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Home My WebLink About20111222Application Intervenor Funding.pdfLAW OFFICES OF W. MARCUS W. NYE RANDALL C. BUDGE JOHN A. BAILEY, JR.JOHN R. GOODELL JOHN B. INGELSTROM DANIEL C. GREEN BRENT O. ROCHE KIRK B. HADLEY FRED J. LEWIS ERIC L. OLSEN CONRAD J. AIKEN RICHARD A. HEARN, M.D. LANE V. ERICKSONFREDERICK J. HAHN, III PATRICK N. GEORGE SCOTT J. SMITH DAVID E. ALEXANDERJOSHUA D. JOHNSON STEPHEN J. MUHONEN CANDICE M. MCHUGH CAROL TIPPI VOLYNJONATHON S. BYINGTON JONATHAN M. VOLYN BRENT L. WHITING DAVE BAGLEY THOMAS J. BUDGE JASON E. FLAIG FERRELL S. RYAN, II AARON A. CRARYJOHN J. BULGER BRETT R CAHOON JEFFREY A. WARR RACINE OLSON NYE BUDGE~e~'~J!~ CHARTERED .. 2~~:~i:F;~CNET:~xS~:iZ 1 DEC 22 PM 4= 00 POCATELLO, IDAHO 83204-1391 t lJ ¡\t;'_.¡ CJTELEPHONE (208) 232-¡;''''L ri"!t::"~FACSIMILE (208) 232-e:ilobl.. ,'- '"' BOISE OFFICE101 SOUTH CAPITOL BOULEVARD, SUITE 300 BOISE, IDAHO 8370.2 TELEPHONE: (208) 31l!1-00I I FACSIMILE: (208) 433-0167 IDAHO FALLS OFFICE 477 SHOUP AVENUESUITE 107 POST OFFICE BOX 80686IDAHO FA"'''S, ID 8340STELEPHONE' (208) 828-8101FACSIMILE: (208) 828-6108 www.racinelaw.net SENDER'S E-MAIL ADDRESS:elo(§rainelaw.net ALL OFFICES TOLL FREE(877)'"SI 0 I LOUIS F. RACINE (1817-2008) WILLIAM D. OLSON, OF COUNSEL December 22, 2011 Jean D. Jewell, Secretar Idaho Public Utilties Commission PO Box 83720 Boise, Idaho 83720-0074 Re: Case No. PAC-E-11-12 Dear Ms. Jewell: Enclosed for filing please find an original and seven (7) copies of the Application of Intervenor Funding for Idaho Irrgation Pumpers Association. Sincerely, ELO:rg Enclosures cc: Service List Eric L. Olsen, ISB No. 4811 RACINE, OLSON, NYE, BUDGE & BAILEY, CHATERED P.O. Box 1391; 201 E. Center Pocatello, Idaho 83204-1391 Telephone: (208) 232-6101 Fax: (208) 232-6109 o ç i'"' F" !r"\L", .j..,,! 2311 DEC 22 PM 4: 00 Attorneys for Intervenor Idaho Irrigation Pupers Association, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION IN THE MATTER OF THE APPLICATION OF ) PACIFICORP, DBA ROCKY MOUNTAIN ) POWER, FOR APPROVAL OF CHAGES ) TO ITS ELECTRIC SERVICE SCHEDULES ) ) CASE NO. PAC.E.ll.12 APPLICATION FOR INTERVENOR FUNING OF THE IDAHO IRRIGATION PUMERS ASSOCIATION, INC. COMES NOW the Idaho Irrigation Pumpers Association, Inc. ("Irrigators "), by and though counsel of record, Eric L. Olsen, and hereby respectfully makes application to the Idaho Public Utilties Commission ("Commission") for intervenor fuding, pursuant to Idaho Code § 61-617 A and IDAPA 31.01.01.161 though .165, in Rocky Mountain Power's general rate case, as follows: (A) A summar of the expenses that the Irrigators request to recover broken down into legal fees, consultant fees and other costs and expenses is set fort in Exhibit "A" attached hereto and incorporated by reference. Itemized statements that support the legal and consultant time spent in this case are available upon request. (B) This case was filed on May 27, 2011. The Irrgators imediately intervened and began reviewing the case. The Irrigators submitted to Rocky Mountain Power approximately 74 data requests and reviewed the responses thereto, along with reviewing the other data responses that Rocky Mountain Power provided to the other paries in this case. The Irrigators asserted in the settlement APPLICATION FOR INTERVENOR FUNING OF IDAHO IRGATION PUMPERS ASSOCIATION, INC.. 1 process that Rock Mountain Power is allocating a disproportionate share of costs to the Idaho jurisdiction because it is using an erroneous MW sales number for the Idaho jurisdiction to derive the allocators. The Irigators also developed revenue normalization adjustments for the residential and irigation customer classes that were asserted in the settlement negotiations and which ultimately formed a basis for the settlement of this case. These proposed adjustments were provided to all the paries and discussed with Commission Staff. The Irrigators actively paricipated in the settlement negotiations that were held in this case and signed the Stipulation. The Irrigators now urge the Commission to adopt the Stipulation as a fair, just and reasonable resolution of the issues dealt with therein. Notwithstanding the settlement, the Irrigators had to prepare and approached this case as if it would have gone to a full blown technical hearing on the merits of all issues presented. ( C ) The expenses and costs incurred by the Irrigators set fort in Exhibit A are reasonable in amount and were necessarily incurred. The expenses and costs were incured in reviewing the Company's filng, preparing and reviewing approximately 74 Irrgator data requests and responses, preparing settlement positions on revenue requirement issues, paricipating in settlement conferences/negotiations that resulted in the Stipulation, reviewing the Stipulation language, and in paricipating in the recent technical hearings to support the adoption of the Stipulation by the Commission. (D) The costs described in Paragraph (A) above constitute a financial hardship for the Irrigators. The Irrigators curently have approximately $27,784.81 in the ban with outstanding accounts payable from this case and the pending Idaho Power general rate case totaling approximately $46,070.75. This leaves us at a curent deficit of approximately $18,285.94. Paricipatig in the more frequent general rate cases has been taxing on the Irrigators' limited resources. APPLICATION FOR INTERVENOR FUING OF IDAHO IRRIGATION PUMERS ASSOCIATION, INC. - 2 The Irrigators are an Idaho nonprofit corporation qualified under I.R.C. § 501(c)(5) representing far interests in electric utilty rate matters affecting farers in southern and central Idaho. The Irrigators rely solely upon dues and contributions voluntarily paid by members, together with intervenor funding, to support activities and paricipate in rate cases. Each year mailings are sent to approximately 7500 Idaho Irrigators (approximately two-thirds in the Idaho Power Company service area and one-third in the RMP service area), soliciting anual dues. The Irrigators recommend members make voluntar contributions based on acres irrigated or horsepower per pump. Member contributions have been falling which are believed to be attributable to the depressed agricultural economy and increased operating costs and theats, paricularly those relating to water right protection issues. From member contributions the Irrigators must pay all expenses, which generally include mailng expenses, meeting expenses and shared office space in Boise, Idaho, in addition to the expenses relating to paricipation in rate cases. The Executive Director, Lynn Tominaga, is the only par-time paid employee, receiving a retainer plus expenses for office space, office equipment, and secretarial services. Officers and directors are elected anually and serve without compensation. It has been and continues to be a financial hardship for the Irrigators to fully paricipate in all rate matters affecting its members. As a result of financial constraints, paricipation in past rate cases and in this case has been selective and, primarily, on a limited basis. The Irrigators also just finished paricipating in Idaho Power's general rate case. This concurent paricipation in the Idaho Power proceedings has added additional financial strain on the organization this year. (E) The Irgators' positions urged in the settlement negotiations were diferent with respect to the jurisdictional revenue requirement and similar to Commission Staff proposed adjustments to normalize or increase class revenue for the residential and irigation class. However, they materially APPLICATION FOR INERVENOR FUNING OF IDAHO IRGATION PUMPERS ASSOCIATION, INC. - 3 differed in that the jurisdictional revenue adjustment was unique the Irrigators and the Irrigators' revenue adjustment was larger than that proposed by the Commission Staff. As a signatory of the Stipulation, the Irrigators necessarily are aligned with Commission Staff in urging the Commission adopt the Stipulation. (F) The Irrigators' paricipation addressed issues of concern to the general body of users or consumers on Rocky Mountain Power's system by reducing its alleged revenue requirements. This reduction is embodied in the Stipulation. (G) The Irrigators represent the irrigation class of customers under Schedule 10. Based on the foregoing, it is respectfully submitted that the Irrigators are a qualifying intervenor and should be entitled to an award of costs of intervention pursuant to Idaho Code § 61- 617A and IDAPA 31.01.01.161 though .165 in such amount as determined by the Commission. DATED this 22nd day of December, 2011. RACINE, OLSON, NYE, BUDGE & BAILEY, CHARTERED BY~~'''~ ERIC L. 0 APPLICATION FOR INTERVENOR FUNING OF IDAHO IRRIGATION PUMERS ASSOCIATION, INC.. 4 CERTIFICATE OF MAILING I HEREBY CERTIFY that on this ."~ day of December, 2011, I served a true, correct and complete copy of the foregoing document, to each of the following, via the method so indicated: Jean D. Jewell, Secretar Idaho Public Utilties Commission P.O. Box 83720 472 W / Washington Street Boise, Idaho 83720-0074 j jewell~puc.state.id. us x U.S. Mail/Postage Prepaid E-Mail Facsimile Overnght Mail Hand Delivered Ted Weston Idaho Regulatory Affairs Manager 201 South Main, Suite 2300 Salt Lake City, UT 84111 ted. weston~pacificorp.com U.S. Mail/ostage Prepaid X E-Mail Facsimile Overnght Mail Hand Delivered Daniel E. Solander PacifiCorp/dba Rocky Mountain Power 201 South Main, Suite 2300 Salt Lake City, UT 84111 daniel.solanderØJacificorp.com U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered Tim Buller Agrium Inc. 3010 Conda Road Soda Springs, ID 83276 TBuller~agrium.com U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered Ronald L. Wiliams Willams Bradbur, P.C. 1015 W. Hays St. Boise, Idaho 83702 ron~wiliamsbradbui.com U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnght Mail Hand Delivered APPLICATION FOR INTERVENOR FUING OF IDAHO IRRIGATION PUMERS ASSOCIATION, INC. . 5 Don Schoenbeck RCS, Inc. 900 Washington Street, Suite 780 Vancouver, W A 98660 dwsCßr-c-s-inc.com Benjamin J. Otto Idaho Conservation League 710 N. 6th Street PO Box 844 Boise, Idaho 83702 bottoCßidahoconservation.org Randall C. Budge Racine Olson Nye Budge & Bailey Chtd. P.O. Box 1391; 201 E. Center Street Pocatello, Idaho 83204 rcbCßracinelaw.net Brubaker & Associates 17244 W. Cordova Cour Surrise, AZ 85387 bcollinsCßconsultbai.com James R. Smith Monsanto Company P.O. Box 816 Soda Springs, ID 83276 jim.r.smithCßmonsanto.com Brad M. Purdy Attorney at Law 2019 N. 17th Street Boise, Idaho 83702 bmpurdyCßhotmail.com U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnght . Mail Hand Delivered U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnight Mail Hand Delivered U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnght Mail Hand Delivered U.S. Mail/ostage Prepaid X E-Mail Facsimile Overnght Mail Hand Delivered U.S. Mail/ostage Prepaid X E-Mail Facsimile Overnght Mail Hand Delivered U.S. Mail/Postage Prepaid X E-Mail Facsimile Overnght Mail Hand Delivered ~~.44..~ ERIC L. OL APPLICATION FOR INERVENOR FUING OF IDAHO IRIGATION PUMERS ASSOCIATION, INC. - 6 EXHIBIT A SUMMARY OF EXPENSES INCURRD BY IRRGATORS IN CASE NO. PAC-E-l1-12 1. Legal Fees: Eric L. Olsen (Parner): 53.4 hrs ~ 185.00 per hour $ 9,879.00 Costs: Mileage, Hotel, Meals $ 1,403.96 Total Work and Costs:$11,282.96 2. Consultant Anthony J. Yanel: 201 hrs ~ $125 per hour $~5,125.00 Expenses: Travel, room and meals $0.00 Total Work and Costs:$25.125.00 TOTAL FEES AND EXPENSES:$36,407.96