HomeMy WebLinkAbout20080415min.docIDAHO PUBLIC UTILITIES COMMISSION
MINUTES OF DECISION MEETING
April 15, 2008 – 1:30 P.M.
In attendance were Commissioners Mack Redford, Marsha Smith and Jim Kempton.
Commissioner Redford called the meeting to order. The first order of business was approval of MINUTES FROM PREVIOUS MEETING on April 7, 2008. The minutes were approved by vote.
The second order of business was approval of the CONSENT AGENDA, items 2 - 4. There was no discussion and Commissioner Kempton made a motion to approve the Consent Agenda items. A vote was taken on the motion and it carried unanimously.
The next order of business was MATTERS IN PROGRESS:
5. Curtis Thaden’s April 11, 2008 Decision Memorandum re: Formal Complaint of McKay Construction Seeking Reversal of United Water Idaho Inc. Decision to Not Add Additional Contractors to Approved Contractor List.
6. Curtis Thaden’s April 11, 2008 Decision Memorandum re: Formal Complaint of Schmidt Construction Seeking Reversal of United Water Idaho Inc. Decision to Not Add Additional Contractors to Approved Contractor List.
Mr. Thaden reviewed the issues regarding the two similar complaints. Commissioner Redford stated his concern that these were civil issues outside of the Commission’s jurisdiction and he questioned if the Commission has the authority to get involved.
Mr. Stutzman responded that the Commission’s authority is contained in an order outlining the terms of the program and in the tariff that the company filed and the Commission approved.
Commissioner Smith said she had some of the same questions as Commissioner Redford, but on the other hand, she also believed there are advantages to having a longer list and she didn’t see why the company is opposed to having a few more people on the list.
Commissioner Kempton commented that it seemed to him that in this particular case, it has already been decided the Commission has authority because we have a tariff and an order from the Commission. He said if there is no restrictive language in the tariff, then we have a clear violation of the provisions of the tariff. He said he can’t doubt the veracity and the good intent of the original order.
Commissioner Smith asked United Water Company’s legal counsel, Joe Miller, why the company decided to impose the limit on the number of contractors. Mr. Miller replied that up until now, the company had viewed the matter as an informal process that didn’t involve legal counsel, so he hadn’t really been involved in any discussions and wasn’t capable of answering Commissioner Smith’s question. He said the company will respond fully to the Summons.
Commissioner Redford reiterated that he thought the matter is between United Water and its contractors and is similar to any other procurement matter.
Mr. Lobb said he spoke with the company and it believes it has valid reasons for limiting the list to 10 contractors at this time. He said the company is interested in responding to a Summons and explaining to the Commission the company’s position. He stated that Staff believes a Summons is the way to go on these complaints so the Company can reply and the Commission can then determine if more proceedings are necessary.
Commissioner Smith made a motion to issue a Summons directing the company to respond to the complaints of McKay Construction and Schmidt Construction, knowing the Commission always has the ability to investigate whether or not it has jurisdiction.
There was discussion about combining the two complaints and it was determined the two complaints should be combined into one case.
Ms. Barker clarified a few points about the program and noted that the approved contractor list involves certain prequalification criteria that United Water has set. She stated that this particular program does not require United Water to use a particular contractor, but it is a list from which developers can choose their own contractor.
Mr. Miller said United Water is prepared to address the questions raised.
There was no further discussion. A vote was taken on the motion and it carried unanimously.
7. Grace Seaman’s April 11, 2008 Decision Memorandum re: 2007 Idaho Telephone Service Assistance Program Annual Report, Case No. GNR-T-08-02.
Ms. Seaman reviewed her Decision Memo. Commissioner Kempton made a motion to accept the annual report, adopt the Administrator’s budget for 2008, and maintain the surcharge of $0.06 per line as adopted in Order No. 30289.
There were no other items on the agenda and Commissioner Redford adjourned the meeting.
DATED this ______ day of April, 2008.
____________________________________
COMMISSION SECRETARY
1