20091005min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

October 5, 2009 – 1:30 P.M.

In attendance were Commissioners Jim Kempton and Marsha Smith. Commissioner Mack Redford was absent and excused.

Commissioner Kempton called the meeting to order. The first order of business was approval of MINUTES FROM PREVIOUS MEETING on September 28, 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 29, 2009 Decision Memorandum re: Application of Clear Voice Telecom, Inc. to Amend Certificate No. 455 to Reflect Its Name Change from Extreme Media Technologies, Inc., to Clear Voice Telecom, Inc., Case No. EXT-T-05-01.3. Kristine Sasser's October 1, 2009 Decision Memorandum re: Falls Water Company's Application to Increase Its Basic Rates and Charges, Case No. FLS-W-09-01.4. Neil Price's October 2, 2009 Decision Memorandum re: Avista's 2009 Electric Integrated Resource Plan (IRP), Case No. AVU-E-09-09.5. Scott Woodbury's October 2, 2009 Decision Memorandum re: Firm Energy Sales Agreement -- Idaho Winds LLC, Case No. IPC-E-09-25 (Idaho Power).6. TJ Golo's September 28, 2009 Decision Memorandum re: Idaho Power Company Tariff Advice No. 09-10 Adding City of Hollister Franchise Fee.

The Commission voted unanimously to accept Staff’s recommendations for each of the above items 2 – 6.
The next order of business was MATTERS IN PROGRESS:
7. Review of Avoided Cost Methodology – Discussion Re: Further Scheduling, Case No. GNR-E-09-03. [No Memo. Scott Woodbury, Attorney.]
Mr. Woodbury reviewed a scheduling/procedural issue with the Commission regarding a late filing by Idaho Forest Group and recommended the Commission accept Idaho Forest Group’s filing. He also said that Exergy Development Group had filed reply comments and Idaho Power had requested the opportunity to file surreply Comments. He said Staff recommended the Commission accept Exergy’s filing and establish a surreply comment deadline of October 16, 2009. There was no discussion and Commissioner Smith made a motion to accept Staff’s recommendations. A vote was taken on the motion and it carried unanimously.
The next order of business was RULEMAKING:
8. Don Howell's September 30, 2009 Decision Memorandum re: Updating the Commission's Safety and Accident Reporting Rules, Docket No. 31-1101-0901.
Mr. Howell reviewed his Decision Memo. He advised that because there had been previous discussion regarding the proposal to require reporting of property damage in excess of $200,000, the Commission could hold the item, as long as it takes action before November 4th.
Regarding the first proposed change to the Rules itemized in Mr. Howell’s Decision Memo, the Commission voted unanimously to update its Safety and Accident Reporting Rules by adopting the 2009 Editions to the federal pipeline safety regulations, the International Fuel Gas Code, and the International Mechanical Code.
Commissioner Kempton asked for a vote regarding the second proposed change, which would require utilities to report property damage in excess of $200,000. Commissioner Kempton voted in the affirmative, and Commissioner Smith voted against the proposed change. She said she didn’t think it was necessary to include this new requirement. Given the divergence of opinion, Commissioner Kempton stated the Commission would hold item 8 until the next Decision Meeting when all three commissioners are present.
The remaining items 9 - 13 were under the category of FULLY SUBMITTED MATTERS:
9. Deliberation re: Eagle Water Company's Request to Implement a Surcharge, Case No. EAG-W-09-01. [No Memo. Don Howell, Attorney.]10. Deliberation re: Everett Jameson Complaint Against Idaho Power Company, Case No. IPC-E-09-23. [No Memo. Don Howell, Attorney.]
Commissioner Kempton stated agenda items 9 and 10 would be privately deliberated when all three commissioners are present.11. Deliberation re: Firm Energy Sales Agreement -- Camp Reed Wind Park LLC, Case No. IPC-E-09-18 (Idaho Power). [No Memo. Scott Woodbury, Attorney.]12. Deliberation re: Firm Energy Sales Agreement -- Payne's Ferry Wind Park LLC, Case No. IPC-E-09-20 (Idaho Power). [No Memo. Scott Woodbury, Attorney.]13. Deliberation re: Firm Energy Sales Agreement with Yahoo Creek Wind Park LLC, Case No. IPC-E-09-19 (Idaho Power). [No Memo. Scott Woodbury, Attorney.]
Commissioner Kempton stated items 11 – 13 would be deliberated privately following the meeting.
There was no further business and Commissioner Kempton adjourned the meeting.
DATED this ______ day of October, 2009.

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COMMISSION SECRETARY

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