20111107min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

NOVEMBER 7, 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, October 31st, 2011. The Commission voted unanimously to approve the minutes as written.

The second order of business was approval of the CONSENT AGENDA:
2. Grace Seaman's November 4, 2011 Decision Memorandum re: Qwest Corporation dba CenturyLink's Application for Approval of the Interconnection Agreement with LXI-CLEC, LLC, Case No. QWE-T-11-12.3. Karl Klein's November 1, 2011 Decision Memorandum re: Intermountain Gas Company's Application to Change Its Composite Depreciation Rate, Case No. INT-G-11-02.4. Kristine Sasser's November 2, 2011 Decision Memorandum re: Idaho Power's Application for a Termination of Its Firm Energy Sales Agreement with Magic Wind, Case No. IPC-E-11-20.5. Neil Price's November 3, 2011 Decision Memorandum re: Application of Time Warner Cable Information Services (Idaho), LLC for Certification as a Wholesale Communications Provider in Idaho, Case No. TIM-T-11-01.6. Weldon Stutzman's November 3, 2011 Decision Memorandum re: Idaho Power Company's Application to Extend and Modify Accounting Order to Amortize Additional Accumulated Deferred Income Tax Credits (ADITC), Case No. IPC-E-11-22.
There was no discussion and the Commission voted unanimously to approve Staff’s recommendations for items 2 - 6 on the Consent Agenda.
The next order of business was MATTERS IN PROGRESS:
7. Daniel Klein's November 3, 2011 Decision Memorandum re: Formal Complaint of Roy DeJarlar.
Mr. Klein reviewed his Decision Memo. Commissioner Smith asked Mr. Klein if he had consulted with any attorneys about this complaint and if so, had he been told that the Commission has no jurisdiction. She questioned why the complainant would be encouraged to file a formal complaint when the Commission cannot award damages. Mr. Klein replied that he had informed the complainant that the Commission does not have statutory authority to award damages, and he had not encouraged the complainant to file a formal complaint, but the complainant did have the right to file a formal complaint.
Commissioner Smith stated she thought it was not appropriate to waste the complainant’s time when it seemed he should pursue his action in small claims court. She made a motion to not accept the formal complaint and to advise the complainant that we cannot give him the relief he seeks. A vote was taken on the motion and it carried unanimously.
The final order of business was FULLY SUBMITTED MATTERS:
8. Deliberation re: Idaho Power's Motion for Clarification Regarding Approval of OER Energy Efficiency Incentive Agreement, Case No. IPC-E-11-16. [Karl Klein, Attorney]
Commissioner Kjellander stated that item 8 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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