20050310Intervention Order No 29721.pdf

Office of the Secretary
Service Date
March 10 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
ACIFICORP DBA UTAH POWER & LIGHT
COMP ANY FOR AUTHORITY TO INCREASE
ITS RATES FOR ELECTRIC SERVICE TO
ELECTRIC CUSTOMERS IN THE ST ATE OF IDAHO.
CASE NO. PAC-O5-
ORDER NO. 29721
Timothy J. Shurtz petitioned to intervene in this case on February 23, 2005, pursuant
to Rules of Procedure 71 through 75 of the Idaho Public Utilities Commission IDAP A
31.01.01.071-075. Mr. Shurtz in his Petition states the following:
1. Any rate increase will affect me personally as a customer of Utah Power.
2. As an elected official, I personally voted to grant Utah Power a franchise
to sell power within Firth, Idaho.
3. As a community leader, I feel a responsibility to those I represent and
depend on me to look after their interest.
4. Because no other private advocacy groups or private individuals have
come forward to represent the residential consumers or small business
consumers, that my participation in this case is warranted.
On March 2 , 2005 , PacifiCorp dba Utah Power & Light Company filed a response to
Mr. Shurtz s Petition to Intervene. The Company notes that it does not appear from the Petition
that Mr. Shurtz is currently an authorized representative of any city or town, of any particular
community organization, or of any particular customer groups. The stated "direct and
substantial interest" upon which Mr. Shurtz s intervention should be determined, the Company
contends, is solely his status as a customer of Utah Power.
BACKGROUND
Persons not original parties to a proceeding who claim a direct and substantial
interest in the proceeding may petition for an order from the Commission granting intervention
to become a party. IDAP A 31.01.01.071. The petition must concisely state the direct and
substantial interest of the petitioner in the proceeding. IDAP A 31.01.01.072. If a petition to
intervene shows direct and substantial interest in any part of the subject matter of a proceeding
ORDER NO. 29721
and does not unduly broaden the issues, the Commission or the presiding officer may grant
intervention, subject to reasonable conditions. IDAP A 31.01.01.074. If it later appears that an
intervenor has no direct or substantial interest in the proceeding, or that the intervention is not in
the public interest, the Commission may dismiss the intervenor from the proceeding. Id.
DISCUSSION
We find that intervention by Timothy J. Shurtz in his individual capacity will serve
the purposes of intervention as described by Rule 74 of the Rules of Procedure and should be
granted. Consistent with the legislature s stated policy "to encourage participation at all stages
of all proceedings before the commission so that all affected customers will receive full and fair
representation " the Commission has liberally allowed intervention and encouraged public
participation. See Idaho Code ~ 61-617A. If it subsequently appears that a party s intervention
is not in the public interest, or that issues are unduly broadened by an intervenor, the
Commission may place limits on the party s participation or even dismiss the intervenor from the
proceeding. IDAP A 31.01.01.074.
There is nothing in the record we find, to indicate that Timothy Shurtz is an
authorized representative of any residential or small business customer group, and his Petition to
Intervene will be granted only as an individual residential customer. Although Mr. Shurtz in his
Petition noted that no private advocacy group had come forward to represent the residential
consumers, we note that a contemporaneous filing for intervention in this case was made by the
Community Action Partnership Association of Idaho. We also remind Mr. Shurtz that approval
of a petition to intervene does not assure that intervenor funding will be awarded to any
particular intervenor, as that determination is governed by Idaho Code ~ 61-617A.
ORDER
IT IS THEREFORE ORDERED that the Petition to Intervene filed by Timothy J.
Shurtz is hereby granted as to his individual capacity.
IT IS FURTHER ORDERED that all parties in this proceeding serve all papers
hereafter filed in this matter on all parties of record. For purposes of service Mr. Timothy J.
Shurtz s address is:
Timothy J. Shurtz
411 S. Main
Firth, ID 83236
E-mail: tim(~jdahosupreme.com
ORDER NO. 29721
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of March 2005.
M J Sl~
MARSHA H. SMITH, COMMISSIONER
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
IJ
Jean . ewell
Comm ssion Secretary
O:PACE0501 in6
ORDER NO. 29721