20060124min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

JANUARY 24, 2006 – 1:30 P.M.

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

Commissioner Kjellander called the meeting to order. The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETING on January 10, 2006. Commissioner Kjellander moved 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 – 8. Commissioner Smith asked for clarification on the length of the comment period for item 5. There was no further discussion. Commissioner Kjellander moved for approval of the Consent Agenda items. A vote was taken on the motion and it carried unanimously.

The next order of business was MATTERS IN PROGRESS:

Nancy Hylton’s January 19, 2006 Decision Memorandum re: Merlin and Judith Lords’ Complaint against Rural Telephone Company.

Ms. Hylton reviewed her Decision Memo. Commissioner Smith asked if there were customers other than the Lords who had called or written the Commission regarding problems with their service. Ms. Hylton replied the Commission had received three different complaints regarding the outages in question. Commissioner Smith asked if there had been any sense of unhappiness with the customer service in this area prior to the current complaints. Ms. Hylton replied that she wasn’t aware of any previous problems. Commissioner Smith stated if the Commission wants to address just the Lords’ particular complaint, then it should send a Summons, but if we think there are broader issues the company might need to address then we ought to open an investigation, and in the course of doing the broader investigation, also address the Lords’ complaint.

Commissioner Kjellander asked if the other complaints received by the Commission had been on the same issues or if they were broader. Ms. Hylton replied that one complaint had been on the same issue and another complaint was quite broad. Commissioner Kjellander commented if we feel the company might not be in compliance with our rules, then maybe it is time to open an investigation and look at the broader issues that need to be addressed. He made a motion to approve Staff’s recommendation to initiate an investigation into the complaints that have been filed. There was no further discussion. A vote was taken on the motion and it carried unanimously.

Wayne Hart’s January 19, 2006 Decision Memorandum re: United Water of Idaho Tariff Advice Revising Rule 75.

Mr. Hart reviewed his Decision Memo. Commissioner Smith asked if Staff felt people might be denied due process if the matter is processed and approved as a tariff advice. Mr. Hart replied it is simply a matter of following the rules, wherein if we process it as a tariff advice, the rule says “minor change” and staff was concerned it borders on not being a minor change, so the notice and public comment period would be in order. Commissioner Kjellander stated that in terms of being consistent in following the Commission’s rules, he recommended approval of Staff’s recommendation with the ten-day comment period. 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, 2006.

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COMMISSION SECRETARY