HomeMy WebLinkAbout20090309min.docIDAHO PUBLIC UTILITIES COMMISSION
MINUTES OF DECISION MEETING
March 9, 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 March 2, 2009. The minutes were approved by vote.
The second order of business was approval of the CONSENT AGENDA, items 2 – 4. There was no discussion. Commissioner Kempton made a motion to approve the items. A vote was taken on the motion and it carried unanimously.
The next order of business was MATTERS IN PROGRESS:
5. Kristine Sasser’s March 4, 2009 Decision Memorandum re: Idaho Power Company’s Application to Modify Its Rule H (Line Extension) Tariff Related to New Service Attachments and Distribution Line Installations, Case No. IPC-E-08-22.
Ms. Sasser provided background information as to why the Building Contractors Association (BCA) was requesting the extension. Commissioner Kempton clarified several points with Ms. Sasser and asked if Idaho Power had any problem with extending the May 1st date. Ms. Sasser confirmed that Idaho Power did not file comments in response to the BCA’s Motion to Extend because it agreed that BCA had stated its position well enough in the motion.
Commissioner Smith commented that when Idaho Power filed this case on October 30th its intent was for the Commission to be able to process the case in time for the Spring construction season. She apologized that it was taking longer than anticipated but it is more important to get it right than to rush it. She said she also had the suspicion that this year’s building season probably won’t be as vigorous as in past years so it hopefully won’t be a problem if it takes another 30 or 60 days. She made a motion to grant the motion and further suspend the May 1st effective date. A vote was taken on the motion and it carried unanimously.
Ms. Sasser asked for clarification on the motion to determine if the Commission was suspending the May 1st effective date for an additional 30 days--until June 1st. Commissioner Smith replied that the date should be set realistically within the statutory time frame, and it shouldn’t be trickled out 30 days at a time.
Lisa Nordstrom, legal counsel for Idaho Power, said her concern, in light of some of the comments that have recently been filed, is that there will be some legal issues that will need to be addressed in this case and at the very least, Idaho Power will need to file reply comments. She stated that if it turns out the Commission runs up against the statutory time period and needs additional time to have adequate procedure to fully vet this case, Idaho Power will waive time.
Commissioner Smith asked if it would make sense to convene a prehearing conference to discuss whether or not there are legal issues and if so the parties could get started on their briefs. She said there is no sense in waiting until April 17th to find there are legal issues that need to be briefed. Ms. Nordstrom replied that was Idaho Power’s position at the prehearing conference; however, the parties weren’t prepared to discuss their legal issues at that time.
Commissioner Smith suggested that the Commission could issue an order requesting that those who believe there are legal issues that need to be briefed should advise the Commission so it can then set a deadline for briefing. Commissioner Smith asked Ms. Sasser to consider whether the Commission needed to do an additional order on the legal issues.
Commissioner Kempton clarified that the motion that had been made was still appropriate.
Commissioner Redford stated that the remaining two items under FULLY SUBMITTED MATTERS would be deliberated privately. He then adjourned the meeting.
DATED this ______ day of March, 2009.
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COMMISSION SECRETARY
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