20090330Petition to Intervene.pdf

Brad M. Purdy
Attorney at Law
BarNo. 3472
2019N. 17th St.
Boise,ID. 83702
[phone] (Land)
[phone] (Fax)
bmpurdy(fhotmail.com
Attorney for Petitioner
Community Action Parnership
Association of Idaho
2009 MAR 30 AM 9: 24
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
NATURL GAS SERVICE TO ELECTRIC
AND NATURA GAS CUSTOMERS IN THE
STATE OF IDAHO.
) CASE NO. AVU-E-09..01
) A VU -0-09-01
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LATE FILED PETITION
TO INTERVENE OF THE
THE COMMUNITY ACTION
PARTNRSHIP ASSOCIATION
OF IDAHO
COMES NOW, Community Action Parnership Association of Idaho (hereinafter
"CAP AI" or "Intervenor") and, pursuant to Rules 071-075 of the Commission's Rules of
Practice and Procedure, IDAPA 31.01.01.071-075, hereby petitions the Commission for leave to
intervene in this proceeding and to appear and paricipate with full pary's rights. In support of
this Petition, CAP AI states as follows:
1. The address and name of the Petitioner is:
Community Action Parnership Association of Idaho
5400 W. Franlin Rd., Suite 0
Boise, ID. 83705
2. This Intervenor will be represented in this proceeding by, and pleadings and other
correspondence need only be sent to:
Brad M. Purdy
Page 1CAPAI Petition for Intervention
Attorney at Law
2019 N. 17th St.
Boise, ID. 83702
208-384-1299
FAX: [phone]
Email: bmpurdy(ihotmail.com
3. 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 Communty Council of
Idaho (formerly the 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 substatial
interest in this proceeding. These causes and conditions of povert include high utilty costs for
Idaho Power's low income rate payers. Low income familes pay a higher percentage of their
income for utility expenses than those in other economic categories. These conditions are often
caused by living in sub-standard or older housing that is not energy efficient. CAP AI is the only
pary who typically intervenes in proceedings before the Commission; specifically representing
public utilities' low-income customers. Consequently, it is fair to say that CAPAI has filled an
important role that long stood vacant. CAP AI believes that it fulfills an important role in this,
and similar proceedings, and without the opportunity to paricipate as a party in this proceeding,
would be unable to fulfill that role.
4. CAP AI respectfully requests the right to paricipate in this proceeding as a par and
introduce testimony and exhibits, cross-examine other witnesses, engage in oral argument, file
comments, and otherwise fully participate as a pary.
5. Pursuant to Commission Notice, issued February 11,2009, the intervention deadline for
this case was scheduled for February 25, 2009. CAPAI offers the following reasons for the
untimely filing of this Petition.
CAPAI Petition for Intervention Page 2
Specifically, when AVISTA fied this general rate case, CAPAI was under severe
budgetar limitations that made intervention in this case impracticable if not impossible in terms
of available resources, or lack thereof. As this Commission is aware, CAP AI has been
substantially and continuously involved in numerous other proceedings before this Commission
for at least the past year and has played a leading or key role in certain proceedings, paricularly
those affecting low-income customers such as the Commission's docket initiated to address
energy affordabilty (Case No. ONR-U-08-01), took a leading role in lobbying vigorously for
legislative changes affecting low-income customers of public utilties, and has paricipated in
general rate cases for Idaho Power, Rocky Mountain Power and AVISTA, all of which had
exhausted CAP AI's available resources.
It is CAP AI's policy to only paricipate in cases where it believes that its involvement
wil aid the Commission in reaching evenly balanced decisions and where CAP AI's participation
adds to the substantive analysis ofthe case without unduly expanding the scope ofthe
proceeding. CAP AI submits that its participation in this proceeding would meet these criteria.
As CAP AI has often pointed out to the Commission, its abilty to participate in proceedings
before the Commission is limited by available money and other resources. Thus, CAP AI often
must forego involvement in cases it would otherwise prefer to paricipate in. Since the
expiration of the intervention deadline in this case, however, particularly in the past week,
CAP AI has marshaled what it believes to be suffcient fuds to intervene in a maner that will
materially contribute to the Commission's decision in this matter.
CAP AI notes that it rarely, if ever, has sought late intervention before the Commission,
and respectfully submits that its involvement in this case wil not, at this junctue, constitute
unfair prejudice or disadvantage to the other paries to the proceeding. For example, the prefie
CAPAI Petition for Intervention Page 3
deadline for Staff and intervenors is stil roughly two months away. Should there be any
Production Requests submitted to CAP AI in this case, the latter wil diligently respond to same
with promptness.
WHEREFORE, the Community Action Partership Association ofIdaho hereby requests
that this Commission grant its Petition to Intervene in this proceeding and to fully appear and
paricipate as a pary with all the attendant rights and responsibilties.
DATED, this 30th day of March, 2009.
CAPAI Petition for Intervention Page 4
CERTIFICATE OF SERVICE
The undersigned represents that on the 30th day of March, 2009, it has served the
foregoing Petition to Intervene on the following paries via hand-delivery or overnight mail and
by electronic mail (where available).
A VISTA Corporation
Kelly Norwood
PO Box 3727
Spokane, WA 99220-3727
Email: Kelly.norwood(favistacorp.com
David Meyer
PO Box 3727
Spokane, WA 99220-3727
Email: david.meyer(favistacorp.com
Commission Staff:
Don Howell
Deputy Attorney General
472 W. Washington St.
Boise,Id 83702
Don.howell(fpuc.idaho.gov
Idaho Forest Group, LLC:
Dean 1. Miler
420 W. Banock St.
Boise,ID 83702
joe(fmcdevitt -miler .com
Scott Atkison
171 Highway 95 N.
Grangevile, IDD 83530
scotta(fidahoforestgroup.com
Clearwater Paper Corporation:
Conley E. Ward
601 W. Banock St.
Boise,ID 83702
cew(fgivenspursley.com
Dennis E. Peseau, Ph.D.
1500 Liberty Street SE
Suite 250
CAPAI Petition for Intervention Page 5
Salem, OR 97302
dpeseau(fexcite.com
Idaho Conservation League:
Betsy Bridge
710 N. Sixth Streeet
Boise, ID 83702
bbridge(fwildidaho.org
Idaho Community Action Network:
Roweena Pineda
3450 Hil Road
Boise,ID 83703-4715
Carie Tracy
1265 S. Main St., #305
Seattle, WA 98144 ~ ,f~~~Brad M. Purdy ~ ..
CAPAI Petition for Intervention Page 6