20090120min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

January 20, 2009 – 1:30 P.M.

In attendance were Commissioners Mack Redford, Marsha Smith and Jim Kempton.

The first order of business was approval of MINUTES FROM PREVIOUS MEETING on January 12, 2009. The minutes were approved by vote.

The next order of business was the CONSENT AGENDA. Commissioner Redford stated that items 2 and 3 would be held until the next Decision Meeting.

Regarding item 4, a vote was taken to approve Staff’s recommendation and it carried unanimously.

Regarding item 5, Commissioner Kempton noted that this item lacked a question, so he suggested the question before the Commission was whether the Commission accepts Idaho Power’s application for a temporary amendment to its electric service agreement with Micron Technologies, Inc. as requested in Case No. IPC-E-09-01. He moved that the Commission agree with that question. A vote was taken on the motion and it carried unanimously.

Regarding item 6, Commissioner Smith asked about the need for the proposed lengthy comment period and expressed concern that the case needed to be completed by the time the construction season begins. Ms. Sasser replied that part of the reason for such a lengthy comment period is to give all parties an opportunity to ask any potential questions they might have and allow enough time for Staff to have two rounds of discovery.

Commissioner Kempton said he had the same question and clarified that Staff is proposing to suspend the March 1st effective date for a period of 60 days beyond March 1st in order to accommodate the time frame. He asked if the parties had agreed to the proposed time frame for processing the case. Ms. Sasser replied that the parties who were present at the meeting had agreed.

Commissioner Redford confirmed that there were no representatives of the Building Contractors Association present at the initial meeting. Ms. Sasser replied that she had contacted their attorney of record, Jason Risch, who confirmed they were aware that the meeting had taken place. Commissioner Redford asked if the Building Contractors intended to formally withdraw from the case. Ms. Sasser stated that they had not filed a formal withdrawal from the case, and she had informed Mr. Risch of this agenda item and that the parties would be moving forward with the case.

There was no further discussion and the Commission then voted unanimously to issue a Notice of Modified Procedure setting a March 20, 2009, comment deadline, to adopt the schedule as agreed by the parties, and to suspend the proposed effective date of March 1, 2009, for a period of 60 days pursuant to Idaho Code § 61-622.

Commissioner Smith commented that the people who will be rushed will be the three commissioners if it is only suspended 61 days. Commissioner Kempton asked if there is an option to adjust the time frame at a later date because he agreed the Commission would be rushed. Mr. Howell replied that under the statute the Commission certainly has a right to go 30 days plus 5 months. He said it wasn’t Staff’s intent to crowd the Commission’s time to decide but Staff didn’t want to give the impression that it was suspending for more time than was necessary. Commissioner Smith said she just wanted Staff to be aware that it could get pushed out further. Ms. Sasser added that part of Staff’s intent was to meet the construction season timeline. Commissioner Redford asked Ms. Sasser to contact Mr. Risch again to update him.

Commissioner Redford stated that the only other item on the agenda under the category of FULLY SUBMITTED MATTERS would be deliberated privately. He then adjourned the meeting.

DATED this ______ day of January, 2009.

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COMMISSION SECRETARY