20101216Application for Intervenor Funding.pdf

Benjamin J. Otto (ISB No. 8292)
Idao Conservation League
710 N. 6th St
Boise, ID 83702
Ph: [phone] x 12.
Fax: [phone]
bottoCPidahoconservation.org
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MA TIER OF THE )
APPLICATION OF PACIFICORP DBA )
ROCKY MOUNTAIN POWER FOR )
APPROVAL OF CHANGES TO ITS )
ELECTRIC RATE SCHEDULES )
CASE NO. PAC-E-I0-07
APPLICATION FOR INTERVENOR
FUNDING
COMES NOW, the Idao Conservation League reICL") pursuat to Idaho Code § 61-
617A and IDAPA 31.01.01.161-165 with the followig application forIntervenor fundig. On
July 9,2010, the Commission granted ICL intervenor status in this matter in Order 32030.
i. Idao Code § 61-617A andIDAPA Rule 31.01.01.161 Requirement
Rocky Mountain Power (((RMP") is a reguated, electric public utilty with gross Idaho
intrastate, annua revenues exceedig three milion, five hundred thousand dollars
($3,500,000.00).
II. IDAPA Rule 31.01.01.162 Requirements
1. Itemized lit of Expenses
The attached Exhibit A is an itemized list of expenses incurd by iet in thi proceedig.
2. Statement of Proposed Findigs
The proposed findigs and recommendations of ICL ar set forlimtJídict tesinony
of its expert witness, Dr. Don Readig. In summar, ICL proposd thre fmdigs for the
Commission. First, ICL proposed a unique residential rate design for both schedule 1 and Schedule
ICL Application for Intervenor Fundig 1 December 16,2010
36 customers. Second, ICL proposed that the Commission order RMP to brig the issue of
movig the irrgation load control progr before the Multi-State Protocol standing committee.
Third, ICL proposed that the Commission order RMP to more fuly justify its spendig for
pollution control equipment going forward These three proposed fmdigs are al distinct from
the proposed findigs of the Staff or any other intervenor.
3. Statement Showig Costs
ICL requests $21,890 in intervenor funding, as shown in Exhibit A. Ths total includes
$13,460 in expert witness fees and $8,430 in attorney's fees. ICL is not requesting any costs for
postage, travel, or other expenses. Both the hourly rate and hour expended are reasonable for this
complex, fuly litigated case. ICts attorney biling rate is below the curent rage for other
intervening paries to account for his fewer years of experience. Our expert, Dr. Don Reading, is
highy experienced and provided analytical expertise that fuly iluminated the issues.
4. Explanation of Cost Statement
ICL is nonprofit orgaization supported solely through chatable donations. Whe some
of our members are ratepayers of RMP, ICL does not represent any for-profit entity that stands to
gain from rate decisions. To provide consistent, professional, and impactful advocacy, ICL has
shifted its budgeting to dedicate a full-time, highy traed staff member to energy issues.
Moreover, ICL funded the expertise of one of the most well-regarded experts in our state to assist
in this matter. Both of these costs represent significant financial commitments in a time of
dificult fundraising. Because charitable contributions ar inherently unstable, the availabilty of
intervenor fundig is essential for ICL to paricipate in proceedigs before the Commission.
5. Statement of Difference
ICts proposed findigs, both in substance and in support, difer from those offered by the
ICL Application for Intervenor Fundig 2 December 16, 2010
Staff. ICL proposed findings on rate design, irrgation load control, and pollution control costs.
Residential Rate Design
For schedule 1 customers, ICL proposed a $5.00 fixed charge as opposed to RMP's request
for a $12.00 fixed charge. Whe the Staff also proposed a $5.00 fixed charge, ICL provided the
Commission with additional analysis in Dr. Reading's testimony; cross examined RMP witness
Griffth to highight the fixed rate in RMP's other states as well as the fixed rate in other Idao
IOUs; and pointed the Commission to the disparate biling impacts of RMP's proposal,
demonstrated in Exhibit 84 page 13.
ICL proposed a unique rate design for schedule 1 customers consisting of three seasonaly
sized tiers with equa seasonal rates. Ths proposal is distinct from Staffs two tiered rates with both
seasonal size and price changes. The prefied testinony of Dr. Readig, as well as his testimony at
hearig, provided a comprehensive analysis of this proposal for the Commission. More so than
either RMP or the Staff, ICts proposal focused sharly on the unique charcteristics of RMP
residential ratepayers in Idao.
For schedule 36 customers, ICL proposed a lower fixed charge and seasonaly equa time of
use rates. This contrasts with Staffs proposal to adopt RMP's proposed design but with a small
change to their proposed increase. Agai, ICts proposed design for Schedule 36 focused sharly
on the unique characteristics of RMP's residential customers in Idao.
Finally, ICL also provided analytica background concerning the diference between time
of use and amount of use rate designs. ICL also provided some analysis of the relationship between
income and energy use. Whe not a specific proposed findig, we hope the Commission found
this material iluminating to the issue of residential rate designs.
Irrgation Load Control
ICL proposed that the Commission order RMP to brig a revision of the irgation load
ICL Application for Intervenor Fundig 3 December 16, 2010
control progr before the Multi-State Protocol standig committee. Ths proposal difered from
the Staff proposal by highighting the impact to fundig for other DSM progrs; provided
additional and specific detai on how RMP treats the progr for planning puroses; and
recognized that the proper procedur method is to brig the issue to the MSP committee. At
hearng, ICL engaged RMP witness Hunter on this issue, eliciting furher explanation of the
company position and statement that RMP supported ICts proposa. RMP also proposed some
revisions to the progr includig increasing the eligible pump size. To asist the Commission in
weighng these proposals, at hearg ICL attempted to tease out more details on the number of
individua customers that could be impacted by this chage. Unfortunately, none of the witnesses
could answer that question.
Pollution Control Costs
ICL was the only par in this matter to rase this issue-which constitutes a $475,000,000
addition to rate base. Recognizing that the intersection of federa Clean Air Act requirements and
utilty ratemakg is a relatively new area, ICL offered a modest proposal to require furher
explanation of this issue in the future.
6. Statement of Recommendation
ICts proposals addressed issues that concern the entire body of utilty customers.
Residential rate design generally concerns residential ratepayers. ICls proposed design focused on
the most effective signals to reduce overal energy conservation thereby limiting energy costs for
the entire utilty-a concern for all customers. Because al ratepayers contribute to the irrgation
load control progr, ICts proposal to begi the process of reallocating these costs to other states
withi RMP's system also benefits all Idao ratepayers. Finaly, ICts proposal for pollution
control costs addresses a substantial rate base item, which agai is a concern for all utility
customers.
ICL Application for Intervenor Fundig 4 December 16, 2010
Durg the hearng, ICL also drew out additional testinony to asist the Commission's
decision in other issues. For example, ICL cross-examined RMP witness Hunter concerning DSM
issues and the alternative funding scheme used in Washigton. With RMP witness Talman, ICL
highighted the manner in which RMP uses the entire Dunlap wind rach. Because ICL does not
represent any for-profit entity that stands to gain from this rate case, we paricipated in a manner
that fully iluminated varous issues to assist the Commission in reaching a well-informed decision.
7. Statement Showig Clas of Customer
ICL has individua members who are customers of RMP. Therefore, to the extent that ICL
represents a specific customer class of the Company, it is the residential class.
WHEREFORE, for the reasons stated above, ICL requests that the Commission grant this
Application for Intervenor Fundig.
Submitted this 16th day of December, 2010.
Respectfully,~~-
Benjamin J. Otto
Idao Conservtion League
ICL Application for Intervenor Fundig 5 December 16, 2010
EXHBIT A
Professonal Services of Dr. Don Readg, Ph.D.-$13,460
76 hours 55 minutes at $175 per hour (rounded to nearest dollar)
9/17/10 Meeting with ICL, IPUC 4:04
9/20/10 Review and analyze residential use data 4:42
9/20/10 Review and analyze testimonv 0:37
9/20/10 Review and analyze tarffs 1:58
9/21/10 Meet with ICL 0:45
9/21/10 Review and analyze residential use data 0:47
9/23/10 Review and analyze tarffs 0:39
9/23/10 Review and analyze orooosed residential rates 3:34
9/24/10 Review and analyze residential use data 1:10
9/27/10 Review and analyze orooosed residential rates 2:09
9/29/10 Telephone conference with IPUC staff 0:43
10/05/10 Review and analyze residential us data 1:22
10/05/10 Meeting with ICL. IPUC 1:59
10/05/10 Prepartion of testimonv 2:30
10/06/10 Prepartion of testimonv 7:28
10/07/10 Preoartion of testimonv 3:30
10/08/10 Preoartion of testimonv 2:09
10/08/10 Review pollution control studies 3:26
10/08/10 Telephone conference with ICL 1:43
10/11110 Review pollution control studies 1:15
10/13/10 Preparation of testimony 2:53
10/13/10 Telephone conference with ICL 1:14
10/14/10 Prepartion of testimony 1:13
10/18/10 Review and analyze fied testimony 1:46
11/02/10 Review and analyze margial costs 2:54
11/03/10 Review and analyze margial costs 1:38
11/05/10 Review and analyze margial costs 2:00
11/11/10 Review and analyze Wyoming DEO agreement 3:24
11/12/10 Review and analyze Wyoming DEO agreement 0:57
11/15110 Review and analyze Wyoming DEO agreement 3:06
11/16/10 Review and analyze Wyominl! DEO agreement 1:34
11/17/10 Review and analyze Wvominl! DEO agreement 1:06
11/19110 Review and analyze Wvominl! DEO agreement 1:03
11/22/10 Review and analyze Wvominl! DEO agreement 1:07
11/24/10 Preoartion for hearl!0:59
11/29/10 Prepartion for hearl!1:33
11/30/10 Attendace at hearl!1:54
ICL Application for Intervenor Fundig 6 December 16, 2010
Attorneys Fees for Benjamin J. Otto-Total: $8,430
70 hours 15 minutes at $120 per hour
9/17/10 Meet with Readig re: scope of work, review RMP fiing and 3:15
discovery responses, outline initial position, discus furher research
needs.
9/21/10 Meet with Readig re: review initial position on residential rates,0:45
discuss strategy, furher research planning
10/05/10 Meet with Readig re: outline testimony sections 0:45
10/08/10 Telephone conference with Readig re: irrgation load control 1:45
testimony outline, research needs
10/11/10 Edit draft testimony 4:30
10/12/10 Edit draft testimony 3:15
10/13/10 Edit draft testimony 3:45
10/13/10 Telephone conference with Readig finalize testinony for fiing 1:15
10/14/10 Final edit of testimony, prepare exhibit and certificate of servce, and 6:15
fie with the PUC
10/18/10 Review diect testimony of Staff and intervening paries 4:15
10/19/10 Review diect testimony of Staff and intervening paries 3:45
10/21/10 Research marginal costs of Idao utiltes, Emai Readig re: same 1:15
11/10/10 Review Wyoming DEQ agreement, emai Readig re same 1:30
11/23/10 Review readig analysis of Wyoming DEQ pollution control 1:15
agreement
11/26/10 Prepare for hearig 3:15
11/29/10 Prepare for hearng 2:45
11/30/10 Attend technical hearg 8:00
12/01/10 Attend technica hearg 8:00
12/02/10 Attend technical hearig 8:00
12/15/10 Prepare application for intervenor fundig 1:30
Note: ICL tracks biling in 15-minute increments and rounds down for portions less than 10
minutes long.
ICL Application for Intervenor Fundig 7 December 16, 2010
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of December 2010, I delivered tre and correct
copies of the foregoing APPLICATION FOR INTERVENOR FUNING in CASE NO. PAC-E-
10-07 to the following via the method of service noted:
Hand delivery:
Jean Jewell
Commission Secretary (Original provided)
Idaho Public Utilties Commission
427 W. Washington St.
Boise, ID 83702-5983
Electronic Mai:
Scott Woodbur
Deputy Attorney General
Idao Public Utilties Commission
472 W. Washigton
P.O. Box 83702
Boise Idao 83702
Scott. woodburpuc.daho.gov
Agrum
Tim Buller
Jason Harrs
Agrium Inc.
3010 Conda Road
Soda Springs, ID 83276
Fax: [phone]
tbul 1 er(g agrium.com
jahars(g agrium.com
Staff
IIPA
PacifiCorp
Daniel E. Solander
Mark Moench
Ted Weston
Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
danieL. solander(Ðpacificorp. com
mark.moench(Ðpacificorp.com
ted. weston(Ðpacificorp.com
datarequest(Ðpacificorp.com
Eric 1. Olsen
Racine, Olson, Nye, Budge & Baiey,
Charered
P.O. Box 1391; 201 E. Center
Pocatello, Idaho 83204-1391
Fax: [phone]
eloCPracinelaw.net
Paul J. Hickey
Hiskey & Evans LLP
1800 Carey Ave., Suite 700
P.O. Box 467
Cheyenne Wy 82003
phickey(g hickeyeyans .com
Anthony Yankel
29814 Lae Road
Bay Vilage, Ohio 44140
Fax: [phone]
tonyCyankel.net
Monsanto
Rada C. Budge
Racine, Olson, Nye, Budge & Baiey,
Charered
December 16, 2010
P.O. Box 1391; 201 E. Center
Pocatello, Idao 83204-1391
Fax: [phone]
rcbCPracinelaw.net
CAPAI
Katie Iverson
Bruaker & Associates
17244 W. Cordova Cour
Sunrise, Ariona 85387
Fax: [phone]
kiversonCPconsultbai.com
Brad M. Purdy
Attorney At Law
2019 N. 17th st
Boise, Id 83702
bmpurdyChotmai.com
PIIC
James R Smith
Monsanto Company
P.O. Box 816
Soda Sprigs, Idao 83276
Fax: [phone]
jim.r.smithCPmonsato.com
Melinda Davison
Davison Van Cleve, P.C.
333 SW Taylor Suite 400
Portland, Or 97204
mjdCPdvclaw.com
Ronald Wiliams
Wiliams Bradbur, P.e.
10 1 5 W Hayes St.
Boise, Id 83702
ron CPiamsbradbur.com
A6l
Benjamin J. Otto
December 16,2010