20070709min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

JULY 9, 2007 – 1:30 P.M.

In attendance were Commissioners Paul Kjellander, Marsha Smith and Mack Redford.

Commissioner Kjellander called the meeting to order. The first order of business was approval of MINUTES FROM PREVIOUS MEETING on June 21st, 2007. Commissioner Kjellander moved for approval of the minutes. A vote was taken on the motion and it carried unanimously.

The next order of business was approval of the CONSENT AGENDA. Commissioner Kjellander stated that item 2 would be considered under MATTERS IN PROGRESS. He made a motion to approve items 3 – 9 on the Consent Agenda. There was no discussion. A vote was taken on the motion and it carried unanimously.

The next order of business was MATTERS IN PROGRESS:

AT&T’s Motion for Modification of Procedural Schedule in Its Complaint Against Qwest, Case No. QWE-T-06-17. [No Memo. Don Howell, Attorney]

Mr. Howell explained that AT&T had filed a motion to adjust the schedule in this case. He said Qwest’s local counsel had informed him that Qwest was in agreement with AT&T’s request to postpone the filing date for its pre-filed testimony to July 30th. Commissioner Smith made a motion to approve the schedule change as proposed by AT&T. There was no discussion. A vote was taken on the motion and it carried unanimously.

Carolee Hall’s July 6, 2007 Decision Memorandum re: “Formal” Complaint Against Verizon Northwest, Inc. on Behalf of Clearwater Valley Hospital and Clinics, Inc.

Ms. Hall reviewed her Decision Memo. Commissioner Kjellander asked how much of the complaint has to do with broadband, because he was not aware of any regulatory authority the PUC has in relationship to service quality for broadband, which is a Title 62 service not subject to the Commission’s service quality review. He asked if Mr. Howell could explain the PUC’s authority. Mr. Howell replied that even for services that remain subject to Title 62, the Commission has the authority to resolve subscriber complaints regarding local service, and it sounds like part of the microwave system serves both local and intrastate long distance as it relates to the communications between interexchanges in Lewiston.

Commissioner Smith noted that Idaho Code gives the Commission authority over quality and availability of local exchange service. Commissioner Kjellander stated that even if the law was construed to give the Commission some kind limited authority over broadband, he questioned how the Commission could require the company to make any improvements without the ability to open a rate case. Mr. Howell replied that it was the company’s local service that failed, and it is within the Commission’s authority to ask the utility what it plans to do about the significant outages. Commissioner Kjellander concurred that it won’t hurt to ask the company and find out what our legal status is from the utility’s perspective. He said there are plenty of issues tied to their local service that we need to address.

Commissioner Smith stated that beyond the facetious remarks about all of the competition that is supposed to fix problems like this, she thought it would be good to investigate the complaint and build a record to show what’s happening and to inform key people because maybe there is something that can be done about it. Commissioner Kjellander stated that although the Commission appears to have limited statutory authority, that doesn’t mean we shouldn’t be asking the questions, especially to the extent that services like broadband are being relied upon so heavily by the medical community. He moved for approval of issuing a Summons. He also noted Ms. Hall’s adjustment to the dollar amount on page four of her Decision Memo where it referred to a broadband tax credit, correcting the amount from $4,169,239 to $1,217,062. There was no further discussion. A vote was taken on the motion and it carried unanimously.

Donovan Walker’s July 6, 2007 Decision Memorandum re: Stoneridge Water Company’s Compliance Filing, Case No. SWS-W-06-01.

Mr. Walker reviewed his Decision Memo. Commissioner Kjellander moved for approval of item 11. A vote was taken on the motion and it carried unanimously.

Commissioner Kjellander stated that the remaining agenda items 12 - 14 under the category of FULLY SUBMITTED MATTERS would be deliberated privately.

Commissioner Smith asked that the minutes reflect the Commission’s appreciation for the extraordinary efforts by Idaho Power’s personnel over the past weekend to get the Midpoint station back on line. She said Idaho Power’s employees went above and beyond the call of duty.

Commissioner Kjellander added that he also appreciated Idaho Power’s promptness in keeping the Commissioners apprised of the situation. He then adjourned the meeting.

DATED this ______ day of July, 2007.

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COMMISSION SECRETARY