20231130Petition for Intervenor Funding.pdf

VOTE SOLAR’S PETITION FOR INTERVENOR FUNDING - 1

Abigail R. Germaine (ISB No. 9231)
Elam & Burke, P.A.
251 E. Front St. Suite 300
P.O. Box 1539
Boise, Idaho 83701
[phone]
[phone] (fax)
[e-mail]

Attorney for Vote Solar

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
AUTHORITY TO IMPLEMENT
CHANGES TO THE COMPENSATION
STRUCTURE APPLICABLE TO
CUSTOMER ON-SITE GENERATION
UNDER SCHEDULES 6, 8, AND 84 AND
TO ESTABLISH AN EXPORT CREDIT
RATE METHODOLOGY

CASE NO. IPC-E-23-14
VOTE SOLAR’S PETITION FOR
INTERVENOR FUNDING

COMES NOW, Vote Solar, by and through counsel, Elam & Burke, P.A., and pursuant to
Idaho Code § 61-617A and IDAPA 31.01.01.161-165, respectfully petitions the Idaho Public
Utilities Commission (“Commission”) for intervenor funding. Pursuant to IDAPA Rule 164, this
application is timely, as it is made within fourteen (14) days of the date of the last deadline for
submitting briefs which was November 16, 2023.
The Commission has previously ruled that Intervenors may petition for funding and receive
awards for all work done in modified procedure dockets that involved negotiations and filing
written comments but not evidentiary hearings. Petitions for intervenor funding must be filed
within fourteen days “after the last evidentiary hearing in a proceeding or the deadline for
submitting briefs, proposed orders, or statements of position, whichever is last.” IDAPA
31.01.01.164. This case was processed through a modified proceeding, in which parties were
RECEIVED
Thursday, November 30, 2023 1:44:35 PM
IDAHO PUBLIC
UTILITIES COMMISSION

VOTE SOLAR’S PETITION FOR INTERVENOR FUNDING - 2

permitted to file statements of positions/comments. The last comments were provided by Idaho
Power Company (“Idaho Power”) on November 16, 2023. Therefore, the deadline to submit
applications for intervenor funding is November 30, 2023.
REQUEST FOR INTERVENOR FUNDING
I. Idaho Code § 61-617A and IDAPA Rule 31.01.01.161 Apply.
The Commission, based on Idaho Power’s own filings, can take official notice that Idaho
Power is a regulated electric utility with gross Idaho intrastate, annual revenues exceeding three
million, five hundred thousand dollars ($3,500,000.00).
II. IDAPA Rule 31.01.01.162 Requirements.
a. Itemized List of Expenses.
Attached hereto as Exhibit A is an itemized list of legal expenses incurred by Vote Solar
in this proceeding. Idaho Code provides that the Commission may award “legal fees, witness fees,
and reproduction costs” to intervenors in a proceeding. Idaho Code § 61-617A. As listed in Exhibit
A, Vote Solar petitioned to intervene in this case, was granted status as a party, participated in
public workshops held by the Commission, attended customer hearings, submitted and reviewed
substantive production requests, reviewed Idaho Power’s extensive application and
methodologies, and filed detailed and technical comments and reply comments in response to
Idaho Power’s application. Vote Solar seeks recovery of only legal fees in this docket. Vote Solar’s
expert advisor, Kate Bowman, Regulatory Director, Interior West, is not seeking reimbursement
of her substantial time and expenses to this Idaho docket. Vote Solar was mindful to focus on
issues directly relevant to this docket’s application and sought to efficiently utilize its resources
alongside the resources of the other parties.

b.Statement of Proposed Findings.
Vote Solar intervened in this docket to ensure that Idaho energy policy includes fair
treatment of those customers with on-site generation, including those customers with on-site solar
installation investments. Vote Solar, through its technical advisor Ms. Bowman, reviewed Idaho
Power’s proposal for an export credit rate and challenged the methodology and information that
was used to generate Idaho Power’s proposal.
Specifically, Vote Solar’s analysis quantifying the benefits of exported energy
demonstrates that its value is comparable to, or higher than, volumetric retail rates paid by Idaho
Power customers for electricity. This finding justifies the retention of an equivalent rate for energy
consumption and exports for Schedules 6 and 8 and net metering for Schedule 84. Vote Solar’s
primary recommendation was that the Commission keep existing rates applicable to customers
with on-site generation in place and monitor both solar adoption and the value of exported energy
over time. In the alternative, should the Commission elect to adopt an avoided cost-based financial
credit rate for energy exports, the export credit rate must account for the full range of avoided
costs that result from exported on-site generated energy, including avoided energy costs,
avoided generation capacity costs, avoided transmission and distribution costs, avoided fuel cost
risk, and quantifiable avoided environmental costs. In summary, Vote Solar recommended
that the Commission approve a flat annual average export credit rate of 10.04 cents per
kilowatt-hour as the default offering, along with an optional time-differentiated export credit
rate available to customers at their discretion. Vote Solar also recommended that the export
credit rate be locked-in for individual customers for a period of at least 10 years. Vote
Solar’s full analysis and recommendations are found in its Formal Comments filed on
October 12, 2023, and Reply Comments filed on November 2, 2023.
VOTE SOLAR’S PETITION FOR INTERVENOR FUNDING - 3

VOTE SOLAR’S PETITION FOR INTERVENOR FUNDING - 4

c. Statement Showing Reasonableness of Costs.
Vote Solar, as shown in Exhibit A, requests $8,880.00 in intervenor funding for legal
counsel fees. As mentioned, Vote Solar is not seeking reimbursement for its technical advisors’
time and resources spent on this docket. Both the hourly rate and the hours expended by Vote
Solar’s legal counsel, Abigail R. Germaine of Elam & Burke, PA, are reasonable for this complex
case. Vote Solar’s legal counsel has direct and specialized experience appearing before the
Commission on similar subject matter. The hourly rate of $300 reflects this experience and the
local market conditions, and is a reduced amount from her typical hourly rate. This case covered
complex and technical issues and required reviewing and responding to extensive analysis and
proposals by Idaho Power, Commission staff, and other parties. To understand the various
positions of the public and the parties, Vote Solar attended public workshops and customer
hearings on this matter. Legal counsel and expert advisors for Vote Solar were active participants
in all stages of the proceeding. In each endeavor, Vote Solar and legal counsel sought to be efficient
with time and delegations of tasks. Other costs not included in this request include travel, printing,
and technical advisor hours invested by Vote Solar. For all those reasons, Vote Solar’s request for
intervenor funding to strictly reimburse legal counsel costs is reasonable.
d. Explanation of Cost Statement.
Vote Solar is an independent 501(c)(3) nonprofit organization working to make solar
power more accessible and affordable throughout the United States. Vote Solar has over 80,000
members nationally. Vote Solar is not a trade group and does not have corporate members. Vote
Solar has actively participated in prior proceedings related to the value of distributed solar before
the Commission, including IPC-E-17-13 regarding new schedules for customers with on-site
generation and IPC-E-18-15 regarding Idaho Power’s Application to study net excess energy from

VOTE SOLAR’S PETITION FOR INTERVENOR FUNDING - 5

customer on-site generation. Vote Solar does not have any financial interest in the outcome of this
proceeding.
Access to intervenor funding is necessary to ensure Vote Solar’s ongoing ability to help
ensure “full and fair representation” before the Commission. Idaho Code § 61-617A. In this
proceeding Vote Solar represent its members and supporters who are Idaho Power ratepayers as
well as those who have an interest in promoting distributed energy generation. To provide
consistent, professional, and impactful advocacy for its members and supporters, Vote Solar
dedicates substantial staff time and resources to these issues and to policy making at the
Commission. The cost of being involved in these proceedings is a significant financial
commitment for a non-profit organization. The availability of intervenor funding is essential for
Vote Solar to participate in these proceedings.
e. Statement of Difference.
Throughout Vote Solar’s Formal Comments and Reply Comments, it presented the
perspectives of customers that had purchased onsite generation systems, and those that may
purchase such systems in the future. Vote Solar described the complexities of Idaho Power’s
proposal and illustrated how customers struggle to interpret and understand the components of
Idaho Power’s proposed export credit rate. Vote Solar’s analysis and methodologies in evaluating
exported on-site generation resulted in different positions and different information than what was
presented by Commission staff. Vote Solar provided differing technical analysis on several main
points: 1) how to calculate avoided costs from export energy; 2) how environmental benefits can
be monetized, 3) how to simplify the methodology of an export credit rate to be more readily
understood by customers, and 4) the request for Idaho Power to initiate a docket to evaluate
program designs that incent on-site generation customers to discharge stored energy during
VOTE SOLAR’S PETITION FOR INTERVENOR FUNDING - 6
optimal times for the grid.
f.Statement of Recommendation.
Vote Solar’s recommendations address issues of concern for on-site generation customers
if the benefits of on-site generation are not properly calculated. All customers, regardless of class,
have an interest in ensuring Idaho Power enables the development of on-site generation to reduce
the need to develop and purchase energy from fossil fuels. Vote Solar’s technical analysis greatly
assisted the parties and customers in understanding Idaho Power’s proposal and offering
alternatives that more accurately reflect the value of exported energy from on-site generation. Vote
Solar’s Formal Comments and Reply Comments highlight issues with implementation of an export
credit rate as proposed by Idaho Power.
g.Statement Showing Class of Customer.
Vote Solar’s members and supporters consist of residential and small commercial
customers of Idaho Power. Vote Solar’s participation in this proceeding also assisted in evaluating
the benefits of on-site generation provided to all classes of customers.
Based on the foregoing reasons, Vote Solar respectfully requests that the Commission grant
its petition for intervenor funding in the amount of $8,880.00 as illustrated in Exhibit A.
DATED this 30th day of November, 2023.
VOTE SOLAR’S PETITION FOR INTERVENOR FUNDING - 7
CERTIFICATE OF SERVICE
I HEREBY certify that I have on this 30th day of November, 2023, I served the foregoing to
Idaho Power Company by electronic mail to the following:
Idaho Public Utilities Commission
Attorneys for Idaho Conservation League
th
Idaho Power Company
Idaho Irrigation Pumpers Association
Micron Technology, Inc.
Clean Energy Opportunities for Idaho

Attorneys for IdaHydro
VOTE SOLAR’S PETITION FOR INTERVENOR FUNDING - 8
Timothy E. Tatum
Connie Aschenbrenner
Grant Anderson
Idaho Power Company
PO Box 70
Boise, ID 83707
[e-mail]
[e-mail]
[e-mail]
Courtney White
Mike Heckler
Clean Energy Opportunities for Idaho
3778 Plantation River Dr. Suite 102
Boise, ID 83703
[e-mail]
m
[e-mail]
Austin Rueschhoff
Thorvald A. Nelson
Austin W. Jensen
Micron Technology, Inc.
Holland & Hart, LLP
555 17th St. Suite 3200
Denver, CO 80202
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Darrell Early
Boise City Attorney’s Office
150 N. Capitol Blvd.
Boise, ID 83701
Boise City Attorney
[e-mail]
[e-mail]
Wil Gehl
Boise City Dept. of Public Works
150 N Capitol Blvd.
Boise, ID 83701
[e-mail]
__________________________________
Abigail R. Germaine
Exhibit A
Cost Statement for Vote Solar
Total Cost Requested:
$8,880.00
VOTE SOLAR’S PETITION FOR INTERVENOR FUNDING - 9VOTE SOLAR’S PETITION FOR INTERVENOR FUNDING - 9
Exhibit A
Cost Statement for Vote Solar
Total Cost Requested: $8,880.00
Billed and Unbilled
Date Attorney Rev Hrs Rev Amt Rev Rate Status Narrative
05/26/2023 ARG 0.80 240.00 300.00 Billed
Telephone call with Kate Bowman to discuss Vote Solar intervention
and next steps.
06/12/2023 ARG 2.80 840.00 300.00 Billed
Review Idaho Power application for IPC-E-23-14. Draft email
correspondence to Kate Bowman regarding same. Draft petition to
intervene in Idaho Power application. Send same to Kate Bowman.
Revise and finalize petition to intervene. File petition to intervene with
Review intervention order from PUC granting Vote Solar's petition to
intervene. Review notice of parties from PUC. Review and respond to
PUC regarding deadline for comments and replies in modified
Review and respond to email correspondence from Kate Bowman
regarding discovery requests. Attend virtual workshop with the IPUC to
same. Send discovery request to Kate Bowman for comment. Review
from Idaho Power. Review discovery response and information
regarding discovery issues. Review materials submitted by Idaho Power
comment submittal. Draft email correspondence to other intervenors.
Review comment outline provided by Kate Bowman. Provide comments
to same. Provide initial draft template of comments. Attend Teams
Review and respond to email correspondence from Kate Bowman
comments. Review information provided by Idaho Power in response to
Review draft comments for filing with Commission. Provide revisions to
Bowman regarding same. Review correspondence from Commission
Review and finalize data request to Idaho Power from Vote Solar. Draft
Time Report
10/24/2023 ARG 3.70 1,110.00 300.00 Billed
Prepare for customer hearing in front of the IPUC. Travel to and attend
hearing at IPUC on behalf of Vote Solar. Outline issue brought by
regarding issues for consideration in reply comments and intervenor
Review and respond to email correspondence from Kate Bowman
Begin preparing petition for intervenor funding on behalf of Vote Solar.
29.60 8,880.00