20100505min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

MAY 5, 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 April 26th and May 3rd, 2010. A vote was taken to approve the minutes of the April 26th meeting as written. Two corrections were noted to the minutes of the May 3rd meeting, and then those minutes were approved as corrected.

Commissioner Kempton announced that there was a PROPOSED ITEM FOR ADDITION TO THE AGENDA:
Staff's Motion for Extension of Time to File Comments - Intermountain Gas Company’s Petition for a Declaratory Order, Case No. INT-G-10-01. [Don Howell, Attorney.]

The Commission voted unanimously to add the proposed item to the agenda. There was no discussion and Commissioner Smith moved for approval of Staff’s request for the extension of time to file comments in Case No. INT-G-10-01. A vote was taken on the motion and it carried unanimously.

The next order of business was approval of the CONSENT AGENDA:
2. Carolee Hall's May 3, 2010 Decision Memorandum re: Application for Approval to Amend an Interconnection Agreement between Qwest and Eltopia Communications, Case No. QWE-T-08-06.3. Carolee Hall's May 3, 2010 Decision Memorandum re: Cancellation of Certificate No. 405; Case No. GNR-T-02-14 for Big Sky Telecom, Inc.4. Don Howell's May 3, 2010 Decision Memorandum re: Idaho Power's Application to Extend Its Electric Service Contract with the Idaho National Laboratory, Case No. IPC-E-10-14.5. Grace Seaman's April 28, 2010 Decision Memorandum re: Albion Telephone Company's 2009 Broadband Equipment Tax Credit Application, Case No. ALB-T-10-01.6. Grace Seaman's April 28, 2010 Decision Memorandum re: Midvale Telephone Exchange's 2006 & 2007 Broadband Equipment Tax Credit Application, Case No. MID-T-10-01.7. Grace Seaman's April 29, 2010 Decision Memorandum re: Qwest's Application for Approval of Amendment to the Interconnection Agreement, Case No. QWE-T-04-09.8. Kristine Sasser's April 30, 2010 Decision Memorandum re: Application of Rocky Mountain Power for Authority to Increase Its Customer Efficiency Services Rate (Schedule 191), Case No. PAC-E-10-03.
The Commission voted unanimously to accept Staff’s recommendations for items 2 - 8.
The next order of business was RULEMAKING:
9. Don Howell's April 27, 2010 Decision Memorandum re: The Commission's Negotiated Rulemaking to Examine Draft Changes to the Rules of Procedure, IDAPA 31.01.01, Docket No. 31-0101-1001 (IPUC Case No. RUL-U-10-01).
Janice Ono, Regulatory Area Manager for AT&T Communications of the Mountain States and John Sisemore, Director of Regulatory Affairs for AT&T, joined the meeting by conference call.
Deputy Attorney General Don Howell reviewed his Decision Memo. Commissioner Kempton asked Ms. Ono and Mr. Sisemore if they had any questions or comments concerning Mr. Howell’s briefing. Ms. Ono said that AT&T had not participated in the workshop and therefore wanted to listen in. Neither she nor Mr. Sisemore had anything to add.
Commissioner Smith made a motion to adopt all of the changes in all of the rules that were previously noted by Deputy Attorney General Howell and to issue a notice of proposed rulemaking to be published in the Idaho Administrative Bulletin on June 4, 2010. There was no discussion and the Commission voted unanimously to approve the motion.
FULLY SUBMITTED MATTERS:
10. Deliberation re: Formal Complaint of Allen Lake Against Atlanta Power, Case No. ATL-E-09-01. [No Memo. Don Howell, Attorney.]11. Deliberation re: IntelePeer, Inc.'s Application for a Certificate of Public Convenience and Necessity, Case No. IPI-T-09-01. [No Memo. Kristine Sasser, Attorney.]12. Deliberation re: Case No. IPC-E-09-33 (Idaho Power), 2009 Integrated Resource Plan (IRP). [No Memo. Scott Woodbury, Attorney.]13. Deliberation re: Idaho Power's Application for Authority to Fund Its Continued Participation in the Northwest Energy Efficiency Alliance, Case No. IPC-E-10-04. [No Memo. Weldon Stutzman, Attorney.]
Commissioner Kempton stated that the Fully Submitted Matters, items 10 – 13, would be deliberated privately.
EXECUTIVE SESSION MATTERS:
14. Discussion of pending litigation with counsel re: BPA and AgPower cases pursuant to Idaho Code § 67-2345(1)(f). [No Memo. Don Howell, Attorney.]
Commissioner Redford made a motion to go into Executive Session to discuss pending litigation with counsel pursuant to Idaho Code § 67-2345(1)(f). The Commission voted unanimously to go into Executive Session.
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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