20080818Petition to Intervene.pdf

McDevitt & Miller LL~
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Chas. F. McDevitt
Dean J. (Joe) Mier
August 18, 2008
Via Hand Delivery
Jean Jewell, Secretary
Idaho Public Utilties Commission
472 W. Washington St.
Boise, Idaho 83720
Re: Case No. AVU-E-û8-û1
Dear Ms. Jewell:
Enclosed for fiing in the above matter please find the original and seven copies of the Petition to
Intervene (untimely) of Bennett Forest Industries Inc.
Kindly return a fie stamped copy to me.
Very Truly Yours,
(tDetw¡p
~iler
DJM/hh
Enclosures
C: Bennett Forest Industries
ORlG\NAL
Dean J. Miler (ISB No. 1968)
McDEVITT & MILLER LLP
420 West Banock Street
P.O. BOX 2564-83701
Boise, Idaho 83702
Tel: [phone]
Fax: [phone]
joeØimcdevitt-mier .com
l: 3
Attorney for Bennett Forest Industries Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN TH MATTER OF THE APPLICATION
OF AVISTA CORPORATION FOR THE
AUTHORIY TO INCREASE ITS RATES
AN CHAGES FOR ELECTRIC AN
NATUR GAS SERVICE TO ELECTRIC
AN NATUR GAS CUSTOMERS IN
THE STATE OF IDAHO.
Case No. A VU-E-08-01
PETITION TO INTERVENE
(UNTIMELY)
COMES NOW Benett Forest Industres Inc., ("Bennett Forest") puruant to RP
72-75 and petitions to interene in the above matter, and in support thereof respectfully
shows as follows, to wit:
i.
Bennett Forest Industres Inc., is an Idaho Corporation, authorized to conduct
business in the State ofIdaho, having its principal place of business at 171 Highway 95
N., Grangeville, Idaho. Benett Forest is engaged in the business of growing, haresting
and processing trees and forest products.
II.
Benett Forest is an electrc service customer of the Applicant, taking serce
under Applicant's Schedule 25-Extra Large General Serce-Idaho. On an anual
PETITION TO INTERVENE (UTIMEL Y)- 1
basis, Bennett Forest consumes approximately 24,645,000 kWh of electrcal energy at a
cost of over $1 milion. Accordingly, Benett Forest has a direct and substantial interest
in this proceeding.
III.
Bennett Forest wil be represented by, and all pleadings, paper, orders and
notices should be served upon:
Dean J. Miler
McDEVITT & MILLER LLP
P.O. BOX 2564-83701
Boise, Idaho 83702
joe(imcdevitt-miler.com
And
Scott Atkison, Chief Operating Officer
Bennett Forest Industres Inc.
171 Highway 95 N.
Grangeville, Idaho 83530
scotta~benettforest.com
IV.
Benett Forest seeks to interene in order to paricipate in the Techncal Hearng
scheduled for August 28, 2008, and to file Comments by the deadline of September 5,
2008. Bennett Forest wil not seek to introduce testimony at the Techncal Hearng;
rather it may ask clarfying questions on cross examination of witnesses supporting the
Settlement Stipulation to aid in preparng Comments by the September 5, 2008 deadline.
Pursuant to RP 73, Benett Forest understands that it is bound by all orders and notices
previously entered and Bennett Forest wil not seek to alter or modify prior orders and
notices. The Commission may include such a provision in its order granting intervention.
Granting ths Petition wil not cause disruption of the existing schedule, nor wil it result
in prejudice to existing paries or an undue broadening of the issues.
PETITION TO INTERVENE (UNTIMEL Y)- 2
V.
There is good cause for the untimely fiing of ths Petition for, among others, the
following reasons:
1. To Benett Forest's knowledge, customers tang serice under the
Applicant's Schedule No. 25 - Extra Lage General Serce-Idaho were not represented
in the discussions and negotiations leading to the filing of the Settlement Stipulation
herein. In consequence, Benett Forest is a member of an under-represented class of
customers.
2. Historically, Bennett Forest has not been involved in public utility matters
and has not paricipated in general rate cases fied by Applicant. Consequently, Benett
Forest has been unaware of its rights of partcipation. Recently, however, Bennett Forest
has entered into an Agreement of Merger with Riley Creek Lumber Company Inc (Riley
Creek). Riley Creek is another major forest products company in Nort Idaho. Riley
Creek, in contrast, has a policy of active engagement with its numerous electrcal
suppliers and routinely retains knowledgeable expers to assist in such engagement,
consisting of the undersigned and Mr. Lar A. Crowley, Director of the Energy
Strategies Institute, Inc.
3. Benett Forrest is informed that its anual expense for electrc service wil
increase by approximately $200,000 under the terms of the proposed settlement. As is
well known, the forest and lumber industr is curently in a depressed fiancial condition
and the proposed increase in electrc serice cost is of great materal concer to Benett
Forest, which is the largest employer in the vicinity of Grangeville, Idaho.
PETITION TO INTERVENE (UTIMEL Y)- 3
WHEREFORE, Bennett Forest respectfully requests that this untiely Petition to
Intervene be granted, subject to such conditions as the Commssion may deem
appropriate.
DATED this \~ day Of¥- ,2008.
BENNETT FOREST INDUSTRIES INC.
BY~\W
Dean J. Miler '"
Attorney for Bennett Forest
Industries Inc.
PETITION TO INTERVENE (UTIMEL Y)- 4
CERTIFICATE OF SERVICE
I hereby certfy that on the £ day of August, 2008, I caused to be sered, via
the method(s) indicated below, tre and correct copies of the foregoing document, upon:
Jean Jewell, Secretar
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise,ID 83720-0074
j j ewellCâuc. state.id. us
Scott Woodbur
Idaho Public Utilities Commission
472 West Washingtòn Street
P.O. Box 83720
Boise,ID 83720-0074
Brad M. Purdy, Esq.
2019 N. 17th Street
Boise, ID 83720
Conley E. Ward
Givens Pursley LLP
602 W. Banock Street
Boise, ID 83702-2720
David J. Meyer, Vice President
Kelly Norwood, Vice President
A visita Utilities
P.O. Box 3727
1411 E. Mission Ave
Spokane, WA 99220-3727
PETITION TO INTERVENE (UNTIMEL Y)- 5
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McDEVITI & MILLER LLP