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Home My WebLink About20180627Petition to Intervene.pdfNorman M. Semanko, ISB #4761 PARSONS BEHLE & LATIMER 800 West Main Street. Suite 1300 Boise, Idaho 83702 Telephone: 208-562.4900 Facsimile: 208.562.4901 N Semanko@parsonsbehle.com ecf@parsonsbehle.com Attorneys for Petitioner Avista Customer Group BEFORE THE IDAHO PUBLIC UTILITY COMMISSION RECEIVED ?il!$ JUll 27 PH t: SS ii'rii-i'-'r dtiiJLlCi; i ii ll';:'1; COl,ihilSSlON IN THE MATTER OF THE JOINT APPLICATION OF HYDRO ONE LIMITED AND AVISTIA CORPORATION FOR APPROVAL OF MERGER AGREEMENT CASE NOS. AVU-E-I7-09 AVU-G-17-05 AVISTA CUSTOMER GROUP'S PETITION TO INTERVENE COMES NOW, Avista Customer Group, (hereinafter "ACG"), through the undersigned counsel of record, pursuant to the Rules of Procedure of the Idaho Public Utilities Commission (hereinafter "RP"), IDAPA 37.01.01 .071-075, and hereby petitions the Commission for an order granting intervention to ACG to become a party and participate fully in this matter, including the lbrmal technical hearing currently scheduled for July 23,2018. 1. The address and name of the Petitioner is: Avista Customer Group P.O. Box 2325 Sandpoint, Idaho 83860 2. ACG will be represented by the below counsel of record and effective immediately, all notices, correspondence, pleadings, filings, or other communications should be directed to the following persons at the address listed below: AVISTA CUSTOMER GROUP'S PETITION TO INTERVENE- Page I Norman M. Semanko Parsons Behle & Latimer 800 West Main Street, Suite 1300 Boise, Idaho 83702 NSemanko@parsonsbehle.com ecf@parsonsbehle.com 3. ACG is an unincorporated nonprofit association, composed of utility ratepayers, taxpayers and concerned citizens, including electrical and natural gas utility service customers of the Co-Applicant, Avista Corporation. ACG members stand to be impacted by potential cost or rate increases resulting from the proposed merger of Avista Corporation with Hydro One Limited. ACG therefore has a direct and substantial interest in the outcome of the Joint Application, as required by RP 74. This interest is further evidenced by the Comments of Avista Customer Group, submitted herewith. 4. ACG seeks intervention as a full party, including participation in the formal technical hearing currently scheduled for July 23,2018. ACG seeks to participate regarding the issues already involved in this matter, including those raised during the public hearings and in the written comments submitted to the Commission. Therefore, ACG's intervention would not unduly broaden the issues, as required by RP 74. 5. A petition to intervene is timely filed if it is "filed at least fourteen ( 14) days before the date set for hearing or prehearing conference, whichever is earlier, unless a different time is provided by order or notice." RP 73. 'fhe Commission's Order No. 33903 (OcI. 5,2017) set a deadline of October 26-2017 to petition to intervene for the purpose of participating at hearing . and Order I'lo. 3 3 950 set a lbrmal technical hearing fbr June 27. 2018. That case schedule was subsequently vacated and replaced with a new, amended schedule. which did not include a lbrmal hearing date. prehearing conference date, or deadline for intervention. See. llotit'e of Proposecl Settlentenl: Notice of Mocli/ietl AVISI-A CUSTOMER GROUP'S PETITION TO IN'I'ERVENE- Pase 2 Procedure; Notice of Public Hearings: Nolice of Amended Schedule; Order No. 34061 (May 16,2018). Following the public hearings, at which ACG members and counsel testified, a formal technical hearing date was subsequently approved by the Commission at a Decision Meeting held on June 26, 2018, to address the concerns and issues raised by the public. See, Decision Memorandum (June 20, 2018). This Petition to Intervene is filed more than 14 days before the formal technical hearing, which is currently scheduled for July 23,2078, and is thus timely under RP 73. 6. In the event that the Commission determines that ACG's petition to intervene is untimely, the Commission should conditionally grant the petition for good cause, pursuant to RP 73. ACG was only recently formed, in response to the proposed merger and settlement, the modified procedure adopted by the Commission, and the announcement of the scheduled public hearings, as included in the May 16,2018 notices and order, as well as the written comments that have been submitted. The July 23 formal technical hearing provides an opportunity for the Co-Applicants, and intervenors, if necessary, to present live direct testimony regarding the multiple issues raised at the public hearings and in written comments. Decision Memoranclum. ACG's participation as an intervenor would allow for meaningful cross-examination of the witnesses at hearing, which is not otherwise likely to occlrr given the posture of the existing parties, who have all agreed to support the proposed settlement filed in this matter. No other party can adeqr-rately represent the' interests of ACG. In addition, ACG's participation will assist the Commission with its dLrty to indeperrdently review the settlement proposal and determine whether it is.just. Iair. reasonable. in the public interest, or otherwise in accordance with law or regulatory policy. as required by RP 276. This is fufiher AVISTA CUSI'OMER GROUP'S PETITION-fO lN-fllRVENI: . Pase 3 supported by the Commission's expectation that opponents of the settlement should be prepared to examine supporting witnesses, offer their own witnesses, or argue against the settlement. RP 215. As a result, ACG's intervention would not disrupt the proceedings, prejudice the existing parties, or unduly broaden the issues; and there is good cause for granting intervention. In the event the Commission conditionally grants ACG's petition to intervene, Petitioner understands that it would be bound by the orders and notices earlier entered, as a condition of such intervention, pursuant to RP 73. 7. In the event intervention is granted, Petitioner ACG reserves the right to apply for intervenor funding pursuant to RP l6l-165. For the foregoing reasons, ACG's petition should be granted to allow ACG to intervene in this matter and fully participate in all proceedings, including the July 23 technical hearing. DATED this2Tth day of June, 2018. PARSO S BEHLE & LATIMER By Norman M. Senr AVIS.I'A CLJS-I-OMER GROUP'S PETITION TO INTERVENL l)age 4 CERTIFICAT OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the fbllowing on this 27tt' day of June, 2018 by the following method: Lany A. Crowley, Director The Energy Strategies, Inc. 5549 S Cliff s Edge Ave. Boise, Idaho 83716 crowleyla@aol.com Peter.l. Richardson Richardson, Adams, PLLC 515 N 27tl' Street Boise, Idaho 83702 peter@richardsonadams.com Benjamin J. Otto Idaho Conservation League 710 N. 6tl' Street Boise, Idaho 83702 botto@idahoconservation.org Elizabeth Thomas, Partner Kari Vander Stoep, Partner K&L Gates. LLP 925 4tl' Ave., Ste. 2900 Seattle, wA 98104-1158 I iz.thomas@,kl gates.com kari. vanderstoep@kl gates.com i scarl ett@hydroone. com Ronald Williams Williams Bradbury, PC P.O. Box 388 Boise. Idaho 83701 ron@w'i I I i am sbradbury. c om David.l. Meyer, Esq. Vice President and Chief Counsel of Regulatory and Govemment Affairs Avista Corporation l4l1 East Mission Ave. Spokane. Washingto n 99220 dav id. meyer(Oav i stacorp. com Xl U.S. First Class Mail, Postage Prepaid Ll U.S.Certified Mail, Postage Prepaid [_] Federal Express [_] Hand Delivery [X] Electronic Mail or CM/ECF Xl U.S. First Class Mail, Postage Prepaid Ll U.S.Certified Mail, Postage Prepaid [_] Federal Express [_] Hand Delivery [X] Electronic Mail or CM/ECF [X] U.S. First Class Mail, Postage Prepaid Ll U.S.Certified Mail, Postage Prepaid [_] Federal Express [_] Hand Delivery [X] Electronic Mail or CM/ECF [X] U.S. First Class Mail, Postage Prepaid Ll U.S.Certified Mail, Postage Prepaid [_] Federal Express [_] Hand Delivery [X] Electronic Mail or CM/ECF [X] U.S. Irirst CIass Mail, Postage Prepaid Ll U.S.Certifled Mail, Postage Prepaid [_] Federal Express [_] Fland Delivery [X] Electronic Mail or CM/ECF IX] U.S. [rirst Class Mail. Postage Prepaid Ll U.S.Certifled Mail. Postage Prepaid [_.| Federal F-xpress [_] I-land Delivery [X] Electronic Mail or CM/ECF av i stadockets(@avi stacorp. com AVISTA CLJSTOMER CROUP'S PETITION TO INTERVENL'. Pase.5 Linda M. Gervais Senior Manager, Regulatory Policy Regulatory Affairs P.O. Box 3127 MSC-27 Spokane, Washingto n 99220 Linda. gervais@avistacorp.com Brandon Karpen Deputy Attorney General Idaho Public Utilities Commission 472 W Washington Boise, Idaho 83702 Brandon.karpen@puc. idaho. gov Patrick Ehrbar Avista Corporation l4l I East Mission Ave. Spokane, Washington 99220 P atri c k. e hrbar@,avLsjaqqtp. co nt Washington and Idaho Northem District Counsel ofLabors Danielle Franco-Malone Schwerin Campbell Barnard Iglitzin Lavitt LLP l8 W Mercer Street, Ste. 400 Seattle, Washington 981 19-397 1 franco@workerlaw.com Dr. Dawn Reading 6070 Flill Road Boise. Idaho 83703 dreadin g@.m i ndsprin g.com [X] U.S. First Class Mail, Postage Prepaid Ll U.S.Certified Mail, Postage Prepaid [_] Federal Express [_] Hand Delivery [X] Electronic Mail or CM/ECF [X] U.S. First Class Mail, Postage Prepaid Ll U.S.Certified Mail, Postage Prepaid [_] Federal Express [_] Hand Delivery [X] Electronic Mail or CM/ECF El U.S. First Class Mail, Postage Prepaid Ll U.S.Certified Mail, Postage Prepaid [_] Federal Express [_] Hand Delivery [X] Electronic Mail or CM/ECF [X] U.S. First Class Mail, Postage Prepaid Ll U.S.Certified Mail, Postage Prepaid [_] Federal Express [J Hand Delivery [X] Electronic Mail or CM/ECF [X] U.S. First Class Mail, Postage Prepaid Ll U.S.Certified Mail, Postage Prepaid [_] Federal Express [_] Hand Delivery [X] Electronic Mail or CM/ECF [X] U.S. First Class Mail, Postage Prepaid Ll U.S.Certified Mail, Postage Prepaid [_] Federal Express [_] Hand Delivery [X] Electronic Mail or CM/ECF AVIS'l'A CLJSTOMEIT GROLIP'S PETITION 1-O INI-trltVF.N[:.- Page 6 Brady M. Purdy Attorney at Law 2019 N. 17tl' Street Boise, lD 83702 bmpurdli@hotmail.com deanj mi I ler@cableone.net carol. hauen @c I earwaterpaper. com marv@malewallen.com i ohn j acobs@c learwaterpAper. com david.wren@clearwaterpaper.com nathan. sm ith@cl earwaterpaper.com [X] Electronic Mail or CM/ECF [X] Electronic Mail or CM/ECF [X] Electronic Mail or CM/ECF [X] Electronic Mail or CM/ECF [X] Electronic Mail or CM/ECF [X] Electronic Mail or CM/ECF -4-.^-. M. AVIS'ln CUSI'OMtrR GROUP'S PETITION TO INTERVENE- Pase 7 Jl3 l7-l9ltl-71).12r 2