20230724Request for Witness to Appear Remotely.pdf

IDAHO PUBLIC UTILITIES COMMISSION, Case No. AVU-E-23-01; AVU-G-23-01
ICL & NWEC – Request for Witness to Appear Remotely
Page 1
F. Diego Rivas (MT State Bar No. 68806741, pro hac vice admission1)
1101 8th Ave
Helena, MT 59601
[phone]
[e-mail]
Attorney for the NW Energy Coalition

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF AVISTA CORPORATION TO
INCREASE ITS RATES AND CHARGES
FOR ELECTRIC AND NATURAL GAS
SERVICE FOR ELECTRIC AND
NATURAL GAS CUSTOMERS IN THE
STATE OF IDAHO
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CASE NO. AVU-E-23-01;
AVU-G-23-01

REQUEST FOR PERMEISSION
FOR ICL/NWEC WITNESS
LAUREN McCLOY TO APPEAR
REMOTLY

IDAHO CONSERVATION LEAGUE
AND NW ENERGY COALITION

COMES NOW The Idaho Conservation League (“ICL”) and NW Energy Coalition
(“NWEC”, together “ICL/NWEC”), jointly, to request permission from the Commission for
witness Lauren McCloy to appear remotely in technical hearings in Avista Corporation’s
(“Avista” or “Company”) joint gas and electric general rate case.
The Commission’s established the original procedural schedule in this case on April 12,
2023 as part of Order No. 35736. The order scheduled a technical hearing to commence on
August 1, 2023, continuing until August 3, 2023 (as needed).2 The Commission then vacated the
procedural schedule on June 8, 2023 in Order No. 35808 in anticipation of a settlement and

1 Order No. 35718
2 Order No. 35736, at 1.
RECEIVED
2023 JULY 24, 2023 8:00AM
IDAHO PUBLIC
UTILITIES COMMISSION
IDAHO PUBLIC UTILITIES COMMISSION, Case No. AVU-E-23-01; AVU-G-23-01
ICL & NWEC – Request for Witness to Appear Remotely
Page 2
stipulation being filed. On June 14, 2023, the Company, Commission Staff (“Staff”), and
intervenor parties Clearwater Paper Corporation (“Clearwater”), Idaho Forest Group LLC
(“IFG”), and Walmart Inc. (“Walmart”) (collectively “signing parties”) submitted a Settlement
and Stipulation (“Settlement”). 3 ICL/NWEC participated in settlement negotiations but did not
sign the settlement agreement. On July 6, 2023, the Commission noticed the settlement and
stipulation and established a new procedural schedule, with a technical hearing to begin on
August 2nd, 2023.
On July 12, 2023, ICL/NWEC filed the direct inquiry of witness Lauren McCloy in
opposition to the Settlement, predominately focusing on rate design issues.4 Testimony in
support of the settlement by Staff and the Company also addressed rate design issues.5
However, in-person attendance at the technical hearing by witness Lauren McCloy is
infeasible. Ms. McCloy resides in rural Washington several hours drive from the nearest
commercial airport. She is also responsible for a very young child, making travel difficult
without substantial notice. While ICL/NWEC acknowledge that Order No. 35844 establishes a
substantially similar date(s) for the technical hearing as the original procedural schedule,
ICL/NWEC had no way of knowing that the Commission would establish the hearing on those
days once the original procedural schedule was vacated.
ICL/NWEC also acknowledge that the Commission recently noted the value of in-person
attendance at technical hearings to afford Parties of the full privilege of cross-examination and
allow questioning by the Commission.6 ICL/NWEC recognize these values. Nonetheless, in lieu

3 Stipulation and Settlement, Case No AVU-E-23-01 and AVU-G-23-01.
4 L. McCloy Di, ICL/NWEC.
5 D. English Di, Staff, at 13; Ehrbar, Avista Corporation, Di at 2. IFG submitted a Rebuttal Letter in Lieu of
Testimony supporting the proposed settlement – remaining intervenor parties did not submit testimony.
6 Order No. 35716, Order on Request for Remote Testimony, Case No. VEO-W-22-02.
IDAHO PUBLIC UTILITIES COMMISSION, Case No. AVU-E-23-01; AVU-G-23-01
ICL & NWEC – Request for Witness to Appear Remotely
Page 3
of in-person testimony by Ms. McCloy, remote testimony, cross examination, and questioning
best serves the development of a complete record and the public interest in this case.
To anticipate and accommodate the rights and privileges of parties, ICL/NWEC
conferred with counsel for Staff, the Company, and the intervenor parties on their intention to
cross-examine witness McCloy prior to this request. For its part, the Company stated it had no
objection to Ms. McCloy appearing remotely. Intervenor Clearwater Paper also indicated it had
no objection. No other party responded to the inquiry.
While in-person testimony and cross-examination undoubtedly provides for the greatest
exchange of information and development of the record, much of the value of in-person
testimony can be accommodated by remote testimony. Audio/video conferencing allows for
cross-examination and questioning by interested parties. If this request is granted, ICL/NWEC
offers to coordinate with Staff, counsel for parties, and presiding officer of the technical hearing
to address audio/video issues and conduct Ms. McCloy’s appearance in a preferred remote
format.
WHEREFORE, for the above stated reasons, ICL/NWEC respectfully requests the
Commission grant this REQUEST FOR WITNESS TO APPEAR REMOTELY. To
accommodate necessary planning, ICL/NWEC respectfully asks for expedited consideration.

IDAHO PUBLIC UTILITIES COMMISSION, Case No. AVU-E-23-01; AVU-G-23-01
ICL & NWEC – Request for Witness to Appear Remotely
Page 4
DATED: July 23, 2023

__________________________
F. Diego Rivas, appearing Pro Hac Vice
Regulatory Counsel
NW Energy Coalition
1101 8th Ave
Helena, MT 59601
[e-mail]

IDAHO PUBLIC UTILITIES COMMISSION, Case No. AVU-E-23-01; AVU-G-23-01 Page 1
ICL & NWEC, Certificate of Service

CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day of July 2023, I delivered true and correct copies of
the foregoing REQUEST FOR WITNESS TO APPEAR REMOTELY in Case No. AVU-E-23-
01; AVU-G-23-01 to the following persons via the method of service noted:

/s/ F. Diego Rivas

F. Diego Rivas (MT State Bar No.
68806741, pro hac vice admission)
Attorney for the NW Energy Coalition

Electronic Mail Only (See Order No.
35058):

Idaho Public Utilities Commission
Jan Noriyuki
Commission Secretary
[e-mail]
[e-mail]

Commission Staff
Chris Burdin
Deputy Attorney General
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg No. 8
Suite 201-A 93714
[e-mail]

Avista Corporation
Patrick D. Ehrbar
Director of Regulatory Affairs
Avista Corporation
PO Box 3727
Spokane, WA 99220-3727
[e-mail]
[e-mail]

David Meyer
Vice President and Chief Counsel
of Regulatory and Government Affairs
Avista Corporation
[e-mail]

Clearwater Paper
Peter J. Richardson
Richardson Adams, PLLC
515 N. 27th St.
Boise, ID 83702
[e-mail]

Dr. Don Reading
280 Silverwood Way
Eagle, ID 83716
[e-mail]

Carol Haugen
Nathan Smith
Jamie McDonald
[e-mail]
[e-mail]
[e-mail]

IDAHO PUBLIC UTILITIES COMMISSION, Case No. AVU-E-23-01; AVU-G-23-01 Page 2
ICL & NWEC, Certificate of Service

Idaho Forrest Group
Andrew P. Moratzka
Stoel Rives LLP
33 South Sixth Street
Suite 4200
Minneapolis, MN 55402
[e-mail]

Larry Crowley
The Energy Strategies Institute
3738 S. Harris Ranch Ave.
Boise, ID 83716
[e-mail]

Walmart, Inc.
Justina A. Caviglia
Parsons Behle & Latimer
50 West Liberty Street, Suite 750
Reno, NV 89502
[e-mail]

Steve W. Chriss
Director, Energy Services
Walmart Inc.
2609 Southeast “J” Street
Bentonville, AR 72716
[e-mail]