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Home My WebLink About19910128.docx Minutes of Decision Meeting January 28, 1991 - 1:30 p.m. In attendance were: Commissioners Joe Miller, Ralph Nelson and Marsha H. Smith; and staff members Mike Gilmore, Don Howell, Stephanie Miller, Gary Richardson, Bill Eastlake, Eileen Benner, Bev Barker, Jack Taylor, Belinda Anderson, Birdelle Brown, Bob Smith, Lori Mann, and Myrna Walters. Also in attendance was Bruce L. Thomas, Attorney at Law. Commissioner Miller informed staff that the decision meetings would be held in the hearing room from now on. Asked staff to feel free to comment on the set-up of the room. Items from the January 28, 1991 Agenda were discussed as follows. Uncontested Matters and Tariff Advices. 1. Birdelle Brown's January 23, 1991 Decision Memorandum re: U S West Advice No. 91-1-S Request for Approval of Tariff Revising the Description of Nonpublished Directory Service, to be effective February 17, 1991. Commissioner Miller said he did not realize when the Commissioners got the letter from Jack Van Valkenburgh of ACLU, that Birdelle Brown's Decision Memorandum with copy of U. S. West's Memorandum attached, was on the agenda for today's decision meeting. Thought item should be held until next week's decision meeting. A copy of the ACLU letter will be send to U. S. West for their review, before that decision meeting. Commissioner Smith asked if there was a tie between the letter and the tariff advices? Lynn Anderson said he thought the letter could tie to the tariff advices. Bev Barker said the service catalog pages were filed along with the tariff advices. After brief discussion, Commissioners decided unanimously to hold this matter until next week. 2. Lynn Anderson's January 25, 1991 Decision Memorandum re: EAS Petition between White Bird and Grangeville. Commissioner Nelson commented he didn't know what Commission could do on this. -2- Mike Gilmore said Commission opened a file for the New Plymouth EAS case. After brief discussion, DECISION WAS: Open case and issue summons. SECURITY ISSUANCES. 1. Terri Carlock's January 25, 1991 Decision Memorandum re: Citizens Utilities Company, 1991 Industrial Development Revenue Bonds, CUC-S-91-1. Commissioner Miller asked Terri Carlock if she saw any problem with this. Terri Carlock said she did not. Explained exactly what the filing was. Said with the costs we are looking at, it would be lower costs than we have now. Can't see where it would have an adverse effect on Idaho. Commissioner Nelson said he had no problem with it. Commissioners Miller and Smith Agreed. APPROVED. CONTESTED MATTERS 3. Letter to Commissioners from Bruce L. Thomas re: Case No. U-1500-176 - Alteration of Order No. 21933 (Eagle Water Co.). Commissioner Miller said as he understands the history - Commission issued order to clarify previous order. Then after that had a decision meeting and made decision on how to change the order. On the basis of that, Stephanie Miller and other staff members worked through the calculations in accordance with the Commission decision on basic issues. Have not though issued an order as a result of that decision meeting that incorporates those decisions. Discussions have occurred simultantously. Asked about the status of the order? Lori Mann said it would go out today or tomorrow. Commissioner Miller said as a result of a meeting with staff, Bruce Thomas wrote his letter of January 22. That letter is before the Commission now. -3- Mike Gilmore said his question is: Should there be exceptions from the general rule, and if so, is Eagle Water a company that should be one. Staff would argue there should not be exceptions. Commissioner Miller asked if the order shouldn't be issued and if there are objections, have a filing to object to that order. Don't have an order to ask for reconsideration on. Seems procedurally that would be a cleaner way to handle it. Don't know how to characterize the letter from Mr. Thomas. Commissioner Smith asked Mr. Thomas if he would have any problem with waiting for the order and doing a petition for reconsideration if the order is not in a form his client would want? Mr. Thomas replied he didn't have a problem with that. It would not impact his client. Don't know what effect it would have on Eagle Water. Gave status report on his client. The timing may be a consideration to Eagle Water. Commented both he and the staff are in the dark on this company. Don't know if their income is close to what staff assumes it should be. If it is, and they show a large tax loss, it will be a substantial amount of money. May want to delay to find out actual numbers. Commissioner Miller said the best way to go is to get our order out as soon as possible. Would set it up better for a decision. In the meantime it may become clear the company's financial affairs. Commissioner Nelson said he would enjoy seeing what staff's response would be. Lori Mann said from what she gathered, that when we sent out the previous order, Mr. Thomas responded. Explained how she was proposing to do the order. Commissioner Miller said he didn't know if we concluded it had to be renoticed for the ITC. Mike Gilmore said he thought the ITC should be sent out for comment. Stephanie Miller explained what went out previously. Decision was: Open up comment period for ITC - do separate order. Then do order clearing up Mr. Thomas' concern and if he so chooses, he can petition for reconsideration on that. -4- Commissioner Nelson questioned whether depreciation and actual versus rate case income should also be considered. Staff said actual versus rate case income has already gone out for comment. Mike Gilmore said he thought the decision was made to not consider depreciation on Commission's own motion. Decision stood to issue two separate orders. 1. Under Contested Matters - Hayden Pines' Petition for Reconsideration in HPN-W-89-1. Commissioner Nelson said he thought Lori Mann's Decision Memorandum laid out the history pretty well. Was hesitant to get back into this. Think we have already answered this question several times. Commissioner Smith said the information she wanted to hear appears on Page 10 of the Decision Memorandum. Took Lori Mann's recommendation to not grant petition for reconsideration. Lori Mann said there are only two issues and Issue 6 was part of their Supreme Court appeal. Couldn't have heard that. So technically there is only Issue 5. That was at issue in the last case. Commissioner Miller said regardless of what the law says on single issue case, was going with the theory that it was not unfair to go with a small rate reduction since we had gone with the company on most things. Asked Lori Mann if she had found any cases other than trackers? Lori Mann said two came up on LEXUS search. Had one that spoke to Tax Reform Act. Commissioner Nelson said he thought the history of the Commission telling them in a 1984 order to get their accounting books in order was the way to go. Lori Mann said Jack Taylor mentioned that in his prefiled testimony and that could be put in the order. Commissioner Nelson agreed that should be part of the order. Commissioner Miller said the other part of it is - is it proper to have them incur expenses without allowing it in rates right now. Thought there must be some way that they didn't have to pay for it now. -5- Commissioner Nelson said - only reson it was ordered in 1990 was because they hadn't done it in 1984. Commissioner Miller said it would be more consistent to allow that expense into rates after it had been ordered rather than estimate of what it was going to be. Said he was inclined to deny the petition. But, had better have a pretty good order, speaking to refund. **Decision was: Would be a good idea to have a self-contained order - include history of the case. Commissioner Miller asked about Company not implementing the refund - our order said refund. Lori Mann said based upon representation of counsel, he hasn't refunded. Mike Gilmore said he is in violation of a Commission order. **Do not have formal notice that refund hasn't been made. Commissioner Miller said he was a little distressed to know he hasn't complied with an order. Commissioner Smith said she would tend to put in the order, we have been informed that you haven't instituted refund, if you don't implement it by x date, will fine you. It is giving them a second chance. Mike Gilmore suggested a separate show cause. Commissioner Miller asked about a separate show cause to go out next week? Mike Gilmore said he thought it should go out with this order. Was discussion on the fact that they filed a petition for reconsideration and stay in the same document. Decision was: Deny the petition for rehearing, deny the petition for stay. Notice company that in order to stay, they have to post a bond. Post a bond or implement the order. **Birdelle Brown asked for clarification on the Caller ID matter. Asked if delaying the Caller ID case would delay the catalog filing? Explained what the catalog filing was. -6- Commissioner Miller said he didn't think acceptance of the filing stopped anything. Decision is still before the commission. Catalog pages will be accepted for filing. Adjourned meeting at 2:05 p.m. DATED at Boise, Idaho this day of January, 1991. PRESIDENT COMMISSIONER COMMISSIONER ATTEST: Commission Secretary 0021M