and
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sometimes insufficient, the availability of intervenor funding is essential for CEO to participate
fully in these proceedings. CEO has no pecuniary interest in the outcome of this case; rather
CEO dedicated its time and resources to represent the interests of its supporters.
E. Statement of difference
Throughout this docket, CEO presented analysis and methodologies related to cost of
service and related implications for Time of Use pricing that resulted in different positions and
different information than what was presented by other parties and Commission staff. CEO, at
times, diverged greatly from Staff’s proposals. While the settlement negotiations were
confidential so specific details are not proper to discuss, in general, CEO differed from Staff on
matters related to the use of cost of service information aggregated throughout the test year at an
hourly level rather than the “one-observation-per-month” sampling inherent in traditional
“12CP” based analyses . CEO supported the Stipulation as part of a compromise and commitment
to further analysis, but the results of the negotiation process do not negate the differences that
existed and continue to exist.
F. Statement of recommendation
CEO’s recommendations focused on matters relating to rate designs that will incentivize
customer actions to affect affordability for all customers.
G. Statement showing class of customer
CEO’s members and supporters are irrigation, residential, and small commercial
customers of Idaho Power.
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Based on the foregoing reasons, CEO respectfully requests that the Commission grant
this Petition for Intervenor Funding in the amount of $3596.40 as illustrated in Exhibit A.
DATED this 12th day of December, 2023.
Respectfully submitted,
______________________________
Kelsey Jae
Attorney for CEO
Exhibit A: Statement of Costs
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Exhibit A: Statement of Costs
For attorney fees incurred by Kelsey Jae LLC
Analyzing Idaho Power's application and direct testimonies;
conducting relevant legal research; analyzing discovery requests and
responses of other parties; drafting CEO discovery; crafting response
strategies, including comment/testimony/settlement strategies and
filings; participating in settlement conferences
16.2 hours @
$222/hr
Total 16.2 hours
$3596.40
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CERTIFICATE OF SERVICE
I hereby certify that on this 12th day of December, 2023. I delivered true and correct
copies of the foregoing PETITION FOR INTERVENOR FUNDING to the following persons via
the method of service noted:
Electronic Mail Delivery
Idaho Public Utilities Commission
Jan Noriyuki
Commission Secretary
[e-mail]
Idaho PUC Staff
Dayn Hardie
Chris Burdin
Deputy Attorney General
Idaho Public Utilities Commission
[e-mail]
[e-mail]
Idaho Power Company
Megan Goicoechea Allen
Lisa D. Nordstrom
Donovan E. Walker
Timothy Tatum
Connie Aschenbrenner
Matt Larkin
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
City of Boise
Ed Jewell
Darrell Early
Wil Gehl
[e-mail]
[e-mail]
[e-mail]
[e-mail]
IPC-E-23-11 - CLEAN ENERGY OPPORTUNITIES FOR IDAHO -
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Federal Executive Agencies
Peter Meier
Dwight Etheridge
[e-mail]
[e-mail]
Industrial Customers of Idaho Power
Peter J. Richardson
Dr. Don Reading
[e-mail]
[e-mail]
Idaho Conservation League
Brad Heusinkveld
Matthew Nykiel
[e-mail]
[e-mail]
IdaHydro
Tom Arkoosh
[e-mail]
[e-mail]
Idaho Irrigation Pumpers Association, Inc.
Eric L. Olsen
Lance Kaufman
[e-mail]
[e-mail]
Micron Technology, Inc.
Jim Swier
Austin Rueschhoff
Thorvald A. Nelson
Austin W. Jensen
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
IPC-E-23-11 - CLEAN ENERGY OPPORTUNITIES FOR IDAHO -
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Northwest Energy Coalition
F. Diego Rivas
Benjamin J. Otto
[e-mail]
[e-mail]
Walmart Inc.
Steve W. Chriss
Norman M. Semanko
Justina A. Caviglia
[e-mail]
[e-mail]
[e-mail]
_____________________________
Kelsey Jae
Attorney for CEO
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