20091123min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

November 23, 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 November 9, 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 November 10, 2009 Decision Memorandum re: Cancellation of Certificate No. 462 Issued in Case No. MCC-T-06-01 to My Choice Communications, Inc., dba MCCI ("MCCI").3. Daniel Klein's November 19, 2009 Decision Memorandum re: Formal Complaint of Allen Lake Against Atlanta Power.4. TJ Golo & B Lanspery's November 20, 2009 Decision Memorandum re: Rocky Mountain Power Tariff Advice No. 09-05; Update Schedule 72A.6. Weldon Stutzman's November 16, 2009 Decision Memorandum re: Idaho Power's Application to Make the Fixed Cost Adjustment Permanent, Case No. IPC-E-09-28.
The Commission voted unanimously to accept Staff’s recommendations for items 2, 3, 4 and 6.
Regarding item 5, the Commissioners voted unanimously to move it under the category of Matters in Progress for further discussion.
MATTERS IN PROGRESS:
5. Weldon Stutzman's November 16, 2009 Decision Memorandum re: Idaho Power's Application for an Accounting Order to Amortize Accumulated Deferred Income Tax Credits and Approving a Stipulation, Case No. IPC-E-09-30.
Commissioner Smith asked why the Staff did not recommend modified procedure as requested by the company. Randy Lobb responded that there were allegations during one of the workshops that the settlement process had not been inclusive. He said Staff had invited people to participate based on their participation in past rate cases, but in order to make sure we aren’t excluding anyone, Staff recommended providing an opportunity to intervene and request a hearing. Mr. Lobb stated that Staff is not opposed to modified procedure but given that some parties expressed concern, Staff wanted to give plenty of opportunity for people to weigh in. Commissioner Smith asked about further procedure after the proposed 14-day intervention period, and if the Commission will need to do another notice to request comments. Mr. Lobb replied that Staff will confer with the interested parties to set a comment filing deadline, make sure the parties are satisfied with modified procedure, and establish dates for filing supporting testimony and other comments. Commissioner Smith stated that she wanted everyone to have the opportunity to participate, but she thought that people could let us know in their comments if they think a hearing is necessary.
Commissioner Kempton asked if Idaho Power was in agreement with the use of modified procedure and the intervention period. Mr. Lobb said Staff had talked to Idaho Power about the time frame and all the parties who participated are well aware of the sensitivity of providing the opportunity to be involved in this case.
There was no further discussion and the Commission voted unanimously to issue a Notice of Application and establish a 14-day period for intervention.
7. Don Howell's November 12, 2009 Decision Memorandum re: Application for Approval of a Customer Allocation Agreement Between Raft River and Idaho Power, Case No. C11-E-09-01.
The Commission voted unanimously to accept Staff’s recommendation to process the case by modified procedure and shorten the comment period to 14 days.
The remaining agenda items were under the category FULLY SUBMITTED MATTERS:
8. Deliberation re: BCA Request for Intervenor Funding, Case No. IPC-E-08-22. [No Memo. Kristine Sasser, Attorney.]9. Deliberation re: General Rate Case, Case No. BCS-W-09-02 (Bar Circle "S"). [No Memo. Scott Woodbury, Attorney.]10. Deliberation re: Qwest Corporation's Petition for Approval of Non-Impairment Status for DS3 Loops in Boise Main Wire Center, Case No. QWE-T-09-15. [No Memo. Weldon Stutzman, Attorney.]
Commissioner Kempton stated that the above items 8, 9 and 10 would be deliberated privately.
There was no further business and Commissioner Kempton adjourned the meeting.
DATED this ______ day of November, 2009.

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COMMISSION SECRETARY

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