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Home My WebLink About20201020Amended Application for Intervenor Funding.pdfEric L. Olsen (ISB# 481l) ECHO HAWK & OLSEN, PLLC 505 Pershing Ave., Ste. 100 P.O. Box 6119 Pocatello,Idaho 83205 Telephone: (208) 47 8-l 624 Facsimile: (208) 47 8-167 0 Email: elo@echohawk.com Attorneyfor Intervenor ldaho Irrigation Pumpers Association, Inc. BEFORE TITE IDAHO PUBLIC UTILITIES COMMISSION iE**It\rH* :fr;:i *XI e0 AH ll: l* ? . :",,-',',"'.{g ,=ti- gam IN THE MATTER OF ROCKY MOUNTAIN POWER'S APPLICATION FOR AUTHORIZATION TO CHANGE DEPRECIATION RATES APPLICABLE TO ELECTRIC PROPERTY CASE NO. PAC-E.18-08 AMENDED APPLICATION FOR INTERYENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION, INC. COMES NOW the Idaho lrrigation Pumpers Association, Inc. ("Irrigators"), by and through counsel of record, Echo Hawk & Olsen, PLLC, and hereby respectfully makes an Amended Application to the Idaho Public Utilities Commission ("Commission") for intervenor funding, pursuantto ldaho Code 5 6l-617A and IDAPA SS 3l.0l.0l.16l through.165, inthis case, as follows: (A) A summary of the expenses that the Irrigators request to recover broken down into legal fees, witness fees and other costs and expenses is set forth in Exhibit A attached hereto and incorporated by reference. This Amended Application includes additional fees and costs incurred through October 7,2020. (B) The lrrigators' Counsel, Eric L. Olsen of Echo Hawk & Olsen ("Mr. Olsen") and Irrigator's witness Dr. Lance Kaufman of Aegis Insight ("Dr. Kaufman"), and Irrigators'witness Anthony J. Yankel of Yankel Associates, Inc. ("Mr. Yankel") participated in these proceedings. Mr. Olsen and Dr. Kaufman prepared and served written discovery, reviewed and analyzed the AMENDED APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC. PAC-E-1&08 Pagc I various parties' positions, and attended and participated via conference call or in person in the numerous technical conferences and settlement conferences held in this matter focusing on the appropriateness of the various elements of the depreciation study of the proposed PacifiCorp system and Idaho specific asset accounts and the appropriateness of the decommissioning study and appropriate amounts of decommissioning costs. Dr. Kaufman's efforts focused on the depreciable lives, retirement dispersion patterns, net salvage, and decommissioning costs of PacifiCorp's assets. Dr. Kaufman performed actuarial analysis of every PacifiCorp plant account with vintage accounting records. Dr. Kaufman reviewed PacifiCorp's proposed net salvage values and compared these values with annual, average, and rolling average historic cost of removal, salvage, and net salvage amounts for each PacifiCorp plant account. Dr. Kaufinan reviewed PacifiCorp's initially filed decommissioning study and the revised decommissioning and remediation study. Mr. Yankel's efforts focused on the appropriateness PacifiCorp's request to accelerate the retirement and depreciation of seven coal fire plants in its fleet (Cholla-4, Colstrip 3&$, Craig l&2, and Bridger I & 2). Mr. Yankel's efforts were put on hold in the middle of this case as PacifiCorp readdressed the appropriate term for the acceleration of depreciation and forecast decommissioning costs of these thermal plants in the 2019 IRP. Ultimately, the thermal plant lives and the decommission costs were removed from the current settlement and are being addressed in Phase II ofthis case. (C) The lrrigators' proposed findings and recommendations are captured in the Stipulations on (l) Depreciation Rate Changes and in its supporting Attachments and (2) Stipulation - Phase [I Decommissioning Costs (the "Stipulations") filed with the IPUC. As a signatory, the Irrigators believe that the Stipulations and the resulting proposed depreciation rates AMENDED APPLICATION FORINTERVENOR FUNDING OF TTIE IDAHO IRRIGATION PTIMPERS ASSOCIATION,INC. PAC-E-18-08 Pase2 and annual deferred incremental decommissioning costs are fair, just and reasonable resolution to issues addressed therein. (D) The expenses and costs incurred by the lrrigators set forth in Exhibit A are reasonable in amount and were necessarily incurred. The expenses and costs were incurred in participating in the technical and settlement conferences, in the drafting and review discovery responses, and negotiating the final terms of the Stipulations. Without incurring these expenses and costs, the Irrigators would not have been able to fully participate in this matter. (E) The costs described in Paragraph (A) above constitute a financial hardship for the Irrigators. The Inigators are an Idaho nonprofit corporation qualified under I.R.C. 5 501(c)(5) representing farm interests in electric utility rate matters affecting farmers in southern and central Idaho. The Inigators rely solely upon dues and contributions voluntarily paid by members, together with intervenor funding, to support its activities. Each year mailings are sent to approximately 7,000 Idaho Irrigators (approximately one-third in the Rocky Mountain Power service area), soliciting annual dues. The lrrigators recommend members make voluntary contributions based on acres irrigated or horsepower per pump. Member contributions have been falling which is believed to be attributable to increased operating costs and declining commodity prices. From member contributions the Irigators must pay all expenses, which generally include mailing expenses, meeting expenses and shared office space in Boise, Idaho, in addition to the expenses relating to participation in matters before the Commission. The Executive Director, Lynn Tominaga, is the only part-time paid contractor, receiving a retainer plus expenses for office space, office equipment, and secretarial services. Other lrrigator officers and directors are elected annually and serve without compensation. AMENDED APPLICATION FOR INTER}'ENOR FUNDING OF TIIE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC. PAC-E-18-08 Pagc 3 It has been and continues to be a financial hardship for the Irrigators to fully participate in important cases such as this one due to the time and expense that must be incurred to fully participate in such a case. Because of the Irrigators' financial constraints, participation in this case, and filing of testimony and cross-examination of witnesses has been prudent. (F) The lrrigators' raised many issues, that were not raised by other parties, some of which were not included in the final Stipulations. The first Stipulation contained Irrigator requested adjustments to Accounts 343, Idaho 363, Idaho 364, and Wyoming 390 that were solely Irrigator's proposals that did not appear in any other party's settlement offers. The second Stipulation was a joint effort of staff and other stakeholders and adopted many of the Irrigator positions and allowed the parties to look at the decommissioning cost anew at the forthcoming rate case. As such, the issues that the Irrigators raised and urged to be adopted by in the settlement discussions materially differed from those addressed by the Commission Staff and other parties. (G) The trrigators' participation addressed issues of concem to the general body of users or consumers on Rocky Mountain Power's system in that the Irrigator adjustments adopted in the Stipulation reduced the proposed rate increase for all customer classes. (H) The Irrigators represent the irrigation class of customers under Schedule l0 on Rocky Mountain Power's system. Based on the foregoing, it is respectfully submitted that the lrrigators are a qualifuing intervenor and should be entitled to an award of costs of intervention in the maximum amount allowable pursuant to [daho Code $ 6l-617A and TDAPA 55 31.01.01.161 through .165. /t AMENDED APPLICATION FOR INTERVENOR FUIIDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC. PAC-E-18-08 Page 4 DATED this 20tr day of October,2020. ECHO HAWK & OLSEN, PLLC By ERIC L. OLSEN Auorney for Idaho lrrigation Pumpers Association, Inc. CERTIFICATE OF SERVICE I hereby certiff that on the 20s day of October, 2020, I caused to be served a true and correct copy of the foregoing by the method indicated below, and addressed to the following: Jan Noriyuki, Secretary Idaho Public Utilities Commission P.O. Box 83720 11331 W. ChindenBlvd. Building 8, Suite 201-A Boise,lD 83714 jan.noriyuki@nuc.idaho. eov trnxtrx U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) Edward Jewell Deputy Attorney General Idaho Public Utilities Commission 472 W . Washington (83702) P.O. Box 83720 Boise,lD 83720-0074 edward. iewell@puc.idaho. gov U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) Emily L. Wegener (Senior Atorney) Yvonne R. Hogle Ted Weston PacifiCorp/ dba Rocky Mountain Power 1407 WN Temple Ste 330 Salt Lake city, uT 841l6 emi ly.wesener@pacifi corp.com vvonne.hoqle@pacifi corp.com ted.weston@,pacifi corp.com U.S. Mail Hand Delivered Ovemight Mail Telecopy (Fax) Electronic Mail (Email) AMENDED APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC. PAC-E-18-08 Pege 5 D. Matthew Moscon Lauren Shurman PacifiCorp/ dba Rocky Mountain Power Stoel Rives, LLP 201 S. State St., Ste 1100 salt Lake city, uT 84111 matt.moscon@stoel.com lauren. shurman@stoel. com Data Request Response Center PacifiCorp/ dba Rocky Mountain Power 825 NE Multnomah, Ste 2000 Portland, OR97232 datarequest@pac ifi corp.com Dr. Lance D. Kaufman Idaho lrrigation Pumpers Association, Inc. 4801 W. Yale Ave. Denver, CO 80219 lance@aeeisinsieht.com Anthony Yankel Idaho Irrigation Pumpers Association, Inc. 12700 Lake Avenue, Unit 2505 Lakewood, OH44107 tony@yankel.net Randall C. Budge Thomas J. Budge Attorneys for Monsanto Company Racine Olsen, PLLP P.O. Box 1391 Pocatello, ID 83204-l 391 rcb@racinelaw.net tjb@racinelaw.net Brubaker & Associates Monsanto Company 16690 Swingley Ridge Rd., #140 Chesterfield, MO 63017 mbrubaker@consultbai.com kiverson@consultbai. com U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) U.S. Mail Hand Delivered Ovemight Mail Telecopy (Fax) Electronic Mail (Email) trtrtrnx trtrtrnX trtrtrtrx trtrtrtrx AMENDED APPLICATION FORINTERVENORFUNDING OF THE IDAHO IRRIGATION PIIMPERS ASSOCIATION,INC. PAC-E-18-08 Page 6 Ronald L. Williams Attorney for PacifiCorp Idaho Industrial Customers Williams Bradbury, P.C. P.O Box 388 Boise,ID 83701 ron@wi I liamsbradbury.com utrtrtrx U.S. Mail Hand Delivered Ovemight Mail Telecopy (Fax) Electronic Mail (Email) Jim Duke Idahoan Foods PacifiCorp ldaho Industrial Customer iduke@idahoan.com U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) Kyle Williams BYU Idaho PacifiCorp Idaho Industrial Customers williamsk@byui.edu U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) Val Steiner Nu-West Industries, [nc. PaciliCorp Idaho Industrial Customers Val. steiner@asrium.com trtrtrtrx U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) Benjamin J. Otto Idaho Conservation League 710 N. 6th Street Boise,lD 83702 botto@idahoconservation. org trtrtrtrx trtrtrtr U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) Matthew Gerhart (CO Bar #50908) Attorney for Sierra Club 1536 Wynkoop St., Ste.200 Denver, CO 80202 matt. gerhart@s ierraclub. ore U.S. Mail Hand Delivered Overnight Mail Telecopy (Fax) Electronic Mail (Email) AMENDED APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PTIMPERS ASSOCIATION,INC. PAC-E-18-08 Page 7 Ana Boyd Sierra Club 2101 Webster St., Ste. 1300 Oakland, CA946l2 ana.boyd@sierraclub.org U.S. Mail Hand Delivered Ovemight Mail Telecopy (Fax) Electronic Mail (Email) Eric L. Olsen, Echo Hawk & Olsen PLLC AMENDED APPLICATION FOR INTERVENOR FUNDING OF TIIE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC. PAC-E 1&08 Page 8 EXIIIBIT A Expert Witness, Anthony Yankel, Expenses: 1. Witness Fees: 42 Hours @ $ZOO = Expert \ilitness, Dr. Lance D. Kaufman, Expenses: 1. Wifiress Fees: 101.2733 Hours @$ZtO = 2. Travel Expenses & Costs: Sub Total: Legal Expenses: l. Paralegal Fees: 12.3 Hours @ $gO = 2. Legal Fees Eric L. Olsen: 65.9 Hours @$200 = 3. Travel Expenses & Costs: 4. Soft Costs: Sub Total: $8,400.00 $13,402.43 $ 1s5.00 $13,557.43 $ 1,107.00 $13,180.00 $ 203.77 $ 34.96 $ 14,525.73 Grand Total: $36,483.16 AMENDED APPLICATION FOR INTERVENOR FT'I\IDING OF TIIE IDAHO IRRIGATION PT]MPERS ASSOCIATION,INC. PAC-E-1&08 Pege 9