20090326Application for Intervenor Funding.pdf

Brad M. Purdy
Attorney at Law
BarNo. 3472
2019 N. 17th St.
Boise, ID. 83702
[phone]
FAX: [phone]
bmpurdyê.hotmail.com
Attorney for Petitioner
Community Action Parnership
Association of Idaho
E""-''~f ~;"= ~-...~jr;"" J
2009 HM? 26 PH 3= 50
BEFORE TH IDAHO PUBLIC UTIIES COMMSSION
IN THE MATTER OF THE APPLICATION
OF PACIFICORP DBA ROCKY MOUNAI
POWER FOR APPROVAL OF CHAGES TO
ITS ELECTRC SERVICE SCHEDULES
)
) CASE NO. PAC-E-08-07
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)
)
)
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COMMY ACTION
PARTNRSHIP ASSOC-
IATION OF IDAHO'S
APPLICATION FOR INTER-
VENOR FUDING
COMES NOW, Applicant Community Action Parership Association of Idaho (CAP AI)
and, pursuant to Idaho Code § 61-617 A and Rules 161-165 of the Commission's Rules of
Procedure, IDAP A 31.01.01, pettions this Commssion for an awad of intervenor funding in the
above-captioned proceing.
Rule 161 Requirements
Rocky Mountain Power is a regulated, elecc public utility with gross Idaho intrastate,
annual revenues exceeding three millon, five hundred thousad dollars ($3,500,000.00).
(01) Itemized list of Expenses
Consistent with Rule 162(01) of the Commssion's Rules of Proceure, an itemized list of
all expenses incued by CAPAI in this procing is atached hereto as Exhbit "A."
CAPAI APPLICATION FOR INTERVENOR FUNDING Pagel
(02) Statement of Proposed Findings
The proposed findings and recmmendations of CAP AI are set forth in the direct,
prefied testimony ofTer Otens and interwoven throughout the seement stipulation to which
CAP AI was a signatory. In summar, CAP AI iniially propose that the Commission consider
the dire state of povert in which a significant pecetae of Rocky Mountain's customers live
and the effec that any rate increase will have on thes aleady overly burdened customers.
Second, CAP AI proposes that Rocky Mounin Power adopt tiered rates. Presetly,
Rocky Mountain does not have tiered rates. Ths Commission recntly ordered Idaho Power
Company to redesign its tiered rates from a two-tiered raed to a yea around, three-tiered rate.
(Case No. IPC-E-08-lO). As a result of CAP AI's efforts made durng negotiation, Rocky
Mountain Power agree to include in its next general rate ca filing, which the Company states
wil be in the not-tao-distant futue, a proposa for, and/or anysis of the appropriateness of
tiered rates for the Company.
Thid, CAP AI proposes that the Company fund an energy conservation education
program specifically targeted to low-income customers such as that recly adopted by
A VISTA Corporation (Cas No. A VU-E-08-O 1). CAP AI proposes that Rocky Mountain fund
$25,000 for each Community Action Agency. The two CAP agencies currently providing low-
income service within Rocky Mountain's Servce Tertory include SEICA and EACAP. Rather
than simply divide the tot funding of $50,000 equally betee the two CAP agencies, the
paries agreed to work collaboratively to allocate an allocation of funding including
considerations such as how may Rocky Mountn Power customers reciving assistance reside
in each of the respive CAP's sece area. CAP AI has agee to provide ceain information
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 2
regarding how the low-income education progr will work no later tha May 1, 2009 so that a
fair, just and reasonable allocation formula can be devised.
This program would fund personnel and materals to Community Action Agencies to
provide conservation education to all Rocky Mountai customers who apply for LllAP
funding. Thus, it would result in a productive face-to-fac explanation of how customers of
extremely limited means can reduce their energy consmption. Customers seeking LllAP
assistance often do not have the abilty to implement energy conseation measures or alter their
habits to reduce their consumption due to their dire financial condition. Indeed, customers who
do not have the money to pay their utilit bils might not even open the bil itself and wil never
see the traditional informational "stffers" curenly provided by Rocky Mountain. Thus, low-
income conservation education, as propose by CAP AI press yet another cost effective
resource opportnity for the Company.
(03) Statement Showing Costs
CAP AI submits that the costs and fee incured in this case, and se forth in Exhibit "A,"
are reasonable in amount, paricularly in light of the fac tht the Company's application in this
matter was fully litigated, and that there were roughy 34 witnesses, with exhbits, four days of
technical hearing, and nine paries who acvely partcipated in the technical portion of this
proceeding.
Although Ms. Teri Otens undoubtedly qualifies as an exer in the field of energy issues,
as they affect low-income customer, CAP AI is not sekig reimburment for Ms. Otens'
work, or that of any other representative or agent of CAP AI. CAP AI has historically made a
concerted effort to minimize its expse and maxmize the effec that its efforts have in
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 3
proceings before ths Commission. Thus, CAP AI submits that the time expended and
expenses incurred in this ca were reanable.
(04) Explanation of Cost Statement
CAP AI is a non-profit corpraton overing a number of agencies who fight the causes
and conditions of pover throughout Idao. CAPAI's funding for any given effort might come
from a different varety of sources, including governental. Many of those funding sources,
however, are unpredictable and impose conditions or limitaions on the scpe and nature of work
eligible for funding. CAP AI, therefore, has relatively lile "discetionar" funds available and
what little exists must cover a varet of competing projecs, including, as one example,
participation in Case No. GNR-U-08-01 (Commission-initiated Energy Afordability Case) for
which intervenor funding is unavailable. CAP AI has incurred considerable expense paricipating
in this very important proceeding. There are numerous other examples of projects worthy of
CAPAI's.involvement but for which funding is unavailable.
Thus, were it not for the availability of interenor funds and past awards by this
Commission, CAP AI would not be able to paricipate in cas before this Commission leaving a
gap not likely to be filled by any other entity. Even wih interenor fuding, parcipation in
Commission cases consitues a signficat financial hadship becase CAP AI must pay its
expenses as they are incurred, not if and when intervenor funding becomes available.
(05) Statement of Difference
Although Staf provided valuable input regardig the energy burden that low income
customers car, CAPAI's specific propose finding and recmmendations in this case differ
from those of Staf Specifically, Staf did not propose funding a low-income conservation
education program.
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 4
06) Statement of Recommendation
CAP AI has long submitted that providing asistance to a utlity's low-income customers
provides system-wide benefits and, therefore, the proposas and recmmendations made by
CAP AI are "of concern to the general boy of utility use or consumers." Programs such as the
low-income education awareness provide an exaple of how a relatively nominal investment b y
the utilty can result in reduce elecc consmption during pe perods, thereby providing
system-wide benefits.
Implementing tiered rates also provide system benefis due to the fact that tiered rates
provide an incentive to reduce consmption, pariculaly when a customer is near threshold
between tiers.
(07) Statement Showing Class of Customer
To the extent that CAP AI represnts a speific Rocky Mountain Power customer class, it
is the residential class.
RESPECTFLY SUBMITED, this 26th day of March, 2009.
l3~Oj/JBmdM:Pu . ....--
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 5
CERTICATE OF SERVICE
I HEREBY CERTIF that on the 26th day of March, 200, I caused to be served on the
individuals listed below, the foregoing docent via eleconic tranmission and u.s. Postage.
PacifiCorp dba Rocky Mountain Power Ted Weston
Rocky Mounta Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
ted. weston((pacificorp .com i
Commission Staf Scott Woodbury
Deuty Attorney General
Idao Public Utilities Commission
472 W. Washigton St.
Boise, ID 83702
scott. woodbury((puc.idaho. gov
Monsanto Company Radal C. Budge
Racine, Olson, Nye, Budge & Bailey
201 E. Center
POBox 1391
Pocatello, il 83204-1391
rcbaYracinelaw.net
Electronic only:James R. Smith
Monsto Co.
POBox 816
Soda Springs, ID 83276
jim.r .smith aYmonsanto. com
Idaho Irgation Pumpers Assoc., Inc.Eric L. Olson
Racine, OLSn, Nye, Budge & Bailey
201 E. Center
POBox 1391
Pocatello, ID 83204-1391
eloaYracinelaw.net
Anthony Yankel
29814 Lake Rd.
Bay Vilage, OH 44 I 40
tonyaYyankel.net
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 6
Agum, Inc.Conley E. Ward
Michael C. Creaer
Givens, Pursley, LLP
601 W. Banock St. (83702)
PO Box 2720
Boise, ID 83701-2720
cew(fgivenspursley. com
Denns E. Peseau, Ph.D.
Utilty Resources, Inc.
1500 Liberty St. SE, Suite 250
Salem, OR 97302
dpcscau(fcxcite.com
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CAPAI APPLICATION FOR INTERVENOR FUNDING Page 7
EXHIT "A"
ITMID EXENSES
Costs:
Photocopies/postage $120.00
Total Costs $120.00
Fees:
Legal (Brad M. Pudy -33.70 hours ~ $130.00/h.)$4,230.00
Total Fees $4,380.00
Tota Expenses $4,500.00
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 8