20031112min.doc

MINUTES OF DECISION MEETING
NOVEMBER 12, 2003 – 1:30 P.M.

In attendance were Commissioners Paul Kjellander, Dennis Hansen, and Marsha Smith.

Commissioner Kjellander called the meeting to order. The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETINGS on August 18th, September 29th, October 7th, October 15th, October 20th, October 27th, and November 3rd. Commissioner Kjellander made a motion to approve the minutes and it passed unanimously.

The next order of business was approval of the CONSENT AGENDA, items 2—8. There was no discussion. Commissioner Kjellander made a motion to approve items 2-8 and it passed unanimously.

The final order of business was MATTERS IN PROGRESS:

Michael Fuss’s November 10, 2003 Decision Memorandum re: Hossein Khorsand, Idaho Power Complaint.

Mr. Hammond reviewed Mr. Fuss’s Decision Memo. Commissioner Hansen commented that any site will have its detractors, and we have to realize that with growth the substations have to be located somewhere to provide good service to the customers. He said it needs to be clear that the company did the choosing and proposed this site, which doesn’t mean that it is the only site that could be acceptable in that area. He said the Commission charges the utility company with the responsibility of providing safe, reliable, and cost-effective service to its customers, and Staff could not find any evidence that the company has not followed these guidelines. He encouraged Mr. Khorsand to work through the local city or county entities if he has a problem with the siting, but in his mind, the company has followed the guidelines for providing safe, cost-effective service, and it picked a site following the correct procedures, as verified by Staff.

Commissioner Smith stated the Commission is a body with limited powers, and it can only do what the Legislature has authorized it to do. She said the Legislature has not given the Commission the authority to site the facilities of entities it regulates. She stated the Commission’s job is to ensure that rates are reasonable and service is adequate, reliable, and safe, but we don’t get to pick where the company puts its facilities. She said if the company spends too much, we have the authority to disallow a portion of the costs, but the Legislature has not given the Commission siting authority, and we are not a substitute for the company’s management. She said the authority rests with the city and county planning and zoning commissions to give permits for these sites, not the PUC.

There was no further discussion. Based on the discussion, Commissioner Kjellander made a motion that the Commission reject the request for a formal investigation, due to the lack of siting authority. The motion passed unanimously.

There were no further items on the agenda and Commissioner Kjellander adjourned the meeting.

DATED this ______ day of November, 2003.

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COMMISSION SECRETARY