20001030.min.doc

MINUTES OF DECISION MEETING
OCTOBER 30, 2000 – 1:30 P.M.

In attendance were Commissioners Dennis Hansen, Marsha Smith, and Paul Kjellander.

Commissioner Hansen called the meeting to order. The first item on the agenda was APPROVAL OF MINUTES of the October 10, 16, and 20, 2000 Decision Meetings. Commissioner Hansen moved for approval of the minutes and the motion carried unanimously.

Next to be considered were matters on the CONSENT AGENDA, items 2 – 5. Commissioner Hansen asked if there were any questions or discussion on any of the items. There was none. Commissioner Hansen moved for approval of the Consent Agenda items according to Staff’s recommendations. The motion carried unanimously.

MATTERS IN PROGRESS

6. Scott Woodbury’s October 26, 2000 Decision Memorandum re: Schedule 86-Non-Firm Energy Agreement (200 kW) Rim View Trout Company-Gooding County, Idaho. Case No. IPC-E-00-16.

Scott Woodbury reviewed his Decision Memorandum explaining Idaho Power’s request for Commission approval of Tariff Schedule 86--Non-Firm contract with a PURPA-qualified small power producer, Rim View Trout Company, to be effective November 1. He noted Idaho Power requested Commission approval of the expense as prudently incurred for the purpose of ratemaking. He stated that Staff recommended that the Commission approve the contract and submit the proposed order for Commission consideration and review. Commissioner Smith asked if the Order was necessary since the company had simply requested a letter acknowledging receipt from the Commission Secretary. Mr. Woodbury stated he had discussed the matter with Bart Kline, Idaho Power’s attorney. He said that he felt that because Idaho Power is asking for an expressed finding or ruling as to the expense being prudently incurred that an Order would be indicated and is normally the way the PUC has handled Schedule 86 contracts in the past. He explained that in the Underlying Schedule 86 Uniform Agreement, paragraph 8, it states the “agreement shall not become effective until the Commission approves all terms and provisions hereof without change or condition and declares that all payments to be made hereunder shall be allowed as prudently incurred expenses for ratemaking purposes.” Following the explanation, Commissioner Smith moved for approval of the Agreement before them. The motion carried unanimously.

MATTERS IN PROGRESS

Scott Woodbury’s October 26, 2000 Decision Memorandum re: Backbone Plant Agreement-Harris Ranch. Case No. UWI-W-00-04.

Mr. Woodbury reviewed his Decision Memorandum. He said the company claims there is no opposition to the Application and staff has no objections to the expedited treatment. Commissioner Kjellander questioned the company’s claim that there are no objections--how would the company know if there aren’t any objections since the matter hasn’t been filed publically? Mr. Woodbury replied that he thought the matter had been discussed at a recent meeting with Barber Water customers, who have been concerned as to how waters are being used and what the impact of Harris Ranch Development will be. Commissioner Hansen clarified that the company is asking that the request be processed under Modified Procedure with a 14-day comment period. He moved that the matter be processed pursuant to Modified Procedure per Staff’s recommendation. There was no further discussion and the motion carried unanimously.

RULEMAKING

8. Don Howell’s October 27, 2000 Decision memorandum re: Proposed Amendments to the Commission’s Safety and Accident Reporting Rules, Case No. 31-1101-0001.

Don Howell reviewed his Decision Memorandum regarding the Proposed Amendments. He noted the Commission had requested comments be submitted no later than October 25, 2000 but no comments were received. He stated the matter was now before the Commission for final adoption of the proposed rules as pending rules. Commissioner Hansen asked if there was any discussion. Being none, he moved adoption of the proposed rules as pending rules. The motion carried unanimously.

9. Bev Barker’s October 27, 2000 Decision Memorandum re: Proposed Revisions to Telephone Customer Relations Rules (IDAPA 31-41-01.000 et seq.). Case No. 31-4101-0001.

Bev Barker reviewed her Decision Memorandum and noted comments had been received from the Commission Staff, Verizon and Qwest. She stated Qwest generally supported the proposed amendments and Verizon had some substantive comments on individual rules as covered in her Decision Memo. She recommended that the Commission adopt the proposed rules with the Staff’s recommended amendments. Commissioner Hansen asked if there was any discussion or questions. Being none, he moved that Staff’s recommendation to adopt the proposed rule changes be approved as well as the additional change to Rule 302. The motion carried unanimously and the meeting was adjourned.

Dated at Boise, Idaho this 5th day of December, 2000.

Jean D. Jewell
Commission Secretary