20231213Petition for Intervenor Funding.pdf

IDAHO PUBLIC UTILITIES COMMISSION, Case No. IUPC-E-23-11
ICL – Application for Intervenor Funding
Page 1
Matthew A. Nykiel (ISB No. 10270)
710 N. 6th St.
Boise, Idaho 83702
Phone: [phone]
Email: [e-mail]

Attorney for the Idaho Conservation League

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR ELECTRIC
SERVICE IN THE STATE OF IDAHO AND
FOR ASSOCIATED REGULATORY
TREATMENT
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)
)
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CASE NO. IPC-E-23-11

APPLICATION FOR INTERVENOR
FUNDING

IDAHO CONSERVATION LEAGUE

COMES NOW the Idaho Conservation League (“ICL”) pursuant to Idaho Code § 61-617A and
IDAPA 31.01.01.161-165 with the following application for intervenor funding. ICL is an intervenor the
above captioned matter by Order No. 35850 in the above captioned rate case requested by Idaho Power
Company (“Idaho Power” or “Company”). This application is timely pursuant to Commission instructions
and consent of parties at the November 29, 2023 technical hearing to submit such applications by
December 13, 2023. IDAPA 31.01.01-164. For the following reasons, an award of intervenor funding is
warranted.
I. Idaho Code § 61-617A and IDAPA 31.01.01.161 Utility Requirement
Idaho Power is a regulated electric utility in the state of Idaho with gross intrastate
annual revenues exceeding three million and five hundred thousand dollars ($3,500,000).

RECEIVED
2023 DECEMBER 13, 2023 4:20PM
IDAHO PUBLIC
UTILITIES COMMISSION

IDAHO PUBLIC UTILITIES COMMISSION, Case No. IUPC-E-23-11
ICL – Application for Intervenor Funding
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II. Idaho Code § 61-617A and IDAPA 31.01.01.162 Intervenor Requirements
The requirements for an application for intervenor funding provided by I.C. § 61-617A and IDAPA
31.01.01-162 are set forth below. In each, an award for intervenor funding to ICL is merited.
1. Itemized list of expenses
ICL incurred compensable costs and expenses in this procedure. Idaho Code empowers
the Commission to award “legal fees, witness fees, and reproduction costs.” I.C. § 61-617A.
Expenses incurred by ICL in this proceeding include time by Marie Callaway Kellner and
Matthew Nykiel, attorneys for ICL1, and Brad Heusinkveld, ICL Energy Associate. Broadly, ICL
reviewed the Company’s application, petitioned for, and was granted intervention, reviewed
relevant discovery, participated in settlement negotiations, prepared testimony in support of the
proposed settlement, and attended pubic and technical hearings. ICL attended settlement
conferences held at the Commission on September 18, October 4, and October 5, as well as
various parties’ meetings between these dates. An account of expenses, time, and hourly rates is
included in Exhibit A. IDAPA 31.01.01-162.01. ICL seeks recovery of these legal fees and costs.
In all these efforts ICL focused on a limited number of issues relevant to our interests and aimed
to use our time and the time of other parties efficiently. IDAPA 31.01.01-162.01.
2. Statement of Proposed Findings
ICL Intervened and actively participated in this docket to pursue our interest in energy
conservation, efficiency programs, and long-term price stability. Specifically, ICL supported
modifications to the Settlement and Stipulations regarding the Company’s rate design proposal, time of
use rate design, and inclusion of various informal meetings and workshops. ICL signed the proposed

1 Amended Notice of Parties; Notice of Substitution of Counsel by ICL (notifying and acknowledging substitution
of counsel from Marie Callaway Kellner to Matthew Nykiel on October 9, 2023).

IDAHO PUBLIC UTILITIES COMMISSION, Case No. IUPC-E-23-11
ICL – Application for Intervenor Funding
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settlement and offered its support through direct testimony.2 ICL also asks the Commission to grant this
request for intervenor funding.
3. Statement Showing Costs
ICL requests $6237.50 in intervenor funding. Exhibit A offers account of expenses. The hourly
rates and time spent by ICL staff and attorneys are reasonable for a complex utility rate case. Attorney for
ICL, Matthew Nykiel, has eight years of legal and policy experience in administrative and civil practice.
His requested rate of $150 is reasonable for a licensed attorney in this field. Marie Callaway Kellner has
12 years of legal and policy experience practicing in Idaho administrative procedures. Her requested rate
of $175 is also reasonable. ICL Energy Associate Brad Heusinkveld has one year experience in energy
policy in addition to other education and experience in highly technical fields. His requested rate of $125
is reasonable.
Idaho Power’s general rate case is a wide ranging and highly complex matter. To effectively
represent their interests, ICL reviewed the Company’s application, supporting materials, and discovery
before narrowing focus to a limited number of issues. ICL considered other aspects of this matter, but
limited our scope of settlement positions and prioritized the most impactful issues to our interests. While
parties’ contributions to the settlement process remain confidential pursuant to Rule 272, ICL frequently
deferred to positions and analysis of others on issues less relevant to our interests. We also relied on prior
research and experience developed in similar dockets before the Commission to limit redoubling of
efforts.
ICL approached settlement in good faith to arrive at a mutually agreeable settlement. The all-
parties, all-issues settlement before the commission is remarkable considering the breadth and complexity
of issues presented and the diversity of represented interests. Doubtless, agreement and compromise of
parties and the Company saved substantial time relative to an avoided litigated process before the

2 Heusinkveld, DI.

IDAHO PUBLIC UTILITIES COMMISSION, Case No. IUPC-E-23-11
ICL – Application for Intervenor Funding
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Commission. In settlement meetings and informally during negotiations, ICL frequently conferred with
other parties to refine and align our positions towards an agreeable offer. Again, the exact positions of
parties during negotiations remains confidential, but the compromises evident in the agreement materially
differ from the Company’s application while aligning with the public interest. For these reasons, ICL
materially contributed to the settlement to the benefit of the public interest while conserving the resources
of the Company, Staff, parties, and Commission.
Because the requested rates and costs are reasonable, time expended was prudent, and the scope
of work and costs were judiciously limited, the Commission should find ICL requested costs a
“reasonable amount.” IDAPA 31.01.01.162.03.
4. Explanation of Costs Statement
The recovery of costs in this matter supports the work of ICL in pursuing energy policy in the
public interest. ICL is a non-profit organization primarily funded through membership donations, private
grants, and endowment fund revenue. ICL does not have a direct financial interest in the outcome of this
case distinct from any other Idaho Power ratepayer.3 In this proceeding, we represent our members and
Idaho Power ratepayers interested in energy conservation, a transition to clean energy, and an equitable
energy regulatory process. While ICL budgets prudently for programmatic efforts, this complex matter
demanded considerable time and attention for staff to provide “full and fair representation” before the
Commission as stated in I.C. § 61-617A. Full participation in utility regulatory processes like the matter
at hand requires dedicated and specialized professionals. Attention to the issues in this case exacted the
kind of material and opportunity costs contemplated by the intervenor funding provisions of I.C. § 61-
616A and IDAPA 31.01.01.162.

3 ICL’s office in Boise is metered as a Schedule 8 Small General Service On-Site Generation customer. Our office in
Ketchum is Schedule 7 General Service customer.

IDAHO PUBLIC UTILITIES COMMISSION, Case No. IUPC-E-23-11
ICL – Application for Intervenor Funding
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ICL employs Brad Heusinkveld full time to pursue the organization’s long running clean energy
and decarbonization goals. His work continues ICL’s decades-long presence before the Commission.
Participation in matters before the Commission occupies a substantial portion of his portfolio. This work
requires considerable specialized skills and awareness to provide effective, professional advocacy for our
members and interests. Idaho PUC Rules of Procedure require a licensed attorney to represent
organizations. IDAPA 31.01.01.043. Marie Callaway Kellner and Matthew Nykiel are both attorneys with
considerable experience in state administrative procedures. By awarding full cost recovery here, the
Commission will “encourage participation in all stages of proceedings before the commission so that all
affected customers receive full and fair representation in those proceedings.” I.C. § 61-617A.
5. Explanation of Differences
ICL materially differed from the position of the Commission Staff (“Staff”) on the approval of
the offered settlement. Among the many issues discussed in settlement meetings, ICL’s focus centered on
the rate design elements of this docket. The detailed positions of parties during negotiations remain
confidential, but ICL generally differed from staff on the allocation of fixed and variable charges into
customer charges. ICL submitted written comments and testimony outlining our general position on rate
design in previous dockets before the Commission this year.4 In this docket, we opposed the Company’s
rate design plan to increase monthly customer charges to $35 per month over three years. Our analysis of
the Company’s materials suggests the direct monthly charge to customers should be less than the $10 per
month in year one, and $15 per month in year two offered in the settlement. We materially differed from
the staff on this position until final the settlement, which represents a compromise between several parties
and the Company. ICL also advocated for developing time of use bill protections in meetings with the
Company. ICL’s contributions and positions are reflected in the agreed upon proposed settlement. At
other times, we supported the positions of other intervenor parties, sometimes in opposition to Staff’s

4 Case No. AVU-E-23-01, McCloy, DI; Case No. PAC-E-22-15, ICL/NWEC Comments.

IDAHO PUBLIC UTILITIES COMMISSION, Case No. IUPC-E-23-11
ICL – Application for Intervenor Funding
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initial position, to arrive at an agreeable settlement. In a process of marked flexibility from Staff, the
Company, and intervenor parties, our support for the settlement represents a compromise position reached
through negotiation, though differences of position and perspective remain. Our advocacy, asserted in
good faith pursuit of the public interest, was in direct and material difference between and Staff in this
matter. IDAPA 31.01.01.162.05.
6. Statement of Recommendation
ICL recommends the Commission accept the proposed Settlement offered by the Company, Staff,
and parties. Brad Heusinkveld supplied direct testimony on behalf of ICL in support of the settlement,
outlining our sentiment that the settlement is in the public interest.5
7. Statement Showing Customer Class
ICL represent our members, many of whom are Idaho Power Residential Schedule 1 customers.
Our interests in this docket primarily, but not exclusively focused on the general residential schedule.

5 Heusinkveld, DI.

IDAHO PUBLIC UTILITIES COMMISSION, Case No. IUPC-E-23-11
ICL – Application for Intervenor Funding
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Conclusion
An award of intervenor funds to ICL is merited in this case. Idaho Power is a public utility whose
matters before the Commission are subject to recovery of intervenor funding. The foregoing sections
demonstrate that ICL has met the individual requirements for an award of intervenor funding identified in
I.C. § 61-617A and IDAPA 31.01.01.162. An award of funds furthers the purpose of I.C. § 61-617A to
encourage full participation and representation of varied interests before the Commission.

WHEREFORE, ICL respectfully requests the Commission grant this application in the amount of
$6,237.50.

DATED: December 13, 2021

s/ Matthew A. Nykiel
Matthew A. Nykiel (ISB No. 10270)
Attorney for ICL

IDAHO PUBLIC UTILITIES COMMISSION, Case No. IUPC-E-23-11
ICL – Application for Intervenor Funding
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Exhibit A: Statement of Costs

Legal Expenses Name Rate ($/hr) Time (hrs) Total Description
M. Kellner 175 0.75 $131.25 Drafting and review of intervention and substitution
notices
M. Nykiel 150 5.5 $825 Drafting and review of settlement documents and
testimonies; review of settlement and stipulations;
client conferences and communication

Staff Expenses Name Rate ($/hr) Time (hrs) Total Description
B. Heusinkveld 125 42.25 $5281.25 Draft filings and testimonies; review of Company
application; attend parties meetings and staff
presentations; development of positions; discovery
review; CCOS analysis and review; draft party
position statement; attend settlement meetings and
party conferences; draft testimony; review and
signature of settlement and stipulations; attend
public and technical hearings

Total Costs: $6237.50
IDAHO PUBLIC UTILITIES COMMISSION, Case No. ICP-E-23-11
Idaho Conservation League – Certificate of Service

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CERTIFICATE OF SERVICE
I hereby certify that on this 13th day of December 2023, I delivered true and correct
copies of the foregoing APPLICATION FOR INTERVENOR FUNDING to the following
persons via the method of service noted:

/s/ Matthew A. Nykiel

Matthew A. Nykiel (ISB No. 10270)
Attorney for Idaho Conservation League

Electronic Mail Only (See Order No.
35058):

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

Commission Staff
Chris Burdin
Deputy Attorney General
Idaho Public Utilities Commission
[e-mail]

Idaho Power Company
Lisa Nordstrom
Megan Goicoechea Allen
Donovan Walker
[e-mail]
[e-mail]
[e-mail]

Tim Tatum
Connie Aschenbrener
Matt Larkin
[e-mail]
[e-mail]
[e-mail]

Clean Energy Opportunities for Idaho
Kelsey Jae
Law for Conscious Leadership
920. N. Clover Dr.
Boise ID, 83703
[e-mail]

Mike Heckler
Courtney White
[e-mail]
[e-mail]

IIPA
Eric Olsen
Echo Hawk & Olsen, PLLC
P.O. Box 6119
Pocatello, ID 83205

Lance D. Kaufman, Ph.D
2623 Blue Bell Pl.
Corvallis OR, 97330
[e-mail]

IDAHO PUBLIC UTILITIES COMMISSION, Case No. ICP-E-23-11
Idaho Conservation League – Certificate of Service

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ICIP
Peter Richardson
Richardson Adams, PLLC
[e-mail]

Dr. Don Reading
280 Silverwood Way
Eagle ID, 83616

Micron Technology, Inc.
Jim Swier
Micron Technology, Inc.
8000 S. Federal Way
Boise ID, 83707

Austin Rueschhoff
Thorvald Nelson
Austin W. Jensen
Holland & Hart, LLP
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

IdaHydro
Tom Arkoosh
Arkoosh Law Office
913 W. River St., Suite 450
P.O. Box 2900
[e-mail]
[e-mail]

City of Boise
Ed Jewel
Daryl Early
Deputy City Attorneys
Boise City Attorney’s Office
150 N. Capitol Blvd., PO Box 500
Boise, ID 83701-0500
[e-mail]
[e-mail]
[e-mail]

Wil Gehl
Boise City Dept. of Public Works
[e-mail]

Federal Executive Agencies
Peter Meier
U.S. Department of Energy
1000 Independence Ave.
SW Washington, D.C. 20585
[e-mail]

Dwight Etheridge
Exeter Associates
5565 Sterrett Place, Suite 310
Columbia, MD 21044
[e-mail]

NW Energy Coalition
Diego Rivas
NW Energy Coalition
1101 8th Ave.
Helena, MT 59601
[e-mail]

Benjamin J. Otto
1407 W. Cottonwood Court
Boise, ID 83702
[e-mail]

Walmart, Inc.
Justina A. Caviglia, pro hac vice
Parsons Behle & Latimer
50 West Liberty St., Ste. 750
Reno, NV 89502
[e-mail]

Stephen Chriss
Walmart, Inc.
2608 Southeast J Street
Bentonville, AR 72716
[e-mail]