20090331Revised Application for Intervenor Funding.pdf

Brad M. Purdy
Attorney at Law
2019N. 17th St.
Boise, Idaho 83702
(208) 384- 1299
Cell: [phone]
Fax: [phone]
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March 31, 2009
Jean Jewell
Commission Secretar
Idaho Public Utilities Commission
472 W. Washington St.
Boise, ID 83702
Re: Case No. PAC-E-08-07
CAP AI Revised Application for Interenor Funding
Dear Ms. Jewell:
Enclosed, please find an onginal and seven copies of Community Action Parership Association
of Idaho's Revised Application for Intervenor Funding in the above-referenced matter. The
onginal Application was filed March 30, 2009 and contains errors too numerous for a simple
erta.
This is to request that you please substitute this Revised Application for the onginal.
Please do not hesitate to contact me should you have questions. Than you for your patience.
Sincerely,;7 __..~ ~!/"~t-~~~¿'"'::~B dMP d...-ra . ur y ..__~"
Brad M. Purdy
Attorney at Law
BarNo. 3472
2019 N. 17th St.
Boise,ID. 83702
[phone]
FAX: [phone]
bmpurdv(24hotmail. com
Attorney for Petitioner
Community Action Partnership
Association of Idaho
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF PACIFICORP DBA ROCKY MOUNTAIN
POWER FOR APPROVAL OF CHANGES TO
ITS ELECTRIC SERVICE SCHEDULES
)
) CASE NO. PAC-E-08-07
)
)
)
)
)
)
)
COMMUNITY ACTION
PARTNERSHIP ASSOC-
IATION OF IDAHO'S
REVISED APPLICATION
FOR INTERVENOR
FUNDING
COMES NOW, Applicant Community Action Partnership Association ofIdaho (CAPAI)
and, pursuant to Idaho Code § 61-617A and Rules 161-165 of the Commission's Rules of
Procedure, IDAPA 31.01.01, petitions this Commission for an award of intervenor funding in the
above-capti oned proceeding.
Rule 161 Requirements
Rocky Mountain Power is a regulated, electnc public utility with gross Idaho intrastate,
annual revenues exceeding three milion, five hundred thousand dollars ($3,500,000.00).
(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."
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 1
(02) Statement of Proposed Findings
The proposed findings and recommendations of CAP AI are set forth in the direct,
prefied testimony ofTeri Ottens and interwoven throughout the settlement stipulation to which
CAP AI was a signatory. In summary, CAPAI initially proposes that the Commission consider
the dire state of poverty in which a significant percentage of Rocky Mountain's customers live
and the effect that any rate increase will have on these already overly burdened customers.
Second, CAP AI proposes that Rocky Mountain Power adopt tiered rates. Presently,
Rocky Mountain does not have tiered rates. This Commission recently ordered Idaho Power
Company to redesign its tiered rates from a two-tiered rated to a year around, three-tiered rate.
(Case No. IPC-E-08-10). As a result of CAP AI's efforts made during negotiation, Rocky
Mountain Power agreed to include in its next general rate case filing, which the Company states
wil be in the not-too-distant future, a proposal for, and/or analysis ofthe appropnateness of
tiered rates for the Company.
Third, CAP AI proposes that the Company fund an energy conservation education
program specifically targeted to low-income customers such as that recently adopted by
AVISTA Corporation (Case No. AVU-E-08-01). CAPAI 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 Service Territory include SEICA and EACAP. Rather
than simply divide the total funding of $50,000 equally between the two CAP agencies, the
parties agreed to work collaboratively to allocate an allocation of funding including
considerations such as how many Rocky Mountain Power customers receiving assistance reside
in each of the respective CAP's service area. CAP AI has agreed to provide certain information
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 2
regarding how the low-income education program wil work no later than May 1,2009 so that a
fair, just and reasonable allocation formula can be devised.
This program would fund personnel and matenals to Community Action Agencies to
provide conservation education to all Rocky Mountain customers who apply for LIHEAP
funding. Thus, it would result in a productive face-to-face explanation of how customers of
extremely limited means can reduce their energy consumption. Customers seeking LIHEAP
assistance often do not have the ability to implement energy conservation 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 utility bils might not even open the bil itself and wil never
see the traditional informational "stuffers" currently provided by Rocky Mountain. Thus, low-
income conservation education, as proposed by CAP AI, presents yet another cost effective
resource opportunity for the Company.
(03) Statement Showing Costs
CAP AI submits that the costs and fees incured in this case, and set forth in Exhibit "A,"
are reasonable in amount.
Incidentally, although Ms. Ten Ottens undoubtedly qualifies as an expert in the field of
energy issues, as they affect low-income customers, CAP AI is not seeking reimbursement for
Ms. Ottens' work, or that of any other representative or agent of CAPAI. CAPAI has historically
made a concerted effort to minimize its expenses and maximize the effect that its efforts have in
proceedings before this Commission. Thus, CAP AI submits that the time expended and
expenses incurred in this case were reasonable.
(04) Explanation of Cost Statement
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 3
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
from a different variety of sources, including governmental. Many of those funding sources,
however, are unpredictable and impose conditions or limitations on the scope and nature of work
eligible for funding. CAP AI, therefore, has relatively little "discretionary" funds available and
what little exists must cover a vanety of competing projects, including, as one example,
participation in Case No. GNR-U-08-01 (Commission-initiated Energy Affordability Case) for
which intervenor funding is unavailable. CAP AI has incurred considerable expense participating
in this very important proceeding. There are numerous other examples of projects worthy of
CAP AI's involvement but for which funding is unavailable.
Thus, were it not for the availability of intervenor funds and past awards by this
Commission, CAP AI would not be able to participate iti cases before this Commission leaving a
gap not likely to be filled by any other entity. Even with intervenor funding, participation in
Commission cases constitutes a significant financial hardship because CAP AI must pay its
expenses as they are incurred, not if and when intervenor funding becomes available.
(05) Statement of Difference
Although Staff provided valuable input regarding the energy burden that low income
customers carr, CAP AI's specific proposed findings and recommendations in this case differ
from those of Staff. Specifically, Staff did not propose funding a low-income conservation
education program.
06) Statement of Recommendation
CAP AI has long submitted that providing assistance to a utility's low-income customers
provides system-wide benefits and, therefore, the proposals and recommendations made by
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 4
CAP AI are "of concern to the general body of utility users or consumers." Programs such as the
low-income education awareness provide an example of how a relatively nominal investment by
the utility can result in reduced electric consumption during peak periods, thereby providing
system-wide benefits.
Implementing tiered rates also provide system benefits due to the fact that tiered rates
provide an incentive to reduce consumption, particularly when a customer is near threshold
between tiers.
(07) Statement Showing Class of Customer
To the extent that CAP AI represents a specific Rocky Mountain Power customer class, it
is the residential class.
RESPECTFULLY SUBMITTED, this 31st day of March, 2009.
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Brad M. Purdy .(-,~/
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CAPAI APPLICATION FOR INTERVENOR FUNDING Page 5
CERTIFICATE OF SERVICE
:J
i HEREBY CERTIFY that on the ~ day of March, 2009, I caused to be served on the
individuals listed below, the foregoing document via electronic transmission and U.S. Postage.
PacifiCorp dba Rocky Mountain Power Ted Weston
Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111d (,' '1- ite .weston,amaci icorp.com
Commission Staff Scott Woodbury
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington St.
Boise, ID 83702
scott. woodburv(à)puc .idaho. gOY
Monsanto Company Randall C. Budge
Racine, Olson, Nye, Budge & Bailey
201 E. Center
PO Box 1391
Pocatello, ID 83204-1391
rcb(fracinelaw.net
Electronic only:James R. Smith
Monsanto Co.
PO Box 816
Soda Spnngs, ID 83276
j im.r. smith(fmonsanto. com
Idaho Irrgation Pumpers Assoc., Inc.Eric L. Olson
Racine, Olson, Nye, Budge & Bailey
201 E. Center
PO Box 1391
Pocatello, ID 83204-1391
elo(fracinelaw.net
Anthony Yane1
29814 Lake Rd.
Bay Vilage, OH 44140
tony(fyankel.net
CAPAI APPLICATION FOR INTERVENOR FUNDING Page 6
Agrium, Inc.Conley E. Ward
Michael C. Creamer
Givens, Pursley, LLP
601 W. Bannock St. (83702)
PO Box 2720
Boise, ID 83701-2720
cew((4givenspursley.com
Dennis E. Peseau, Ph.D.
Utility Resources, Inc.
1500 Liberty St. SE, Suite 250
Salem, OR 97302
dpeseau(cexcite.com
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CAPAI APPLICATION FOR INTERVENOR FUNDING Page 7
EXHIBIT "A"
ITEMIZED EXPENSES
Costs:
Photocopies/postage $120.00
Total Costs $120.00
Fees:
Legal (Brad M. Purdy -33.70 hours (i $ 13 O.OO/h.)$4,230.00
Total Fees $4,380.00
Total Expenses $4,500.00
CAPAI APPLICATION FOR INTERVENOR FUNDING PageS