20020617-min.doc

MINUTES OF DECISION MEETING
JUNE 17, 2002 – 1:30 P.M.

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 1-8 on the CONSENT AGENDA. Commissioner Smith moved for approval of the Consent Agenda items as long as there was agreement that “trouble isolation” as mentioned in item 1 is a regulated service. There was no discussion on the motion. A vote was taken and it carried unanimously.

The next order of business was MATTERS IN PROGRESS:

Birdelle Brown’s June 13, 2002 Decision Memorandum re: Idaho Telephone Service Assistance Program (ITSAP) Funding Needs.

Ms. Brown reviewed her Decision Memo. Commissioner Kjellander asked how much the surcharge had been before it was lowered to $0.05 per customer per month to reduce the surplus balance. Ms. Brown confirmed that the surcharge had been $.13 per month. Commissioner Hansen commented that the request to raise the surcharge to $.10 per month was reasonable and needed. He made a motion to accept Staff’s recommendation to increase the surcharge to $.10 per line per month. A vote was taken and the motion carried unanimously.

Scott Woodbury’s June 14, 2002 Decision Memorandum re: Order No. 29029—QF Size and Contract Length, Idaho Power/Avista Motions to Stay Entitlement to Rates. Case No. GNR-E-02-1.

Mr. Woodbury reviewed his Decision Memo. Commissioner Kjellander noted that in addition to the comments mentioned in the Decision Memo, faxed comments had also been received from Plummer Forest Products and Jane Gorsuch of Intermountain Forest Association. Mr. Woodbury added that Plummer Forest Products has an existing facility in Plummer and has had great difficulty in securing a contract for their project. He said they don’t believe that the utilities take them seriously or treat them with respect, and they believe that through continued legal maneuvering the utilities hope to outlast the QFs. Mr. Woodbury said Intermountain Forest Association’s comments support Staff’s recommendation and support the establishment of a separate docket for developing an inquiry into the reasonableness of the variables that have been established.

Commissioner Smith said that on the agenda, the issue is the Motions to Stay, but the Commission has also received Petitions for Reconsideration. She asked what the game plan is for fitting it all together. Mr. Woodbury said the time period hasn’t run on cross petitions for Avista’s Petition for Reconsideration, so he intended to put the reconsideration issue before the Commission at the next decision meeting. He said he thought the Motions to Stay could be handled separately. Commissioner Smith asked if the Motions to Stay were time sensitive—i.e. does the law require the Commission to make a decision on a Motion to Stay within a certain period of time, and if so, have we reached that time period. Mr. Woodbury said there are no time constraints.

Commissioner Smith said she could see an inter-relationship between the requests for Stay and the Petitions for Reconsideration and allegations about whether avoided costs are right on or way off. She recommended that the Commission consider them all together. She said if there is no irreparable harm caused by a one-week slip in deciding the Motions to Stay, she would like to consider all of them together at the next meeting.

Commissioner Kjellander said he supported the motion because it seemed awkward to open a new docket on specific issues while there is still a Petition for Reconsideration before the Commission. There was no further discussion. A vote was taken on the motion and it carried unanimously.

Terri Carlock’s June 13, 2002 Decision Memorandum re: Atlanta Power Company’s Request to Enter Into a Promissory Note for $34,000. Case No. ATL-E-02-1.

Ms. Carlock reviewed her Decision Memo. There were no questions or comments. Commissioner Kjellander moved for approval of the Promissory Note with the conditions outlined in the Decision Memo. A vote was taken and the motion carried unanimously.

Commissioner Kjellander stated that the only other matter on the agenda was under FULLY SUBMITTED MATTERS and the Commission would deliberate on it privately. He then adjourned the meeting.

DATED this _____ day of June, 2002.

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COMMISSION SECRETARY

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