20090504min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

May 4, 2009 – 2:00 P.M.

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

Commissioner Kempton called the meeting to order. The first order of business was approval of MINUTES FROM PREVIOUS MEETINGS on April 20th and April 27th, 2009. The minutes were approved by vote.

The second order of business was approval of the CONSENT AGENDA. Commissioner Kempton announced that item 2 on the Consent Agenda would be moved to Matters in Progress.

3. Bryan Lanspery’s April 30, 2009 Decision Memorandum re: Idaho Power Company Tariff Advice No. 09-02; Modification to Schedule 40.

There was no discussion on this item and the Commission voted unanimously to accept Idaho Power’s proposed modifications to Schedule 40, Unmetered General Service.

4. Carolee Hall’s April 30, 2009 Decision Memorandum re: Application for Approval of Amendment to the Interconnection Agreement Between Qwest and Eltopia, Case No. QWE-T-08-06.

There was no discussion on this item and the Commission voted unanimously to accept and approve the amendment to the Interconnection Agreement.

5. Carolee Hall’s April 30, 2009 Decision Memorandum re: Potlatch Telephone Company (“Potlatch”) Tariff Filing to Amend Its Requirements for Its 3 Star Calling Packages, Tariff Advice 09-01P.

There was no discussion on this item and the Commission voted unanimously to approve the tariff filing.

6. Grace Seaman’s May 1, 2009 Decision Memorandum re: Qwest’s Application to Amend an Interconnection Agreement, Case No. QWE-T-06-24.

There was no discussion and the Commission voted unanimously to approve the application.

7. Grace Seaman’s May 1, 2009 Decision Memorandum re: Withdrawal of Certificate No. 410 Issued to Tel West Communications, LLC, Case No. GNR-T-01-18.

There was no discussion and the Commission voted unanimously to approve the withdrawal of the certificate.

8. Neil Price’s May 1, 2009 Decision Memorandum re: Idaho Power Company’s Application Seeking Authority to Implement a Commercial Air Conditioner Cycling Pilot Program, Case No. IPC-E-09-12.

There was no discussion and the Commission voted unanimously to process the application by modified procedure.

MATTERS IN PROGRESS:

2. B. Barker and D. Klein’s April 30, 2009 Decision Memorandum re: Interpretation of Rules 201 and 202, Telephone Customer Relations Rules (TCRR).

Mr. Klein reviewed the Decision Memo. He noted that the customer had delivered a letter to the Commission that morning regarding the issue of transaction date timing for automatic bill payments. He said the customer believes Rule 202 requires charges to be applied 15 days after the bill date, rather than Qwest’s current practice of charging the card several days after the bill date. Mr. Klein stated that Staff does not believe Rule 202 addresses the timing of automatic payment transactions.

Commissioner Kempton opened discussion and asked Staff for its perspective as to whether the Commission should open a case for a full review of rules or just consider Rules 201 and 202. Beverly Barker, Consumer Section Supervisor, replied that Staff recommends not just addressing Rules 201 and 202 separately, but rather looking at all of the rules to see if they are still relevant, whether they need amendments, and also in light of comments from companies as to the issue of interpretation.

Commissioner Kempton noted that the interpretation of Rule 201 seems clear but he questioned if we would have to have a rule review and language inserted in order to answer the customer’s question regarding Rule 202. Ms. Barker replied that after the Decision Memo was written, the customer came back with a slightly different position than he had expressed before and so has now raised the question as to how we would interpret Rule 202.

Commissioner Smith stated it has been about 16 years since the Commission has formulated these rules. She said Staff is correct that when the rules were formulated 16 years ago only paper bills were contemplated because people didn’t pay their bills any other way. She said we are in an area that isn’t addressed by the rules, and credit card, debit card or electronic payments were not contemplated when the rules were originally made, so it would be a good idea to open up a generic docket on our own motion to look for all the updates needed. She said it is legitimate for customers to point out to us that our rules don’t address the situation they find themselves in, so we should take care of that, and in the meantime, if we decide to open a rulemaking, we should grant a temporary exemption to Qwest or any other company that needs one while we figure out exactly what should be the rules for people who choose to pay by debit or credit cards or electronic funds transfers.

Commissioner Redford asked, referring to Attachment B of the Decision Memo, if the matter would have been resolved to the customer’s satisfaction if the bill had simply stated the total amount that would be charged to the credit card on such and such a date, which would have been 15 days from the date of the invoice. He said it seemed to him there are a lot of issues that aren’t that supreme. Ms. Barker replied that if the due date and the transaction date were one and the same that would have resolved the customer’s concerns. Commissioner Redford said he agreed with Commissioner Smith that we should go ahead and get the rules cleared up.

Don Howell, Chief Deputy Attorney General, said currently we are under a rules moratorium but it does not apply to negotiated rulemaking. He stated that with a set of rules like these that haven’t undergone extensive review in the past, it may be more efficient for Staff to review the rules and determine which ones need to be amended to reflect current practices. He said we can then send those out with a negotiated rulemaking and have a negotiated rulemaking workshop to determine if we can reach consensus on the changes.

Commissioner Kempton asked if the Commission can do so under its own motion, and Mr. Howell replied that the Commission can at any time initiate a negotiated rulemaking docket under the APA, but he wasn’t sure the Commission needs to initiate a case via modified procedure if the Commission decides to do a negotiated rulemaking. He said as Commissioner Smith mentioned, we could just go ahead and grant Qwest a waiver and then review this issue in addition to reviewing all the other rules. Commissioner Kempton asked for a motion regarding the two options.

Commissioner Smith moved that the Commission on its own motion undertake a negotiated rulemaking to update the Telephone Customer Relations Rules, and during the process of our rulemaking, the Commission grant a temporary exemption to Qwest and any other utility that might require one while the Commission decides what our permanent rules should be, especially for customer options for paying through credit or debit cards or electronic funds transfers. Commissioner Redford seconded the motion and it was approved unanimously.

Commissioner Kempton noted that the question of processing the matter by modified procedure was no longer applicable. For clarification, the Commission voted unanimously that the motion also include Staff’s recommendation that the issues raised regarding inclusion of transaction dates on bills and the timing of automatic payment transactions be addressed within the context of a rulemaking proceeding.

The last order of business was FULLY SUBMITTED MATTERS:

9. Deliberation re: Idaho Power’s Application for an Order Authorizing the Retirement of Its Green Tags, Case No IPC-E-08-24. [No Memo. Kristine Sasser, Attorney.]

Commissioner Kempton stated this item would be deliberated privately. He then adjourned the meeting.

DATED this ______ day of May, 2009.

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COMMISSION SECRETARY

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