20100203min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

February 3, 2010 – 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 January 25, 2010. A vote was taken to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Grace Seaman's February 1, 2010 Decision Memorandum re: Fremont's Compliance Tariff Filing to Increase Local Residential Telephone Service Rate.3. Grace Seaman's February 2, 2010 Decision Memorandum re: Rural Telephone Company's Compliance Tariff Filing to Increase Residential Rates, Advice Letter 10-01.4. Grace Seaman's January 29, 2010 Decision Memorandum re: Verizon's 2008 Broadband Equipment Tax Credit Application, Case No. VZN-T-10-01.5. Keith Hessing's January 29, 2010 Decision Memorandum re: Letter Agreement Between Idaho Power Company and Hoku Materials, Inc.6. Kristine Sasser's January 29, 2010 Decision Memorandum re: Millennium Networks, LLC Application for a Certificate of Public Convenience and Necessity, Case No. MNL-T-09-01.7. Weldon Stutzman's January 29, 2010 Decision Memorandum re: Idaho Power Company's Application for Approval of Stipulation Regarding Prudency Determination of Energy Efficiency Rider Funds Spent During 2002-2007, Case No. IPC-E-09-09.8. Weldon Stutzman's January 27, 2010 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, 5, 6, and 8.
Regarding item 7, Commissioner Kempton verified Staff was recommending a 21-day comment period. The Commission then voted unanimously to accept Staff’s recommendations to issue, in a single document, a Notice of Application, Notice of Motion to Approve Stipulation, and Notice of Modified Procedure to process the Company’s Application with a 21-day comment period.
The next order of business was MATTERS IN PROGRESS:
9. Neil Price's January 29, 2010 Decision Memorandum re: Avista's Request for a 90-Day Extension of the Commission-Approved Waiver IDAPA 31.21.01.311.03 and 311.04 (Utility Customer Relations Rules) for Its Remote Disconnect and Reconnect Pilot Program, Case No. AVU-E-07-09.
Mr. Price reviewed his Decision Memo. He said he was not aware of any outstanding complaints regarding the program and Staff recommended the Commission approve this previously granted waiver, at least until the Commission has had time to review the report.
The Commission voted unanimously to approve Avista’s request for a 90-day extension of the Commission-approved waiver of UCRR Rules 311.04 and 311.05 while the company prepares a detailed report documenting the results of its Remote Disconnect and Reconnect Pilot Program.10. Weldon Stutzman/Kris Sasser's January 29, 2010 Decision Memorandum re: United Water Idaho's Application for Authority to Increase Its Rates and Charges, Settlement Stipulation, Case No. UWI-W-09-01.
Ms. Sasser reviewed the Decision Memo. Commissioner Smith noted scheduling conflicts with the Staff’s proposed public hearing date. She suggested the Commission hold a hearing on February 22, 2010, when all three commissioners will be available, and also set the comment deadline for that date. She suggested that the Commission not shorten the process unnecessarily because it is a huge increase for the customers and they should have every opportunity to hear about it and give their views. She added that the Commission won’t know if anyone is going to request a hearing until the comments are received, and therefore the Commission should not vacate the technical hearing date until after the comment deadline. Commissioner Smith said she understands the Company wanted a March 1st effective date, and the Commission should move as quickly as it can but not shorten deadlines. She asked the counsel for United Water, Joe Miller, about the Company’s billing process, and Mr. Miller clarified that the bills are prepared daily on a rolling basis. He said the Company would appreciate, if possible, an order issued by the 1st so that it is clear that all meters read after that date are billed under the new rates.
Commissioner Smith made a motion that the Commission issue a Notice of Modified Procedure and Notice of Public Hearing with the deadline for filing comments and a public hearing both on February 22nd, 2010; and retain the March 4th hearing date until the Commission has reviewed the comments and heard testimony at the public hearing, at which time the Commission will determine whether or not to vacate the hearing. She said as soon thereafter as possible the Commission will consider the case and issue an order with its decision on this proposal.
There was no further discussion. A vote was taken on the motion and it carried unanimously.
The final order of business was FULLY SUBMITTED MATTERS:
11. Deliberation re: Idaho Power's Application for Authority to Sell to PacifiCorp the Goshen Series Capicitor Bank, Case No. IPC-E-09-32. [No Memo. Kristine Sasser, Attorney.]12. Deliberation re: Defined Benefit Pension Expense - Recovery Mechanism, Case No. IPC-E-09-29 (Idaho Power). [No Memo. Scott Woodbury, Attorney.]13. Deliberation re: Petition for Reconsideration, Case No. BCS-W-09-02 (Bar Circle "S"). [No Memo. Scott Woodbury, Attorney.]14. Deliberation re: RFP Competitive Bidding Guidelines, Motion to Initiate Procedural Schedule and to Narrow Scope of Docket, Case No. GNR-E-08-03. [No Memo. Scott Woodbury, Attorney.]
Commissioner Kempton stated that items 11, 12, 13 and 14 would be deliberated privately.
There was no further business and Commissioner Kempton adjourned the meeting.
DATED this ______ day of February, 2010.

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COMMISSION SECRETARY

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