20101221Application for Intervenor Funding.pdf

Brad M. Pudy
Attorney at Law
BarNo. 3472
2019 N. 17th St.
Boise,ID. 83702
[phone] (Land)
[phone] (Fax)
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Attorney for Petitioner
ÐOmmunty Action Parership
Association of Idao
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
IN THE MATTER OF THE APPLICATION
OF PACIFICORP DBA ROCKY MOUNTAI
POWER FOR APPROVAL OF CHAGES TO
ITS ELECTRIC SERVICE SCHEDULES
)
) CASE NO. PAC-E-I0-07
)
) COMMUTY ACTION
) PARTNRSHIP ASSOCIA-
) TION'S PETITION FOR
) INTERVENOR FUNDING
)
)
COMES NOW, Applicant Communty Action Parership Association ofIdao (CAP AI)
and, puruat to Idaho Code § 61-617 A and Rules 161-165 of the Commssion's Rules of
Procedure, IDAPA 31.01.01, petitions ths Commssion for an award of interenor fuding in the
above-captioned proceeding.
Rule 161 Requirements:
Rocky Mountain Power (Rocky Mounta) is a reguated electrc public utility with gross
Idaho intrastate anua revenues exceeding three millon, five hundrd thousad dollars
($3,500,000.00).
Rule 162 Requirements:
(01) Itemized list of Expenses
CAP AI APPLICATION FOR INTERVENOR FUNING 1
Consistent with Rule 162(01) of the Commission's Rules of Procedure, an itemized list of
all expenses incurd by CAP AI in ths proceedig is atthed hereto as Exhbit "A." CAP AI
seeks tota fuding of$16,975.75.
(02) Statement of Proposed Findings
The proposed findings and recommendations of CAP AI are set fort in the dirct,
prefied testimony ofTeri Ottens fied in this matter. CAPAI proposes that Rocky Mounta's
LIWA fuding be increased to an amount more at party with A VISTA and that said increase not
be deferred pending the outcome of an evaluation of LIW A; a program tht the Company already
concedes is prudent and cost-effective.
CAP AI fuer proposes that Rocky Mounta's LIWA progr design to elimte the
existing requiement that fuding for each LIW A project consist of at least 25% federal fuding.
CAPAI opposes Rocky Mountain's proposa to increase its basic monthy charge to
$12.00.
CAP AI proposes an increas in the fist consumption block of the Company's proposed
tiered residential rate design to 875 kWh.
(03) Statement Showing Costs
CAPAI fuly paricipated in every aspect of this case from its review of the Company's
original fiing to a post-hearg brief fied contemporaneously herewith. CAP AI addressed
issues of concern to the general body of ratepayers, took a position materially different from the
Commssion Sta, and was the only par who addressed the interests of the Company's sizeable
population of low-income customers. Based on ths as well as other reasons stated herein,
CAP AI submits, therefore, that the costs and fees incured in ths case, and set fort in Exhbit
"A," are reasonable in amount.
CAP AI APPLICATION FOR INTERVENOR FUNDING 2
(04) Explanation of Cost Statement
CAP AI is a non-profit corporation overseeing a number of agencies who fight the causes
and conditions of povert thoughout Idaho. CAPAI's fuding for any given effort might come
from a different varety of sources, including governenta. CAP AI does not have
"memberships" and, therefore, does not receive member contrbutions of any kid. Many of
CAP AI's fudig sources are unpredictable and impose conditions or limtations on the scope
and natue of work eligible for fuding. CAPAI, therefore, has relatively little "discretionar"
fuds available for all projects. Some matters before ths Commssion, fuermore, do not
qualify for intervenor fuding by virte of their natue.
Thus, were it not for the availabilty of intervenor fuds and past awards by ths
Commssion, CAP AI would not be able to paricipate in cases before this Commssion. Even
with intervenor fuding, paricipation in Commssion cases constitutes a signficant finacial
hadship because CAP AI must pay its expenses as they are incured, not if and when intervenor
fuding becomes available.
Because CAP AI's petitions for fuding are for monies already expended, and given the
lengt of tie between the filing of Rocky Mounta's genera rate case, and the conclusion of
this proceeding next year and what hopefuly will be an award of intervenor fuding, CAP AI
must car these expenses for a considerable period of time. This presents signficant cash flow
challenges. Out of necessity, CAP AI must resourcefuly maximize every opportty at its
disposal and make an earest effort to mize costs while stil competently and meanngfully
contrbuting materially to the Commssion's decision in proceedings such as ths. Because
CAP AI tyically canot aford to retai expert witnesses in all areas that are of concern to low-
income customers, it must be resourceful in utilzing the experience of its attorney and low-
CAP AI APPLICATION FOR INTERVENOR FUNDING 3
income expert and rely on resources and tools readily available to the public. CAP AI and its
representatives certnly make their best effort to provide the Commssion with information and
perspectives that are inormed, accurate and, therefore, of use to the Commssion in reachig its
decisions. It is safe to say tht CAPAI's attorney and low-income expert do not simply price
their services at otherwse applicable market rates, but tae into consideration the financial
means of their client as a major factor. CAPAI respectfly submits that ths results in intervenor
fuding petitions that are relatively modest under the circumstaces. Were it not for the
availabilty of intervenor fuding, it is unikely tht CAP AI would be fincially able to continue
representing an importt and otherwse unepresented segment of public utility customers.
(05) Statement of Diference
Although Sta provided valuable input regarding most every issue to ths mattr, CAP AI
is the only par who proposed an increas to low-income weatherization fudig and program
design changes, rased issues regarding the Company's tiered residential rate design and
proposed that Rocky Mounta's proposed basic monthy charge be rejected.
06) Statement of Recommendation
CAP AI addressed issues tht are not exclusively related to low-income customers, for
example, tiered residential rates, basic monthy chare, etc. Furermore, it was undisputed that
LIWA is a prudent, cost-effective demand side resource for which demand exceeds supply. It is
in the best interests of all ratepayers to exploit any such resource options. Furermore, CAP AI
has long submitt that providing assistace to a utilty's low-income cusomers provides
system-wide benefits in numerous respects including, but not limited to, the fact that low-income
weatherization programs constitute cost-effective energy resources and that program designed
to assist low-income customers though education and by other mean reuces the percentage of
CAP AI APPLICATION FOR INTERVENOR FUNING 4
those customers who might be lost to the Company's system due to inbilty to pay their bils.
Therefore, the proposals and recommendations made by CAP AI are "of concern to the general
body of utilty users or consumers."
(07) Statement Showin Class of Customer
To the extent that CAPAI represents a specific Rocky Mounta customer class, it is the
residential class.
RESPECTFULLY SUBMITTED, ths 21st day of December, 2010.
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CAP AI APPLICATION FOR INTERVENOR FUNING 5
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on the 21 st day of December, 2010, served a copy
of the foregoing document on the following by email and U.S. mail, firs class postge.
Ted Weston
Rocky Mountai Power
201 South Main, Suite 2300
Salt Lake City, UT 84111
Paul J. Hickey
Hickey & Evans, LLP
1800 Carey Ave., Suite 700
Box 467
Cheyenne, Wyoming, 82003
Mark Moench
Danel E. Solander
Rocky Mountain Power
201 South Mai, Suite 2300
Salt Lake City, UT 8411 1
Data Request Response Center
PacifiCorp
825 NE Multnomah, Suite 2000
Portland, OR 97232
Tim Buller
Agrum, Inc.
3010 Conda Rd.
Soda Springs, ID 83276
Benjamin J. Otto
Idaho Conservation League
710 N. 6th St.
Boise,ID 83702
Don Reading
6070 Hil Rd.
Boise, ID 83703
dreading~indspring.com
CAPAI APPLICATION FOR INTERVENOR FUNDING 6
Melinda J. Davison
Davison Van Cleve, P.C.
333 S.W. Taylor, Suite 400
Portland, OR 97204
Ronald L. Wiliams
Willams Bradbur, P.C.
1015 Hays St.
Boise, ID 83702
Eric L. Olsen
Racine, Olson, et al
201 E. Center
Pocatello,ID 83201
Anthony Yanel
29814 Lake Rd.
Bay Vilage, OH 44140
Randall C. Budge
Racine, Olson, et al
201 E. Center
Pocatello,ID 83201
James R. Smith
Monsanto Company
P.O. Box 816
Soda Sprigs, ID 83276
DATED, this 21st day of December, 2010
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CAP AI APPLICATION FOR INTERVENOR FUNING 7
EXIBIT "A"
ITEMIZED EXPENSES
Costs:
Photocopies/postae $145.75
Total Costs $145.75
Fees:
Legal (Brad M. Pudy - 116.00 hour ~ $130.00/h.) $15,080.0
Expert Witness (Teri Ottens - 35.0 hours ~ $50.00/h.) $1,750.00
Tota Fees $16,830.00
Total Expenses $16,975.75
CAP AI APPLICATION FOR INTERVENOR FUING 8