20110509min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

MAY 9, 2011 – 1:30 P.M.

In attendance were Commissioners Paul Kjellander, Mack Redford, and Marsha Smith.

Commissioner Kjellander called the meeting to order. The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETING on Monday, April 25th, 2011. 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 April 20, 2011 Decision Memorandum re: Application of T-Mobile West Corp. for Designation as an ETC, Case No. TMW-T-10-01.3. Grace Seaman's April 25, 2011 Decision Memorandum re: Midvale Telephone Exchange's 2008, 2009 & 2010 Broadband Equipment Tax Credit Application, Case No. MID-T-11-01.4. Keith Hessing's May 02, 2011 Decision Memorandum re: Rocky Mountain Power Tariff Advice 11-01, Update to Tariff Index Sheet No. B.2.5. Neil Price's April 28, 2011 Decision Memorandum re: In the Matter of the Application of PacifiCorp dba Rocky Mountain Power Requesting Approval of Amendments to the Revised Protocol Allocation Methodology, Case No. PAC-E-10-09.6. Neil Price's May 02, 2011 Decision Memorandum re: PacifiCorp's 2011 Electric Integrated Resource Plan (IRP), Case No. PAC-E-11-10.
There was no discussion and the Commission voted unanimously to approve Staff’s recommendations for items 2 through 6 on the Consent Agenda.
The next order of business was MATTERS IN PROGRESS:
7. Complaint of XRG-DP-7, XRG-DP-8, XRG-DP-9 and XRG-DP-10 vs. PacifiCorp; PacifiCorp's Motion for Stay and Motion for Summary Judgment, Case No. PAC-E-10-08. [Kristine Sasser, Attorney]
Ms. Sasser reviewed the procedural background for the case. Commissioner Smith asked the attorney for Exergy, Gregory Adams, for clarification regarding a date on page 10 of Exergy’s Answer to Rocky Mountain Power’s Motion. Mr. Adams confirmed the date referenced should have been 2009, rather than 2010.
Commissioner Smith asked a similar question of Ken Kaufmann, attorney for Rocky Mountain Power, about the date on the last line of page 5 of Rocky Mountain Power’s Motion for Summary Judgment and whether it should have read July 6, 2009 rather than 2010. Mr. Kaufmann confirmed that it should have read 2009.
There were no further questions. Commissioner Smith made a motion to set an oral argument to consider the motions, and she stated that believed the PUC has the authority to consider summary judgment, but the parties can also argue that if they want to do so. Mr. Adams stated they would wait until oral argument to take up that issue. Commissioner Kjellander seconded the motion.
Commissioner Kjellander asked for clarification as to whether the issues related to discovery were separate and outside of the motion. Commissioner Smith clarified that her motion included both motions—the Motion for Summary Judgment and the Motion for Protective Order to Stay Discovery. A vote was taken on the motion and it carried unanimously.
FULLY SUBMITTED MATTERS:
8. Deliberation 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. [Kristine Sasser, Attorney]9. Deliberation re: Rocky Mountain Power's Application for Approval of a Power Purchase Agreement with Cargill, Case No. PAC-E-11-08. [Kristine Sasser, Attorney]10. Deliberation re: Idaho Power's Petition for Clarification of Order No. 32217; Conservation Parties and CAPAI Petitions for Intervenor Funding; Case No. IPC-E-10-27. [Weldon Stutzman, Attorney]
Commissioner Kjellander stated that items 8, 9 and 10 would be deliberated privately.
There was no further business before the Commission and Commissioner Kjellander adjourned the meeting.

___________________________________ ______________________________ COMMISSION SECRETARY DATE OF APPROVAL

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