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HomeMy WebLinkAbout20080527min.docIDAHO PUBLIC UTILITIES COMMISSION MINUTES OF DECISION MEETING May 27, 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 MEETINGS on May 12th and May 19th, 2008. The minutes were approved by vote. The second order of business was approval of the CONSENT AGENDA, items 2 - 4. Regarding item 3, Commissioner Smith asked if the company had been notified of staff’s recommendation not to include the reduction of the customer incentive amount for programmable thermostats in this tariff filing. Randy Lobb replied that he spoke with Ted Weston of Rocky Mountain Power who had explained the company had failed to file the tariff regarding incentives for programmable thermostats with the DSM tariff rider case so they had tried to insert it with this tariff filing. Mr. Lobb said the company had no problem with the staff taking it out and approving the rest of the changes. Commissioner Smith made a motion to approve staff’s recommendations for items 2, 3 and 4. A vote was taken on the motion and it carried unanimously. The next order of business was MATTERS IN PROGRESS: 5. Kristine Sasser’s May 22, 2008 Decision Memorandum re: Application of Intermountain Gas for Authority to Cancel Its Existing T-1 and T-2 Transportation Tariffs and Implement a T-5 Tariff, Case No. INT-G-08-01. Ms. Sasser reviewed her Decision Memo. Commissioner Redford asked about the suspension time period and Ms. Sasser replied that staff recommended 30 days plus five months, but staff will process the case as quickly as possible. She said staff needs time to get answers to several questions before it can be pinned down to a timeframe. A vote was taken to approve staffs’ recommendations and it carried unanimously. 6. Neil Price’s May 22, 2008 Decision Memorandum re: Application of Bandwidth.com CLEC, LLC for a Certificate of Public Convenience and Necessity, Case No. BND-T-07-01. Mr. Woodbury reviewed the Decision Memo. Commissioner Redford asked why staff was recommending that the escrow account requirement be waived. Mr. Woodbury replied that it is the Commission’s usual practice to waive it if the company does not intend to collect deposits. Commissioner Smith added that if the company is collecting customers’ money up front, then it needs to be secured somehow, but if nothing is collected up front, then there is no requirement for it. A vote was taken to approve the application and waive the escrow requirements and it carried unanimously. 7. Scott Woodbury’s May 22, 2008 Decision Memorandum re: Certificate Application and Request for Approval of Rates, Charges, Rules and Regulations, Case No. TTS-W-08-01 (Teton Springs). Mr. Woodbury reviewed his Decision Memo. He explained that the company already has a large customer base because it had initially taken steps to develop a water district. Commissioner Smith asked for clarification on what the company is now charging and if the Commission has ever allowed a company to charge for inactive lots. Mr. Woodbury said the question has come up before and staff will be taking a look at that request. Commissioner Kempton asked about formal intervention and Mr. Woodbury replied that staff expects the homeowners association to intervene. Commissioner Kempton asked about the company’s attempt to form a water district, and Mr. Woodbury replied that the PUC would not have had jurisdiction if the company had formed a water district. Joe Miller, legal counsel for the developer, explained that with respect to attempted formation of the water and sewer district, it required a vote by the people who would become members of the water and sewer district, and that vote failed, perhaps because of the proposed governance of the district. He said during that time, the company was in touch with the commission staff and then when the effort to establish the water and sewer district failed, it became apparent the company would need to organize as a public utility. Commissioner Redford made a motion to accept staff’s recommendations. A vote was taken on the motion and it carried unanimously. 8. Scott Woodbury’s May 20, 2008 Decision Memorandum re: General Rate Case and Request for Emergency Surcharge, Case No. ATL-E-08-02 (Atlanta Power). Mr. Woodbury reviewed his Decision Memo. Commissioner Redford asked when Atlanta Power’s first payment was due and why staff did not recommend granting the surcharge pending full review of the application. Mr. Woodbury said he had discussed this question with staff and he was not certain staff will be agreeing to the company’s recommendation with respect to the surcharge. He said staff needed time to file a formal recommendation with the Commission. Mr. Lobb added that staff has requested a comment deadline for the surcharge of June 5th, which is about eight working days, so they are trying to expedite the matter, and because it was past the June 1st effective date, they are requesting the suspension, but it is a short time frame. Mr. Lobb said the 30 days plus 5 months suspension is primarily for the general rate case part of the filing, and staff believes it can comment on the surcharge in a much shorter time frame. Commissioner Redford stated the Commission has been following Atlanta Power’s difficulties over the last few years, and as a small company, the owners are getting out on a limb financially in order to preserve the integrity of the system. He said he hoped staff could get it wrapped up as soon as possible to give the company some relief. He made a motion to approve staff’s recommendations and it carried unanimously. Commissioner Redford stated that items 9 - 11 under FULLY SUBMITTED MATTERS would be deliberated privately. He then adjourned the meeting. DATED this ______ day of May, 2008. ____________________________________ COMMISSION SECRETARY 3