20040217min.doc

IDAHO PUBLIC UTILITIES COMMISSION

MINUTES OF DECISION MEETING

FEBRUARY 17, 2004 – 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 February 3rd and February 9th, 2004. Commissioner Kjellander moved for approval of the minutes. A vote was taken and the motion carried unanimously.

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

The next order of business was MATTERS IN PROGRESS:

John Hammond’s February 13, 2004 Decision Memorandum re: In the Matter of the Applications of Nextel Partners and Clear Talk that Seek Designation as Eligible Telecommunications Carriers, Case Nos. GNR-T-03-08 and GNR-T-03-16.

Mr. Hammond reviewed his Decision Memo. There was no discussion and no objection to the Motions to Take Official Notice. Commissioner Kjellander moved for approval to grant both motions. A vote was taken and the motion carried unanimously.

Woody Richards, attorney for ITA and Citizens Telecommunications Company, noted there was another Joint Motion to Take Official Notice before the Commission and he questioned whether it was also on the agenda. Mr. Hammond confirmed that it was not on the agenda at this point but was filed recently on February 12th, 2004. He noted Staff is allowing time for parties to respond and then it will be on the agenda.

Joe Miller, attorney for Nextel, stated that in order to speed things up, he had no objections to the Second Motion of ITA and Citizens, and from their point of view, he didn’t see any need for it to come back onto the agenda.

Commissioner Kjellander stated he had not reviewed that specific Motion but will note Mr. Miller’s comments when the Commission is prepared to deal with it.

Mr. Miller stated that the question people had been discussing was whether in light of the granting of these motions if there should be any further evidence or briefing. He said in their view, they didn’t see a need for any additional evidence and if parties do want to submit some sort of written comment, then it should be done quickly—i.e. within seven days—and then the record would actually be finally closed.

Commissioner Kjellander thanked him for his input. Commissioner Kjellander stated that per PUC procedure, any party can submit a Motion, and so far he hadn’t seen a Motion to re-open, and until we do, it seemed premature to discuss the issue.

Commissioner Smith stated that the parties should feel safe that no final order would be issued in seven days, so if they choose to file something, then the Commission will consider whatever comes in. There was no further discussion.

Scott Woodbury’s February 12, 2004 Decision Memorandum re: Certificate Amendment—Idaho State Veterans Cemetery, Case No. EAG-W-04-1 (Eagle Water).

Rick Sterling reviewed the Decision Memo. Commissioner Hansen made a motion to approve the Certificate amendment. Commissioner Kjellander asked how the existing Dry Creek Cemetery gets water service. Mr. Sterling replied that it is served by irrigation water from the canal. There was no further discussion. A vote was taken on the motion and it carried unanimously.

Wayne Hart’s February 13, 2004 Decision Memorandum re: CenturyTel Tariff Advice Introducing the Select-Pak Package of Services and Renaming and Grandfathering Simple Choice Packages. Tariff Advices: CenturyTel of Idaho 2004-01 and CenturyTel of the Gem State 2004-02.

Wayne Hart reviewed his Decision Memo. Commissioner Smith stated that recently there has been some concern among some Legislators regarding the ability of our telephone companies to bundle services under the existing statutes. She said she would be happy to move for the approval of this item and note that indeed services can be bundled under the existing state law. There was no further discussion. A vote was taken on the motion and it carried unanimously.

There were no further matters before the Commission and Commissioner Kjellander adjourned the meeting.

DATED this ______ day of February, 2004.

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ASSISTANT COMMISSION SECRETARY

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