20110714Petition to Intervene.pdf

RECEIVED
Benjamin J. Otto (ISB No 8292)
710 N 6th Street
PO Box 844
Boise,lD 83701
Ph: [phone] x 12
Fax: [phone]
botto~idaoconservtion.org
2011 JUL 14 PM 4: 45
Attorney for Idao Conservtion leage
BEFORE TH IDAHO PUBliC UTILIES COMMISSION
IN TH MATfR OF A VISTA
CORPORATION REQUESTIG
APPROVAL TO DECREASE IT
ENERGY EFFCffNCY PUBliC
PURPOSE RIDER SCHEDULE 91
AND 191
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CASE NO. AVU-E-ii-02
AVU- E-ll-03
PETION TO INRVENE
COMES NOW the Idao Conservtion league (((ICL") and hereby reques leave
to intervne in the above captioned matter puruat to the Idao Public Utilties
Commision Rules of Procedur, IDAP A 31.01.01.071-073. As discusd below, ICL ha
direct and substantial interets in thes proceedigs, and therefore should be grted
intervention. Furher, this petition is not untimely nor wil grting it unduly broden the
issues, since ICL intends to focus on the direct issue in this ca the proper level for the
energy efficiency rider.
1. The name and addres of this Intervenor to whom copies of all pleadigs
production requests, production respnses, Commission orders and other documents
should be provided is:
ICL -- PETITION TO INRVENE -- 1
Benjamin J. Otto
Ida Conservtion Le
710 N. 6th st.
P.O. Box 844
Bois, Idao 83702
Ph: [phone] x 12
Fax: [phone]
bott~idaoconservtion.org
2. Idao Conservtion legue clais a direct and substantia interest in thi
proceedg aring from the impact to its members served by Avia and to its long-term
role advoating for public vaues. As Idao's largest state-bas conservtion orgization,
we have approximately 1,000 members.who are residential cusomers of Avita in Idao.
In addition to representing the interest of residential cusomers, ICL ha an intere in
promoting the resnsible expasion of energ efficiency in Idao. As the only potential
intervenor in thi proceg advocting for spcifcay for residentia cusomers, ICL
brigs a unique and vauable persctive to thi proceedig.
Th intervention petition is not untimely nor wi grting intervention unduly
broaden the proceedigs. In the notice for this proceedig, the Commision established a
21-daycomment period that closes on July 19, 2011. Order No. 32278. The Commision
did not establih a dedle for intervention in thi order. ld. Nor did the Commission
esablish a date for a heag or prehearg conferences, the benchmar for caculating a
timely petition to intervene. IDAPA 31.01.01.073. On July 14, 2011, the date ICL is
fiing thi intervention. Avia fioo a motion to extend the comment period and effective
dates ((for an unspified period" Motion/or Extension, A VU-E-ii-02/AVU-G-ll-03
(July 14. 2011). Becus the notice for thi proceedig did not establish deadine for
intervention, Avita now requests an extension for a ((unspcifed period)) and ICL is
ICL - PETITION TO INRVENE - 2
:t
fiing this petition as son as we becae aware of this situation, ICls petition is not
untimely.
Furher, unles the Commission grts this petition ICL is unable to protect our
interests in this matter. A vista's motion explais the Compay and the PUC staff have
((engaged in discusions" regadig this proceedig. Motion at 2. The motion doe not
make clear whether these ((discusions" are in fact active settlement discusions, whch
require notice to the Commission by the PUC Staff before their commencement. IDAPA
31.01.01.272. Before discoverig these potential settlement discusions were underwy,
ICL wa operating under the reasnable asumption that interested paries would be
submitting wrtten comments. Now it appear this ca could be resolved thrugh
discusions. Unless ICL attais intervnor status, the other paies to thi ca have no
duty to include ICL in these discusions. Without a seat at the table ICL is unable to
protect the interes of our members in ensurg Avista's DSM progrs are adequately
funded and the compay is in fact puruig al cost effective energ effciency.
Becaus this Commission ha diected all utilties to purue al cost effective efficiency and
conservtion measurs, ICls intervntion wi not unduly broaden the issues in thi
proceedig.
3. ICL intends to fuly paicipate in this matter as a pay, and if
necessry, may introuce evdence, be heard in arent and ca, examine and cross-
examine witness as may be relevt in this matter. The nature and quait of ICls
intervntion in the proceedig is depndat upon the nature and effect of other evdence
in this proeedig. ICL intends to seek intervnor fundig puruat to IDAPA
31.01.01.161 - 165.
ICL -- PETION TO INRVENE - 3
WHEREFORE, ICL respfuly reques the Commision grt thi petition.
DATED this 14th day of July2011.
~ sumitted~.c-
Benjamin J. Otto
Idao Conservtion legu
ICL - PETTION TO INRVENE -- 4
CERTIFICATE OF SERVICE
I hereby certify that on this 14th day of July, 2011, true and correct copies of the
foregoing PETITION TO INTERVENE were delivered to the followig persns via the
method of servce noted:
Hand delivery
Jean Jewell
Commission Secrear (Origial and sevn copies provided)
Idao Public Utilties Commission
427 W. Washigton St.
Boise, ID 83702-5983
Emai only:
David J. Meyer, Es.
Vice President and chief counsel
For Reguatory and Government Affai
A vista Corporation
P.O. Box 3717
1411 E. Mision Ave. MSC-13
Spokane, WA 99220-3727
David.mey~avistacorp.com
Bruce Folsom
Senior Manager, Energy Effciency
A vista Corpration
P.O. Box 3717
1411 E. Mission Ave. MSC- 1 5
Spokane, WA 99220-3727
Bruce.folsom~avistacorp.com IÅ~
Benjamin J. Otto
ICL - PETION TO INRVENE - 5