20100628min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

JUNE 28, 2010 – 1:30 P.M.

In attendance were Commissioners Jim Kempton, Marsha Smith, and Mack Redford.

The first order of business was approval of MINUTES FROM PREVIOUS MEETING on June 21, 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 June 25, 2010 Decision Memorandum re: Qwest's Application for Approval of the Adoption of the BLC Management, LLC dba Angles Communication Solutions Interconnection Agreement, Case No. QWE-T-10-05.3. Neil Price's June 25, 2010 Decision Memorandum re: Application of Capitol Water Corporation to Revise Its Schedule No. 3 Purchase Power Adjustment Rate, Case No. CAP-W-10-01.4. Scott Woodbury's June 22, 2010 Decision Memorandum re: Firm Energy Sales Agreement -- Idaho Power/Grand View Solar PV One, LLC, Case No. IPC-E-10-19 (Idaho Power).5. Weldon Stutzman's June 24, 2010 Decision Memorandum re: Crexendo Business Solutions, Inc.'s Application for a Certificate of Public Convenience and Necessity, Case No. CBS-T-10-01.6. Weldon Stutzman's June 24, 2010 Decision Memorandum re: Silver Star Communications' Motion to Extend Date for Complying with Commission Order No. 30951, Case No. SIL-T-10-01.
The Commission voted unanimously to accept Staff’s recommendations for items 2 and 3.
Regarding item 4, Commissioner Redford asked for clarification on wording in paragraph three of the Decision Memo regarding inadvertent energy—i.e. does the company consider anything above 10 MW to be inadvertent energy or is it over 20 MW. Mr. Woodbury clarified that Idaho Power will not pay for anything greater than 10 MW. The Commission then voted unanimously to accept Staff’s recommendations for item 4.
Regarding item 5, the Commission voted unanimously to accept Staff’s recommendation.

Regarding item 6, the Commission voted first to accept Staff’s recommendation to treat Silver Star’s request as a motion, and then the Commission voted unanimously to issue an Order approving Silver Star’s Motion to delay implementation of its revised residential service rates until September 1, 2010, and state in the Order that if the Company fails to comply by that date, its USF funding will be terminated.
The next order of business was MATTERS IN PROGRESS:
7. Scott Woodbury's June 21, 2010 Decision Memorandum re: Adjustable Portion of Avoided Cost Rate, Revised/Updated Calculation for Existing Contracts, Case No. GNR-E-10-02 (Idaho Power, Avista, PacifiCorp); Annual Variable Energy Rate Adjustment -- 1992 Amendment QF Contracts, Case No. PAC-E-10-06 (PacifiCorp).
Mr. Woodbury reviewed his Decision Memo. Commissioner Kempton noted that Avista, PacifiCorp and Idaho Power all agreed with Staff’s calculations. There was no further discussion and the Commission voted unanimously to agree with the proposed changes in the variable rates.
FULLY SUBMITTED MATTERS:
8. Don Howell's June 22, 2010 Decision Memorandum re: Grace School District's Request to Amend Commission Order No. 31099, Case No. QWE-T-10-04.9. Deliberation re: Avista's Proposed Revision of Tariff I.P.U.C. No. 28 for Schedule 63, Case No. AVU-E-10-02. [No Memo. Neil Price, Attorney.]10. Neil Price's June 25, 2010 Decision Memorandum re: PacifiCorp's Application for Approval of an Accounting Order Recording Certain Post-Retirement Prescription Drug Costs as a Regulatory Asset, Case No. PAC-E-10-04.11. Deliberation re: Firm Energy Sales Agreement -- Cargill Incorporated, Case No. IPC-E-10-15 (Idaho Power). [No Memo. Scott Woodbury, Attorney.]12. Deliberation re: Firm Energy Sales Agreement -- New Energy One, LLC (Rock Creek), Case No. IPC-E-10-16 (Idaho Power). [No Memo. Scott Woodbury, Attorney.]13. Deliberation re: Firm Energy Sales Agreement -- New Energy Three, LLC (Double B), Case No. IPC-E-10-18 (Idaho Power). [No Memo. Scott Woodbury, Attorney.]14. Deliberation re: Firm Energy Sales Agreement -- New Energy Two, LLC (Swager Farms), Case No. IPC-E-10-17 (Idaho Power). [No Memo. Scott Woodbury, Attorney.]
Commissioner Kempton stated that items 8 – 14 would be deliberated privately.
EXECUTIVE SESSION MATTERS:
15. Discussion with legal counsel concerning litigation in the Rule H appeals and the AgPower Complaint pursuant to Idaho Code 67-2345(1)(f). Moving into Executive Session requires a Motion and roll call vote of the Commissioners. [No Memo. Don Howell, Attorney.]
Commissioner Smith made a motion to move into Executive Session to discuss the pending litigation with counsel. 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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