20171026Petition to Intervene.pdf

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BEFORB THE
IDAHO UTILITIES AND TRANSPORTATION COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF
HYDRO ONE LIMITED AND
AVISTA CORPORATION
FOR APPROVAL OF MERGER
AGREEMENT.
CASE NOS. AVU-E-17-09
AVU-G-17-05
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Pursuant to Rules of Procedure 7l through 75 of the Idaho Public Utilities Commissfrn, IDAPA
31.01.01 .071-.075, the Washington and Northern Idaho District Council of Laborers'
("WNIDCL") hereby petitions the Idaho Utilities and Transportation Commission ("IUTC" or
"Commission") for leave to intervene in the above-captioned proceeding as an intervenor with
full party status, as described in Rule 36. The business address of WNIDCL is:
Washington and Northem Idaho District Council of Laborers
P.O. Box 12917
Mill Creek, WA 98082-3556.
Danielle Franco-Malone of Schwerin Campbell Barnard Iglitzin and Lavitt, LLP will
represent WNIDCL in this proceeding and has an application for pro hac vice pending. All
documents relating to this'proceeding should be served on WNIDCL's attorney at the following
address:
Danielle Franco-Malone
Schwerin Campbell Barnard Iglitzin & Lavitt LLP
18 West Mercer Street, Ste. 400
Seattle, WA 98119-3971
Telephone : [phone]
Facsimile: (206) 257 -6047
E-Mail : [e-mail]
PAGE I _ WNIDCL'S PETITION TO INTERVENE
-;t1;
WASHINGTON AND NORTHERIIT*
IDAHO DISTRICT COTINCIL OF;E
LABORERS' PETITION TO 9iINTERVENE EFa6
LAW OFTICES OF
SCHWERIN CAMPBELL
BARNARD IGLITZIN & I.AVTTT LLP
18 WEST MERCER STREET SUITE4OO
SEATTLE. WASHINGTON 98I I9.397I
[phone]
t
aJ WNIDCL is a democratic labor organization that represents more than 10,750 members
in Washington and Northern Idaho. Petitioner is an affiliate of the Laborers International Union
of North America ("LiLrNA"), which represents 500,000 members primarily employed in the
construction industry, and is the eighth largest labor organization in the United States.
WNIDCL's members have a substantial interest in Hydro and Avista's proposed merger
filed on September 14, 2017. Hydro and Avista's proposed merger would substantially and
directly affect approximately 100 WNIDCL members who perform work for construction
contractors working on the Avista system, including NPL, Loy Clark Pipeline, Northstar
Enterprises, Spokane Traffic Control, Max J Kuney, and Garco. Petitioner's members work on
numerous Avista construction projects in Idaho.
As the bargaining representative of members employed by certain Avista construction
contractors, WNIDCL's intervention serves the public interest as well as the interests of its
members. Petitioner and its members can provide relevant and necessary information related to
its interests in the proceeding, including the training requirements, construction standards, local
employment impacts, and workforce development investments. Petitioner's members perform
work "in the field" and can provide information with direct bearing on the safety and reliability
of the service to the consumer. No other party can represent the interests of WNIDCL.
WNIDCL and its members have a direct and substantial interest in this proceeding that
will not be adequately represented by any other party, and may be affected by any Commission
determination made in connection with this proceeding. Petitioner has an interest in ensuring
that the proposed merger WNIDCL's participation will not unreasonably broaden the issues or
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PAGE 2 _ WNIDCL'S PETITION TO INTERVENE
LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD IGLITZIN & LAVITT LLP
I 8 WEST MERCER STREET SUITE 4OO
SEATTLE. WASHINGTON 98I I9-397I
[phone]
I
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burden the record in this proceeding. Thus, it is in the public interEst to allow WNIDCL to
intervene in this proceeding
WNIDCL respectfully petitions the Commission for leave to intervene in this proceeding
to represent its members who would be affected by the merger of Hydro and Avista.
DATED this 26th day of October,2017.
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Danielie Frafico-Malone
WSBA No. 40979
Schwerin Campbell Bamard lglitzin
& Lavitt LLP
l8 West Mercer Street, Ste. 400
Seattle, WA 98119-3971
206-285-2828 (phone)
2A6-257-60a7 $ax)
[e-mail]
Counsel for Washington and
Idaho District
Piotrowski, ISBA No. 591 1
824 West Franklin Street
Boise,ID 83702
208-331-9200 (phone)
[e-mail]
Local Counsel
LAWOTIICESOF
, SCSWERE{CAMPBEI"I.
BA.RNARD IGUTZIN & LAWIT LLP
I 8 WEST tvCRCEl STREET sumi oo
IEATTLB, WAS|UN6rO!.r 98r r9-39?t
805) 2tr-2828
PAGE 3 _ WNIDCL'S PHTITION TO INTERVENE
CERTIFICATE OF SERVICE
I hereby certify that on this 26th day of October, 2OlT,Icaused a copy of the foregoing
Washington and Northern Idaho District Council of Laborer's Petition to Intervene to be emailed
to the following:
Idaho UTC
David J. Meyer
Patrick Ehrbar
Elizabeth Thomas
Karie Vander Stoep
James Scarlett
secretary@puc. idaho. gov
david.meyer@avistacorp. com
Patrick. ehrb ar @av istacorp. com
liz.thomas@klgates. com
[e-mail]
j scarlett@HydroOne. com
Danielle