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Home My WebLink About20150709Petition for Intervenor Funding.pdfRonald L. Williams,ISB No. 3034 Williams Bradbury, P.C. . i:i -i''- -'.' i,,l ir: i2 1015 W. Hays St. Boise LD,83702 Telephone: 208-344-6633 : Fax: 208-344-0077 ron@williamsbradbury. com Irion Sanger Sanger Law PC I117 SE 53'd Avenue Portland, OR 97215 Tel: (503) 756-7533 Fax: (503) 334-2235 irion@sanger-law.com Counsel for Renewable Energt Coalition BEFORE THE IDAHO PUBLIC UTILITES COMMISSION rN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-15-01 COMPANY'S PETITION TO MODIFY ) TERMS AND CONDITIONS OF ) CASE NO. AW-E-15-01 PROSPECTIVE PURPA ENERGY SALES )AGREEMENTS, ; CASE NO' PAC-E-15-03 ) IN THE MATTER OF AVISTA ) CORPORATION'S PETITION TO MODIFY ) PETITION FOR INTERVENOR TERMS AND CONDITIONS OF PROSPECTIVE PURPA AGREEMENTS ENERGY SALES AGREEMENTS, IN THE MATTER OF THE PETITION OF ROCKY MOUNTAIN POWER FOR MODIFICATION OF THE TERMS AND ) CONDITIONS OF PURPA PURCHASE AGREEMENTS AND FOR MODIFICATION OF ITS AVOIDED COST METHODOLOGY. COMES NOW the Renewable Energy Coalition ("REC"), pursuant to Idaho Code $ 61-6174 and Rules 16l-165 of the Idaho Public Utilities Commission's (the FI,NDING OF RENEWABLE ENERGY COALITION REC PETITION FOR INTERVENOR FUNDING Page I "Commission") Rules of Procedure,IDAPA 31.01.01, petitions for an award of $8,800 intervenor funding in the above captioned proceeding. REC is an intervenor in this proceeding pursuant to Order No. 33239, and this application is timely pursuant to the Commission's instruction at the technical hearing that applications should be submitted by July 10, 2015. I. This Case Qualifies for Intervenor Funding Intervenors may apply for intervenor funding in any case involving regulated electric utilities with gross Idaho intrastate annual revenues exceeding three million five hundred thousand dollars ($3,500,000). Idaho Code $ 6l-617A and 31.01.01.161. Idaho Power Company, Rocky Mountain Power, and Avista are regulated electric public utilities with gross Idaho intrastate annual revenues exceeding three million five hundred thousand dollars ($3,500,000.00). II. REC Meets the Commission's Standards for Granting Intervenor Funding Pursuant to Rule 162,the Form and Contents of Petition for Intervenor Funding, REC submits the following information demonstrating qualification for intervenor funding. 1. Itemized List of Expenses. Consistent with Rule 162.01of the Commission's Rules of Procedure, anitemized list of legal expenses incurred by REC in this proceeding is attached hereto as Exhibit A. Exhibit A indicates the time spent reviewing the three utilities' applications for relief, drafting pleadings (intervention, cross motion for clarification, response to motion for clarification, and petition for intervenor funding), reviewing discovery, revising expert testimony, legal research, reviewing testimony, communicating with parties, preparing for the technical hearing, and attending REC PETITION FOR INTERVENOR FTINDING Page2 the prehearing conference and technical hearing. As indicated on Exhibit A, REC is not seeking recovery of any travel related time, or expert witness fees. The legal fees included on Exhibit A also do not include all the legal fees billed to REC. For example, time was reduced to ensure that intervenor funding is not provided for potentially duplicative work (none of Ron Williams time attending the prehearing conference is requested, the total hearing participation time for attorneys Ron Williams and Irion Sanger was reduced to 10 hours, etc.). Finally, REC is not seeking recovery of legal fees that were not billed because of REC's limited budget in this proceeding. 2. Statement of Proposed Findings. The proposed findings and recommendation of REC are as follows: REC recommends that the Commission open a generic investigation into Public Utility Regulatory Policy Act ("PURPA") issues to review whether solutions other than reducing the contract term might better protect the utilities and ratepayers without unduly harming QFs. John Lowe Direct Testimony at 7. REC recommends that the Commission should not revise contract term limits without a thorough review of the issues and potential solutions typically achieved by a broader investigation. Id. In the alternative, if the Commission adopts some form of relief in this proceeding, then REC recommends that there be no changes for qualiffing facilities under the current rate eligibility cap. Id. at 3. The current rate eligibility cap is 100 kilowatts for wind and solar, and 10 average megawatts for all other generation resources. Specifically, REC recommends that the Commission reject Rocky Mountain Power's proposal that contract lengths be reduced for all QFs, regardless of size or whether they have previously sold power to an Idaho utility. REC PETITION FOR INTERVENOR FUNDING Page 3 3. Statement of Showing Costs. The costs shown on Exhibit A are reasonable in amount. The costs that REC is seeking recovery of solely relate to the cost of REC's retained attomeys. REC is not seeking recovery of any expert witness fees, is not seeking recovery of any witness or attorney travel time, is not seeking recovery of some hours billed, and is not seeking recovery of any worked hours not billed. In addition, REC is seeking recovery of attorney fees at the rate of $185, which is lower than the actual billing rates for attorneys Ron Williams and Irion Sanger. The Commission recently found reasonable an attomey fee rate of $185 for a experienced attorney in Order No. 32846. Mr. Williams has over thirty years of experience representing clients in utility matters, and Mr. Sanger has approximately fifteen years of experience representing clients in utility matters. For convenience, the total amount was rounded down to $8,800. 4. Explanation of Cost Statement. The Renewable Energy Coalition Idaho members, who are customers of and/or have power purchase agreements with both Idaho Power and Rocky Mountain Power, imposed a special assessment upon themselves to support the REC's involvement in this case. These members include Sorenson Engineering, Mink Creek, David Snedigar, ShoRock Hydro, Arkoosh Hydro, Ravenscroft Hydro, Koyle Hydro, Hydro Plus, and Jordan Whittaker. The costs for REC to participate in this proceeding exceeded REC's assessments to its members. This resulted in not all legal fees worked being charged to REC. In addition, REC's witness John Lowe not charging part of his time that is related to work in this proceeding. In addition, there have also been a number of other PURPA related proceedings related to Idaho Power Company, PacifiCorp, and Portland General Electric REC PETITION FOR INTERVENOR FUNDING Page 4 Company in Oregon, Washington, and Wyoming. Due to the unprecedented level of PURPA regulatory activity in these other proceedings, REC's members in other states were unable to meaningfully assist with the costs of participation in this proceeding. 5. Statement of Difference. There are material and substantial differences in the positions of REC and the Commission Staff. REC opposes lowering the contract term for QFs, and Staff supports reducing the contract term for QFs to five years. REC agrees that the utilities have legitimate concerns regarding the number of new PURPA contracts, but believes that the utilities' concerns are exaggerated because not all ofthe QFs that request contracts, or that even enter into contracts, ever come on line. REC also believes that the utilities have overestimated the costs and harms associated with QFs, and underestimate their benefits. REC is also the only party that recommends that the Commission should more broadly investigate the issues raised by the utilities. Lowering the contract term is not the only, and potentially not the best, tool that the Commission has to protect ratepayers while not unduly harming QFs. REC is the only party that submitted testimony and representing the interests of small baseload QFs that are under the rate eligibility cap and are selling power to both Idaho Power and Rocky Mountain Power. 6. Statement of Recommendation. REC recommends that: The Commission deny the requests of Idaho Power Company, Rocky Mountain Power Company, and Avista to shorten the contract length for QFs; The Commission open an investigation in PURPA matters; and REC PETITION FOR INTERVENOR FUNDING Page 5 . If the Commission lowers the contract length for QFs, then the Commission should reject Rocky Mountain Power's proposal to reduce the contract length for QFs below the rate eligibility cap. REC's statement of recommendations impacts all customers of ldaho Power Company, Avista, and Rocky Mountain Power as well as the public interest. REC's primary goal in this proceeding was to ensure fair and reasonable contract terms and conditions, and avoided cost rates for small projects under the published rate eligibility cap, including existing projects. REC also recognizes that PURPA must work to benefit all interested parties, including the utilities, ratepayers, and new and existing QFs of various sizes. Therefore, while ratepayers should not be required to pay for expensive and unneeded power, any solution that the Commission adopts should not prevent cost effective and valuable QFs from selling power to the utilities. The continued operation of existing small hydroelectric facilities also benefits Idaho ratepayers and their local communities. Payments to small and locally owned QF facilities are often re-invested in the local economy. 7. Statement Showing Class of Customer. REC's members are residential and commercial customers of ldaho Power Company and Rocky Mountain Power Company. Wherefore, REC respectfu lly $8,800 intervenor funding. Respectfully submiued, requests that the Commission grant this petition for Irion Sanger Sanger Law, P.C Attorneys for REC REC PETITION FOR INTERVENOR FUNDING Page 6 ExhibitA Cost Statement for Renewable Energy Coalition Prepare intervention and pro hac vice request IrionA Sanger: 0.5 hours @ $185 Ronald Williams: 1".5 hours @ $185 Review clarificaion request, draft and revise cross petition for clarification, and review responses IrionASanger: 3 hours @ $185 Ronald Williams: t hours @ $185 Attend prehearing conference IrionA Sanger: 2 hours @ $185 Ronald Williams: 0 hours @ $185 Review discovery/productions of documents Irion A Sanger: 1.5 hours @ $185 Ronald Williams: 0 hours @ $185 Review Idaho Power Company, Rocky Mountain Power, and Avista filings, applications, and testimony Irion A Sanger: 7.1 hours @ $185 Ronald Williams: 1.5 hours @ $185 Review, research, revise, and file REC testimony Irion A Sanger: 4 hours @ $185 Ronald Williams: 0.5 hours @ $185 Review Staff and Intervenor testimony Irion A Sanger: 4.7 hours @ $185 Ronald Williams: 0 hours @ $185 Strategy discussions and meetings with client and other parties Irion A Sanger: 2.3 hours @ $185 Ronald Williams: 1.8 hours @ $185 Preparation for and participation in the technical hearing offune 29-30 Irion A Sanger: 8 hours @ $1Bs Ronald Williams: 2 hours @ $185 Draft and file Intervenor Funding Request IrionA Sanger: t hours @ $185 Ronald Williams: 0.5 hours @ $185 Travel Costs Irion A Sanger: )ohn Lowe Total $92.s0 $277.50 $555.00 $185.00 $370.00 $0.00 $277.50 $0.00 $1,313.50 $277.50 $740.00 $92.50 $86e.50 $0.00 $425.50 $333.00 $1,480.00 $370.00 $185.00 $92.50 $405.00 $410.00 $8.800.00 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 9th day of July,2015, a true and correct copy of the within and foregoing PETITION FOR INTERVENOR FUNDING OF THE RENEWABLE ENERGY COALITION was served as shown to: Jean D. Jewell, Secretary Idaho Public Utilities Commission 472West Washington Boise,Idaho 83702 i ean jewell@puc.idaho. eov C. Tom Arkoosh Twin Falls Canal Company North Side Canal Company American Falls Reservoir District #2 Arkoosh Law Offices 802 W Bannock Ste 900 Boise lD 83702 tom. arkoosh@arkoosh.com Ben Otto Idaho Conservation League 710 N 6th Boise lD 83702 botto@.idahoconservation. org Leif Elgethun PE LEED AP Intermountain Energy Partners LLC PO Box 7354 Boise lD 83707 leif@ sitebasedenergy.com Dean J Miller McDevitt & Miller LLP PO Box 2564 Boise lD 83702 i oe@mcdevitt-miller. com Daniel E Solander Rocky Mountain Power 201 South Main Street Ste 2400 Salt Lake City UT 84111 daniel. solander@pacificom. com datarequest@pacificom. com X Hand Delivery _U.S. Mail, postage pre-paid _ Facsimile _ Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid _ Facsimile X Elechonic Mail _ Hand Delivery _U.S. Mail, postage pre-paid _ Facsimile X Electronic Mail _ Hand Delivery ..-.U.S. Mail, postage pre-paid _ Facsimile X Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid _ Facsimile X Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid Facsimile Electronic Mailx REC PETITION FOR INTERVENOR FUNDING SERVICE CERTIFICATE Page 1 Ted Weston Rocky Mountain Power 201 South Main Ste 2300 Salt Lake City UT 84111 ted.weston@pacifi com.com Kelsey Jae Nunez Snake River Alliance PO Box 1731 Boise ID 83701 knunez@ snakeriveralliance. ors Donovan E. Walker Lisa A. Grow RandyAllphin Idaho Power Company 1221 West Idaho Street Boise,ID 83702 dwalker@ idahopower. com lerow@idahopower.com rallphin(D idahopower. com dockets@.idahopower. com Clint Kalich _ Hand Delivery Avista Corporation _U.S. Mail, postage pre-paidl4ll E Mission Ave MSC-7 Facsimile Spokane WA992O2 T Electronic Mail clint. kalich@ avistacorp. com Michael Andrea _ Hand Delivery Avista Corporation _U.S. Mail, postage pre-paidl4ll E Mission Ave MSC-23 Facsimile Spokane WAgg2O2 T Electronic Mail michael. andrea@ avistacorp. com Scott Dale Blickenstaff _ Hand Delivery The Amalgamated Sugar Company LLC _U.S. Mail, postage pre-paid 1951 S Saturn Way Ste 100 _ Facsimile Boise lD 83702 X Electronic Mail sblickenstaff@ amalsuear. com _ Hand Delivery _U.S. Mail, postage pre-paid _ Facsimile X Elechonic Mail _ Hand Delivery _U.S. Mail, postage pre-paid _ Facsimile X Elechonic Mail _Hand Delivery _U.S. Mail, postage pre-paid _ Facsimile X Elechonic Mail REC PETITION FOR INTERVENOR FUNDING SERVICE CERTIFICATE Page 2 Richard E. Malmgren - Hand Delivery Micron Technology lnc -U.S. Mail, postage pre-paid 800 South Federal Way _ Facsimile Boise lD 83716 X Electronic Mail r.qlllahrg'-e-I((0utsrqLleu Frederick J. Schmidt _ Hand Delivery Pamela S. Howland _U.S. Mail, postage pre-paid Holland & Hart LLP _ Facsimile 377 South Nevada Street X Electronic Mail Carson City NV 89701 f.x h rnld t@Iplt_audho_t_co_ln John R. Hammond, Jr. _ Hand Delivery Fisher Pusch LLP -U,S. Mail. postage pre-paid irh@fisherpusch.com _ Facsimile X Electronic Mail John Gorman - Hand Delivery Ecoplexus, Inc. _U.S. Mail, postage pre-paidjohng@ecoplexus.com _ Facsimile X Electronic Mail Matt Vespa Sierra Club 85 Second St 2"d Floot San Francisco CA 94105 [raf Lvelpa@ue.Ila--c.!ub-e.rg Andrew Jackura Camco Clean Energy AgPower DCD, LLC and AgPower Jerome, LLC andrew j ackura@camcocleanenergy. com _ Hand Delivery _U.S. Mail, postage pre-paid _ Facsimile X Electronic Mail _ Hand Delivery _U.S. Mail, postage pre-paid _ Facsimile X Electronic Mail REC PETITTON FOR INTERVENOR FUNDTNG SERVICE CERTIFICATE PAgC 3