HomeMy WebLinkAbout20080728min.docIDAHO PUBLIC UTILITIES COMMISSION
MINUTES OF DECISION MEETING
July 28, 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 July 15, 2008. The minutes were approved by vote.
The second order of business was approval of the CONSENT AGENDA. Commissioner Redford commented that the Consent Agenda items would be considered individually, departing from the Consent Agenda format. He reminded staff about the need to construct questions so that the items can be approved all at once, avoiding multi-part and compound questions.
Commissioner Smith noted that items 7, 8 and 9 should be moved under the category of Fully Submitted Matters and suggested that the Commission provide some additional instructions or information to the lawyers on how to sort out what really belongs on the Consent Agenda.
2. Carolee Halls’ July 16, 2008 Decision Memorandum re: Application for Approval of Amendment to the Interconnection Agreement Between Qwest and 360Networks, Case No. QWE-T-06-02.
There was no discussion on this item. Commissioner Smith made a motion to approve staff’s recommendation. A vote was taken on the motion and it carried unanimously.
3. Don Howell’s July 24, 2008 Decision Memorandum re: Application of Eagle Water to Recover Its Costs in Preparing the Commission Ordered Engineering Report, Case No. EAG-W-07-01.
Commissioner Redford commented on the language “anything else” in question 3 under “Commission Decision.” Mr. Howell replied that question 3 could be deleted and in substance, the Commission was being asked to consider questions 1 and 2. A vote was taken to process the Company’s request via Modified Procedure and adopt the parties’ proposal that the Staff file its comments shortly after the issuance of the Commission’s Notice. Commissioner Redford questioned staff about the procedure for filing its comments and noted that staff could file its comments at any time as long as it’s not past the deadline, so the question before the commission did not really need to be there.
4. Grace Seaman’s July 15, 2008 Decision Memorandum re: Rocky Mountain Power’s Tariff Advice Adding City of Spencer Franchise Fee; Tariff Advice No. 08-04.
There was no discussion and a vote was taken to accept the tariff advice for filing.
5. TJ Golo’s July 25, 2008 Decision Memorandum re: Proposed Modification to Performance Standards and Customer Guarantees, Case No. PAC-E-05-08.
There was no discussion on this item and the Commission voted to approve the three proposed modifications to Rocky Mountain’s Network Performance Standards.
6. Terri Carlock’s July 24, 2008 Decision Memorandum re: PacifiCorp’s Pollution Control Revenue Bonds Authority Request, Case No. PAC-E-08-05.
Commissioner Redford asked what happens if senior secured debt is not maintained at investment grade. Ms. Carlock replied that the Company will file the credit reports with the Commission and it will have a certain amount of time to then either bring up their credit rating or get alternate forms of financing and assure the Commission that the financing is still reasonable under the new conditions. Ms. Carlock explained that the refunding bonds are going to be issued but whether the new bonds will be issued will depend on the market. Commissioner Redford asked that the order outline to PacifiCorp what will happen to the bonds that are already issued and the bonds that are yet to be issued if the investment grade drops. Ms. Carlock stated the process was agreed to by the Company before in a prior order and she would pull that section and add it to this order. Commissioner Smith made a motion to accept the issuance of the bonds. A vote was taken on the motion and it carried unanimously.
10. Weldon Stutzman’s July 21, 2008 Decision Memorandum re: Qwest’s Motion for Additional Time to Answer Staff Motion to Extend Comment Period, Case No. QWE-T-08-04.
There was no discussion on this item. A vote was taken to approve the motion and it carried unanimously.
MATTERS IN PROGRESS:
11. Don Howell’s July 24, 2008 Decision Memorandum re: Abandonment of Union Pacific Railroad’s Coeur d’Alene Industrial Lead in Kootenai County (STB Docket No. AB-33 (Sub No. 272X), Case No. UPR-R-08-01.
Mr. Howell reviewed his Decision Memo. Commissioner Smith stated a hearing should be scheduled in the quickest, most economical way possible. Mr. Howell stated that in the past the Commission has introduced the testimony of at least one staff witness in order to meet the three statutory factors, and any kind of hearing will accommodate that. Commissioner Kempton asked about procedure and advised using a hearing officer and telephonic communication as the most cost effective method. All Commissioners were in agreement.
12. Application of Mayfield Springs Water Company, Inc. for a Certificate of Public Convenience and Necessity. [No Memo. Don Howell, Attorney.]
Mr. Howell stated that when this case was started in February the parties anticipated the processing of the case would be completed by August 1st. He said that Staff now recommended the proposed effective date be suspended for 30 days to allow additional time to review the matter. Commissioner Smith made a motion to suspend the tariff for 30 days and that Staff bring the matter back before the Commission as quickly as possible. A vote was taken on the motion and it carried unanimously.
13. Don Howell’s July 24, 2008 Decision Memorandum re: Adopting the New Federal Safety Rules Regarding the Transportation of Hazardous Materials by Rail, IDAPA Docket No. 31-7103-0801.
There was no discussion on this item and the Commission voted to approve it.
The only other items on the agenda--items 7, 8, 9, 14, 15, and 16--were under the category of FULLY SUBMITTED MATTERS and Commissioner Redford stated those items would be deliberated privately. He then adjourned the meeting.
DATED this ______ day of July, 2008.
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COMMISSION SECRETARY
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