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Home My WebLink About20061201Intervenor funding petition.pdfBrad M. Purdy Attorney at Law Bar No. 3472 2019 N. 17th St. Boise, ID. 83702 (208) 384-1299 FAX: (208) 384-8511 bmpurdy~hotmail.com Attorney for Petitioner Community Action Partnership Association ofldaho RECEIVED ZOO& DEC - I AM \I: 31 IDi~HO !-iUciUC UTILITIES CO;Vir'1;SSICn; BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF P ACIFICORP DBA ROCKY MOUNTAIN ELECTRIC SERVICE SCHEDULES NOS. 10 400 AND 401 CASE NO. P AC-06- COMMUNITY ACTION PARTNERSHIP ASSOCIA- TION OF IDAHO' PETITION FOR INTER- VENOR FUNDING COMES NOW, petitioner Community Action Partnership Association ofldaho (CAP AI) and, pursuant to Idaho Code ~ 61-617A and Rules 161-165 ofthe Commission s Rules of Procedure, IDAPA 31.01.01 , petitions this Commission for an award of intervenor funding. Rule 162 Requirements (01) Itemized list of Expenses Consistent with Rule 162(01) ofthe Commission s Rules of Procedure, an itemized list of all expenses incurred by CAP AI in this proceeding is attached hereto as Exhibit" A. " CAP AI PETITION FOR INTERVENOR FUNDING (02) Statement of Proposed Findings PacifiCorp did not propose any changes to its low-income weatherization program in its original filing in this case. Because PacifiCorp had previously agreed to address the issue of whether it should be allowed to limit its investment in any given low-income weatherization project to 50% of total costs in this proceeding, CAP AI and the Company consequently entered into settlement negotiations. On June 19, 2006, CAP AI and PacifiCorp executed a settlement agreement. A true and correct copy ofthat agreement was attached as an exhibit to CAP AI's written comments filed in this case dated November 3, 2006. The key elements of the agreement include the following: PacifiCorp shall make a one-time cash contribution of shareholder money often-thousand dollars ($10 000) to the Southeastern Idaho Community Action Agency ("SEICAA") and the Eastern Idaho Community Action Partnership EICAP") to be used as funding assistance for the "Lend-Hand" program for the 2006-2007 heating season. PacifiCorp agreed to (and did) make a formal filing before the Commission (Case No. PAC-06-1O) to address the Company s limitation of only funding 50% (a percentage that CAP AI disputes reflects the actual level of funding) of low-income weatherization costs. PacifiCorp agreed to provide support for legislation sponsored by CAP during the 2007 general Idaho legislative session that would give the Commission authority to approve voluntary, utility-proposed low-income assistance programs the costs of which would be included in the utilities' cost of service. CAP AI PETITION FOR INTERVENOR FUNDING CAP AI agreed to waive PacifiCorp' s commitment to file a general rate case made in Case No. PAC-05-1 and makes no objection to the Company application in the present case seeking rate increases for Monsanto Corp., Nu- West Industries, Inc. and PacifiCorp s irrigation customers. (03) Statement Showing Costs Attached hereto as Exhibit "A" is a statement showing the costs incurred by CAP AI in this proceeding. CAP AI submits that the costs and fees incurred are reasonable. Because PacifiCorp filed Case No. PAC-06-10 dealing with the 50% issue after this case was filed, but before it was concluded, there is some overlap between costs and fees incurred regarding that single issue between the two cases. The undersigned has only included in this Petition costs incurred regarding the 50% issue prior to September , 2006 to avoid any duplication. Because this case was settled, the costs and fees incurred were naturally much less than those typically incurred in a general rate proceeding. In addition, CAP AI did not retain an expert witness in this case, but relied upon the expertise it has acquired in recent cases and, primarily, on its legal counsel for negotiation and consultation purposes. CAP AI is on an extremely limited budget and, by necessity, must minimize its costs to the greatest extent possible. (04) Explanation of Cost Statement CAP AI is a non-profit corporation overseeing a number of agencies who fight the causes and conditions of poverty throughout Idaho. CAP AI's funding for any given effort might come ITom a different variety of sources, including governmental. Many of those funding sources, however, are unpredictable. Some contain conditions or CAP AI PETITION FOR INTERVENOR FUNDING limitations on the scope and nature of work eligible for funding. The cost to CAPAI of participating in this proceeding constitutes a significant financial hardship to the organization. This Commission has been extremely accommodating to CAPAI's regular involvement in significant proceedings such as this, and the Commission has awarded CAP AI its reasonable costs in past rate cases. If it were not for this fact, CAP AI would simply not be able to afford to participate and advance the interests of not only low- income ratepayers, but all ratepayers. In spite ofthe Commission s honorable decisions there is never a guarantee that CAP AI will recover the costs it incurs in these proceedings. Furthermore, even if the Commission does ultimately award full recovery through intervenor funding, CAP AI must pay its costs as it goes. This constitutes a significant challenge, in terms of cash- flow, for non-profits organizations, such as CAP AI, who operate on unpredictable and limited budgets. No other intervenor in this proceeding represented, exclusively, the interests of the residential class, particularly the low-income sector of that class. CAP AI raised issues, and represented the interests of, the general body ofPacifiCorp s ratepayers. For example, the low-income weatherization program for which CAP AI seeks increased funding reduces the consumption of electricity during PacifiCorp s summer peak season helping to defer the acquisition of marginally-priced resources and provides other system-wide benefits including the reduction of bad debt and arrearages. (05) Statement of Difference Staff did not take a position or participate in the settlement executed by CAP AI in this case, nor did any other party. Thus, it is fair to say that where CAP AI takes specific CAP AI PETITION FOR INTERVENOR FUNDING positions on issues that Staff does not address in detail, there are significant differences between CAP AI and Staff for purposes of intervenor funding requests. (06) Statement of Recommendation CAP AI's participation in this case addressed issues of concern to the general body of ratepayers. The problems facing PacifiCorp s low-income customers are societal problems that affect us all. Those problems, if not addressed, adversely affect all utility ratepayers in the form of increased collection and associated costs as well as the write-off of uncollectible accounts. These are costs that are passed on to all ratepayers. Iflow- income customers are enabled to lower their electric bills through a Company-funded weatherization program, this decreases the likelihood that they will be unable to pay their bills and, consequently, the Company avoids incurring the aforementioned costs. Furthermore, because the low-income weatherization program is a DSM program, it represents a resource to the Company. It is in the best interests ofPacifiCorp ratepayers for the Company to have a healthy diversity of resources. By promoting the conservation of electricity consumption, the Company is able to defer the acquisition of new, marginally higher cost, resources. In addition, the $20 000.00 of assistance funded to the Lend-Hand program will help to avoid certain customers ITom becoming delinquent and/or being terminated as customers. This saves the Company, and all ratepayers, various tangible costs. Consequently, though a hearing was never conducted, CAP AI's participation in this case contributed materially toward shaping the scope, and focus of the issues and evidence presented to the Commission and, thus, the ultimate outcome ofthis proceeding, by offering a perspective not offered by any other party. CAP AI PETITION FOR INTERVENOR FUNDING (07) Statement Showing Class of Customer To the extent that CAP AI represented a specific PacifiCorp customer class, it is the residential class. RESPECTFULL Y SUBMITTED, this day ?r 2006. . '. ."--, . " u S: :1 c ~-:: ~. / ~ Brad M. Purdy .---J CAP AI PETITION FOR INTERVENOR FUNDING CERTIFICATE OF SERVICE jt I HEREBY CERTIFY that on the day of )2.((;"", 2006 I caused to be served the foregoing PETITION OF COMMUNITY ACTION PARTNERSHIP ASSOCIATION OF IDAHO FOR INTERVENOR FUNDING on the following, by fIrst class mail, postage prepaid. Brian Dickman PacifiCorp 201 S. Main St., Suite 2200 Salt Lake City, UT 84111 Scott Woodbury Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington St. Boise, ID 83702 l-j(::ff ")= rad Purdy .-J CAP AI PETITION FOR INTERVENOR FUNDING Costs: Photocopies Total Costs Fees: Legal Total Fees Total Expenses EXBmIT " ITEMIZED EXPENSES (Brad M. Purdy 7.6 hours (q) $120.00/hr) CAP AI PETITION FOR INTERVENOR FUNDING $15. $15. $912. $927. $927.