20010524Order No 28718.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF PACIFICORP DBA UTAH POWER & LIGHT COMPANY FOR APPROVAL OF ITS PROPOSED ELECTRIC SERVICE SCHEDULE NO. 72, “IRRIGATION CURTAILMENT PROGRAM RIDER”
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CASE NO. PAC-E-01-4

ORDER NO. 28718

On March 28, 2001, the Idaho Irrigation Pumpers Association, Inc. (“IIPA”) filed an Application for Intervenor Funding in this case pursuant to Idaho Code § 61-617A and Rule 162 of the Commission’s Rules of Procedure, IDAPA 31.01.01.
In its Application, IIPA claimed the following fees and costs:
Legal Fees (Randall C. Budge---10.5 hours @ $150/hr.) $1,575.00
Consulting Fees (Tony Yankel---28 hours @ $100/hr.) $2,800.00

Total $4,375.00

IIPA contends that it recommended approval of PacifiCorp’s Program on an expedited basis using Modified Procedure, that the bid price be increased from 8.5¢ per kWh to 15¢ per kWh, and that the disconnection requirement be eliminated. IIPA states that it advocated that its recommendations if adopted by the Commission would ensure a greater level of participation from irrigators and provide a larger savings to ratepayers enabling the Company to avoid additional high market purchases. Accordingly, IIPA asserts that the expenses and costs incurred are reasonable in amount and were necessarily incurred. IIPA also asserts that its involvement in this matter proceeded the filing of the Company’s Application. IIPA contends that early in the fall of 2000 it contacted representatives of the Company to encourage the development and implementation of conservation programs affecting the irrigation class.
IIPA alleges that the expenses and costs incurred by it participating in this case constitute a significant financial hardship for it. IIPA contends that it currently has less than $20,000 in the bank and substantial accounts payable as a result of participation in several cases filed recently by Idaho Power and PacifiCorp. IIPA also states that it is a non-profit corporation that represents farm interests in electric utility rate matters in southern and central Idaho and relies solely upon dues and contributions voluntarily paid by members, together with intervenor funding to fund activities and participate in cases. However, IIPA alleges that member contributions have fallen because of the extremely depressed agricultural economy. Accordingly, IIPA states that it continues to be a financial hardship for it to fully participate in all rate matters affecting its members. As a result of financial constraints IIPA alleges that its participation in past cases has been selective and on a limited basis.
IIPA contends that the positions set forth by it in these proceedings were different than those taken by the Company, Commission Staff and other intervenors with regard to the price that PacifiCorp would pay irrigation customers to curtail energy consumption.
Finally, IIPA contends that the position taken by it in this case addresses issues which concern the general body of users or consumers.
The Commission has not received any filed opposition to IIPA’s Application.
STANDARDS FOR INTERVENOR FUNDING
Idaho Code § 61617A and Rules 161-165 of the Commission’s Rules of Procedure provide the framework for awards of intervenor funding. Section 61617A(1) declares that it is “policy of this state to encourage participation at all stages of all proceedings before the commission so that all affected customers receive full and fair representation in those proceedings.” Accordingly, the Commission may order any regulated utility with intrastate annual revenues exceeding $1,500,000 to pay all or a portion of one or more parties' legal fees, witness fees, and reproduction costs not to exceed a combined amount of $25,000. Idaho Code § 61-617A(2). The Commission’s determination of whether to award intervenor fees and costs in a particular proceeding shall be based on the following considerations: (1) whether the intervenor materially contributed to the decision rendered by the Commission; (2) whether the alleged costs of intervention are reasonable in amount and would be a significant financial hardship for the intervenor to incur; (3) whether the recommendation made by the intervenor differed materially from the testimony and exhibits of the Commission Staff; and (4) whether the testimony and participation of the intervenor addressed issues of concern to the general body of users or consumers.
Subsection 5 of this statute provides that intervenors who are in direct competition with the public utility involved in proceedings before the Commission shall not be granted funding.
Rule 162 of the Commission’s Rules of Procedure provides the procedural requirements with which an application for intervenor funding must comply. The application must contain: (1) an itemized list of expenses broken down into categories; (2) a statement of the intervenor’s proposed finding or recommendation; (3) a statement showing that the costs the intervenor wishes to recover are reasonable; (4) a statement explaining why the costs constitute a significant financial hardship for the intervenor; (5) a statement showing how the intervenor’s proposed finding or recommendation differed materially from the testimony and exhibits of the Commission Staff; (6) a statement showing how the intervenor’s recommendation or position addressed issues of concern to the general body of utility users or customers; and (7) a statement showing the class of customer on whose behalf the intervenor appeared.
Finally, Rule 165 provides that the Commission must find that the intervenor’s presentation materially contributed to the Commission’s decision.
There were no motions filed in opposition to IIPA’s Application for intervenor funding within the 14day time period provided for in Rule 164.
FINDINGS
We find that IIPA’s Application in this case was timely filed and satisfies all of the other “procedural” requirements set forth in Rules 161-165 of the Commission’s Rules of Procedure.
Rule 165 of the Commission’s Rules of Procedure contains the following “substantive” requirements: (a) IIPA’s involvement in this case must have materially contributed to the Commission’s final decision, (b) the costs of intervention awarded are reasonable in amount, (c) the costs of intervention are a significant hardship for IIPA, (d) the recommendations of the IIPA differed materially from the testimony and exhibits of Commission Staff, and; (e) the IIPA addressed issues of concern to the general body of ratepayers.
Once PacifiCorp filed its Application IIPA’s participation in this case had very little influence on the Commission’s final decision. Furthermore, any fees or costs which IIPA incurred in relation to this Program prior to PacifiCorp filing its Application are not justified as they are not contained on the itemized fee affidavits submitted by Randy Budge and Tony Yankel. Accordingly, the Commission does not find that IIPA’s recommendations materially contributed to our final decision in this case.
Although IIPA’s participation in this case did address issues of concern to the general body of users or consumers it is clear that IIPA’s positions in this case did not differ materially from the testimony and exhibits of the Commission Staff.
Finally, the Commission does not find the amount of intervenor funding requested to be reasonable in amount because of its findings above. Accordingly, we find that the Application for Intervenor Funding of IIPA fails to comply with the letter and spirit of Idaho Code § 61-617A and Commission Rule 165. Therefore, IIPA’s request for intervenor funding in this case is denied.
O R D E R
IT IS HEREBY ORDERED that the Idaho Irrigation Pumpers Association’s Application for Intervenor Funding is denied in its entirety.
THIS IS A FINAL ORDER. Any person interested solely in this Order in this Case No. PAC-E-01-4 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order in this Case No. PAC-E-01-4. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61626.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of May 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:PACE014_jh3

ORDER NO. 28718 1

Office of the Secretary
Service Date
May 24, 2001