20011018.min.doc

MINUTES OF DECISION MEETING
OCTOBER 18, 2001

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

Commissioner Kjellander called the meeting to order. The first order of business was approval of items 1 – 5 on the CONSENT AGENDA. Commissioner Smith had a question on number 2 on whether any email comments were filed. Mr. Woodbury replied no.

There was no further discussion and the Consent Agenda items were approved.

The next order of business was MATTERS IN PROGRESS.

Scott Woodbury’s October 16, 2001 Decision Memorandum re: Complaint by Shadow Mountain Estates LLC – Eligibility for Line Extension Refunds. Case No. IPC-E-01-29 (Idaho Power).

Mr. Woodbury reviewed the Decision Memorandum. Commissioner Hansen commented that all applications should be governed and administered under the rules that are in effect when the application was received and thought that in this case it was done. He thought Shadow Valley understood, and Idaho Power had done a good job of explaining it to them. His concern was that if we deviate from the rules, it might set a bad precedence in the future. Commissioner Hansen said the rules should stand as it is and would be inclined to deny Shadow Valley’s eligibility for line extension refund.

Commissioner Smith agreed with Commission Hansen that our accounting procedures indicate that the treatment of the applicant is determined at the time when the application is filed, and they would have to go back and change the accounting. Commissioner Smith said it has always been the intent that the time when the application is filed is when the status of the project is determined and that is when the obligations and duties of each of the parties is established. To come back two years later and change that would invite every applicant who thought they had a change to come before us. For administrative simplicity, she believed that our line extension costs do not collect the full cost of the investment that the companies make. It is certainly fair to treat them they way it was established two years ago.

Commissioner Kjellander asked if there was further discussion or comment. Commissioner Hansen moved that Shadow Valley be denied their line extension refund request. A vote was taken and the motion carried unanimously.

Next item for discussion is number 7. Commissioner Kjellander noted that this item would be held until a later date. He then adjourned the meeting.

DATED this _______ day of October, 2001.

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ASSISTANT COMMISSION SECRETARY