20090914min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

September 14, 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 August 31, 2009. A vote was taken to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Carolee Hall's September 3, 2009 Decision Memorandum re: Application of Red-Ban Communications, LLC to Amend Certificate No. 452 to Reflect Its Name Change to Red-Ban Communications, LLC dba NextPhone, Case No. RDB-T-05-01.3. Daniel Klein's September 10, 2009 Decision Memorandum re: Idaho Power Tariff Advice No. 09-05 - Updating Tariff Sheet Nos. G-1 and G-2 to Comply with Changes to IDAPA 31.21.01 Utility Customer Relations Rules 203.03 and 204.02.4. Kris Sasser/Weldon Stutzman's September 9, 2009 Decision Memorandum re: United Water Idaho Inc.'s Application to Increase Its Basic Rates and Charges, Case No. UWI-W-09-01.5. Neil Price's September 11, 2009 Decision Memorandum re: Proposed Abandonment of a 6.23 Mile Section of BNSF Railway Company's Rail Line, Case No. BNR-R-09-01.
The Commission voted unanimously to approve Staff’s recommendations for the above Consent Agenda items 2 – 5.
MATTERS IN PROGRESS:
6. Kathy Stockton/Keith Hessing's September 11, 2009 Decision Memorandum re: Avista Utilities PCA, Case No. AVU-E-09-07.
Keith Hessing reviewed the Decision Memo. There was no discussion and the Commission voted unanimously to approve the June 30, 2009 PCA deferral balance of $10,761,381 for recovery from Idaho customers and to approve the continuation of the current PCA rate.7. Nancy Hylton's September 10, 2009 Decision Memorandum re: Formal Complaint of Robert Bruno dba Brunobuilt Homes.
Beverly Barker reviewed the Decision Memo. Commissioner Smith asked if Staff had reached any conclusion regarding the complaint. Ms. Barker replied that Staff had recommended Idaho Power waive the charge, but the company did not agree with the recommendation.
Commissioner Redford stated that it is the responsibility of the builder to inform himself of the new rules, and the facts indicate there were problems with the installation. He said the amount in dispute is de minimis and the complaint should be dismissed.
Commissioner Kempton asked if new policies were involved. Ms. Barker said the information that Staff received from the company was unclear as to whether it had consistently enforced the current requirements, and it was unclear as to whether or not those requirements had been adequately communicated to Mr. Bruno or other builders.
Commissioner Kempton said he was concerned with the consistency of the application of policy. He said it would be worthwhile to have a look at how Idaho Power is implementing this rather routine policy and if the company is being fair to everyone.
Commissioner Smith suggested the Commission conduct an inquiry on its own motion as opposed to a complaint proceeding to have the company demonstrate how it implements this part of its tariff. She said a complaint deals with just one person’s disagreement, but if the Commission is concerned about the uniform application of the tariffs and rules, it should conduct an inquiry. She said she is also concerned that the company disagrees with the Staff’s conclusion, so the Commission needs to take a look at it.
Commissioner Redford stated that the homebuilder should have been aware of the requirements, and the Commission does not know the angle of the piping. He said it appeared to be a lot to do about nothing. He made a motion to dismiss the complaint. A vote was taken on the motion and it failed.
Commissioner Kempton made a motion to accept the formal complaint. The motion passed on a two to one vote, with Commissioner Redford dissenting.
Commissioner Smith made a motion that instead of issuing a summons, the Commission conduct an inquiry so it gets more information, other than what happened in just this one incident, and a report from Idaho Power as to how it implements this part of the tariff and how uniformly it is applying the requirements in the tariff. A vote was taken on the motion and it carried unanimously.
The two remaining items on the agenda were under the category FULLY SUBMITTED MATTERS and Commissioner Kempton stated they would be deliberated privately.
There was no further business and Commissioner Kempton adjourned the meeting.

DATED this ______ day of September, 2009.

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COMMISSION SECRETARY

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