20100809min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

AUGUST 9, 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 August 2, 2010. A vote was taken to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Bryan Lanspery's August 6, 2010 Decision Memorandum re: PacifiCorp Tariff Advice 10-2, Revisions to Electric Service Schedule 72.
Commissioner Kempton asked Mr. Lanspery if there is any notice given to participants of the program about the requirement that they notify the Company prior to a certain date.
Mr. Lanspery stated that in the load service agreement, it is specifically stated that customers can opt out of the program, and it is Staff’s understanding that the Company contacts participants to give them a reminder that they are part of the program prior to the opt-out date. Commissioner Kempton said that it is a good idea in an opt-out program that the Company notify the customers of the program annually, just as a courtesy, but he felt it should be a little more solid.
Commissioner Smith made a motion that the Commission hold this item and direct Staff to work with the Company to explore the possibility of adding specific language to the tariff that requires participants be notified, preferably in the first quarter of every year. A vote was taken on the motion and it passed unanimously.
Mr. Howell asked Mr. Lanspery about the proposed effective date of the tariff. Mr. Lanspery replied that the proposed effective date was August 14. Mr. Howell suggested that when Staff contacts the Company, they should ask that the effective date be moved back so that the Commission does not need to do a suspension order.3. Grace Seaman's August 4, 2010 Decision Memorandum re: Silver Star Communications' Compliance Tariff Filing to Increase Local Residential Rates.
The Commission voted unanimously to accept Staff’s recommendation to approve the filing.

The next order of business was RULEMAKING:
4. Don Howell's August 3, 2010 Decision Memorandum re: The Commission's Proposed Amendments to Its Rules of Procedure, IDAPA 31.01.01, Docket No. 31-0101-1001 (IPUC Case No. RUL-U-10-01).
Mr. Howell reviewed his Decision Memo. The Commission voted unanimously not to make any changes to its proposed rules published in the Bulletin on July 7, 2010, Vol. 10-07, and voted unanimously to adopt its proposed rules as its pending rules and have its Notice of Adoption of Pending Rules published in the next Administrative Bulletin on October 6, 2010.5. Don Howell's August 4, 2010 Decision Memorandum re: Updating the Commission's Railroad Safety and Accident Reporting Rules, Docket No. 31-7103-1001.
Mr. Howell reviewed his Decision Memo. Commissioner Kempton asked about the link to the rules. Mr. Howell explained the website link in Rule 8 that will allow a person to click and be taken immediately to the CFR website. He said by having that link in our rules, we will be in compliance with that part of the statute. In response to a question from Commissioner Kempton, Mr. Howell stated that Staff is recommending adoption of the current CFRs in order to make the rules consistent with the federal regulations and avoid confusion. He said a federal shipper has to comply with federal requirements in any event, so rather than have the state requirements based on two-year-old CFRs, the Commission should periodically update its CFRs so they are consistent with the federal hazardous materials rail shipping rules.
The Commission voted unanimously to accept Staff’s recommendations for updating the Commission’s Railroad Safety Rules.6. Don Howell's August 4, 2010 Decision Memorandum re: Updating the Commission's Safety and Accident Reporting Rules, Docket No. 31-1101-1001.
Mr. Howell reviewed his Decision Memo. He stated that adoption of the current CFRs will make Rule 201 consistent with the federal safety regulations concerning gas and pipeline utilities, and federal pipeline safety grants require the Commission to have consistency between the state rules and federal rules.
The Commission voted unanimously to update Rule 201 of the Commission’s Safety and Accident Reporting Rules by adopting the 2010 edition of the CFRs, and voted to forward the proposed changes to the Administrative Rules Coordinator for publication in the next Administrative Bulletin.
EXECUTIVE SESSION MATTERS7. Discussion with Counsel re: BPA Litigation. [No Memo. Don Howell, Attorney.]
Commissioner Smith made a motion to go into Executive Session in order to discuss with Counsel the pending BPA litigation. A vote was taken and the motion 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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