HomeMy WebLinkAbout20030929min.docMINUTES OF DECISION MEETING
SEPTEMBER 29, 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 MINUTES FROM PREVIOUS MEETINGS on September 17, 2003. Commissioner Kjellander made a motion to approve the minutes. A vote was taken on the motion and it carried unanimously.
The second order of business was approval of the CONSENT AGENDA, items 2—6. There was no discussion. Commissioner Kjellander made a motion to approve items 2—6. A vote was taken on the motion and it carried unanimously.
The next order of business was MATTERS IN PROGRESS:
Don Howell’s September 15, 2003 Decision Memorandum re: United Water’s Tariff Advice Reflecting an Increase in the Franchise Fee Assessed by the City of Boise from 3% to 4%.
Mr. Howell reviewed his Decision Memo. Commissioner Smith stated that the Commission needed to correct its previous error in not noticing the incorrect request for “approval” as opposed to “acceptance” of the franchise fee for filing. She said even in light of the fact that we only accept them and don’t approve them, she felt strongly that we have a duty to the ratepayers not to simply put charges in the tariffs and on the bills just because the parties say they belong there as franchise fees. She stated the parties apparently don’t feel the PUC is the right entity to interpret the sections of statute that are listed in Mr. Howell’s memo, even though we have apparently interpreted statutes outside of Title 61 and 62 for other matters. She stated she is prepared to respect the wishes of the parties in this matter and decline to interpret these statutes by ourselves, but out of duty to the ratepayers in the City of Boise, she requested that the parties go to whatever entity they feel is correct—i.e. state district court—to receive a declaratory ruling that indeed the franchise fee is lawfully adopted by the city and therefore should be passed on to the ratepayers. She said that in the meantime, she was prepared to make a motion that we approve the implementation of the requested franchise fee but do so subject to refund, and if the parties have not brought to the Commission the requested declaratory ruling that the franchise fee is indeed lawfully adopted by the City of Boise, then at that time the PUC will move to order refunds back to the customers. Commissioner Smith stated that since she couldn’t be certain of the timeline required to move matters through District Court, she suggested a period of one year, and if within one year the parties have not brought back a ruling of the appropriate entity stating that the franchise fee is lawfully adopted, then she suggested the Commission give refunds back to the people of the City of Boise for the extra 1% that is in question here.
Commissioner Hansen stated he agreed with Commissioner Smith and thought she had made a good motion. He asked if the refund, if it were to come about, would also be subject to interest. Commissioner Smith said she didn’t anticipate interest and the manner in which the money goes back to the customers should be addressed at the time because there could be a number of different methods to refund it—i.e. the franchise fee could be rolled back from 3% to 2% for a year or we could try to make each customer whole, although that could be administratively difficult. There was no further discussion. A vote was taken on the motion and it carried unanimously.
The final order of business was RULEMAKING:
Don Howell’s September 26, 2003 Decision Memo re: Updating the Commission’s Railroad Safety Rules, Docket No. 31-7103-0301.
Mr. Howell reviewed his Decision Memo. There was no discussion. Commissioner Kjellander made a motion to accept the rule as a pending rule and move it forward appropriately. A vote was taken on the motion and it carried unanimously.
The only other items on the agenda were under the category of FULLY SUBMITTED MATTERS, and Commissioner Kjellander stated the Commission would deliberate on those privately. He then adjourned the meeting.
DATED this ______ day of September, 2003.
_______________________________________
COMMISSION SECRETARY
1