20050118min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

JANUARY 18, 2005 – 1:30 P.M.

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

Commissioner Kjellander called the meeting to order. The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETINGS on December 20th and December 28th, 2004 and January 3rd and January 10th, 2005. Commissioner Kjellander made a motion to approve the minutes. A vote was taken on the motion and it carried unanimously.

The second order of business was approval of the CONSENT AGENDA, items 2—7. Regarding item 5, Commissioner Smith asked Staff for clarification regarding the location of Dalton Gardens. There were no further questions. Commissioner Kjellander made a motion to approve the Consent Agenda. A vote was taken on the motion and it carried unanimously.

The next order of business was MATTERS IN PROGRESS:

Donovan Walker’s January 13, 2005 Decision Memorandum re: Application of United Water Idaho Inc. for Authority to Increase Its Rates and Charges for Water Service in the State of Idaho, Case No. UWI-W-04-4; Petitions to Intervene.

Mr. Walker reviewed his Decision Memo. Commissioner Hansen asked about the petitions filed by Sharon Ullman and Scott Campbell and if they had stated precisely what their interests are in this proceeding. Mr. Walker replied that Mr. Campbell stated his direct and substantial interest was in his individual capacity and on behalf of all residential ratepayers of United Water. He said Ms. Ullman similarly stated her interest is in her individual capacity as a ratepayer and a previous intervenor in past United Water rate cases. He noted that her petition stated she had a broad knowledge of various issues such as growth and taxes, which had proven to have a direct and positive impact for United Water’s ratepayers in previous cases.

Commissioner Smith stated she was inclined to grant all of the petitions to intervene that were filed and not to limit the intervention of Idaho Rivers United, because their participation will be self-limiting based on their interests and available resources. She said that in regard to Mr. Campbell’s and Ms. Ullman’s petitions, the Commission’s policy ought to be to liberally grant intervention, and then it is up to the chairman of the case to not allow the issues to diverge from what is actually at issue in the case. She said she would be concerned if they have intervened with the anticipation of receiving intervenor funding, because it seems their interests are probably similar to staff’s and ICAN’s. She said she is in favor of liberally granting intervention and then strictly monitoring their participation at the hearing in order to limit it to what is appropriate. She said her cautionary word to the individuals who have intervened is that it seems unlikely their participation will rise to the level required to receive intervenor funding, although it remained to be seen what kind of presentations they will provide during the course of the hearings.

Commissioner Hansen stated he could go along with what Commissioner Smith said about being liberal in granting intervention. He stated that Ms. Ulmann and Mr. Campbell should be aware that intervenor funding is granted to people who are representing organizations or who are representing more people other than just themselves. He said if they are representing others in addition to themselves, they need to make the Commission aware of it.

Commissioner Kjellander asked if there have been any requests for a preliminary hearing to discuss some of the issues brought up by United Water in regards to scope and possible limitations. Mr. Walker said he was not aware of any requests.

Commissioner Kjellander asked if there is anything in Idaho Code that requires intervenors to file some kind of official proof that they are representing an organization. Mr. Howell replied that the Commission’s rules discuss when an attorney such as Mr. Campbell may represent other entities. He said there is no entity made up of residential ratepayers of United Water, so therefore, based on what the Commission has done in the past, the Commission may limit his intervention to his individual capacity as a ratepayer.

Commissioner Smith stated that unless he provides some evidence that he has been retained by others to represent them or a group known as United Water’s residential ratepayers, she would assume that his intervention is for the purpose of representing himself. She said she didn’t think people can self designate themselves as the representatives of others.

Commissioner Kjellander made a motion to allow the intervention requests that we have, not limiting the scope, and in the case of Mr. Campbell’s and Ms. Ullman’s petitions, unless some evidence is presented in reference to them representing a larger group, that they just be granted intervention on behalf of themselves. A vote was taken on the motion and it carried unanimously.

Scott Woodbury’s January 12, 2005 Decision Memorandum re: Firm Energy Sales Agreement—U.S. Geothermal, Case No. IPC-E-05-1 (Idaho Power).

Mr. Woodbury reviewed his Decision Memo. There was no discussion. Commissioner Kjellander made a motion to approve the U. S. Geothermal agreement. A vote was taken on the motion and it carried unanimously.

There was no further business before the Commission and Commissioner Kjellander adjourned the meeting.

DATED this ______ day of January, 2005.

_______________________________________
COMMISSION SECRETARY

2