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Home My WebLink About20040405CAPAI Petition to Intervene.pdfECEIVED :" :! ,. :-, '" q Brad M. Purdy Attorney at Law Bar No. 3472 2019 N. 17th S1. Boise, ID. 83702 (208) 384-1299 FAX: (208) 384-8511 bmpurdy(fYhotmail.com Attorney for Petitioner Community Action Partnership Association ofldaho '\(';n' '-"" /. l1U 'i~ f Ii -~) P 1"1 I: 09 , "j ' ,~- i LU! ILl i iES COt'li\jiSSiON BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF AVISTA CORPORATION FOR THE AUTHORITY TO INCREASE ITS RATES AND CHARGES FOR ELECTRIC AND NATURAL GAS SERVICE TO ELECTRIC AND NATURAL GAS CUSTOMERS IN THE STATE OF IDAHO. CASE NOS. AVU-04- A VU-04- COMMUNITY ACTION PARTNERSHIP ASSOCIA- TION OF IDAHO' PETITION TO INTERVENE COMES NOW, Community Action Partnership Association ofldaho (hereinafter CAPAI" or "Intervenor ) and, pursuant to Rules 071-075 ofthe Commission s Rules of Practice and Procedure, IDAP A 31.01.01.071-075 , hereby petitions the Commission for leave to intervene in this proceeding and to appear and participate with full parties rights. In support ofthis Petition, CAP AI states as follows: 1. The address and name ofthe respective Intervenor is: Community Action Partnership Association ofldaho O. Box 8224 Boise, ID. 83707 This Intervenor will be represented in this proceeding by: Brad M. Purdy Attorney at Law 2019 N. 17th S1. PETITION TO INTERVENE OF COMMUNITY ACTION PARTNERSHIP ASSOCIATION OF IDAHO Boise, ID. 83702 208-384-1299 FAX: 208-384-8511 Email: bmpurdy(fYhotmail. com Michael Karp 147 Appaloosa Lane Bellingham, W A. 98229 Phone 360-724-3215 FAX: 360-724-5272 Email: michael~awish.net Copies of all pleadings, production requests, responses, Commission Orders and Notices and other documents should be provided to Brad M. Purdy and Michael Karp. CAP AI is a non-profit corporation consisting of six community action agencies serving every county in Idaho and also includes, among others, the statewide Idaho Migrant Council and fights the causes and conditions of poverty through building the capacity and effectiveness of its members who have a direct and substantial interest in this proceeding. These causes and conditions of poverty include high utility costs for Avista s low income rate payers. Low income families pay a higher percentage of their income for utility expenses that those in other economic categories. These conditions are often caused by living in sub-standard or older housing that is not energy efficient. Weatherization offers energy efficient retrofits for homes owned by low-income rate payers (at 150% poverty level). Currently, weatherization programs in Idaho have much as a six year backlog of customers needing the service. CAP AI, if allowed intervention, will, among other things, address the current levels of funding in Avista s low-Income weatherization program as well as numerous other issues related to low-income ratepayers. PETITION TO INTERVENE OF COMMUNITY ACTION PARTNERSHIP ASSOCIATION OF IDAHO CAP AI intends to participate in this proceeding as a party and introduce testimony and exhibits, cross-examine other witnesses, engage in oral argument and otherwise fully participate as a party. CAP AI recognizes that this petition is filed after the deadline set by the Commission in the Notice of Application dated February 25 , 2004. In support ofthis late filing, and in light of the considerations identified in Rule 73 ofthe Commission s Rules of Practice and Procedure, IDAPA 31.01.01.73 , CAP AI states the following: CAP AI became aware of Avista s intent to file a general rate case approximately December, 2003. During the course of conversation s with Avista s Bruce Folsom CAP AI's executive director, Ms. Teri Ottens, was left with the impression that it would not be necessary for CAP AI to seek formal intervention until sometime in mid-April 2004. CAP AI was not represented by legal counsel, in the context ofthis proceeding, when Ms. Ottens had these conversations with A vista. During the months of February and March 2004, Ms. Ottens was, in addition to her normal business responsibilities, spending considerable time dealing with legislative matters for the 2004 Idaho legislative session. She was simultaneously an active participant in the Idaho Power rate case (Case No. IPC-03-13). Prior to its involvement in the Idaho Power rate case, CAP AI had never intervened in a proceeding before this Commission and was completely unfamiliar with the Commission s practices and procedures. It was not until April 1 , 2004 that CAP AI learned of A vista s filing and the intervention deadline. Both Ms. Ottens and the undersigned, CAP AI's legal counsel in PETITION TO INTERVENE OF COMMUNITY ACTION PARTNERSHIP ASSOCIATION OF IDAHO the Idaho Power rate case, were heavily involved in Case No. IPC-03-13. This is the earliest opportunity that CAP AI has had to intervene upon learning of A vista s filing. Regarding Rule 73, CAP AI contends that granting it intervention in this proceeding will neither be disruptive, nor prejudicial to existing parties. Furthermore CAP AI's involvement in this proceeding will not unduly broaden the scope ofthe issues. CAPAI has discussed this petition with Mr. David 1. Meyer, legal counsel for Avista, and is authorized to represent that Avista does not oppose CAPAI's intervention. WHEREFORE, the Community Action Partnership ofldaho hereby requests that this Commission grant its Petition to Intervene in this proceeding and to fully appear and participate as a party with all the attendant rights and responsibilities. DATED, this day of April, 2004. . 2: ( ' ' L ~.----rc /- -,--/~ Brad M. Purdy --- PETITION TO INTERVENE OF COMMUNITY ACTION PARTNERSHIP ASSOCIATION OF IDAHO CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the day of April, 2004, I caused to be served the foregoing PETITION TO INTERVENE OF COMMUNITY ACTION PARTNERSHIP ASSOCIATION OF IDAHO on the following, in the manner indicated. Kelly Norwood Avista Utilities O. Box 3727 Spokane, WA. 99220-3727 Kelly. norwood~ vistacorp. com I/J u.S. Mail, postage prepaid t) Hand delivered () Facsimile () Overnight mail David J. Meyer A vista Utilities O. Box 3727 Spokane, W A. 99220-3727 David. meyer~vistacorp. com N' U.S. Mail, postage prepaid () Hand delivered () Facsimile () Overnight mail Scott Woodbury John Hammond Deputies Attorney General Idaho Public Utilities Commission 472 W. Washington St. Boise, ID. 83702 swoodbu~puc.state.id. us (\1 u.S. Mail, postage prepaid ) Hand delivered () Facsimile () Overnight mail Charles LA. Cox Evans, Keane 111 Main St. O. Box 659 Kellogg, ID. 83837 ccox~usamedia. ' u.S. Mail, postage prepaid () Hand delivered () Facsimile () Overnight mail" Conley E. Ward 601 W. Bannock S1. Boise, ID. 83702 cew~givenspursley.com u.S. Mail, postage prepaid Hand delivered () Facsimile () Overnight mail Dennis Pesau 1500 Liberty St., Suite 250 Salem, OR. 97302 dpeseau~excite.com M u.S. Mail, postage prepaid () Hand delivered () Facsimile () Overnight mail PETITION TO INTERVENE OF COMMUNITY ACTION PARTNERSHIP ASSOCIATION OF IDAHO