20030331min.doc

MINUTES OF DECISION MEETING
MARCH 31, 2003 – 1:30 P.M.

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

The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETINGS on March 3, March 10, March 14, and March 24, 2003. Commissioner Kjellander made a motion to approve the minutes, a vote was taken, and the minutes were approved.

The next order of business was approval of the CONSENT AGENDA, items 2—6. There were no questions or discussion. Commissioner Kjellander made a motion to approve the Consent Agenda. A vote was taken on the motion and it carried unanimously.

The next order of business was MATTERS IN PROGRESS:

Don Howell’s March 25, 2003 Decision Memorandum re: Qwest’s Application to Close Its Boise and Pocatello Customer Payment Centers. Case No. QWE-T-03-10.

Mr. Howell reviewed his Decision Memo. Commissioner Smith asked Staff if it opposed the waiver that Qwest had requested. Beverly Barker replied that the Commission was clear in its prior orders as to what it expected Qwest to do, and Staff thought it would be inappropriate to decide whether or not the Commission should stand by its prior orders. Ms. Barker said she had looked at a copy of the actual agreement signed by Commission Staff and Qwest, and it appears in her opinion that some of the information we had stipulated to at that point in time is probably no longer appropriate. She said some of the information, however, may be necessary in terms of use of payment centers by customers and what it is they do.

Commissioner Hansen stated that he is concerned about adopting Staff’s recommendation. He said we might receive comments back that are opposed to closing the locations, and if so, then the Commission will be at a disadvantage in making its decision without any data being collected and without really knowing the value of those centers. He said in the past the centers were extremely important to customers, and maybe that has changed, but he will have a hard time making a decision without receiving proper information and data. He said he is not impressed with the proposed walk-in payment locations proposed in Pocatello and Boise because they are not places where people shop and they are not convenient. He said he had expressed his concerns to Qwest earlier about getting good locations where people are apt to go to do their business. He said he has a hard time supporting the waiver because it gives the Commission very little information to go on.

Commissioner Smith said she shares some of the concerns expressed by Commissioner Hansen, but her approach would be to grant the waiver, process the matter under Modified Procedure, and after getting comments back, then make the determination whether we need additional information before we can either grant or deny the petition. She stated that until we hear people’s concerns, it isn’t clear what kind of information we need. She said as Staff has pointed out, some of the information that would have been required previously is not appropriate now. She commented that people paying their bills in cash probably do frequent the locations proposed by Qwest in Boise.

Commissioner Kjellander asked Ms. Barker if it would be possible to articulate which of the pieces of information are still relevant today so the company could begin to collect the data. Ms. Barker said that there are some things specified in the agreement that Staff has already decided they need to know and they will get it through a production request. She said Staff will also find out what kind of data Qwest already has at its disposal and if Staff believes the data is insufficient or unpersuasive, then Staff can file comments to that effect.

Commissioner Kjellander asked if the concerns about locations of the payment centers raised by Commissioner Hansen could be addressed through Modified Procedure. Ms. Barker said the locations have already been a subject of discussion between the Staff and Company, and the Company didn’t want to recommend additional sites until it had some indication from the Commission as to what its decision might be. She said she didn’t think the Company is opposed philosophically to acquiring additional locations that might be more appropriate.

Commissioner Kjellander stated he thought most of the concerns that had been raised could be accommodated if the Commission were to move things forward under Modified Procedure. He made a motion to put the matter out under Modified Procedure with the Staff’s recommendations about notice requirements. There was no further discussion. A vote was taken on the motion and it carried two to one, with Commissioner Hansen dissenting.

There were no further items on the agenda and Commissioner Kjellander adjourned the meeting.

DATED this _____ day of April, 2003.

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COMMISSION SECRETARY

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