20131206final_order_no_32946.pdf

Office of the Secretary
Service Date
December 6,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF PACIFICORP UBA ROCKY MOUNTAIN )CASE NO.PAC-E-13-04
POWER TO INITIATE DISCUSSIONS WITH )
INTERESTED PARTIES ON ALTERNATIVE )ORDER NO.32946
RATE PLAN PROPOSALS )
On March 1,2013,PacifiCorp dba Rocky Mountain Power (“Rocky Mountain”or
“Company”)filed an Application requesting that the Commission open a case “to identify
interested parties that would like to participate [in]settlement discussions”regarding alternatives
to the Company filing a general rate case.Application at 1.
Subsequently,the Commission issued Orders granting intervention to various parties,
including the Community Action Partnership Association of Idaho (“CAPAI”).See Order Nos.
32761,32779.On June 3,2013,the Company filed a Stipulated Settlement Agreement
(“Stipulation”)signed by the Company,Commission Staff,and the intervening parties,except
CAPAI.
On September 25,2013,the Commission received a Petition for Intervenor Funding
from CAPAI.On September 27,2013,the Commission received Rocky Mountain’s filing in
opposition to CAPAI’s request for intervenor funding.On September 30,the Commission
received CAPAI’s response to Rocky Mountain’s opposition to its Petition for Intervenor
Funding and Affidavit in Support.
On October 24,2013,the Commission issued a final Order approving the Stipulation
but deferred its ruling regarding CAPAI’s Petition for Intervenor Funding.Order No.32910.
CAPAI’S SUPPLEMENTAL PETITION FOR INTERVENOR FUNDING
On November 6,2013,the Commission received CAPAI’s Supplemental Petition for
Intervenor Funding.The Supplemental Petition purports to comply with the Commission’s
directive to CAPAT to provide more detailed information regarding its request for intervenor
funding.See id.at 14.CAPAI’s Supplemental Petition divided its participation in the instant
case into seven discrete activities and assigned a percentage to each of those activities:
Review and Investigation of the Application (26%)
Discovery (8%)
Participation in Settlement Conference (19%)
ORDER NO.32946 1
Discovery Dispute (15%)
Witness/Hearing Preparation (9%)
Hearing (19%)
Preparation of Intervenor Funding Petition and Reply (4%)
COMMISSION FINDINGS AND DECISION
Having reviewed the several filings submitted by CAPAI and Rocky Mountain
related to CAPAI’s Petition for Intervenor Funding,the Commission finds that CAPAI should be
allowed to recover a reasonable amount of intervenor funding as compensation for fees and costs
accrued for the organization’s activities in this case.As stated above,our prior Order deferred a
final ruling regarding CAPAI’s Petition for Intervenor Funding and directed “CAPAI to indicate
the amount of hours or the percentage of hours spent on areas such as reviewing and
investigating the Application,discovery,participating in the settlement conferences,the
discovery dispute (Motion to Compel),witness/hearing preparation,the hearing,and preparing
the Intervenor Funding petition and reply.”Id.
Intervenor funding is available pursuant to Idaho Code §61-61 7A and Commission
Rules of Procedure 161 through 165.The statutory cap for intervenor funding that can be
awarded in any one case is $40,000.Idaho Code §61-617A(2).The Commission may order any
regulated utility with intrastate annual revenues exceeding $3.5 million “to pay all or a portion of
the costs of one or more parties for legal fees,witness fees,and reproduction costs not to exceed
a total for all intervening parties combined of $40,000....“Id.The basic premises supporting
the award of intervenor funding are to lessen the hardship for interested parties and thereby
“encourage participation at all stages of all proceedings before the commission so that all
affected customers receive full and fair representation in those proceedings.”Idaho Code §61-
617A(1).
In its Petition to Intervene,CAPAT stated that it “is a non-profit corporation
consisting of six community action agencies serving every county in Idaho and also includes,
among others,the statewide Community Council of Idaho ...“Petition at 2.In its Application
for Intervenor Funding,CAPAI states that its funding sources are “unpredictable”and that the
organization has “relatively little ‘discretionary’funds available.”Application at 9.CAPAI
states that it represents the interests of the residential class.Id.at 10.
The Commission finds that CAPAI meets the standards outlined in Commission
Rules 161 through 165 for the award of intervenor funding.The Commission finds that CAPAI
ORDER NO.32946
made material contributions which warrant a partial recovery of the amount requested,$16,050 —
CAPAI Petition,Exhibit A,for costs and expenses accrued by CAPAI in the prosecution of its
case.The Commission finds that an award of $12,000 for costs and expenses is fair,just and
reasonable.The Commission finds that this amount of intervenor funding is commensurate with
CAPAI’s relative contributions to the resolution of this case and will also encourage future
participation by similarly situated parties.
In awarding this amount,the Commission acknowledges and places a value on
CAPAI’s contributions,including feedback and dissent during settlement discussions,
preparation of prefiled witness testimony and at the technical hearing.Nevertheless,the
Commission finds that not all of CAPAI’s efforts materially contributed to the effective
resolution of this case,including but not limited to the “costs associated with CAPAI’s Motion to
Compel and associated pleadings.”Rocky Mountain Opposition to Funding at 3.
We urge counsel to develop or obtain a system to more accurately track and document his
professional services related to Commission proceedings.Such actions would greatly assist the
Commission in evaluating and expediting the resolution of future requests for intervenor
funding.
ORDER
IT IS HEREBY ORDERED that the Community Action Partnership Association of
Idaho’s Petition for Intervenor Funding is granted in the amount of $12,000.See Idaho Code §
61-617A.Rocky Mountain Power is ordered to remit said amount to CAPAI within 28 days
from the date of this Order.IDAPA 31.01.01.165.02.Rocky Mountain Power shall be permitted
to recover the cost of this intervenor funding in its next general rate case from the residential
customer class.See Idaho Code §61-617A(3).
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsideration within twenty-one (21)days of the service date of this Order.Within seven (7)
days after any person has petitioned for reconsideration,any other person may cross-petition for
reconsideration.See Idaho Code §6 1-626.
ORDER NO.32946 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this j
day of December 2013.
Kc4CPAULLLAR,PRESIDENT
\..:
MACK A.REDORD,COMMISSIONER
tA6
MARSHA H.SMITH,COMMISSIONER
ATTEST:
/LE fJe4D.Jewell
Cdmmission Seretary
O:PAC-E-I 3-O4np4Intervenor Funding
ORDER NO.32946 4