20101109min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

NOVEMBER 9, 2010 – 1:30 P.M.

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

Commissioner Kempton called the meeting to order. The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETING on Monday, November 1, 2010. The Commission voted unanimously to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Carolee Hall's November 1, 2010 Decision Memorandum re: ALEC, Inc. ("ALEC") Requesting an Extension of the One Year Mandate to Provide Basic Local Exchange Service in Idaho, Case No. ALE-T-09-01.3. Carolee Hall's November 1, 2010 Decision Memorandum re: Application for Approval of Amendment to the Interconnection Agreement Between Qwest Corporation (Qwest) and Cordia Communications Corp. ("Cordia"), Case No. QWE-T-06-01.4. Carolee Hall's November 5, 2010 Decision Memorandum re: Cancellation of Certificate No. 427 in Case No. IZ2-T-04-01 Issued May 11, 2004 and Amended November 26, 2007 for American Fiber Systems, Inc.5. Carolee Hall's November 2, 2010 Decision Memorandum re: Potlatch Telephone Company Tariff Filing Requesting Commission Approval to Add Additional Language to Its Access Tariff Language Previously Approved by the Commission, Tariff Advice 10-06.6. Carolee Hall's November 5, 2010 Decision Memorandum re: Withdrawal of Applications for Certificate of Public Convenience and Necessity (CPCN) for the Following Cases: Bellerud Communications, LLC (Bellrud) BEL-T-10-01; Lifeconnex Telecom, LLC (Lifeconnex) LIF-T-10-01; American Dial Tone, Inc. (ADT) AMD-T-10-01; Triarch Marketing, Inc. (Triarch) TRI-T-10-01.7. Kristine Sasser's November 4, 2010 Decision Memorandum re: Idaho Power's Application for Approval of a Firm Energy Sales Agreement with AgPower, Case No. IPC-E-10-26.8. Scott Woodbury's November 5, 2010 Decision Memorandum re: Review of Surrogate Avoided Resource (SAR) Methodology -- Staff Proposal to Vacate Scheduling, Case No. GNR-E-09-03.9. Terri Carlock's November 5, 2010 Decision Memorandum re: Midvale Telephone Exchange, Inc.'s Request to Borrow Up to $1,359,720, Case No. MID-T-10-02.
There was no discussion and the Commission voted unanimously to approve Staff’s recommendations for items 2 through 9 on the Consent Agenda.
The next order of business was MATTERS IN PROGRESS:
10. D. Howell/T. Carlock's November 4, 2010 Decision Memorandum re: Idaho Power's Request to Change the Start of an Amortization Period Established in Accounting Order No. 30940 from January 1, 2011 to January 1, 2012, Case Nos. IPC-E-09-21/10-28.
Ms. Carlock reviewed her Decision Memo. There was no discussion and the Commission voted unanimously to process the case by modified procedure with a 21-day comment period and 7-day reply period; and to open a new case and transfer the Petition to Intervene to Case No. IPC-E-10-28.11. Terri Carlock's November 5, 2010 Decision Memorandum re: Annual Determination of the Interest Rates on Deposits Collected from Customers for the Calendar Year 2011, Case No. GNR-U-10-01.
Commissioner Kempton asked Ms. Carlock to expound on when a zero percentage is not considered a whole percent. Ms. Carlock stated that Staff considered the different rules and the intent behind the rules addressing the interest to be paid on all deposited amounts. She said that when looking at posted interest rates in any of the publications, zero is not a posted interest rate, so rounding down to zero when the intent is to pay interest on deposits did not make sense to Staff. She stated that Staff recommends looking at it as an exception and setting the rate for 2011 at 1%. Commissioner Kempton asked about the effect of deflation and Ms. Carlock replied that would also be considered a type of exception. She said even when there is deflation, interest rates don’t post as negatives. The Commission voted unanimously to set the interest rate on deposits collected from customers for the calendar year 2011 at 1%.
The final order of business was RULEMAKING:
12. Don Howell's November 5, 2010 Decision Memorandum re: Updating the Commission's Railroad Safety and Accident Reporting Rules, IDAPA Docket No. 31-7103-1001.13. Don Howell's November 5, 2010 Decision Memorandum re: Updating the Commission's Safety and Accident Reporting Rules, IDAPA Docket No. 31-1101-1001.
Ms. Sasser stated that that these two proposed rule changes have been put out for comments and no comments were received for either set. She said Staff is asking that the proposed rules be approved as submitted and published in the next Administrative Bulletin. The Commission voted unanimously to adopt the proposed rules.
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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