20150710Petition for Intervenor Funding.pdf

Kelsey Jae Nunez, ISB No. 7899
Snake River Alliance
223 N.6th St., Ste.317 l',r i .1,,1- 1 I ['ii t1: J$
PO Box 1731 t:ill',?,'3:;l-3i.u, i,r i' : :
knunez@snakeriveralliance. org
Attorney for the Snake River Alliance
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER COMPANY'S
PETITION TO MODIFY TERMS AND CONDITIONS
OF PURPA PURCHASE AGREEMENTS
IN THE MATTER OF AVISTA CORPORATION'S
PETITION TO MODIFY TERMS AND CONDITIONS
OF PURPA PURCHASE AGREEMENTS
IN THE MATTER OF ROCKY MOUNTAIN POWER
COMPANY'S PETITION TO MODIFY TERMS AND
CONDITIONS OF PURPA PURCHASE AGREEMENTS
CASE NO. IPC-E-I5-01
CASE NO. AVU-E-I5-OI
CASE NO. PAC-E- 15.03
SNAKE RIVER ALLIANCE
PETITION FOR INTERVENOR
FUNDING
COMES NOW, the Snake River Alliance ("A11iance"), pursuant to Idaho Code $ 61-
617A and IDAPA 31.01.01 .16l-165, with this petition for intervenor funding. The Alliance is
an intervenor in this case pursuant to Order No.33222. This petition is timely pursuant to the
Commission's instruction at the Technical Hearing on June 30 to submit such applications by
July 10, 2015.
Snake River Alliance Petition for Intervenor Funding
IPC-E-1 5-01, AVU-E-1 5-01, PAC-E-l 5-03
I. Intervenor Funding is Appropriate in this Case.
Intervenors may apply for funding in any case involving regulated electric utilities with gross
Idaho intrastate annual revenues exceeding $3,500,000. Idaho Code $ 6l-617 A and IDAPA
31.01.01.161. Idaho Power Company, Rocky Mountain Power, and Avista Corporation are
regulated electric public utilities and each have gross Idaho intrastate annual revenues exceeding
$3,500,000.
II. The Alliance Meets the Standards for Granting Intervenor Funding.
Pursuant to Rule 162,the Alliance submits the following information demonstrating
qualification for intervenor funding.
t. Itemized List of Expenses.
The Attached Exhibit A is an itemized list of legal expenses incurred by the Alliance in
this proceeding. Exhibit A indicates the time spent reviewing the three utilities' applications for
relief, drafting Alliance pleadings and reviewing pleadings filed by other parties, reviewing
discovery, legal research and analysis, preparing and filing the direct testimony of Ken Millerr
reviewing direct and rebuttal testimony of other parties, conferring with experts and other
parties, and preparing for and participating in the prehearing conference and technical hearing.
b. Statement of Proposed Findings.
The Alliance proposes that the Commission maintain the 20-year contract term and
supports the adoption of a change to the contracts to include an adjustment to the energy
component of the rate after year 10 for the remainder of the contract term. The Alliance also
asks the Commission to grant this petition for intervenor funding.
I The Alliance is not seeking Intervenor funding for Mr. Miller's time.
Snake River Alliance Petition for Intervenor Funding
IPC-E-1 5-01, AVU-E-l 5-01, PAC-E-1 5-03
c. Statement Showing Costs.
The Alliance's request for $5,800 in intervenor funding, rounded down for convenience
and as shown in Exhibit A, represents a reasonable hourly rate and a reasonable expenditure of
hours in light of the complexity of this case and numerous parties participating. Counsel for the
Alliance worked efficiently, avoided duplicating the actions of other parties, focused on issues of
material concern into the case, and was an active participant in the technical hearing. The
Alliance is not seeking funding for the expert witness's time or for time spent on outreach to
assist with a robust public hearing and commenting process. The hourly rate requested for
Counsel is in line with Order No. 32846. Thus, the request is reasonable.
d. Explanation of Cost Statement.
The Snake River Alliance is a small, nonprofit organization supported by charitable
contributions from individuals, families, and foundations. We participated in this proceeding on
behalf of our members, most of who are customers of Idaho Power, Avista Corporation, or
Rocky Mountain Power. Our participation in this case was necessary to provide a voice for the
position that ratepayers face significant economic and environmental risks associated with the
utilities' coal fleet and that addressing those risks require ambitious pursuit of clean and
renewable altematives to coal and large hydropower. The outcome of this case will impact the
growing renewable energy industry and Idaho's role in climate change mitigation, and therefore
the Alliance's participation was key to ensuring the Commission was presented with necessary
evidence. The Alliance has a limited budget and only 3.5 FTE staff members. The time
dedicated to this case presented a significant financial commitment with respect to the work load
of the Clean Energy Program Director, a regionally recognized expert in this field, and the
Snake River Alliance Petition for Intervenor Funding
IPC-E-1 5-01, AVU-E-1 5-01, PAC-E-15-03
Executive Director, an Idaho attorney with experience in energy policy and law. Intervenor
funding is essential to the Alliance's ability to participate in these important proceedings.
e. Statement of Difference.
The Alliance's proposed findings are materially different from the Commission Staff,
who propose a 5-year contract term and assert that all long-term avoided cost forecasts are
inaccurate and that fixed price contracts do not benefit customers. The Alliance supports
maintaining the 20-year contract term, with adjustments as described above. Our position also
materially and substantially differs from Commission Staff in that, unlike the Alliance, the
Commission Staff does not consider the proposal to be out of line with the Idaho Energy Plan,
nor did Staff analyze or consider the economic risks associated with the environmental harms
that could result from their proposal.
f. Statement of Recommendation.
The Alliance's recommendation and position addressed issues of concern to the general
body of utility users and consumers in the following respects: the utility companies' continued
reliance on coal-fired generation poses significant economic and environmental risks to its
customers and residents of the State of Idaho, and this case will impair the future of utility-scale
solar power development in Idaho, and customers of each of these utilities may face increased
electricity rates in the future as a result.
g. Statement Showing Class of Customer.
The Alliance members include residential and small commercial customers of all three
Idaho investor owned utilities.
Snake River Alliance Petition for Intervenor Funding
IPC-E-15-01, AVU-E-1 5-01, PAC-E-1 5-03
4
WHEREFORE, the Snake River Alliance respectfully requests the Commission grant this
Petition for Intervenor Funding.
DATED this 10ft day of July,2015.
Re spectfu lly submitted,
Snake River Alliance Petition for Intervenor Funding
IPC-E-I 5-01, AVU-E-I 5-01, PAC-E-1 5-03
Kelsey Jae
Exhibit A
Cost Statement for the Snake River Alliance
All costs for Kelsey Jae Nunez, Counsel for Snake River Alliance
Reviewing and arclyzing pleadings, discovery, and testimony filed by other parties
' 6.5 hours @ $135 : $877.50
Drafting Petition to Intervene
' lhour@$135:$135.00
Legal research and analysis on PURPA
' 2.5 hours @ $135 : $337.50
Preparing and Filing the Direct Testimony of Ken Miller. 14.4 hours @ $135 : $1,944
Preparing for and Participating in the Prehearing Conference and Technical Hearing.. 18.7 hours @ $135 : $2,524.50
Total: $5.818.5
Rounded down to: $5.800
Snake River Alliance Petition for Intervenor Funding
IPC-E-I 5-01, AVU-E-I 5-01, PAC-E- I 5-03
Kelsey Jae Nunez, ISB No. 7899
Snake River Alliance
223 N.6th St., Ste.317
PO Box 1731
Boise,ID 83701
Ph: (208) 344-916t
knunez@snakeriveralliance. org
Attorney for the Snake River Alliance
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER COMPANY'S
PETITION TO MODIFY TERMS AND CONDITIONS
OF PURPA PURCHASE AGREEMENTS
IN THE MATTER OF AVISTA CORPORATION'S
PETITION TO MODIFY TERMS AND CONDITIONS
OF PURPA PURCHASE AGREEMENTS
IN THE MATTER OF ROCKY MOUNTAIN POWER
COMPANY'S PETITION TO MODIFY TERMS AND
CONDITIONS OF PURPA PURCHASE AGREEMENTS
CASE NO. IPC-E-15-01
CASE NO. AVU-E-I5-01
CASE NO. PAC-E-I5-03
CERTIFICATE OF SERVICE
I hereby certify that on this fuly L0,20L5,1 delivered true and correct copies of the
PETITION TO INTERVENE on behalf of the Snake River Alliance to the following parties via
the method of service noted:
Hand Deliverv:
fean fewell
Commission Secretary
Idaho Public Utilities Commission
472W. Washington St.
Boise, lD 83702-5983
(Original and 9 copies provided)
Certificate of Service - Snake River Alliance
IPC-E-1 5-01, AVU-E-15-01, PAC-E-1 5-03
Electronic Delivery:
Donovan E. Walker
Regulatory Dockets
Idaho Power Company
l22r w.Idaho St. (83702)
PO Box 70
Boise, ID 83707-0070
E-mail : dwalker@.idahopower.com
dockets@idahopower. com
Donald L. Howell,II
Daphne Huang
Deputy Attorneys General
Idaho Public Utilities Commission
472 W. Washington (83702)
PO Box 83720
Boise, ID 83720-0074
E-mail: [e-mail]. gov
daphne.huan s@puc. idaho. gov
Peter J. Richardson
Gregory M. Adams
Richardson Adams, PLLC
515 N. 27ft Street
Boise,ID 83702
E-mail: [e-mail]
greg@richardsonadams. com
Don Reading
6070 Hill Road
Boise,ID 83703
E-mail: [e-mail]
Certificate of Service - Snake River Alliance
IPC-E-1 5-01, AVU-E-l 5-01, PAC-E-1 5-03
Benjamin J. Otto
Idaho Conservation League
710 N. Sixth Street(83702)
PO Box 844
Boise,ID 83701
E-mail : [e-mail]
Matt Vespa
Sierra Club
85 Second St.,2nd Floor
San Francisco, CA 94105
E-mail: [e-mail]
Leif Elgethun, PE, LEED AP
Intermountain Energy Partners, LLC
PO Box 7354
Boise,ID 83707
E-mail: [e-mail]
Dean J, Miller
McDewitt & Miller LLP
420 W. Bannock St.
Boise,lD 83702
E-mail : ioe(Emcdevitt-miller.com
Ted Weston
PacifiCorp/ dba Rocky Mountain Power
201 S. Main Street, Suite 2300
salt Lake city, uT 84111
E-mail : ted. [e-mail]
Daniel E. Solander
Yvonne R. Hogle
PacifiCorp/ dba Rocky Mountain Power
201 S. Main Street, Suite 2300
Salt Lake City, UT 84111
E-mail: [e-mail]
yvonne. ho gel @paci f i corp.com
Electronic Copies Only:
Data Request Response Center
PacifiCorp
E-mail : datarequest(@pacifi corp.com
C. Tom Arkoosh
Arkoosh Law Offices
802 W. Bannock St., Ste. 900 (83702)
PO Box 2900
Boise,lD 83701
E-mail: [e-mail]
Electronic Copies Onlv:
Erin Cecil
Arkoosh Law Offices
E-mail: [e-mail]
Certificate of Service - Snake River Alliance
IPC-E-1 5-01, AVU-E-l 5-01, PAC-E-1 5-03
Eric L. Olsen
Racine, Olson, Nye, Budge
& Bailey, Chartered
201 E. Center
PO Box 1391
Pocatello, ID 83204-1391
E-mail: [e-mail]
Anthony Yankel
29814 Lake Road
Bay Village, OH 44140
E-mail: [e-mail]
Ronald L. Williams
Williams Bradbury, PC
1015 W. Hays St.
Boise, ID 83702
E-mail : ron@wi I liamsbradbury.cor
Irion Sanger
Sanger Law, PC
1117 SW 53'd Avenue
Portland, OR 97215
E-mail: [e-mail]
Michael G. Andrea
Senior Counsel
Avista Corporation
1411 E. Mission Ave., MSC-23
Spokane, WA 99202
E-mail : [e-mail]
Clint Kalich, Manager
Resource Planning & Analysis
Avista Corporation
1411 E. Mission Ave., MSC-7
Spokane, WA 99202
E-mail : clint. [e-mail]
Frederick J. Schmidt
Pamela S. Howland
Holland & Hart, LLP
377 S Nevada Street
Carson City, NV 89703
E-mail : [e-mail]
Richard E. Malmgren
Micron Technology, Inc.
800 South Federal Way
Boise,ID 83716
E-mail: [e-mail]
ECOPLEXUS,INC.:
(Exhibit Nos. 1501-1600)
Certificate of Service - Snake River Alliance
IPC-E-1 5-01, AVU-E-t 5-01, PAC-E-1 5-03
Scott Dale Blickenstaff
The Amalgamated Sugar Co LLC
1951 S. Saturn Way, Suite 100
Boise,ID 83702
E-mail : sblickenstaff@amal susar. com
Andrew Jackura
Sr. Vice President North America
Development
Camco Clean Energy
9360 Station Street, Suite 375
Lone Tree, CO 80124
E-mail: andrewjackura(Ocamcocleanenrgy.com
John R. Hammond, Jr.
Fisher Pusch LLP
101 S. Capitol Blvd., Suite 701
Boise, D 83702
E-mail: jrh@fi sherpusch.com
John Gorman
Ecoplexus,Inc.
650 Townsend Street, Suite 310
San Francisco, CA 94103
[e-mail]