HomeMy WebLinkAbout19980424Order No 27485.doc BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF FILER MUTUAL TELEPHONE COMPANY FOR DISBURSEMENTS FROM THE IDAHO UNIVERSAL SERVICE FUND.
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CASE NO. FIL T 97 1
ORDER NO. 27485
On December 31, 1997, Filer Mutual Telephone Company (Filer Mutual; Company) filed a Petition for Reconsideration of the Commissions final Order No. 27249 issued in this case on December 12, 1997 resolving Filer Mutuals Application for disbursements from the Idaho Universal Service Fund.
In its Petition, Filer Mutual argues that the Commissions decision to allow the Company an overall return of 10% but limited to 60% of Filer Mutuals current rate base is arbitrary and capricious. Filer Mutuals second concern involves the net loss in intrastate access charge revenue attributable to the implementation of EAS. Although the Commission accepted the estimated annual loss presented by Filer Mutual, the Company notes that the actual lost access charge data since EAS implementation in September 1997, results in a greater loss than it had estimated. It asks the Commission to reassess Filer Mutuals potential USF entitlement based on this updated data.
On January 27, 1998, the Commission issued Order No. 27314 granting Filer Mutuals Petition for Reconsideration on the issue of whether the Commission erred in limiting Filer Mutuals return to 60% of the Companys current rate base in calculating its USF entitlement. The Commissions Order denied Filer Mutuals petition concerning estimated lost access charge revenues. The Commission found that there is insufficient actual data to justify reevaluating these lost revenues. Moreover, the Commission noted that the actual data available is based on the time period immediately following the implementation of EAS and near or during the holiday season; both factors which are likely to influence call volume.
On April 3, 1998, Filer Mutual submitted comments stating that although it believes the Commissions Order was incorrectly decided on the law and the evidence presented in this preceding, nonetheless, given the current Idaho Universal Service Fund threshold which has been recognized by the Commission in other cases, it is apparent that those portions of Commission Order No. 27249, which Filer has objected to through its Petition for Reconsideration have been entirely mooted. Comments at p. 2. Filer concludes that on that ground, it would be appropriate for the Commission to rescind and withdraw those portions of Order No. 27249 to which Filer requested consideration. Id. Filer believes that the Commission should simply rule that such issues, and the basis for any ruling thereon, have become moot and need not be decided now.
FINDINGS
Idaho Code 61-626 requires that the Commission issue a final order on Filer Mutuals Petition for Reconsideration no later than May 1, 1998. We find that it would not be appropriate to simply withdraw those portions of the final order that Filer Mutual finds objectionable on the basis of mootness, as the Company suggests. We note that Order No. 27249 does not specifically address the issue of intrastate access charge revenue loss and that the removal of the estimated revenue loss from the Appendix would leave it incomplete. In addition, the issue of return on investment was of primary importance in this case and to withdraw the portion of Order No. 27249 relating to that issue would leave the Order silent on that issue. Both of the issues raised for reconsideration rely on data that will change over time. The Company can raise these issues again in the future with more current information and the Commission at that time will rule on the basis of the evidence presented.
We hereby affirm the findings contained in Order No. 27249 issued in this case on December 12, 1997. We specifically recognize, however, the right of Filer Mutual to file an application with this Commission in the future addressing the same issues raised in the Companys Petition for Reconsideration should it so desire.
O R D E R
IT IS HEREBY ORDERED that the findings of Order No. 27249 issued in this case on December 12, 1997, are affirmed.
THIS IS A FINAL ORDER ON RECONSIDERATION. Any party aggrieved by this Order or other final or interlocutory Orders previously issued in this Case No. FIL-T-97-1 may appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law and the Idaho Appellate Rules. See Idaho Code 61-627.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of April 1998.
DENNIS S. HANSEN, PRESIDENT
RALPH NELSON, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
vld/O:FIL-T-97-1.bp4
ORDER NO. 27485 -1-
Office of the Secretary
Service Date
April 24, 1998