20121211Petition to Intervene.pdf

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LAW OFFICES OF
RACINE OLSON NYE BUDGE & BAILEY
W. MARCUS W. NYE CHARTERED RANDALL C. BUDGE
JOHN A. BAILEY, JR.
JOHN R. GOODELL 201 EAST CENTER STREET
JOHN B. INGELSTROM POST OFFICE BOX 1391
DANIEL C. GREEN POCATELLO, IDAHO 83204-1391
BRENT 0. ROCHE
KIRK B. HADLEY
FRED J. LEWIS TELEPHONE [phone]
ERIC L. OLSEN FACSIMILE [phone]
CONRAD J. AIKEN
RICHARD A. HEARN, M.D.
LANE V. ERICKSON www.racinelaw.net
FREDERICK J. HAHN, III
PATRICK N. GEORGE
SCOTT J. SMITH
JOSHUA D. JOHNSON
DAVID E. ALEXANDER
STEPHEN J. MUHONEN
CAN DICE M. MCHUGH SENDER'S E-MAIL ADDRESS: [e-mail]
JONATHON S. BYINGTON
JONATHAN M. VOLYN
THOMAS J. BUDGE
BRENT L. WHITING
DAVE BAGLEY
JASON E. FLAIG
FERRELL S. RYAN, III December 11, 2012 AARON A. CRARY
JOHN J. BULGER
BRETT R CAHOON
JEFFREY A. WARR
Jean J. Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, Idaho 83720-0084
Re. Case No. PAC - E- 12-14
Dear Mrs. Jewell:
BOISE OFFICE
101 SOUTH CAPITOL
BOULEVARD, SUITE 300
BOISE, IDAHO 83702
TELEPHONE: [phone]
FACSIMILE: [phone]
IDAHO FALLS OFFICE
477 SHOUP AVENUE
SUITE 107
POST OFFICE BOX 50698
IDAHO FALLS, ID 83405
TELEPHONE: [phone]
FACSIMILE: [phone]
ALL OFFICES TOLL
FREE
[phone]
LOUIS F. RACINE (:917-2008)
WILLIAM D. OLSON, OF COUNSEL
Enclosed for filing in the captioned case please find the original and seven copies of
PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. FOR LEAVE TO
INTERVENE AND PROTEST TO MODIFIED PROCEDURE AND DEMAND FOR
HEARING
Thank you for your assistance.
Sincerely,
ERIC L. OLSEN
ELO:tjl
Enclosures
C: Service List (Via Email)
Eric L. Olsen (ISB#: 4811)
RACINE, OLSON, NYE,
BUDGE & BAILEY, CHARTERED
P.O. Box 1391
Pocatello, Idaho 83204-1391
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
RE
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Attorneys for Intervenor Idaho Public Utilities Commission
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION)
OF ROCKY MOUNTAIN POWER FOR)
AUTHORITY TO CANCEL ELECTRIC)
SERVICE SCHEDULE NOS 72 AND 72A)
IRRIGATION LOAN CONTROL TARIFFS)
AND APPROVE A NEW DEMAND SIDE)
MANAGEMENT CONTRACT
CASE NO. PAC-E-12-14
PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC..
FOR LEAVE TO INTERVENE AND PROTEST TO MODIFIED PROCEDURE AND
DEMAND FOR HEARING
COMES NOW Idaho Irrigation Pumpers Association, Inc., herein called "this Intervenor"
and pursuant to Rules 72 and 73 of the rules of Procedure of the Idaho Public Utility
Commission, and by this Petition asks leave to intervene herein and to appear and participate as
a party herein, and as basis therefor states as follows:
(1) The name and address of this Intervenor is:
Idaho Irrigation Pumpers Association, Inc.
do Lynn Tominaga
P.O. Box 2624
Boise, Idaho 83701-2624
PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. FOR LEAVE TO INTERVENE
AND PROTEST TO MODIFIED PROCEDURE AND DEMAND FOR HEARING - Page 1
This Intervenor will be represented by:
Eric L. Olsen
Racine, Olson, Nye, Budge &
Bailey, Chartered
P.O. Box 1391; 201 E. Center
Pocatello, Idaho 83204-1391
and requests that copies of all pleadings and production requests and responses should be
provided to the following:
Eric L. Olsen
Racine, Olson, Nye, Budge &
Bailey, Chartered
P.O. Box 1391; 201 E. Center
Pocatello, Idaho 83204-1391
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Anthony Yankel
29814 Lake Road
Bay Village, Ohio 44140
Fax: [phone]
E-mail: [e-mail]
(2)This Intervenor and its members have a direct and substantial interest in this
proceeding and intend to participate in all respects herein as a party as may be required to
represent its interests.
(3)Without the opportunity to intervene herein, this Intervenor would be without a
manner or means of participating in the lawful determination of issues which will result in
affecting its rates for electric service.
(4)Pursuant to Rule 203, the Intervenor hereby protests the use of modified
procedure to address the termination of schedules 72 and 72A. These load control programs
have been a valuable part of RMP's demand side management efforts since 2003 and a
wholesale changing of the program and the policy discussions that need to take place cannot be
accomplished adequately and fully through modified procedure. This Intervenor respectfully
requests this matter be processed with scheduling conference as soon as possible and with a
PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. FOR LEAVE TO INTERVENE
AND PROTEST TO MODIFIED PROCEDURE AND DEMAND FOR HEARING - Page 2
formal hearing.
WHEREFORE, this Intervenor requests that this Commission confirm this Intervenor's
leave to intervene in these proceedings and to appear and participate in all matters as may be
necessary and appropriate; that the Commission order that a hearing be scheduled on this matter;
and to allow this Intervenor to present evidence, call and examine witnesses, cross-examine
witnesses, present argument, and to allow otherwise fully participate in the proceedings.
DATED this /1 day of December, 2012.
RACINE, OLSON, NYE, BUDGE &
BAILEY, CHARTERED
PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. FOR LEAVE TO INTERVENE
AND PROTEST TO MODIFIED PROCEDURE AND DEMAND FOR HEARING - Page 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 1/7k day of December, 2012 I served a true, correct
and complete copy of the Petition of Idaho Irrigation Pumpers Association, Inc. For Leave to
Intervene to each of the following, via U.S. Mail or private courier, e-mail or hand delivery, as
indicated below:
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
472 W. Washington Street
Boise, Idaho 83720-0074
jiewell(trnc.state.id.us
Mark C. Moench
Daniel E. Solander
201 South Main, Suite 2300
Salt Lake City, UT 74111
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Ted Weston
Rocky Mountain Power
Manager, Idaho Regulatory Affairs
201 South Main Street, Suite 2300
Salt Lake City, UT 84111
Phone: [phone]
Fax: [phone]
Email: [e-mail]
U.S. Mail/Postage Prepaid
E-mail
Facsimile
Overnight Mail
X Hand Delivered
U.S. Mail/Postage Prepaid
E-mail
Facsimile
Overnight Mail
Hand Delivered
U.S. Mail/Postage Prepaid
E-mail
Facsimile
Overnight Mail
Hand Delivered
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PETITION OF IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. FOR LEAVE TO INTERVENE
AND PROTEST TO MODIFIED PROCEDURE AND DEMAND FOR HEARING - Page 4