20060922Petition to intervene, objection modified procedure.pdf

Brad M. Purdy
Attorney at Law
2019 N. 17th St.
Boise, Idaho 83702
[phone]
Cell: [phone]
Fax: [phone]
RECEIVED
lOOn SEP 22 M'\ \\: \ 5
IDAHO PUBU(~IO'
UTILITIES COl'iIM\S
1'1
September 21 , 2006
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
Re:Case No. PAC-06-
Dear Ms. Jewell:
Enclosed, please find an original and seven copies of Community Action Partnership
Association ofldaho s Petition to Intervene and Objection to Modified Procedure in the
above-referenced proceeding.
Sincerely,u(~
Brad M. Purdy
Attorney at Law
Bar No. 3472
2019 N. 17th St.
Boise, ID. 83702
[phone]
FAX: [phone]
bmpurdy(?Yhotmail. com
Attorney for Petitioner
Community Action Partnership
Association ofldaho
RECEIVED
LOnG SEP 22 ~M \\: \ 5
I.1iC\D~\'
; \-'
. ~"h\c SIOUTILITIeS CO!V\MI.;J I
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF P ACIFICORP TO DEERMINE THE APRO-
PRIA TE PAYMENT STRUCTURE OF
SCHEDULE 21
CASE NO. PAC-06-
COMMUNITY ACTION
PARTNERSHIP ASSOCIA-
TION OF IDAHO'
PETITION TO INTERVENE
AND OBJECTION TO
MODIFIED PROCEDURE
COMES NOW, Community Action Partnership Association ofldaho (hereinafter
CAP AI" or "Intervenor ) and, pursuant to Rules 071-075 of the Commission s Rules of
Practice and Procedure, IDAPA 31.01.01.071-075, hereby petitions the Commission for
leave to intervene in this proceeding and to appear and participate with full parties
rights. In support ofthis Petition, CAP AI states as follows:
The address and name of the respective Intervenor is:
Community Action Partnership Association of Idaho
5400 W. Franklin Rd., Suite G
Boise, ID. 83705
This Intervenor will be represented in this proceeding by, and pleadings and other
correspondence need only be sent to
Brad M. Purdy
PETITION TO INTERVENE OF COMMUNITY ACTION PARTNERSHIP
ASSOCIATION OF IDAHO
2019 N. 17th St.
Boise, ID. 83702
208- 384-1299
FAX: [phone]
Email: bmpurdy(?Yhotmail.com
The purpose of this proceeding is to address and resolve the percentage
level of funding that PacifiCorp will provide for every low-income weatherization project
under its current program. CAP AI is a non-profit corporation consisting of six
community action agencies serving every county in Idaho and also includes, among
others, the statewide Idaho Migrant Council and fights the causes and conditions of
poverty through building the capacity and effectiveness of its members who have a direct
and substantial interest in this proceeding. These causes and conditions of poverty
include high utility costs for PacifiCorp s low income rate payers. Low income families
pay a higher percentage of their income for utility expenses that those in other economic
categories. These conditions are often caused by living in sub-standard or older housing
that is not energy efficient. Weatherization offers energy efficient retrofits for homes
owned by low-income rate payers (at 150% poverty level). Currently, weatherization
programs in Idaho
This particular filing involves the percentage oflow-income weatherization
funding that PacifiCorp will agree to provide on any given project. This filing is the
result ofa settlement stipulation executed by Petitioner and PacifiCorp in Case No. PAC-
05-8 PacifiCorp s merger proceeding with Mid-America Holdings Company. In that
stipulation, both parties agreed that it would be appropriate to present the subject matter
of this filing to the Commission for resolution in a separate proceeding. PacifiCorp has
made the filing consistent with the stipulation. Because this filing is limited to
PETITION TO INTERVENE OF COMMUNITY ACTION PARTNERSHIP
ASSOCIATION OF IDAHO
PacifiCorp s low-income weatherization program, Petitioner has a material interest in this
proceeding and will address issues of interest to PacifiCorp s general body of ratepayers.
PacifiCorp has requested that this case be handled under modified procedure.
Petitioner does not object to an expedited handling ofthis case, to the extent reasonably
possible, but objects to modified procedure. The reasons for this objection are several.
First, PacifiCorp has already prefiled direct testimony and exhibits in support of its
Petition. Petitioner would like to do the same. Furthermore, Petitioner wishes to conduct
discovery and, depending upon the results of that process, might need to either depose
- _- ~
PacifiCorp personnel or have them available for cross examination. Thus far, it appears
that there exists between Petitioner and PacifiCorp disagreement regarding material
issues offact. Unless and until these disagreements can be resolved, attempting to sort it
out solely through the submission of written comments imposes the risk that the issues
will never be made clear to the Commission. Thus, Petitioner proposes that the parties be
allowed to conduct discovery and that a tentative hearing date be set. The Commission
could also set a prehearing conference date to discuss whether all issues of fact have been
resolved and, at that time, decide whether to proceed with hearing or simply resolve the
matter based on prefiled testimony.
WHEREFORE, the Community Action Partnership ofldaho hereby requests that
this Commission grant its Petition to Intervene in this proceeding and to fully appear and
participate as a party with all the attendant rights and responsibilities.
DATED, this OZr day of September, 2006.
Brad M. Purdy -
PETITION TO INTERVENE OF COMMUNITY ACTION PARTNERSHIP
ASSOCIATION OF IDAHO