20030818min.doc

MINUTES OF DECISION MEETING
AUGUST 18, 2003 – 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 the CONSENT AGENDA, items 1—5. There was no discussion. Commissioner Kjellander made a motion to approve the Consent Agenda. A vote was taken and the motion carried unanimously. (Note: On September 29, 2003, the Commission reconsidered item 5. See minutes for September 29th, item 7.)

Commissioner Kjellander noted that item 6 would be considered later in the agenda under the category of RULEMAKING, so the next order of business was the consideration of item 7 under MATTERS IN PROGRESS:

Bev Barker’s August 15, 2003 Decision Memorandum re: Verizon Report and Request for Continuing Waiver, Case No. VZN-T-01-08.

Ms. Barker reviewed her Decision Memo. There was no discussion. Commissioner Kjellander made a motion to approve continuation of the exemption and take Staff’s recommendation that an update be filed on September 19, 2006. A vote was taken on the motion and it carried unanimously.

Birdelle Brown’s August 15, 2003 Decision Memorandum re: Idaho Universal Service Fund – 2003 Annual Report.

Commissioner Kjellander made a motion to approve option 2 as it was presented in the Decision Memo. There was no discussion. A vote was taken on the motion and it carried unanimously.

The final order of business was RULEMAKING:

Bev Barker’s August 14, 2003 Decision Memorandum re: Proposed Revision to the Utility Customer Relations Rules (IDAPA 31.21.01).

Ms. Barker reviewed her Decision Memo. Commissioner Kjellander asked for clarification regarding late payments and residential customers’ ability to get their deposits back. Ms. Barker replied that Avista is proposing that once customers have had to pay a deposit, they must demonstrate timely payment habits before they can get their deposits back.

Commissioner Hansen asked if we have been having problems with the rules and why there is a need to change them. Ms. Barker replied that some of the references in the rules are obsolete because statutes have changed and there are some cases where the companies and the staff are unclear on the application of the rules, so there was a mutual understanding that revisions were needed to make things more clear to everybody. She said other changes are substantive and are a result of the companies arguing there should be different criteria spelled out in the rules.

Commissioner Smith made a motion that we send the rules out for comment with the change Staff requested, striking item c. in Rule 206, and incorporating the change in Rule 107 as proposed by Avista and the change requested by Idaho Power Company in Rule 304.02.

Commissioner Kjellander stated that he had some concerns about Idaho Power’s proposed revision. He stated that the proposed revision would give the company the ability to just send out a written notice and then their obligation would be complete. He said that is clearly a departure from what we have now and he wanted to know if that is the direction we want to move in. He said it seems to him we are giving too much discretion to the utility as opposed to ensuring the customer has every opportunity to be notified of eminent disconnection. Commissioner Kjellander made an alternative motion, keeping the change Staff requested and the change proposed by Avista but striking the change requested by Idaho Power.

Commissioner Kjellander asked for a vote on the motion. A vote was taken and it carried unanimously.

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

DATED this _____ day of August, 2003.

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COMMISSION SECRETARY

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