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Minutes of Decision Meeting
November 26, 1990 - 1:30 p.m.
In attendance:
Commissioners Joe Miller, Perry Swisher and Ralph Nelson; staff members Mike Gilmore, Don Howell, Lori Mann, Bob Horton, Tonya Clark, Bob Smith, Birdelle Brown, Bev Barker, Gary Richardson, Stephanie Miller, Marsha Smith, Lynn Anderson and Myrna Walters.
Items from the November 26, 1990 Agenda were discussed as follows.
1. Case No. 31.D-R-89-1--Rulmaking Concerning Operator Service Providers and Pay Telephones.
Decision was to defer this until after December 16 until after a decision is made in the FCC case. Letters will be sent to those who commented. **Will hold John Centa's comments.
Mike Gilmore will do the letter.
**Commissioner Swisher commented that the Commission should lend its support to any effort that is made to get meaningful maximum fines in the courts with respect to overloads (by truckers).
Tonya Clark said she thought the loggers were going to try to get something on that. Think they are going to run that as part of their package. Thought a better bill would be the association putting it in the code, taking it away from the judges. She will keep an eye on any activities in the area legislatively.
2. Don Howell's November 16, 1990 Decision Memorandum re: Disposition of Future Revenue Sharing Funds, Case No. MTB-T-90-4.
Commissioner Miller asked if this was the case for future revenue sharing? Asked Don Howell what the case was - Sub No. 4?
Don Howell explained.
Commissioner Nelson said he thought we should get this case behind us rather than carrying it forward. Don't mind assembling some people to look at disposition of funds, but think the revenue needs to go back to the people.
Commissioner Miller said he is getting more worried about people laying claim to that fund. That would make it even more difficult to change it.
Commissioner Swisher said he didn't think you want to turn this into a legislative thing.
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Don Howell said only two parties filed comments in this case. There wasn't even anything to dump into another case. Said he wants to close this case when we issue the Phase I revenue sharing order this week.
Commissioner Miller said he would also like to not open something else up at this time.
Decision: Close out the Sub No. 4 case.
3. Lori Mann's November 20, 1990 Decision Memorandum re: Mud Lake Telephone Cooperative; Case No. MLC-T-88-1.
Commissioner Miller asked if we should give them the certificate?
Lori Mann said Lynn Anderson wants to check the territory out completely.
Commissioner Swisher asked Lynn Anderson how long it will take to check this out?
Lynn Anderson said it could take any where from an hour or two to a couple of weeks.
Decision: Check it out and then issue certificate.
**Belinda Anderson was in attendance at this time.
4. Lori Mann's November 20, 1990 Decision Memorandum re: Application of Transport Motor Line, Inc.; Case No. M-7639-2.
Commissioner Miller said he thought we should wait for the 14 days to see if there is a response from Transport.
Mike Gilmore suggested setting it up to approve it if nothing comes in.
Decision: If nothing has happened by next Monday, send over the order. Be sure it says dismissed without prejudice.
5. Tonya Clark's November 21, 1990 Decision Memorandum re: Union Pacific's $50.00 Surcharge for Using Local Agents.
Tonya Clark explained where they are charging. Listed the towns. Also listed the towns were the surcharge is planned in the future.
Said they removed Boise and Emmett. She checked with Charlie Clark about backing off on it. He said no chance.
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Marsha Smith asked if it was discrimination?
Commissioner Swisher said they are shutting out the Nampa Division on December 3. Said they will now loose freight. Said he wondered about a Show Cause Order.
Tonya Clark asked if the Nampa situation is a defiance of a Commission order?
Mike Gilmore said he thought Commission could do it on a place where they are supposed to have an agent.
Commissioner Swisher asked if the Staggers Act was that all inconclusive?
Mike Gilmore said he thought the $50 tariff should be left alone.
Commissioner Miller said he wondered if we shouldn't complaint to the ICC? Asked if we couldn't find a shipper on this?
Don Howell suggested a letter to their solicitor asking for justification for this $50 charge.
Commissioner Swisher said he thought the concern was track abandonment.
Tonya Clark asked Commissioner Miller if his preference wasn't a shipper complaint?
Commissioner Miller said he thought a shipper complaint would carry more weight.
Commissioner Miller said when they actually close Nampa we will have to decide what to do then.
Mike Gilmore asked if there are others that they have closed?
Tonya Clark said we don't know until someone complains.
Mike Gilmore suggested having someone in transportation call the agents.
Commissioner Miller said you do just wonder if the railroad is just bigger than us and they are ultimately going to win and our efforts to keep these agencies open are just a minor irritant.
Commissioner Swisher said you don't know. If you are on good grounds and your option is being a good guy, you continue to fight. Agree that we cannot run this railroad but agree no one else is running it.
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Don Howell said he thought someone in Omaha saw this as a way to make money.
Commissioner Miller said or they may think our hearts are hardened against them, why try again?
Commissioner Swisher said when you stick to your position and you stick to it long enough, sometimes you win.
Tonya Clark asked if Commission should file a complaint or get a shipper?
Commissioner Miller suggested getting shipper but also find out what we need to do.
Mike Gilmore suggested saying what other agents are gone.
Discussed Show Cause versus Court Action.
Commissioner Miller asked what injunction authority we have in this matter? That would be another way to go. Trouble with waiting for it to close, its at that point philosophical. No value to the public.
Asked Mike Gilmore to check into that.
6. Regulated Carrier Division Agenda dated November 26, 1990.
Approved.
Meeting adjourned.
DATED at Boise, Idaho this day of January, 1991.
PRESIDENT
COMMISSIONER
COMMISSIONER
ATTEST:
Commission Secretary
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