20111011min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

OCTOBER 11, 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 Tuesday, October 4th, 2011. The Commission voted unanimously to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Nikki Karpavich's October 4, 2011 Decision Memorandum re: Idaho Power Tariff Advice No. 11-02 Implementing a 1.25% Franchise Fee Agreement with the City of Nampa, Idaho.3. Rick Sterling's October 3, 2011 Decision Memorandum re: Joint Petition of Avista Corp. and Stimson Lumber Company for Approval of Amendment No. 2 to Power Purchase and Sale Agreement, Case No. AVU-E-11-05.4. Terri Carlock's October 6, 2011 Decision Memorandum re: Avista Corporation's Application for Authority to Issue Up to 5,500,000 Shares of Authorized but Unissued Common Stock, Case No. AVU-U-11-02.
There was no discussion and the Commission voted unanimously to approve Staff’s recommendations for items 2 – 4 on the Consent Agenda.
The third order of business was MATTERS IN PROGRESS:
5. Don Howell's October 7, 2011 Decision Memorandum re: Joint Motion in the Idaho Power Rate Case to Open a New Docket to Examine the Fixed Cost Adjustment (FCA), Case No. IPC-E-11-08.
Commissioner Smith stated that she agreed it would be administratively efficient to separate the Fixed Cost Adjustment issues and she made a motion to open a separate case. A vote was taken on the motion and it carried unanimously.
The next order of business was FULLY SUBMITTED MATTERS:
6. Deliberation re: Application of Custer Telephone Broadband Services, LLC for a Certificate of Public Convenience and Necessity, Case No. CTB-T-11-01. [Neil Price, Attorney]
Commissioner Kjellander stated the Commission would deliberate on item 6 privately.
The last order of business was EXECUTIVE SESSION MATTERS:
7. Discussion with Counsel regarding the legal options in the Cedar Creek Wind case at FERC and the pending Idaho Supreme Court cases pursuant to Idaho Code 67-2345(1)(f).
Commissioner Kjellander made a motion to break into Executive Session to discuss with counsel the legal options in the Cedar Creek Wind case at FERC and the pending Idaho Supreme Court cases pursuant to Idaho Code 67-2345(1)(f). A vote was taken on the motion and it carried unanimously.
There was no further business before the Commission and Commissioner Kjellander adjourned the meeting.

___________________________________ ______________________________ COMMISSION SECRETARY DATE OF APPROVAL

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