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HomeMy WebLinkAbout19901226.docx MINUTES OF DECISION MEETING December 26, 1990 at 1:30 p.m. In Attendance: Commissioners Miller and Nelson; staff members Don Howell, Mike Gilmore, Tonya Clark, Birdelle Brown, Syd Lansing, Gary Richardson, Marsha Smith, Lynn Anderson, Don Oliason, and Marjorie Maxwell. Commissioner Miller said in Commissioner Swisher's absence, he and Commissioner Nelson would run through the agenda and do as many they could; any item they couldn't decide, he would discuss with Commissioner Swisher tomorrow. Items from the December 26, 1990 Agenda were discussed as follows. 1.  Birdell Brown's December 17, 1990 memo regarding PNB Advice No. 482 Acknowledging PNB's Merger with U S West, filed 11/7/90 to be effective 1/1/91. 2.  Birdelle Brown's December 17, 1990 Decision Memorandum regarding U S West Advice No. 511 Revising Basic Local Exchange Tariff to Reflect the Official Name Change to U S  West, filed 11/7/90, effective 1/1/91. Commissioner Miller asked Commissioner Nelson how these two items looked; Commissioner Nelson said they looked okay to him.  Agreed to approve Items 1 & 2. 3.  Mike Gilmore's December 18, 1990 Decision Memorandum regarding Peterson Transport, Inc. Application for Common Carrier Authority. Commissioner Miller said since Commissioner Nelson heard the case, he would like to defer the decision to Commissioner Nelson and Swisher.  Commissioner Miller would prefer not to participate in this case unless other two are not in agreement. Commissioner Nelson said he was generally in favor of approving the authority.  Commissioner Nelson continued that Sid Burgess pretty much said he was intervening because he has policy of intervening and objecting; he doesn't have a specific problem; said Peterson was a good driver--was concerned with lack of financial ability and also concerned about lack of insurance when Peterson was with Yourco and there were losses at Yourco.   Mike Gilmore said that Peterson has increased his insurance.  Commissioner Nelson thought is was important to point out that increased insurance was from $30,000 to $36,000--not from 5 or $10,000 to $36,000. -2- Tonya Clark asked if commissioners thought authority should be restricted to RV and "hotshot" rather than allow general commodities?   Commissioner Nelson said we could restrict because Peterson can come in for amendment to authority later on for general commodities. Tonya Clark said we could give him "hot shot" authority which would allow him to haul less than a truck load.  If he starts hauling truck loads using trucks weighing 20,000 lbs., rather stringent federal regs come into play. Mike Gilmore noted Peterson's inability to read tariff and understand it at hearing.  Commissioner Nelson said we should suggest that he look to staff for guidance. Tonya Clark asked if commissioners thought Peterson's financial statement is strong enough to withstand potential losses. Commissioner Nelson said as far as financial questions go, he thinks commission has to adopt a policy before we can pick on one guy.  Tonya said she hopes we adopt commission policy in near future. Mike Gilmore said we are doing a re-write of motor carrier rules and if commissioners want to address financial question, we could say something about sufficient financial resources. Commissioner Nelson said it is hard to adopt guidelines considering the difference between a group of low risk and a group who have a lot more risk--problem is going to be when to deny someone authority based on financial statement. Commissioner Miller said it looks to him like denying entirely based on financial we ought to do it in some format.  Commissioner Nelson questioned whether we had that authority.  Tonya Clark said we may need to have statute give us that authority. Commissioner Miller said he would see if Commissioner Swisher agreed to grant Peterson authority along the lines with Commissioner Nelson; if Commissioner Swisher concurs, Commissioner Miller will not participate in this decision. 4.Donald Howell's December 18, 1990 Decision Memorandum regarding Cambridge Telephone's 'Inquiry" to serve Yellow Pine and Warm Lake. Commissioner Miller said next was a letter we had received from Lary Walker requesting an informal response on their proposal to serve Warm Lake and Yellow Pine with their repeater station on Snow Bank Mountain and with the use of a supply of used, but top quality equipment. Commissioner Nelson said he didn't see how we could begin to respond without a formal application. -3- Don Howell said Midvale has an application in but are not pursuing their application--the equipment they wanted to use is not certified for use; one thing has led to another so now it sits. Walker's letter doesn't specifically say if they could serve both Warm Lake and Yellow Pine.  Commissioner Miller said he thought Don Howell's letter was fine and the way to go.  Commissioner Miller also thinks we should get Midvale case moving or dismiss it.  Commissioner Nelson agreed. Commissioner Miller asked how staff was doing getting deadwood cases out of file.  Mike Gilmore said Brad Purdy was working on a couple; Don Howell doing a couple. 5.Eileen Benner's December 20, 1990 Decision Memorandum regarding U S West - Southern Idaho Advice No. 512; filed 11/30/90 to be effective 1/2/90; ITAP Surcharge. Commissioner Nelson recommended approval of ITAP; Commissioner Miller agreed. 6 & 7.  Eileen Benner's December 20, 1990 Decision Memorandum regarding PNB Advice No. 483, PNB-T-89-2 (OPUS); Tariff Revisions Per Order No. 23347; filed 11/15/90 to be effective 1/1/91. and Eileen Benner's December 21, 1990 Decision Memorandum regarding GTE Advice No. 290--Interest Rate on Deposits; file 12/11/90 to be effective 1/1/91. Both items looked fine to Commissioner Miller; Commissioner Nelson agreed. 8.Lori Mann's December 21, 1990 Decision Memorandum regarding U S West's Motion to Modify the Monitoring Plan for the Customer Service Centers and Payment Agencies; Case No. MTB-T-90-1. Commissioner Miller said this was Lori Mann's case and she isn't here.  Mike Gilmore said he was taking notes for her.   Commissioner Miller asked if this couldn't be a part of settlement proposal?  What procedure should we follow?  Eileen Benner said staff doesn't join in the proposal; does not oppose, but don't want to be a party to it.  Mike Gilmore said in case commission might have to have a hearing. Commissioner Miller asked why staff doesn't oppose.  Eileen Benner said company doesn't have any agents to compare the data--in a sense it is not a whole lot different.  Company will continue to contact existing payment agents on monthly basis and gross numbers of payments accepted at customer payment centers and by agents will be provided to staff.  Now we have the data and we can use it later on.  The company is whinning about what a pain it is to collect the data; they say they will start it up again if we want them to at a later date. -4- Commissioner Miller said, as Mike Gilmore points out, we do have a lot of public comment in this case.  Asked if staff were still thinking about having company have payment agent in Twin Falls.   Discussion about payment agency locations which were subsequently changed to another location.  Gary Richardson asked what kind of publicity the company did when locations change; how does anyone know where to go to pay bill?   Eileen Benner said customers do not know where to go. Mike Gilmore said he thought commission should request comments.  Commissioner Miller said we could suspend reporting requirement for the time being and send out for comment.  Commissioner Nelson agreed.  Eileen Benner suggested using term "modify" reporting requirement.   9.Sydney Lansing's December 24, 1990 Decision Memorandum regarding Washington Water Power - Depreciation. Commissioner Nelson said it looks okay but wonders how much it would have gone down if staff could have taken an active role in this case. Syd Lansing got a fax in today on some of the Washington's items in question.  The figure was 10% negative and reduced to 5%.  Of the total annual depreciation expense Commissioner Miller asked how much percentage change.  Syd Lansing said 5%. Discussion on whether company should be told to go ahead and book as expense since it means a decrease in rate base; say we will take a look at it later; say company can handle it the way they want and we will audit later. Marsha Smith said we could use disclaimer language. Commissioners Miller and Nelson told Mike Gilmore to work with Syd Lansing on Syd's letter accepting booking as requested and adding some language to indicate that acceptance was not binding on the commission when they were able to take a closer look at it. 10.  Joint Petition of Washington Water Power Co. and Potlatch Corp. requesting a further extension of the briefing schedule in WWP-E-90-3. Commissioners approved item 10. Scott Woodbury said company would like to come in and talk with commissioners. -5- Commissioner Miller said the problem with those meetings is that we have very little idea what they are going to talk about.  If it is strictly for informational purposes, why don't they just send in a letter.  Every since we let ourselves get snookered on the Lewiston deal, I don't like being caught off guard.  Scott Woodbury said he would inquire more into what is on their mind. Commissioners Miller and Nelson said to stamp Commissioner Swisher on this order extending time. 11.  General Telephone Case No. GTE-T-89-5.  Decision Memo of December 21, 1990 by Don Howell. Commissioners said Don Howell is making this difficult. Don Howell said company had submitted application for OPUS-- only to revise application, withdraw application, resubmit, amend, etc.  Company was directed to submit simplified local measured service plan no later than January 11, 1991. Commissioner Nelson said he is mostly concerned with up-grade zone connection charges.  When we set interim zone connection charges for upgrade, we had no idea that case would drag on; we planned to hold hearings. Don Howell gave inquiry and complaint numbers. Commissioner Nelson said when we hold hearings, he wants staff to speak up on what they want. Discussion on the problems created by going back to old tariff at this time--difficulty in going from line extension to zone connection and then back to line extension.  Decided there is a need to get this thing moving. Decided that a prehearing conference be set to determine what contested issues remain; some of the issues will be local measured service rate design, rural mileage charges, supplemental base rate areas, zone upgrade charges, new service connection charges.  Staff will also set a schedule for prefiled testimony and evidentiary hearings. Scott Woodbury had item not on agenda.  Idaho Power company has asked for approval of an interconnection tariff for non-utility generation.  They asked for an effective date of February 1, 1991. Commissioner Miller and Nelson agreed to have Scott Woodbury send out Notice of Application and process Application under Modified Procedure.  Comments and protests will be due by January 18, 1991 and then commissioners will decide where to go from there depending on responses. -6- / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / Meeting adjourned. DATED at Boise, Idaho this           day of January, 1991.                               Dean J. Miller, President                               Perry Swisher, Commissioner                               Ralph Nelson, Commissioner ATTEST:                                         Myrna J. Walters, Commission Secretary 20M