20050816min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

AUGUST 16, 2005 – 1:30 P.M.

In attendance were Commissioners Paul Kjellander and Marsha Smith. Commissioner Hansen was absent and excused.

Commissioner Kjellander called the meeting to order. The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETINGS on July 12th, July 21st, and August 1st. 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 1 - 6. There was no discussion and Commissioner Kjellander made a motion to approve the Consent Agenda. A vote was taken on the motion and it carried unanimously.

The third order of business was MATTERS IN PROGRESS:

Scott Woodbury’s August 12, 2005 Decision Memorandum re: Interlocutory Order No. 29839 and Related Petitions of Windland Incorporated, Case No. IPC-E-05-22 (Idaho Power).

Mr. Woodbury reviewed his Decision Memo. Commissioner Smith commented that she was concerned about making the entire order final and suggested the Commission could make final the decision about grandfathering and any supporting language regarding that decision without making final other decisions in the Order. Discussion ensued regarding the issuance of an interlocutory order versus a final order.

Commissioner Kjellander stated he would like to take no action on the Petition to Stay. He said instead of looking at making the entire order final, he would be in favor of making just the grandfathering issue final. He made a motion to make the grandfathering piece of the interlocutory order a final order on that issue only, and to take no action on the Petition to Stay until the comment period has concluded.

Commissioner Smith stated she would support the motion on the basis that it is the fastest way to decide the grandfathering issue so that there is no more uncertainty for the project developers.

There was no further discussion. A vote was taken on the motion and it carried unanimously.

The next order of business was RULEMAKING:

Bev Barker’s August 12, 2005 Decision Memorandum re: Petition Filed by the Idaho Community Action Agency to Amend the Commission’s Utility Customer Relations Rules, IDAPA 31.21.01, Case No. RUL-U-04-02.

Ms. Barker reviewed her Decision Memo. Commissioner Smith made a motion to adopt the staff’s proposed revisions to the rules and the implementation of an informal collaborative to address issues regarding Rule 304. Commissioner Kjellander called for a vote on the first part of the motion and the motion carried unanimously. He then asked for clarification on the second part of the motion and the request for a hearing by the Idaho Community Action Agency. He asked if statute requires a hearing and questioned what purpose a hearing would serve. Mr. Howell replied that rulemaking provisions of the Administrative Procedures Act require that the Commission hold a hearing if it receives a written petition from 25 customers. He reviewed the pre-established timelines and Commissioner Smith clarified the response dates and deadlines for getting the rules to the administrative rules coordinator.

Commissioner Smith stated that this case was initiated on the petition of a consumer group and written comments are often the most efficient way to get input from interested people, but sometimes people have difficulty putting their thoughts in writing, so in this case the Commission should plan for a hearing. She made a motion that the Commission not wait for an official petition requiring the Commission to hold a hearing but instead move forward and schedule a public hearing on the proposed rules. A vote was taken on the motion and it carried unanimously.

Don Howell’s August 4, 2005 Decision Memorandum re: Adopting Recent Amendments to the Federal Hazardous Materials (HazMat) Regulations Regarding the Transportation of HazMat By Rail, Docket No. 31-7103-0501.

Don Howell’s August 5, 2005 Decision Memorandum re: Updating the Commission’s Gas Pipeline Safety Rule 201, Case No. 31-1101-0501.

Commissioner Kjellander noted that both items 9 and 10 involve adopting Federal rule changes. He moved for approval of both items. There was no discussion. A vote was taken on the motion and it carried unanimously.

Commissioner Kjellander stated that the only other items on the agenda were under the heading of FULLY SUBMITTED MATTERS and the Commission would deliberate on those privately.

Commissioner Kjellander apologized for difficulties with the audio system and noted for the record that the Commission needed to spend some money and get the problems fixed as quickly as possible. He then adjourned the meeting.

DATED this _______ day of August, 2005.

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COMMISSION SECRETARY

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