20010416.min.doc

MINUTES OF DECISION MEETING
APRIL 16, 2001 - 1:30 PM

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

Commissioner Kjellander opened the meeting. The first order of business was approval of items 1—5 on the CONSENT AGENDA. Commissioner Kjellander asked if there were any questions or discussion on any of the items. Commissioner Smith stated that she had concerns about item 4, and Commissioner Hansen stated discussion was needed on item 5. Commissioner Kjellander made a motion to pull items 4 and 5 to be considered separately and approve with Staff's recommendations items 1—3 on the Consent Agenda. A vote was taken on the motion and it passed unanimously.

Regarding item 4: Doug Cooley's April 11, 2001 Decision Memorandum re: Revisions to Rural Telephone's Local Access Tariff Adding Call Blocking Features, Commissioner Smith said that customers shouldn't have to pay to block a service they didn't order in the first place, and she was concerned that Rural Telephone was charging for 900 Blocking. She noted that the Commission had already established rules for 900 # blocking in previous cases. She made a motion to approve Rural Telephone Advice 01-01 with the exception that the 900 blocking feature either be at no charge or the company must submit some type of amendment that allows customers at least once each year or when they initiate service to choose 900 blocking with no charge. There was no discussion on the motion. A vote was taken on the motion and it carried unanimously.

Commissioner Hansen stated he had a change to make regarding item 5: Don Howell's and David Hattaway's April 16, 2001 Decision Memorandum re: Calculating the 2001 Regulatory Fee Assessments for Public Utilities and Railroads. Case Nos. F-2001-1 and F-2001-2. He stated the Commission did not collect the entire railroad assessment last year so there needed to be a change in calculations, increasing the railroad assessment by approximately $37,000 and reducing the utilities assessment by $37,000 in order to offset and cover the under collection of $37,000. He made a motion to approve the item with the changes in calculations. Commissioner Smith said she supported the motion. A vote was taken and it passed unanimously.

The next order of business was MATTERS IN PROGRESS. Commissioner Kjellander noted that item 7 had been pulled at the request of the company and it may or may not be considered at a future date.

Joe Cusick's April 10, 2001 Decision Memorandum re: Complaint Against Qwest's Billing Practices by Bob Jessen.

Mr. Cusick reviewed his Decision Memorandum. Commissioner Smith made a motion that Staff ask the company for a written response to Mr. Jessen's letter before the PUC takes action on the matter. She said she would appreciate hearing from the company whether it believes there would be any negative impact from the billing change proposed by Mr. Jessen. She said Staff should not make it a formal complaint with a summons but simply ask the company to respond. There was no further discussion. A vote was taken on the motion and it passed unanimously.

John Hammond's April 12, 2001 Decision Memorandum re: In the Matter of Power Development Associates, LLC's Petition to Intervene into Case Nos. IPC-E-01-2 and IPC-E-01-8 and Idaho Power's Motion in Opposition to These Petitions.

Mr. Hammond reviewed his Decision Memorandum. Commissioner Smith stated the Commission has a longstanding practice of liberally allowing interventions, knowing its duty in every case is to confine the case to the matters at hand and not allow the subject matter to be broadened beyond the scope of the proceeding. She said that as a developer in Idaho, the petitioner does have a direct and substantial interest. She said she would be in favor of granting the Petitions to Intervene with some very strong language indicating that the PUC is well aware of the scope of the proceedings and it doesn't include anything to do with any specific project at any particular location and that nothing related to any dispute would be allowed to interfere, prolong or expand the proceedings. Commissioner Smith said she could make these comments her motion if there was no further discussion. Commissioner Kjellander said he agreed with Commissioner Smith's comments and wanted to emphasize her point about keeping comments relevant to this specific case and not using the proceedings as a forum for a drawn out, protracted discussion in an area over which the PUC has no jurisdiction. Commissioner Hansen said he has a hard time seeing the total relationship in this particular issue. He said he tends to see Idaho Power's point but it probably wouldn't hurt to be on the more liberal side to make sure everyone gets their fair shot, so he was supportive of it. There was no further discussion. A vote was taken on the motion and it carried unanimously.

9. Michael Fuss' April 13, 2001 Decision Memorandum re: Avista Utilities Tariff Advice No. E-01-01—Electric Energy Efficiency Programs Tariff Schedules 90 and 91.

Mr. Fuss reviewed his Decision Memorandum. Commissioner Hansen said that based on testimony the Commission has received at hearings there is definitely a desire and need for more funding for energy efficiency. He made a motion to accept Staff's recommendation to suspend the proposed May 2nd effective date, move ahead and process the case under modified procedure with a comment deadline of May 30th. There was no further discussion. A vote was taken on the motion and it passed unanimously.

10. Michael Fuss' April 13, 2001 Decision Memorandum re: Pacificorp's Tariff Advice No. 01-04: Modification of Schedule 71—Energy Exchange (Internet Auction) Program.

Mr. Fuss reviewed his Decision Memorandum. He noted that with energy prices as high as they are, programs such as this one, which are voluntary and can reduce load at the customer's choice, should be implemented. There were no comments or discussion. Commissioner Hansen made a motion to approve the matter with Staff's recommendations. A vote was taken on the motion and it passed unanimously.

Commissioner Kjellander than adjourned the meeting.

Dated this ______ day of May, 2001.

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COMMISSION SECRETARY
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