20100222min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

February 22, 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 MEETINGS on February 9th and February 12th, 2010. 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 February 09, 2010 Decision Memorandum re: Application for Approval of an Interconnection Agreement Between Verizon Northwest and ALEC, Inc., Case No. VZN-T-10-02.3. Neil Price's February 19, 2010 Decision Memorandum re: Application of Murray Water Works Systems, Case No. MUR-W-10-01.4. Neil Price's February 19, 2010 Decision Memorandum re: Firm Energy Sales Agreement Between Idaho Power Company and Cargill Incorporated, Case No. IPC-E-10-02.5. Rick Sterling's February 08, 2010 Decision Memorandum re: Revised and Restated Power Purchase Agreement Between Lower Valley Energy, Inc. and PacifiCorp, Reopened Case No. PAC-E-09-05.6. Scott Woodbury's February 19, 2010 Decision Memorandum re: Motion for Limited Admission/Pro Hac Vice, Case No. PAC-E-10-01 (PacifiCorp).7. TJ Golo's February 18, 2010 Decision Memorandum re: Idaho Power's Annual Compliance Filing to update Rule H Charges and Credits; Tariff Advice No. 09-13.8. TJ Golo's February 18, 2010 Decision Memorandum re: Idaho Power's modification to Schedule 66 - Miscellaneous Charges, Current Transformer Charges; Tariff Advice No. 10-01.
Commissioner Kempton stated that items 3 and 5 would be considered separately. The Commission then voted unanimously to accept Staff’s recommendations regarding items 2, 4, 6, 7 and 8.
Regarding item 3, Commissioner Kempton stated that Staff had changed its recommendation from a 45-day comment period to a 60-day comment period. The Commission then voted unanimously to process Murray Water’s Application through Modified Procedure and issue a Notice of Application and Modified Procedure with a 60-day comment period.
Regarding item 5, Commissioner Kempton clarified that 597 kW was the correct amount of kilowatts for the hydro facility. The Commission then voted unanimously to accept Staff’s recommendation that the revised and restated agreement between Lower Valley and PacifiCorp be acknowledged and approved by minute entry without further notice or proceeding.
The next order of business was RULEMAKING:
9. Don Howell's February 10, 2010 Decision Memorandum re: Staff Recommendations to Amend the Commission's Rules of Procedure, Docket No. 31-0101-1001.
Mr. Howell reviewed his Decision Memo. Commissioner Redford asked for clarification regarding negotiated rulemaking. Mr. Howell explained that negotiated rulemaking is another step in the rulemaking process. He said Staff is recommending broad distribution of the Notice of Workshop and the Decision Memo to all interested parties on our service lists so that we can get as much input as possible regarding these proposed rules. He said following the workshop, Staff will formally advise the Commission whether the parties and participants at the workshop concur with the changes and then the Commission can decide if it wants to go forward with a more formal rulemaking. Commissioner Redford confirmed that the rules would still need to be reviewed by the Legislature. Mr. Howell stated that it is anticipated that by providing the broadest notice possible to our own service list, we could then report that we have had a negotiated rulemaking and provided additional opportunity for people to comment and/or participate in the formation of these rules.
Commissioner Redford asked about the PUC’s compliance with Supreme Court rules and if the Legislature has ever objected to any changes prompted by the appellate rules. Mr. Howell confirmed that the proposed rules conform to the changes in appellate rules and he stated that he didn’t think there would be a situation where the Legislature might require something different than what the Supreme Court had adopted. He said we try to have our rules conform to the Supreme Court’s rules because it is our primary court of jurisdiction. Commissioner Kempton agreed that it was unlikely the Legislature would disregard the Supreme Court’s authority.
There was no further discussion and the Commission voted unanimously to open a negotiated rulemaking, convene a public workshop so that interested persons may discuss the draft changes set out in the Decision Memo and open its own rulemaking docket. The Commission also voted unanimously not to make any changes to the draft rules set out in the Decision Memo.

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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