20101122min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

NOVEMBER 22, 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 MEETING on Tuesday, November 9, 2010. The Commission voted unanimously to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Don Howell's November 19, 2010 Decision Memorandum re: Idaho Power's Six Applications for Approval of Power Purchase Agreements with Windfarm Developers: Cold Springs, Desert Meadow, Hammett Hill, Mainline, Ryegrass and Two Ponds, LLCs, Case Nos. IPC-E-10-38, IPC-E-10-39, IPC-E-10-40, IPC-E-10-41, IPC-E-10-42, and IPC-E-10-43, Respectively.3. Grace Seaman's November 19, 2010 Decision Memorandum re: Qwest Corporation's Application for Approval of the Interconnection Agreement, Case No. QWE-T-10-08.4. Grace Seaman's November 15, 2010 Decision Memorandum re: Qwest Corporation's Application for Approval of the Interconnection Agreement, Case No. QWE-T-10-07.5. Neil Price's November 19, 2010 Decision Memorandum re: Application of Liberty-Bell Telecom, LLC for a Certificate of Public Convenience and Necessity, Case No. LBT-T-10-01.6. Terri Carlock's November 18, 2010 Decision Memorandum re: Avista Corporation's Application for Authority to Issue Up to $150,000,000 of Debt, Case No. AVU-U-10-02.7. Weldon Stutzman's November 16, 2010 Decision Memorandum re: In the Matter of an Investigation of Appropriate Cost Recovery Mechanisms for Idaho Power's Energy Efficiency Programs, Case No. IPC-E-10-27.
There was no discussion and the Commission voted unanimously to approve Staff’s recommendations for items 2 through 7 on the Consent Agenda.

The next order of business was MATTERS IN PROGRESS:
8. Commission Staff Motion to Consider Proposed Methodology (LGAR), Case No. GNR-E-10-03. [Kristine Sasser, Attorney.]
The Commission voted unanimously to grant Staff’s motion requesting that the Commission use Modified Procedure to consider the proposed methodology, set a comment deadline of January 14, 2011, and a response comment deadline of January 28, 2011.9. Neil Price's November 16, 2010 Decision Memorandum re: Amended Application of TracFone Wireless, Inc. for Designation as an Eligible Telecommunications Carrier in the State of Idaho, Case No. TFW-T-09-01.
Mr. Price reviewed his Decision Memo. Commissioner Smith asked if the hearing is being requested because of legal issues. She said hearings are held to discern factual disagreements while legal issues are usually handled through briefs. Mr. Price stated that he did not know of any factual disputes. Commissioner Smith made a motion to grant the motion for pro hac vice to admit the out-of-state counsel, set a date for parties to file briefs regarding the legal issues, and after the Commission reviews the briefs, determine if a hearing is necessary. She said if anyone thinks there are factual issues that require a hearing, then they should speak up and let the Commission know. Mr. Price said he will spell out in the Order that if parties have factual disputes, they should be made clear when filing the briefs. A vote was taken on the motion and it carried unanimously.
Commissioner Redford asked Mr. Price if the parties will be filing the briefs so the Commission can determine what the legal issues are. Mr. Price stated that it was his understanding that the briefs would not be full-sized legal briefs, but more along the lines of issues briefs. He noted that the turn-around time for filing the briefs is only 14 days. Commissioner Redford stated it is a little confusing that the parties are now asking the Commission to set forth the legal issues so they can come in and argue those issues, which seems like asking the Commission to do part of their case for them. Mr. Price said that what the parties contemplate is more along the lines of focusing the argument on what the Commission feels is relevant.
There was no further discussion and Commissioner Redford confirmed he was satisfied with the vote he had made on the motion.
FULLY SUBMITTED MATTERS:
10. Deliberation re: Proposed Abandonment of Union Pacific Railroad Company's Rail Line from Milepost 0.9 to Milepost 1.75, a Total Distance of 0.85 Miles, in Canyon County, Idaho; Case No. UPR-R-10-01. [Neil Price, Attorney.]11. Deliberation re: Firm Energy Sales Agreement -- 80 MW Rockland Wind Project LLC, Case No. IPC-E-10-24 (Idaho Power). [Scott Woodbury, Attorney.]
Commissioner Kempton stated that items 10 and 11 would be deliberated privately following the meeting.
There was no further business before the Commission and Commissioner Kempton adjourned the meeting.

__________________________________ ________________________
COMMISSION SECRETARY DATE OF APPROVAL

3