20020517Shurtz Request for Intervenor Funding.pdf

Idaho Public Utilities Commission
O. Box 83720
Boise, ill 83720-007
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RECEIVED m FILED
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Honorable Commissions:IDAHO PUBLIC
UTILITIES COMMISSION
Intervener, Timothy J. Shurtz, respectfully requests reimbersment and compensation for the
intervention activities in Case No. PAC-02-, under provisions ofIDAPA 31.01.01 , under
commission rules of procedure 161-170.
Rule procedure 162.01.Itemized list of expenses in Case P AC-02-
List of Time and Activities Involved with Case P AC-02-
February 19 2002 16 hours Pre-Conference Hearing and Negociations.
February 25 , 2002 5 hours Met with Kathaleen Lewis, Executive Director of South
East Idaho Council of Governments.
February 25, 2002 5 hour Talked with Commission Staff, Ron Law.
February 25, 2002 1 hour Discussed ramifications of case with the Firth City
Council.
February 26, 2002 5 hour Talked with Commission Staff, Ron Law.
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March 4&5, 2002 1 hour Worked with Scott Woodbury.
March 8, 2002 5 hours Studied PacifiCorp documents provided by Douglas
Larson, V.P. Regulation of Utah Power.
March 11 , 2002 5 hour Talked with CommissIOn Staff, Ron Law.
March 11 , 2002 4 hours Made inquiry for legal services.
March 12, 2002 2 hours Had initial consultation with Alva Harris, attorney.
March 13 , 2002 1 hour Talked with Jeanine Brandies, AARP for possible help on
case.
March 13 , 2002 2hours Studied merger Case No. PAC-99-
March 14 2002 3 hours Prepared information on case for AARP national office.
March 15 2002 6 hours Preparation of Petition of Clarification and consultation
with lawyer on petition.
March 18, 2002 5 hour Consultation with Commission Staff, Ron Law and Scott
Woodbury.
March 18, 2002 4 hours Preparation of Final Petition of Clarification and made
copies for all parties.
March 19 2002 14 hours Settlement Conference at Idaho Public Utilities
Commission office in Boise.
March 19, 2002 5 hours Met with Jeanine Brandeis, AARP acking for assIstance in
this case.
March 25, 2002 5 hours Traveled to and ITom Pocatello; met with Senator Mike
Crapo s Aide.
March 26, 2002 5 hours Received Draft #2 of proposed stipulation; -studied and
consulted with all parties (conference call).
April 12, 2002 4 hour Studied Proposed Final Stipulation.
April 12, 2002 1 hour Met with Gilbert Dayley and discussed internet research
information dealing with historical facts in this case.
April 15, 2002 1 hour Talked with Bob Lively, Utah Power.
April 16, 2002 75 hour Talked with Commission Staff; Randy Lobe and Ron Law.
April 16, 2002 5 hour Talked with NuWest; stipulation.
April 17, 2002 5 hour Talked with Bob Lee.
April 18, 2002 5 hour Talked with Congress Mike Simpson s staff.
April 18, 2002 5 hour Talked with Northwest Industrial's staff.
April 18, 2002 5 hour Talked Energy Strategies, Utah.
April 18, 2002 1 hour Talked with Michael Carp, energy advocate on utility
case.
April 18, 2002 5 hour Talked with Wes Clinton of Utah Farm Bureau.
April 19 2002 75 hour Talked with Lyn Tominaga ofIdaho Farm Bureau.
April 19 2002 1 hour Talked with Tim Summer of Wyoming AARP; re:
Wyoming case.
April 19, 2002 2 hours Researched Oregon case on internet; UM 855.
April 19 2002 5 hours Met with Gilbert Dayley and Alva Harris; discussed case
reviewed information, and prepared for hearings.
April 23 , 2002 5 hour Talked with Representative Lindford.
April 23 , 2002 3 hours Prepared and gave presentation to South East Idaho
Council of Governments.
April 24 & 25 , 2002 1 hour Drafted and faxed Request for Continuation to all parties.
April 26, 2002 5 hours Studied Wyoming Case information ITom Tim Summer
AARP and internet.
April 29, 2002 5 hour Nu West Stipulation.
April 30, 2002 9 hours Prepared and composed Written Testimony of Timothy
Shurtz for the Evidentiary Hearing.
April 30, 2002 5 hour Talked with Ron Law and Scott Woodbury.
April 30, 2002 5 hour Faxed lawyer s request for continuance.
May 1 , 2002 5 hour Talked with Commission Staff; Ron Law & ,Scott
Woodbury.
May 1 , 2002 5 hours Studied testimony and exhibits by PacifiCorp.
May 2, 2002 5 hours Copied, prepared, and mailed testimony to all parties.
May 2, 2002 5 hours Studied and researched testimony given for New West by
Conley E. Ward; and Commission Staff testimony of
Randy Lobe.
May 2, 2002 5 hours Talked with Stan Searle, Bingham County Farm Bureau
President.
May 2, 2002 5 hour Talked with Commission Staff, Ron Law and Scott
Woodbury.
May 3, 2002 5 hour Talked with Bob Lee and Mrs. Lee.
May 3, 2002 75 hour Talked with Lyn Tominaga of Farm Bureau re: testimony.
May 6, 2002 5 hours Prepared research and strategies for Public Hearing in
Rigby, Idaho.
May 6, 2002 6 hours Traveled to and ITom Rigby; and participation in Public
Hearing.
May 7, 2002 14 hours Traveling to and ITom Preston; participation in Evidentiary
Hearing and public Hearing.
152 hours Total
Record of Miles
1070
168
243
1601
(2) trips to Boise: Pre-Conference Hearing and Negociations, /Meridian-AARP.
(2) trips to Pocatello: SEICG, and Senator Crapo s office.
(6) trips to Shelley: consult with lawyer.
(1) trip to Rigby: Public Hearing.
(1) trip to Preston: Evidenturey/Public Hearing.
Total miles ~ .366/mile, $585.00.
Record of Meals
February $11.60 w/tip Boise Ihop
March $12.10 w/tip Boise Perkins
May $32.00 w/tip Preston (2) meals
$55.Total
Mail Expense: $24.
Telephone Expenses: 11.75 hours
~ .
04/minute, $28.20.
Time 152 Hours ~ $40.00/hour, $6080.
Legal Expenses to Attorney Alva Harris
171 S. Emerson Ave.
Shelley, ID 83274
20 hours ~ $125.00/hour, $2500.00.
Expenses for Assistant Services to Gilbert Dayley
264 N. 4000E.
Rigby, ID 83442
15 Hours ~ 40.00/hour, $600.00.
Expenses for clerical assistance to Marlene Shurtz
411 S. Main
Firth, ID 83236
Preparation of Intervener document for Intervener Funding.
12 Hours ~ 25.00/hour, $300.00.
Total reimbersment request $10 173.89.
Note: Honorable Commission, these expenses are the only ones connected directly to the case.
They do not include many hours dealing with public information and notification of the proposed
cost recovery by Utah Power. They do not include time spent working with legislators and other
government leaders on a one to one basis. I have submitted this list of expenses trusting on your
judgement as to what renumeration I and my staff should receive. I would make one request
though that the charges concerning Mr. Gilbert Dayley and Mr. Alva Harris be honored before
any renumeration to myself that in your judgement I may be entitled.
162.02 Statement of Proposed Findings.
I feel that all expenses and charges in 162.01 are just in cost. I request that the Commission pay
the total of$10 173.89;for intervention in Case PAC-02-
162.03 Statement Showing Cost.
I base these charges on previous intervener charges that have been submitted to the Commission.
These costs included IRS allowances for milage, cost per minute ITom a phone card, andrecommendation ITom Commission Staff. Other advocacy groups recommended a much higher
rate. I feel the advise given to me by Commission Staff is fair and reasonable.
162.04 Explanation of Cost Statement.
Intervener Timothy J. Shurtz, earned a total of $32 000 in the year 2001 before standard
. deductions. This case put a hardship on my availability to work. I have had one day off since
entering this case in which I was working either at my place of employment or working on this
case. I have also had to give up family time and forgo other activities to meet the demands of this
case. This case at times has been very stressful and challenging in all aspects of my personal and
public life. It also has caused strain at work trying to balance the needs of this case and the needs
of my profession. For these reasons, I feel fully justified in the charges I have submitted to the
Commission.
162.05 Statement of Difference.
I differed from the Staff based on my opinion and other opinions expressed in Utah Power
recovery of cost request. I felt that Condition #2 of the Merger Agreement prohibited the
Recovery Cost. I also felt that the Hunter Outage was the responsibility of the company.
testified, I feel that this Cost Recovery was piece mill rate making, and that before Utah Power
recovered any money they should file a General Rate Case before the commission verses the piece
mill approach. For those reasons, I declined to sign the stipulation as signed by the commission
staff
162.06 Statement of Recommendation.
As made clear to the Commission at the hearings, most customers of Utah Power felt that the
Recovery of Costs as proposed by Utah Power were unjust. Most of the customers who testified
at the hearings felt that Utah Power had broken their promise given in writing in condition #2 in
the Merger Agreement, and other verbal promises given to them personally and through the
media. The customers felt this Recovery of Costs was a retroactive rate increase. Another
concern was: should the customer pay for the management mistakes of the new management at
PacifiCorp. They felt that none of these charges were just or fair. I felt that my participation as
an intervener brought all these concerns to the attention of the commission, and that without my
participation, the public would have remained largely uninformed and would not have participated
in this case. As stated in my testimony, my recommendation to the commission would be to deny
recovery of costs to Utah Power based on the public s perception of the rate moratorium and
verbal promises given to Senator Lee and promises made through the media to the public. Also if
in the commissions opinion, Utah Power is entitled to some recovery of costs, it should be
decided by a general rate case and not this piece mill rate making.
162.07 Statement Showing Class of Customer.
Based on the public hearings, I felt that I represented a very wide class of customers: residential
business, and farming. I was the only intervener that was a residential customer, and worked for a
business that would have been effected. I involved the Farm Bureau in this case thanks to the
help of Representative Ulea Lea Lindford. I helped inform the public through many hours of
. work with the media. I involved members of the Idaho legislature in the public hearings. With
the public response to my efforts, I felt that I represented the average customer of Utah power.
was responsible for notifying Nu West of the potential liabilities in this case. As I did many other
businesses, local governments, and residential customers who would have been unaware of their
potential liabilities in this case.
Conclusion:
While this case was very stressful and demanding of me and my family, I am honored to have had
the privilege of working with all the individuals involved in this case. I found the representatives
for Utah Power to be honorable and good men. I also enjoyed working with the other interveners
in this case. But most of all, I must praise the work and concern that the Commission Staff put
forward in my behalf, specifically: Ron Law, Scott Woodbury, Randy Lobe, Jean D. Jewe~i, and
the other secretarial staff. These are outstanding examples of what state employees should be.
also wish to thank each of you commissioners personally for the work you do every day on behalf
of the people of Idaho. I am honored to have had the privilege of associating with you. I look
forward to working with you for the good of Idaho in the future. I respectfully submit this
application for intervener funds, knowing that you will base your decisions on what is reasonable
and fair for the intervener cost.
Timothy 1. Shurtz
411 S. Main
Firth, ID 83236
Certificate of Service
cc:Doug Larson
Vice president Regulation
Pacificorp
210 S Main, Suite 2300
Salt Lake City, UT 84140
John Eriksson
Stoel Rives LIp
201 S Main St. Ste 1100
Salt Lake City, UT 84111
Randall C Budge
Rancine Olson Nye Budge & Bailey
PO Box 1391
Pocatello, ID 83204-1391
James R Smith
Monsanto Company
PO Box 816
Soda Springs, ID 83276
Eric L Olsen
Racine Olson Nye Budge & Bailey
PO Box 1391
Pocatello, ID 83204-1391
Conley Ward
277 North 6th Street, suite 200
PO Box 2720
Boise, ID 83701
May 13 , 2002
Time & expense report for assisting Mr. Tim Shurtz, intervener, with Case
No. PAC - 02-
Expenses for: Gilbert Dayley
Date: April 19, 2002 0 hours research internet information
April 23 , 2002 0 hours meeting with attorney
eta!. discuss and draft notice
May 2, 2002 0 hours notice of meeting and info to
Rigby senior citizens
May 6, 2002 0 hours research, develop strategies
Total 15.0 hours ~ $40.00 = $600.
~Jfj
Gilbert Dayley
264 North 4000 East
Rigby, Idaho 83442