20171204MIN.docx

IDAHO PUBLIC UTILITIES COMMISSION
MINUTES OF DECISION MEETING
SUBJECT TO APPROVAL
December 11, 2017 – 1:30 P.M.
In attendance were Commissioners Paul Kjellander, Kristine Raper and Eric Anderson. Commissioner Kjellander called the meeting to order.
The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETING on Tuesday, December 4, 2017. The Commission voted unanimously to approve the minutes as written.
The second order of business wasMATTERS IN PROGRESS:
2. Deliberation re: Idaho Power-New Schedules for Customers with On-Site Generation; Idaho Clean Energy Association’s Motion to Dismiss (with associated joinders and motions); Case No. IPC-E-17-13. [Sean Costello, Attorney]
Mr. Costellopresented ICEA’s pending Motion to Dismiss along with the Motions for Joinder, response of Idaho Power and reply of Auric Solar.
As background this case represents Idaho Powers Application for authority to establish new schedules for residential and small general service customers that on-site generate. ICEA filed a timely motion to dismiss in this matter andintervenors Auric Solar, City of Boise and the Snake River Alliance along with NW Coalition fully joined in ICEAs motion and they provided supplemental briefing. Intervenors; Idaho Conservation League, Sierra Club and Intermountain Wind and Solar partially joined in the motionand provided supplemental briefing.
The other parties to the case, Commission Staff, Ida Hydro, Irrigation Pumpers Association and Vote Solar took no position on the pending Motions.
With that,Mr. Costello stated he would stand ready to answer any questions.
Commissioner Kjellander asked if there were any questions or comments from the members of the Commission.
Commissioner Raper stated, to the extent that ICEA is arguing that this Application is Identical to Idaho Power’s application in Case No. IPC-E-12-27 docket, the argument fails; a quick overview of that case and applications reveals that they are not identical. They share the same subject matter. Contrary to ICEA’s argument regarding the application of res judicata, the Commission has a well-established line of cases.
Explaining this Commission preforms legislative as well as judicial functions. When exercising our legislative function, we are not bound to decide previous cases.
It is within our discretion to proceed with consideration of the Application and the record to be created by the parties. That said, we always encourage settlement discussions this case is not difference.
There were no questions and Commissioner Raper made a motion to deny the Motion to Dismiss filed by ICEA, to include the subsequently filed Motions to join by Auric Solar, City of Boise, Snake River Alliance/NW Energy Coalition, Idaho Conservation League, Sierra Club and Intermountain Wind and Solar. The Joinder Motions are substantive in nature and the arguments made there are more appropriate in developing the record for the underlying proceeding.
Commissioner Kjellander stated, there is a motion before us and asked if there were any further comments from members of the Commission.
Commissioner Kjellander stated, delaying a final decision on whether or not a separate customer class needs to be established could actually result in a chilling effect on future roof tops solar projects. People need to know what the parameters are so they can make reasonable decisions about investments of this type. They need to know what risks might exist. So, the Commission needs to resolve this issue so that everyone knows what to expect, one way or another, going forward.
Commissioner Kjellander asked if there were any further questions. There were no further questions and Commissioner Kjellander moved to grant the motion. A vote was taken on the motion and it carried unanimously.
The next order of business was FULLY SUBMITTED MATTERS:
3. Deliberation re: Joint Application to Approve Service Allocation Agreement Between City of Idaho Falls and Rocky Mountain Power; Case No. PAC-E-17-12. [Daphne Huang, Attorney]
Commissioner Kjellander announced that item 3 under Fully Submitted Matterswould be deliberated privately.
There was no further business before the Commission and Commissioner Kjellander adjourned the meeting.
__________________________________________________________________ COMMISSION SECRETARYDATE OF APPROVAL