20100726min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

JULY 26, 2010 – 1:30 P.M.

In attendance were Commissioners Jim Kempton and Mack Redford. Commissioner Smith was absent and excused.

The first order of business was approval of MINUTES FROM PREVIOUS MEETING on July 12, 2010. A vote was taken to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Kristine Sasser's July 14, 2010 Decision Memorandum re: LXI-CLEC, LLC Application for a Certificate of Public Convenience and Necessity, Case No. LXI-T-10-01.3. Neil Price's July 22, 2010 Decision Memorandum re: Idaho Power Company's Application for a Prudency Determination of Energy Efficiency Rider Funds Spent During 2008-2009, Case No. IPC-E-10-09.4. Weldon Stutzman's July 23, 2010 Decision Memorandum re: Crexendo Business Solutions, Inc.'s Application for a Certificate of Public Convenience and Necessity, Case No. CBS-T-10-01.
The Commission voted unanimously to accept Staff’s recommendations for items 2 and 3.
Regarding item 4, Commissioner Kempton noted that the conditions Staff recommends in the Decision Memo should be included in the order, and in approving Staff’s recommendations, it should be clear that the approval includes the conditions. The Commission then voted unanimously to accept Staff’s recommendations for item 4.
The next order of business was MATTERS IN PROGRESS:
5. Motion to Reschedule the Technical Hearing in the Avista Rate Case from September 22-24, 2010 to August 26, 2010, Case Nos. AVU-E-10-01 and AVU-G-10-01 [No Memo to Follow, Motion to be Filed August 26, 2010, Don Howell, Attorney.]
Mr. Howell stated that Avista’s Motion seeks approval of a settlement Stipulation in the Avista rate case and requests rescheduling of the technical hearing previously scheduled to begin on September 22, 2010. He said the settlement Stipulation has been signed by most of the parties involved in the rate case, except for two parties who did not participate in the settlement conference held July 6th and July 8th—Idaho Community Action Network (ICAN) and Energy Logs. He said ICAN was served with the Stipulation and may subsequently agree to it, and the same may be true for Energy Logs because its rates would decrease due to changes in cost of service. He said the Company initially asked for a 14% rate increase on the electric side and as indicated in greater detail in the Stipulation, the parties have agreed to a 3.59% increase effective October 1st. He said the October 1st date is what is driving the need to reschedule the technical hearing, and the parties have agreed that the technical hearing could be held on August 26th, with the same August 5th filing date for parties to prefile testimony either supporting or opposing the settlement. Mr. Howell noted the Commission should have plenty of time to schedule a public hearing in the service territory and take the Stipulation under advisement. He stated the immediate matter before the Commission is a request by the parties to move the technical hearing from September 22nd to August 26th. Mr. Howell noted that he had briefed Commissioner Smith about the motion and she had no objections to moving the technical hearing.
There was no discussion and the Commission voted unanimously to move the technical hearing to August 26th. Commissioner Kempton asked what might happen if ICAN and Energy Logs don’t elect to sign the Stipulation. Mr. Howell replied that they may still sign after they have a chance to review the Stipulation. He stated they have the right to oppose a settlement, however, and they will have an opportunity to file testimony by August 5th outlining why the settlement Stipulation is not in the public interest.
FULLY SUBMITTED MATTERS:6. Deliberation re: Schedule 191 -- Energy Efficiency Rider Adjustment, Case No. AVU-G-10-02 (Avista). [No Memo. Scott Woodbury, Attorney.]
Commissioner Kempton noted that item 6 would be deliberated privately.
There was no further business before the Commission and Commissioner Kempton adjourned the meeting.

__________________________________ ________________________
COMMISSION SECRETARY DATE OF APPROVAL

1