20130927Opposition to Funding.pdf

ROCKY MOUNTAIN
POUIIER
A Dlvlslolil OF PA/OF|CORP
September 27,2013
I/U OVERNIGHT DELIVERY
Jean D. Jewell
Commission Secretary
Idaho Public Utilities Commission
472W. Washington
Boise,ID 83702
Attention: Jean D. Jewell
Commission Secretary
RB: CASE NO. PAC-E-13-04
IN THE MATTER OF THE APPLICATION OF ROCKY
INITIATE DISCUSSIONS WITH INTERESTED PARTIES
PLAI\I PROPOSALS
Ma* C. Moench
Senior Vice President and General Counsel
201 S. Main Sfieet, Suite 2400
Salt Lahe CiO, aT 84111
801-2204459 Ollice
801-2204058 Fax
ma r k. mo en c h@1t ac iJi c o rp, c o m
cn
MOUNTAIN POWER TO
ON ALTERNATIYE RATE
Enclosed please find the original and seven (7) copies of Rocky Mountain Power's Opposition to
CAPAI's request for intervenor funding for costs associated with CAPAI's motion to compel
and related pleadings in the above referenced case.
Please let me know if you have any further questions.
Sincerely,
V,(rr,0-6 fu(oh'"'(^-
Mark C. Moench
Senior Vice President and General Counsel
Rocky Mountain Power
Enclosures
Cc: Service List
Mark C. Moench (ISB# 8946)
Daniel E. Solander (ISB# 8931)
201 South Main Street, Suite 2300
Salt Lake City, Utah 841I I
Telephone No. [phone]
Facsimile No. [phone]
mark. mo en ch@p acifrco rp. com
danie l. so lan der @pacifrcorp.com
Attorneysfor Roclry Mountain Power
IN THE MATTER OF THE
APPLICATION OF ROCKY
MOUNTAIN POWER TO INITIATE
DISCUSSIONS WITH INTERESTEI)
PARTIES ON ALTERNATIYE RATE
PLAIT PROPOSALS
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. PAC.E.13-04
oPPOSITTON TO REQUEST FOR
INTERVENOR FUNDING
ROCKY MOUNTAIN POWER'S OPPOSITION TO CAPAI'S
REQUEST FOR INTERVENOR FUNDING FOR COSTS ASSOCIATED WITH
CAPAI'S MOTION TO COMPEL A}[D RELATED PLEADINGS
Rocky Mountain Power hereby submits its opposition to the request to the Idaho Public
Utilities Commission (the "Commission") from the Community Action Partnership Association
of Idaho ("CAPAI") for intervenor funding hled in the above captioned proceeding for any costs
associated with CAPAI's Motion to Compel and related pleadings. [n support of its opposition,
Rocky Mountain Power states as follows:
L On September 25,2013, Community Action Partnership of Idaho filed a petition
with the Commission seeking funding for the fees and costs associated with CAPAI's
participation in Rocky Mountain Power's alternative rate plan case. CAPAI's petition requests
S16,050 in intervenor funding, including $15,300 in legal fees. Based on the petition and the
attached "ltemized Expenses" it is not clear to Rocky Mountain Power what portion of this
request is related to CAPAI's participation in settlement discussions, preparation of its witness
testimony, and preparation for the hearing, and what portion is related to the Motion to Compel
filed by CAPAI.
2. Because of this lack of transparency, Rocky Mountain Power respectfully submits
that the Commission should require CAPAI to comply with Rule 162 and provide a detailed
accounting regarding the number of hours that were spent on the Motion to Compel and Brief in
Support filed by CAPAI and CAPAI's premature and disingenuous Reply to Response to Motion
to Compel filed by Rocky Mountain Power, and disallow all costs associated with those
pleadings. Rocky Mountain Power would also note that, despite the Commission's denial of
CAPAI's request to file a legal brief at the end of the technical hearings, it appears that seven to
eight pages of CAPAI's Petition for Intervenor Funding are in fact CAPAI's brief. Because the
request to file a brief was denied, Rocky Mountain Power believes that intervenor funding for the
preparation of the Petition should also be denied.
3. As described in Rocky Mountain Power's Response to CAPAI's Motion to
Compel, filed with the Commission on August 9, 2013, Rocky Mountain Power fully and
properly responded to CAPAI's data requests in a timely fashion. CAPAI's insistence, even in
its Petition for Intervenor Funding, that Rocky Mountain Power failed to produce any
information it was required to is disingenuous, and ignores the Commission Rules and ldaho
Rules of Civil Procedure regarding discovery. CAPAI's Motion to Compel, its Brief in Support,
and its Reply were all unnecessary, a waste of party and Commission resources, and should not
be supported by intervenor funding.
4. Accordingly, Rocky Mountain Power requests that the Commission deny
CAPAI's request for intervenor funding in the case for costs associated with the Motion to
Compel and associated pleadings. Rocky Mountain Power takes no position on the remainder of
CAPAI's request for intervenor funding.
WHEREFORE, Rocky Mountain Power respectfully requests the following:
l. That the Commission grant Rocky Mountain Power's opposition to CAPAI's
request for intervenor funding for any costs associated with CAPAI's Motion to Compel and
related pleadings in Case No. PAC-E-13-04 as well as costs associated with preparation of the
Petition for Intervenor Funding.
DATED this 27ft day of September 2013.
Respectfu lly submitted,
ROCKY MOUNTAIN POWER
7(rr!-6,74(a2"*(^-
Mark C. Moench
Daniel E. Solander
Attorneys for Roclcy Mountain P ow er
CERTIFICATE OF SERVICE
I hereby certif, that on this 27tr day of September,20l3,I caused to be served, via electronic mail, a true
and correct copy of Rocky Mountain Power's Opposition in PAC-E-13-04 to the following:
Ted Weston
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, UT 841I I
ted.weston@oacifi com.com
Data Request Response Center
PacifiCorp
datarequest@.pacificom. com
Randall C. Budge
Racine, Olson, Nyc, Budge & Bailey
201 E. Center
P0 Box l39l
Pocatello, lD 83204-1391
E-Mail: [e-mail]
James R. Smith
Monsanto Company
P.O. Box 816
SodaSprings,lD 83276
[e-mail]
Anthony Yankel
29814 Lake Road
Bay Village, OH44140
[e-mail]
Ronald Williams
Williams Bradbury, P.C.
1015 W. Hays St.
Boise,ID 83702
ron@williamsbradbury. com
Tim Buller
Agrium, Inc.
3010 Conda Rd.
SodaSprings,lD 83276
[e-mail]
Brad Purdy
Attorney at Law
2019 N. 17ft St.
Bosie, ID 83702
[e-mail]
Daniel E. Solander
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, UT 841I I
dan iel. solander@pacifi corp.com
Ken Miller
Snake River Alliance
Box l73l
Boise, ID 83701
[e-mail]
Neil Price
Deputy Attomey General
Idaho Public Utilities Commission
472 W, Washington (837 02)
P0 Box 83720
Boise,ID 83720-00'14
[e-mail]. eov
Eric L. Olsen
Racine, Olson, Nye, Budge & Bailey
201E. Center
P0 Box l39l
Pocatello, ID 83204- I 39 I
[e-mail]
Brubaker & Associates
16690 Swingley Ridge Rd., #140
Chesterfield, MO 63017
[e-mail]
Benjamin J. Otto
Idaho Conservation League
710 N. 6tr St.
Boise,ID 83702
botto@idahoconservation. ore
Don Schoenbeck
RCS,Inc.
900 Washington St., Suite 780
Vancouver, WA 98660
[e-mail]
Supervisor, Regulatory Operations