19901119.docx

Minutes of Decision Meeting
November 19, 1990 - 1:30 p.m.
In attendance:
Commissioners Joe Miller, Perry Swisher and Ralph Nelson; staff members Mike Gilmore, Brad Purdy, Don Howell, Bob Smith, Stephanie Miller, Birdell Brown, Madonna Faunce, Marsha Smith, Gary Richardson and Myrna Walters.
Items from the November 19, 1990 Decision Meeting Agenda were discussed as follow.
1.  Mike Gilmore's October 26, 1990 Decision Memorandum re:  Case No. 31.D-R-89-1--Rulemaking Concerning Operator Service Providers and Pay Telephones.
Held at this time.
2.  Brad Purdy's November 6, 1990 Decision Memorandum re:  Larry Jackson Complaint.
Dismissed, with prejudice.  All commissioners agreed.
3.  Brad Purdy's November 6, 1990 Decision Memorandum re:  UPL-E-90-1--Application of Utah Power & Light Company for Approval of Proposed Rate Reduction.
Does the Commission wish to accept Staff's Motion to admit Revised Staff Exhibit No. 110-A into the docket
Response was yes.
4.  Brad Purdy's November 7, 1990 Decision Memorandum re:  ATL-E-90-1  Atlanta Power Company's Application for Authority to Rebuild Kirby Dam.
Commissioner Miller said he would amend the order to include the verbal ruling at the hearing.  Do clean up the language, though.  They did have intervenor status - reiterate that.
5.  Don Howell's November 15, 1990 Decision Memorandum re:  Dravo's Motion to Amend its Answer in Case No. SIL-T-90-1.
Don Howell said heres how he thinks it would ultimately turn out.  We have the exchange map and there may be some question as to where the southern boundary is.  Whichever line you use the facility is still inside the service territory as defined by the map and McFadden wants to argue that the actual written certificate is ambiguous as to
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service territory.  Said his feeling is even though there is an ambiguous certificate you have an exchange map that is part of the tariff and it has been approved, the map defines the service territory.  Said the tariff says:  the company will  provide local service to end users within the boundaries of the company.  Later on there is this map that defines the exchange boundaries.  Seems to him that is where the company is serving.  If it were the other way around and the company said we do not want to serve, we would say you will.
Commissioner Nelson said there is an area that is certificated but not served.
Commissioner Miller said the way he is looking at it is we don't let them open up the question of whether it is certificated or not.  It is clearly within the certificated area of the company.
Don Howell said where McFadden is coming from is the wording is ambiguous.
Commissioner Miller said he thought the map has pinned it down.  Said our position is the map is part of the tariff.
**Bev Barker was in attendance at this time.
Don Howell explained the history.
Commissioner Nelson said to do what they wanted to do they should have filed for amendment.
Decision was to deny Dravo's Motion.
EXTRA ITEM - Motion to Vacate Hearing in MTB-T-90-3.
Commissioner Miller said the long and short of it is we don't have any real opposition.
Don Howell said he agreed.
Commissioner Miller asked about rescheduling for January 9 and 10.
Don Howell said staff concern is the same as theirs, they want to turn it around quickly as we do.
Decision was to grant motion for extension.
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Meeting adjourned.
        DATED at Boise, Idaho this       day of January, 1991.

PRESIDENT

COMMISSIONER

COMMISSIONER
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Commission Secretary
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