20230824MIN.pdf

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

August 24, 2023 – 1:30 P.M.

In attendance was Commissioner Eric Anderson, Commissioner John R. Hammond, Jr. and
Commissioner Edward Lodge. Commissioner Anderson called the meeting to order.

The first order of business was APPROVAL OF MINUTES FROM THE PREVIOUS MEETING on
August 15, 2023. The Commission voted unanimously to approve the minutes as written.

The next order of business was CONSENT AGENDA:
2. Action Item: Adam Triplett’s August 24, 2023, Decision Memorandum re: In the Matter of
Rocky Mountain Power’s Petition for Approval of an Extension of the 2020 Inter-Jurisdictional
Allocation Protocol; Case No. PAC-E-23-13.
3. Action Item: Claire Sharp’s August 24, 2023, Decision Memorandum re: In the Matter of Falls
Water Co., Inc.’s Application for the Authority to Increase Its Rates and Charges for Water
Service in the State of Idaho; Case No. FLS-W-23-01.
4. Action Item: Claire Sharp’s August 24, 2023, Decision Memorandum re: In the Matter of
Intermountain Gas Company’s Request for Authority to Change Its Prices; Case No. INT-G-23-04.
Commissioner Anderson made a motion to approve Staff’s recommendations for Items 2, 3 and 4 under
the Consent Agenda. A vote was taken on the motion and it carried unanimously.
The next order of business was MATTERS IN PROGRESS:
5. Action Item: Claire Sharp’s August 24, 2023, Decision Memorandum re: In the Matter of
Island Park Water Company’s Failure to Comply with Idaho Public Utilities Commission
Reporting and Fiscal Requirements; Case No. ISL-W-23-01.
Ms. Sharp presented the Decision Memorandum and asked if the Commission wished to order the
Company to cease and desist from billing its customers out-of-cycle and including interest charges and
back-dated fees not allowed by the Company’s tariff.
Commissioner Hammond asked if the Company had responded to Staff’s August 22, 2023 written request
to restore access to the Company’s QuickBooks Accounting Software. Ms. Sharp stated that a response
had not yet been received. Commissioner Anderson asked if Staff had communicated with the
Company’s counsel on these matters. Ms. Sharp stated that the Company’s counsel had been included in
this communication.
Commissioner Anderson made a motion to order the Company to cease and desist from billing its
customers out-of-cycle and including interest charges and back-dated fees not allowed by the Company’s
tariff and to immediately restore Staff’s access to the Company’s QuickBooks Accounting Software. A
vote was taken on the motion and it carried unanimously.
The next order of business was FULLY SUBMITTED MATTERS:
6. Deliberation Memorandum re: In the Matter of Atomic Water Works, LLC’s Application for a
Certificate of Public Convenience and Necessity; Case No. ATW-W-23-01 [Claire Sharp, Attorney].

7. Deliberation Memorandum re: In the Matter of Gem State Water Company’s Application for
Approval of Acquisition of the Assets of the Water Business of Valiant Idaho, LLC; Case No. GSW-
W-23-01 [Claire Sharp, Attorney].
8. Deliberation Memorandum re: In the Matter of the Application of Avista Corporation for an
Accounting Order to Modify Its Power Cost Adjustment Mechanism to Account for Costs
Associated with Washington’s Climate Commitment Act; Case No. AVU-E-23-04 [Claire Sharp,
Attorney].
9. Deliberation Memorandum re: In the Matter of the Application of Avista Corporation for the
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-23-01 and AVU-G-23-01 [Chris
Burdin, Attorney].
10. Deliberation Memorandum re: In the Matter of Idaho Power Company’s Application for
Approval or Rejection of an Energy Sales Agreement with American Falls Reservoir District No. 2;
Case No. IPC-E-23-19 [Michael Duval, Attorney].
11. Deliberation Memorandum re: In the Matter of Electric Lightwave, LLC’s and Zayo Group,
LLC’s Joint Application for Approval to Assign the Certificate of Public Convenience and
Necessity Held by Electric Lightwave, LLC to Zayo Group, LLC; Case Nos. ELI-T-23-01 and ZAY-
T-23-01 [Michael Duval, Attorney].
Commissioner Anderson stated that Items 6, 7, 8, 9, 10 and 11 under Fully Submitted Matters would be
deliberated privately.
The next order of business was EXECUTIVE SESSION MATTERS:
12. Pending Litigation under Idaho Code § 74-206 (1)(f) re: Idaho Department of Environmental
Quality, Plaintiff, and Idaho Public Utilities Commission, Proposed Co-Plaintiff, vs. Island Park Water
Company, Inc., and Dorothy McCarty, Individually and in her Capacity as Owner of Island Park
Water Company, Inc., Defendants; Bonneville County Case No. CV10-23-3253.
Commissioner Anderson made a motion to adjourn into Executive Session and cited Idaho Code § 74-206
(1)(f). He stated the purpose of the Executive Session was to communicate with the Commission’s
counsel about pending litigation In the Matter of Idaho Department of Environmental Quality, Plaintiff,
and Idaho Public Utilities Commission, Proposed Co-Plaintiff, vs. Island Park Water Company, Inc., and
Dorothy McCarty, Individually and in her Capacity as Owner of Island Park Water Company, Inc.,
Defendants; Bonneville County Case No. CV10-23-3253. A role call was taken and the Commission
adjourned into Executive Session at 1:38 p.m. Commissioner Anderson reconvened the regular meeting
at 1:58 p.m.
Commissioner Anderson stated there was no further business before the Commission and the meeting was
adjourned.

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COMMISSION SECRETARY DATE OF APPROVAL