20080910Intervenor Funding.pdf

Brad M. Purdy
Attorney at Law
BarNo. 3472
2019 N. 17th S1.
Boise, ID. 83702
[phone]
FAX: [phone]
bmpurdy(ihotmail.com
Attorney for Petitioner
Communty Action Parership
Association of Idaho
REe!IVED
Z8n SEP 1 OPH ~: 05
IDAHO PUBLIC
UTILITIES COMMISSION
IN TI MATTER OF THE APPLICATION )
OF AVISTACORPORATIONFOR THE )
AUTHORITY TO INCREASE ITS RATES )
AND CHAGES FOR ELECTRIC AN )
NATURAL GAS SERVICE TO ELECTRC )
AN NATURA GAS CUSTOMERS IN TH )
STATE OF IDAHO )
CASE NOS. A VU-li..Og-O 1
A VU-G-8-0 1
PETITION FOR
INTERVENOR FUNING
COMES NOW, Petitioner Community Action Parership Assoiation ofIdaho
(CAPAI) and, pursuant to Idaho Code § 61-617A and Rules 161-165 of the
Commission's Rules of Procedure, IDAPA 31.01.01, petitions this Commission for an
award of intervenor fuding.
Rule 161 Requirements
A VISTA is an electrc/gas regulated, public utility with gross Idaho intrastate,
annual revenues exceeding three milion, five hundred thousand dollars ($3,500,000.00).
(01) lJemized list of Expenses
CABAI PETITION FOR INTERVENOR FUNDING 1
Consistent with Rule 162(01) of the Commission's Rules of Procedure, an
itemized list of all expenses incured by CAP AI in this proceeding is attached hereto as
Exhbit "A."
(02) Statement of Proposed Findings
CAPAI's proposed findings and modifications to AVISTA's original application
seeking approval of an increase to its electrc and natual gas rates, fied in ths case on
April 2, 2008, are set forth in the pre-filed direct testimony ofTeri Ottens, filed on behalf
of CAP AI, as well as additional direct testimony given at the techncal hearing in this
matter conducted on August 28, 2008. They are also reflected in the proposed settlement
agreement fied in this case and discussed below.
As the Commission is aware, all paries to this proceeding agreed to a proposed
settlement agreement attched as "Attchment I" to AVISTA's Motion for Approval of
Stipulation fied with the Commission dated August 7, 2008. The issues pertinent to
CAPAI's involvement are contained in Paragraphs 13 though 14(c) of the Stipulation.
Specifically, CAP AI proposed the following:
(l) A VISTA curently fuds its low-income weatherization program at $350,000.00
per year. CAPAI proposed, and all paries agreed, to increase fuding by $100,000.00
for weatherization measures and an additional $15,000.00 for administrative costs for a
tota increase to the program of$115,000.OO for an overall fuding level of $465,000.00.
A VISTA fuer agreed with CAP AI's proposal to revisit the fuding level in the
Company's next general rate case.
(2) CAP AI proposed, and the paries agreed, to fud $25,000.00 anually, for the
purose of underwiting the dedication of agency personnel to assist in low-income
CAP AI PETITION FOR INTERVENOR FUNDING 2
outreach and education concernng conservation. The dollars wil be fuded through
AVISTA's DSM Tarff Rider (Schedules 91 and 191), and is in addition to the
$465,000.00 fuding for the Company's low-income weatherization program.
(3) Finally, CAPAI proposed, and the paries agreed, that AVISTA supports and will
actively paricipate in any Commission-established workshops for the purose of
examining issues surounding energyaffordabilty and customers' abilty to pay energy
bils with respect to all jursdictional utilities. As par of ths process, A VISTA agreed to
explore the feasibility of establishing a Low-Income Rate Assistace Program, or similar
program, to assist low-income residential customers in Idaho.
All paries who paricipated in this proceeding agreed to the foregoing provisions
resulting from the negotiations leading to the settlement in ths case.
(03) Statement Showing Costs
CAP AI submits that the costs and fees incured in ths case, and set forth in
Exhbit "A," are reasonable in amount, particularly in light of the substatial negotiations
and unque provisions agreed to by all paries.
Considering the extent of the work involved, as detaled above, CAP AI submits
that the amount of time expended and costs incured were reasonable considering the
outcome achieved, that all ratepayers have benefited from the aforementioned efforts by
CAPAI.
(04) Explanation of Cost Statement
CAP AI is a non-profit corporation overseeing a number of agencies who fight the
causes and conditions of poverty throughout Idaho. CAPAI's fuding for any given
effort might come from a different varety of sources, including governental. Many of
CAP AI PETITION FOR INTERVENOR FUNDING 3
those fuding sources, however, are unpredictable. Some contan conditions or
limitations on the scope and natue of work eligible for fuding. The cost to CAP AI of
paricipating in ths proceeding constitutes a signficant financial hardship.
Had CAP AI not paricipated in this proceeding, it is likely that those interests
would not have been fully and adequately represented. This necessitated incurng the
costs sought by this Petition. Without assistace though the intervenor fuding statutes
and rules, CAP AI would be much more limited not only in the extent to which it
paricipates in any given case, but whether it paricipates at all due to budget constrints.
Intervenor fuding helps to assure that issues of importce do not go unaddressed due to
CAP AI's lack of financial resources.
(05) Statement of Difference
As indicated above, there were numerous issues raised and negotiated in ths case.
CAP AI largely took the lead, and made proposals not mentioned by Staf, on the issues
identified in subsection (6) of this Petition. Thus, CAP AI took a materially different
position than Commission Sta for puroses of intervenor fuding.
(06) Statement of Recommendation
CAP AI's Statement of Recommendation has been previously stated in this
Petition. In addition, while CAP AI's priar mandate and focus is to represent the
interest of low-income individuals, it is safe to say that CAPAI's framing of the issues
and advocacy was in the general interest of all ratepayers for the reasons stated below.
First, no par to ths case, including AVISTA, challenged the validity oflow-
income weatherization as a cost-effective resource that provides system-wide benefits.
Equally unchallenged is CAP AI's position that there are tagible, financial benefits to all
CAP AI PJ'PN FOR INTERVENOR FUNDING 4
ratepayers when customers who are at the margin of being able to afford to pay their
electrc bil, remain customers due to varous programs such as low-income
weatherization and general DSM opportties.
CAPAI's position that additional homes in AVISTA's service terrtory would
quaify for and benefit from weatherization if additional fuding were available also went
unchallenged. As a cost effective resource, fuding additional homes will aid in
diminshing the energy burden that low-income customers simply canot afford to live
with, especially in light of frequently increasing utilty costs and the general state of the
economy at this time.
CAP AI taes the sae position with respect to weatherization fuding that
A VISTA has agreed to fud a low-income, educational, conservation progr, initially
fuded in the amount of $25,000.00 anualy. This program will help households who
would not be served durng the program year due to insuffcient weatherization fuding.
Durng 2007, CAP's fuding allowed it to weatherize 351 homes, while 8,231
households received Low-Income Home Energy Assistance (LIHEAP). Whle all 7,880
remaing homes may not need weatherization, it is well known that a signficant
majority do. This conservation and minor weatherization instrction fuding will help
close the gap and allow a portion of the un-weatherized households to reduce their energy
burden and better manage their energy costs.
The purose of this program will be to provide those customers for whom there is
inadequate low-income weatherization fuding, education as to measures or natue of
their usage that they can implement at little or no cost. Needless to say, this too wil
constitute a very cost-effective DSM program, though it is far from providing additional
CAP AI PEJlION FOR INTERVENOR FUNDING 5
fuding to provide weatherization to all low-income customers in AVISTA's service
terrtory.
(07) Statement Showing Class of Customer
To the extent that CAPAI represented a specific AVIST customer class, it is the
residential class.
RESPECTFULLY SUBMITTED, ths 10t day of August, 2008.
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BradM. Purdy
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CAP AI PETITION. INTERVENOR FUNDING
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the llthth day of August, 2008, I caused to be
served the foregoing COMMUNITY ACTION PARTNERSHIP ASSOCIATION OF
IDAHO'S PETITION FOR INTERVENOR FUNDING on the following via electronic
transmission and U.S. postage, first class.
Scott Woodbur
Deputy Attorney General
Idaho Public Utilities Commssion
472 W. Washington St.
Boise, ID 83702
David Meyer
Kelly Norwood
A VISTA Corporation
1411 East Mission
P.O. Box 3727
Spokane, VV 1\ 99220-0500
Conley Ward
Givens Pursley LLP
601 W. Banock St.
Boise,ID 83702
Denns Peseau
Utility Resources, Inc.
i 500 Libert Street SE
Suite 250
Salem, OR 97302
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BradM. Purdy
CAP AI PETITION FOR INTERVENOR FUNDING 7
EXHIBIT" A"
ITEMIZED EXPENSES
Costs:
Photocopies/postage
Total Costs
$40.00
$40.00
Fees:
Legal (Brad M. Purdy 28 hours (l $120.00/h) $3,360.00
Total Fees $3,360.00
Total Expenses $3,400.00
CAP AI PETITION FOR INTERVENOR FUNDING 8