20110222min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

FEBRUARY 22, 2011 – 1:30 P.M.

In attendance were Commissioners Jim Kempton and Mack Redford. Commissioner 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, February 7, 2011. 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 February 10, 2011 Decision Memorandum re: Application for Approval of a Type 2 Wireless Agreement Between Qwest Corporation ("Qwest") and Verizon Wireless ("Verizon"), Case No. QWE-T-11-03.3. Carolee Hall's February 10, 2011 Decision Memorandum re: Application for Approval of a Type 2 Wireless Agreement Between Qwest and Commnet, Case No. QWE-T-11-02.4. Carolee Hall's February 7, 2011 Decision Memorandum re: Application of Qwest Corporation (Qwest) with Adams Technology Group ("Adams") for an Interconnection Agreement Between the Companies, Case No. QWE-T-11-01.5. Don Howell's February 9, 2011 Decision Memorandum re: Extension of the Service Territory Agreement Between Avista and Kootenai Electric, Case No. AVU-E-01-02.6. Grace Seaman's February 18, 2011 Decision Memorandum re: CenturyTel of Idaho, Inc. and CenturyTel of the Gem State, Inc.'s Applications for Approval of an Interconnection Agreement with Verizon Wireless, Case Nos. CEN-T-11-01 & CGS-T-11-01.7. Grace Seaman's February 18, 2011 Decision Memorandum re: Frontier Communications Northwest Inc.'s Application for Approval of the Interconnection Agreement with Group Six Communications, LLC, Case No. VZN-T-11-01.8. Grace Seaman's February 18, 2011 Decision Memorandum re: Qwest Corporation's Application for Approval of an Amendment to the Interconnection Agreement with Integra Telecom of Idaho, Inc., Case No. USW-T-00-5.9. Grace Seaman's February 18, 2011 Decision Memorandum re: Qwest's Application for Approval of an Amendment to the Interconnection Agreement with BullsEye Telecom, Inc., Case No. QWE-T-04-30.10. Grace Seaman's February 18, 2011 Decision Memorandum re: Qwest's Application for Approval of an Amendment to the Interconnection Agreement with Fretel Communications, LLC, Case No. USW-T-99-14.11. Grace Seaman's February 9, 2011 Decision Memorandum re: Syringa Network, LLC 2010 Broadband Equipment Tax Credit, Case No. SZ9-T-11-01.12. Kristine Sasser's February 10, 2011 Decision Memorandum re: Idaho Power's Five Applications for a Determination Regarding Power Purchase Agreements with Wind Developers: Alpha, Bravo, Charlie, Delta, Echo, Case Nos. IPC-E-10-51, IPC-E-10-52, IPC-E-10-53, IPC-E-10-54, and IPC-E-10-55, respectively.13. Kristine Sasser's February 12, 2011 Decision Memorandum re: Idaho Power's Three Applications for a Determination Regarding Power Purchase Agreements with Murphy Flat Mesa, Murphy Flat Energy, and Murphy Flat Wind, Case Nos. IPC-E-10-56, IPC-E-10-57, and IPC-E-10-58, respectively.14. Kristine Sasser's February 12, 2011 Decision Memorandum re: Idaho Power's Two Applications for a Determination Regarding Power Purchase Agreements with Rainbow Ranch Wind and Rainbow West Wind, Case Nos. IPC-E-10-59 and IPC-E-10-60, respectively.15. Kristine Sasser's February 11, 2011 Decision Memorandum re: Idaho Power's Two Applications for a Determination Regarding Power Purchase Agreements with Grouse Creek Wind Park and Grouse Creek Wind Park II, Case Nos. IPC-E-10-61 and IPC-E-10-62, respectively.16. Kristine Sasser's February 15, 2011 Decision Memorandum re: In the Matter of the Commission's Investigation into Disaggregation and an Appropriate Published Avoided Cost Rate Eligibility Cap Structure, Case No. GNR-E-11-01 (the 2nd Phase of GNR-E-10-04).17. Kristine Sasser's February 14, 2011 Decision Memorandum re: Rocky Mountain Power's Five Applications for a Determination Regarding Power Purchase Agreements with Rattlesnake Canyon, Coyote Hill, North Point, Steep Ridge, and Five Pine, Case Nos. PAC-E-11-01, PAC-E-11-02, PAC-E-11-03, PAC-E-11-04, and PAC-E-11-05, respectively.18. TJ Golo's February 17, 2011 Decision Memorandum re: Idaho Power's Annual Compliance Filing to Update Rule H Charges and Credits, Tariff Advice No. 10-06.19. Terri Carlock's February 18, 2011 Decision Memorandum re: Rural Telephone Company's Request for Authority to Borrow $728,700, Case No. RUR-T-11-01.
Regarding items 2 – 11, there was no discussion and the Commission voted unanimously to approve Staff’s recommendations.
The Commission then voted unanimously to approve Staff’s recommendations for items 12 through 15 and item 17, the wind farm applications, with the addition of the year, “2011,” added to the date specified for the comment deadlines in each of Staff’s recommendations.
Regarding item 16, Commissioner Kempton asked about issuing a Notice of Inquiry and what specifically it will address. Ms. Sasser replied that it is for the purpose of notifying the parties, setting the schedule for the case and listing the Commission’s two specific criteria mentioned in the final order from the GNR-E-10-04 case. Commissioner Kempton asked about the reason for the short deadline for intervention, and Ms. Sasser replied that the timeline is tight, but the majority of the parties will be automatically moved over to this docket from the prior case and are already planning to participate. There was no further discussion and the Commission voted unanimously to adopt the schedule proposed by the parties and issue a Notice of Inquiry.
Regarding item 18, there was no discussion and the Commission voted unanimously to approve Staff’s recommendation.
Regarding item 19, there was no discussion and the Commission voted unanimously to approve Staff’s recommendation.
The next order of business was MATTERS IN PROGRESS:
20. Weldon Stutzman's February 18, 2011 Decision Memorandum re: Investigation of an Appropriate Certification Process for Competitive Local Exchange Carriers.
Commissioner Kempton reviewed the matter and the four questions set forth for interested parties to address in their responses to the Commission. He asked if the Commission was begging the question of something it should determine itself, rather than ask others if it has the legal authority to issue a certification, or if the question is couched in terms of the authority to issue a new type of certificate not having to do with CPCNs. Mr. Stutzman replied that the point is to have the parties brief the Commission on the different options they believe might be available to the Commission to issue some sort of authorization, although it may not be called a Certificate of Public Convenience and Necessity. He said it will ultimately be for the Commission to decide, but it might be worthwhile for the parties to weigh in on what they believe the options might be for the Commission.
Commissioner Kempton asked about procedure for processing the case, and Mr. Stutzman replied that Staff is recommending modified procedure with specific questions in the notice for the parties to address.
Commissioner Kempton stated that the question before the Commission is should the Commission open a docket to investigate through modified procedure whether some sort of certification process is appropriate for Title 62 telecommunications providers in Idaho that do not provide basic local exchange service. An affirmative vote was taken and it carried unanimously.
FULLY SUBMITTED MATTERS:
21. Deliberation re: In the Matter of the Commission's Inquiry into Load Growth Adjustments that are Part of Power Cost Adjustment Mechanisms, Case No. GNR-E-10-03. [Kristine Sasser]
Commissioner Kempton stated that item 21 would be discussed briefly upon adjournment and considered fully upon Commissioner Smith’s return.
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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