20090713min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

July 13, 2009 – 1:30 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 MEETING on July 6, 2009. A vote was taken to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:

2. Kristine Sasser's July 8, 2009 Decision Memorandum re: United Water Idaho’s Application for Authority to Increase Its Rates and Charges, Case No. UWI-W-09-01.

The Commission voted unanimously to accept Staff’s recommendation to waive the requirement of IPUC Rule of Procedure 121(e) for a cost of service study for United Water’s general rate case with the condition that there will be no change to the current rate design including the current 25% seasonal differential.
3. Scott Woodbury’s July 10, 2009 Decision Memorandum re: Schedules 91/191 Energy Efficiency Tariff Riders, Case Nos. AVU-E-09-06 and AVU-G-09-04 (Avista).

Mr. Woodbury reviewed his Decision Memo. He clarified that Staff recommended processing the gas efficiency rider case by modified procedure and suspending the effective date to allow Staff to do its adjustment, but allow the electric efficiency rider to go into effect ahead of time. Commissioner Smith made a motion that the electric surcharge for the energy efficiency rider be allowed to go into effect on August 1st, at the same time the residential exchange credit goes into effect and the adjustments from the rate case also go into effect; and that the case be set for comment. She noted that the balancing account can always be adjusted if the Commission’s audit finds anything that shouldn’t be there, and she stated that it is important to start to reduce the account balance and to have all three changes effective on August 1st. She added to the motion that the gas surcharge be processed by modified procedure. A vote was taken on the motion and it passed unanimously.
4. T.J. Golo/D. Howell’s July 9, 2009 Decision Memorandum re: Avista’s Request for Electric Service Residential and Small Farm Energy Rate Adjustment Credit, Tariff Advice No. 28.

The Commission voted unanimously to approve Avista’s proposed new tariff rate of 0.289¢/kWh as a pass-through revision to its Tariff Schedule 59 – Residential and Small Farm Energy Rate Adjustment Credit, with an effective date of August 1, 2009.

RULEMAKING:

5. Don Howell’s July 9, 2009 Decision Memorandum re: Staff Recommendations to Amend the Commission’s Utility Customer Relations Rules (31.21.01) and to Repeal the Commission’s Utility Customer Information Rules (31.21.02), Docket No. 31-2101-0901.

The Commission voted unanimously to accept Staff’s recommendations to move Rules 101, 103 and 104 from the Customer Information Rules (31.21.02) to the Customer Relations Rules (31.21.01); to issue a Notice of Proposed Rulemaking regarding the transfer of the three rules; to issue a Notice proposing to repeal the Utility Customer Information Rules; and to have the Notices published in the next APA Bulletin.

6. Don Howell’s July 9, 2009 Decision Memorandum re: Updating the Commission’s Safety and Accident Reporting Rules, Docket No. 31-1101-0901.

Commissioner Smith asked why the proposed change to require damage reporting is necessary, and Mr. Howell replied that there could be instances where the Commission would want to know about damages, such as fires involving transmission lines or blown transformers. He said there is currently no reporting required for major damages. Commissioner Smith stated that it seemed the proposed change would add a burden on utilities and she didn’t see what the benefit would be to the Commission, although the Commission could ask for comments on the proposed change. Commissioner Smith made a motion to update Safety Rules 201, 202 and 203 by adoption of the 2009 International Mechanical Code, the International Fuel Gas Code and the 2009 CFRs pertaining to pipeline safety; make the housekeeping changes proposed by Staff; and issue a Notice of Proposed Rulemaking for inclusion in the next Administrative Bulletin that includes the change to the accident reporting rule as proposed by Staff with the amendment of the title on 301.01 to say “Fatality and Hospitalization.”

Commissioner Redford commented on the proposed amount for property damage reporting and questioned the need for making the change. He suggested removing the property damage reporting requirement. Mr. Howell explained that following the comment period the Commission could review the comments and make the ultimate decision to continue to propose the change or remove it. There was no further discussion. A vote was taken on the motion and it carried unanimously.

Commissioner Kempton announced that the remaining agenda items 7-11 under FULLY SUBMITTED MATTERS would be deliberated privately.

There was no further business before the Commission and Commissioner Kempton adjourned the meeting.

DATED this ______ day of July, 2009.

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COMMISSION SECRETARY

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