20100419min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

APRIL 19, 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 April 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 April 12, 2010 Decision Memorandum re: Cancellation of Certificate No. 455 in Case No. EXT-T-05-01 for Clear Voice Telecom, Inc.3. Terri Carlock's April 16, 2010 Decision Memorandum re: Idaho Power's Request to Issue and Sell up to $500 Million Shelf Authority for First Mortgage Bonds and Debt Securities, Case No. IPC-E-10-10.4. Weldon Stutzman's April 13, 2010 Decision Memorandum re: Idaho Power's Application to Increase Its Rates to Recover Its 2010 Cash Contribution to Defined Benefit Pension Expense, Case No. IPC-E-10-08.
There was no discussion and the Commission voted unanimously to approve Staff’s recommendations for items 2, 3 and 4.
The next order of business was MATTERS IN PROGRESS:
5. Kristine Sasser's April 15, 2010 Decision Memorandum re: Idaho Power's Application Regarding Disposition of Its Green Tags, Case No. IPC-E-08-24.
Commissioner Kempton stated that Annie Black was present and had some points to make regarding item 5. He noted that she is a member of the Idaho Conservation League (ICL) but she was not speaking on behalf of ICL or the company.
Ms. Black then read her comments into the meeting record. (They are attached to these minutes.)
Commissioner Kempton stated that the information Ms. Black provided was an excellent segue into what the Commission was considering in this matter. He noted that in a prior order in this case, Order No. 30868, issued July 28, 2009, the Commission stated, “As part of our reconsideration order, we direct Idaho Power to devise a business plan to address future Green Tags. We anticipate that after Idaho Power files its business plan, we will initiate a new case to examine the plan and the Company’s proposed treatment of its 2009 tags.” He said the matter before the Commission is one of reviewing this statement and making a decision concerning future direction.
Commissioner Smith then made a motion to consider Idaho Power’s REC management plan by means of written comments, starting with modified procedure, and then based on the comments received, determine if something more is needed. She asked about the length of the comment period, and after discussion, it was decided that a 21-day comment period would be established. The Commission voted unanimously to approve the motion and set a 21-day comment period.
Ms. Black asked if there is a way for a public citizen commenting in a case to be added as an interested party in order to receive any future documents filed in the case. Commissioner Kempton replied in the affirmative and directed that Ms. Black be added to the interested parties list.6. Terri Carlock's April 15, 2010 Decision Memorandum re: Application of Morning View Water Company for Authority to Borrow Funds, Case No. MNV-W-10-01.
Ms. Carlock reviewed her Decision Memo. The Commission voted unanimously to approve the requested loan authority of $275,000. Commissioner Smith made a motion to order installation of meters on all lots. A vote was taken on the motion and it passed unanimously. The Commission also voted unanimously to accept Staff’s recommended review and reporting requirements.
The next order of business was FULLY SUBMITTED MATTERS:
7. Deliberation re: Published Avoided Cost Rate Adjustment, Petition for Reconsideration (Final Order No. 31025), Case No. GNR-E-10-01 (Idaho Power, Avista, PacifiCorp). [No Memo. Scott Woodbury, Attorney.]8. Deliberation re: Idaho Power's Application to Make the Fixed Cost Adjustment Permanent, Case No. IPC-E-09-28. [No Memo. Weldon Stutzman, Attorney.]
Commissioner Kempton stated that items 7 and 8 would be deliberated privately.
The final order of business was EXECUTIVE SESSION MATTERS:
9. To Discuss with Legal Counsel AgPower's Complaint Pursuant to Idaho Code § 67-2345(1)(f). [Don Howell, Attorney.]
Commissioner Smith made a motion to move into Executive Session in order to discuss with legal counsel a complaint pursuant to Idaho Code § 67-2345(1). A vote was taken on the motion and it passed unanimously.
There was no further business before the Commission and Commissioner Kempton adjourned the meeting.

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COMMISSION SECRETARY DATE OF APPROVAL

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