20100426min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

APRIL 26, 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 19th, 2010. A vote was taken to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Weldon Stutzman's April 20, 2010 Decision Memorandum re: Idaho Power Company's Application to Implement Power Cost Adjustment Rates for June 1, 2010 - May 31, 2011, Case No. IPC-E-10-12.
The Commission voted unanimously to accept Staff’s recommendation for item 2.
The next order of business was MATTERS IN PROGRESS:
3. Neil Price's April 22, 2010 Decision Memorandum re: Staff's Motion to Compel Discovery and an Extension of the Established Comment Period, Case No. MUR-W-10-01.
Terri Carlock reviewed the Decision Memo. Ms. Carlock stated she had left a message at the company’s office to invite Mr. Lish to participate by telephone in the Decision Meeting and to get an update but had not heard back from Mr. Lish.
Commissioner Kempton noted some procedural issues regarding review of Staff’s motion on fewer than 14 days’ notice. He asked Staff what the rush is that would necessitate using an exceptional procedure rather than using the standard 14-day notice. Ms. Carlock stated the comment deadline was the issue and if the comment deadline could be extended, then there wouldn’t be the rush on the Motion to Compel and Staff would continue working with the company to get the responses.
Commissioner Smith made a motion that the Commission issue a revised Notice extending the current comment period deadline to June 15, 2010 and not rule on Staff’s Motion to Compel. She said Staff can renew that Motion if the answers fail to come forth in time for them to meet the new comment deadline.
Commissioner Kempton asked Ms. Carlock if there was any discussion on the motion and she clarified that Staff’s Motion to Compel was denied but it could be renewed if necessary. Randy Lobb confirmed that the approach should work but the key would be getting the company to work with Staff once the comment deadline is extended.
Commissioner Kempton stated that the company should be advised that if it is not forthcoming with the responses it will be forced to refile.
A vote was taken on the motion and it carried 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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