20210824MIN.pdf

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

August 24, 2021 – 1:30 P.M.

In attendance was Commissioner Paul Kjellander, Commissioner Kristine Raper and Commissioner Eric
Anderson. Commissioner Kjellander called the meeting to order.

The first order of business was APPROVAL OF MINUTES FROM THE PREVIOUS MEETING on
August 17, 2021. The Commission voted unanimously to approve the minutes as written.

The next order of business was CONSENT AGENDA:

2. Action Item: Dayn Hardie’s August 20, 2021, Decision Memorandum re: In the Matter of Idaho
Power Company’s Application for Approval of Its Load Curtailment and Interruption Plan; Case
No. IPC-E-21-13.
3. Action Item: Erick Shaner’s August 20, 2021, Decision Memorandum re: In the Matter of Idaho
Power Company’s Application for Approval or Rejection of an Energy Sales Agreement with
Michael Branchflower for the Sale and Purchase of Electric Energy from the Trout-Co Hydro
Project; Case No. IPC-E-21-26.
Commissioner Kjellander made a motion to approve Staff’s recommendation for Items 2 and 3 under the
Consent Agenda. A vote was taken on the motion and it carried unanimously.

The next order of business was MATTERS IN PROGRESS:

4. Action Item: John R. Hammond, Jr.’s August 18, 2021, Decision Memorandum re: Mary
Drake’s Formal Complaint Against Atlanta Power Company.

Mr. Hammond reviewed the Decision Memorandum and asked does the Commission wish to issue a
Summons to the Company requiring it to respond to the allegations raised, to issue an order to show cause
requiring the Company to show cause why the Commission should not reimpose the penalty imposed on
the Company in Order No. 34296, impose additional penalties on the Company for its failure to comply
with Commission requirements to pay its annual assessments and submit its annual GIOR for 2019 and
2020, impose additional penalties on the Company for failure to keep its contact information updated with
the Commission, open a new investigation to determine whether the Company is providing safe and
adequate service to its customers and consider whether the Company should make repairs and necessary
improvements to its system, seek the appointment of a receiver or other similar relief to operate the
Company due to its continued failure to comply with the Commission’s regulatory authority, or impose
any additional requirements on the Company.

Commissioner Raper made a motion to issue a Summons to the Company requiring it to respond to the
allegations raised, to issue an order to show cause requiring the Company to show cause why the
Commission should not reimpose the penalty imposed on the Company in Order No. 34296, impose
additional penalties on the Company for its failure to comply with Commission requirements to pay its
annual assessments and submit its annual GIOR for 2019 and 2020, impose additional penalties on the
Company for failure to keep its contact information updated with the Commission, open a new
investigation to determine whether the Company is providing safe and adequate service to its customers

and consider whether the Company should make repairs and necessary improvements to its system, and
seek the appointment of a receiver or other similar relief to operate the Company due to its continued
failure to comply with the Commission’s regulatory authority. A vote was taken on the motion and it
carried unanimously.

5. Action Item: John R. Hammond, Jr.’s and Jolene Bossard’s August 18, 2021, Decision
Memorandum re: The Formal Complaint of Nicole Burbank Against Rocky Mountain Utility
Company, Inc.

Mr. Hammond reviewed the Decision Memorandum and asked does the Commission wish to accept Ms.
Burbank’s correspondence dated July 28, 2021, issue a Summons to the Company requiring it to respond
to the allegations in the Formal Complaint and Ms. Burbank’s correspondence dated July 28, 2021,
require the Company to respond to the matters in Staff’s recommendations, and allow Staff and Ms.
Burbank the opportunity to file written comments after the Company files its responses with the
Commission.

Commissioner Raper made a motion to accept Ms. Burbank’s correspondence dated July 28, 2021, issue a
Summons to the Company requiring it to respond to the allegations in the Formal Complaint and Ms.
Burbank’s correspondence dated July 28, 2021, require the Company to respond to the matters in Staff’s
recommendations, and allow Staff and Ms. Burbank the opportunity to file written comments after the
Company files its responses with the Commission. A vote was taken on the motion and it carried
unanimously.

The next order of business was RULE MAKING:

6. Action Item: Stephen Goodson’s August 20, 2021, Decision Memorandum re: Notice of
Proposed Rulemaking – IDAPA 31.01.01; Case No. RUL-U-21-01.

Mr. Goodson reviewed the Decision Memorandum and asked does the Commission wish to approve
Staff’s recommendation to submit the necessary forms to publish a Notice of Proposed Rulemaking in the
Administrative Bulletin and authorize Staff to conduct proposed rulemaking consistent with Idaho Code §
67-5221, Executive Order No. 2020-01, and DFM Directives.

Commissioner Raper made a motion to approve Staff’s recommendation to submit the necessary forms to
publish a Notice of Proposed Rulemaking in the Administrative Bulletin and authorize Staff to conduct
proposed rulemaking consistent with Idaho Code § 67-5221, Executive Order No. 2020-01, and DFM
Directives. A vote was taken on the motion and it carried unanimously.

The next order of business was FULLY SUBMITTED MATTERS:

7. Deliberation Memorandum re: In the Matter of the Application of Avista Corporation for
Authority to Increase Its Rates and Charges for Electric and Natural Gas Service to Electric and
Natural Gas Customers in the State of Idaho; Case Nos. AVU-E-21-01; AVU-G-21-01 [John R.
Hammond, Jr., Attorney].
8. Deliberation Memorandum re: In the Matter of the Application of Avista Utilities for an Order
Approving a Change in Natural Gas Rates and Charges to Rebate Certain Deferred Credit Balances;
Case No. AVU-G-21-03 [John R. Hammond, Jr., Attorney].
9. Deliberation Memorandum re: In the Matter of the Application of Avista Utilities for an Order
Approving a Change in Rates for Purchased Gas Costs and Amortization of Gas-Related Deferral
Balances; Case No. AVU-G-21-04 [John R. Hammond, Jr., Attorney].

10. Deliberation Memorandum re: In the Matter of Rocky Mountain Power’s Application for
Approval or Rejection of the Power Purchase Agreement Between PacifiCorp and Mink Creek
Hydro, LLC.; Case No. PAC-E-21-14 [Erick Shaner, Attorney].
11. Deliberation Memorandum re: In the Matter of EarthGrid’s Application to Provide Basic Resold
and Facilities-Based Local Exchange Telecommunication Services in the State of Idaho; Case No.
EPC-T-21-01 [Erick Shaner, Attorney].
12. Deliberation Memorandum re: In the Matter of Idaho Power Company’s Application to
Approve 2021 Service Agreement with the United States Department of Energy; Case No. IPC-E-21-
20 [Erick Shaner, Attorney].
13. Deliberation Memorandum re: In the Matter of Idaho Power Company’s Application for
Approval or Rejection of the First Amendment to the Energy Sales Agreement with Doug and Nancy
Hill; Case No. IPC-E-21-23 [Dayn Hardie, Attorney].
14. Deliberation Memorandum re: In the Matter of Avista’s Application for an Accounting Order
Authorizing Accounting and Ratemaking Treatment of Costs Related to Allowance for Funds Used
During Construction; Case Nos. AVU-E-21-06; AVU-G-21-05 [Dayn Hardie, Attorney].
Commissioner Kjellander stated that Items 7, 8, 9, 10, 11, 12 and 13 under Fully Submitted Matters would
be deliberated privately.
Commissioner Kjellander stated there was no further business before the Commission and the meeting
was adjourned.
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COMMISSION SECRETARY DATE OF APPROVAL