Loading...
HomeMy WebLinkAbout19910211.docx Minutes of Decision Meeting February 11, 1991 - 1:30 p.m. In attendance: Commissioners Joe Miller, Ralph Nelson and Marsha H. Smith. Staff members Mike Gilmore, Don Howell, Tonya Clark, Terri Carlock, Bob Smith, Stephanie Miller, Brad Purdy, Lori Mann, Gary Richardson, Don Oliason and Myrna Walters. Items from the February 11, 1991 Agenda were discussed as follows. 1.  Tonya Clark's February 5, 1991 Decision Memorandum re:  Per Vehicle Interstate Filing Fee. Commissioner Miller said this was discussed briefly this morning.  Wonder for the purpose of the minutes, would suggest we direct staff to study various proposals and possibilities and make a proposal at the next decision meeting after having time for something to unfold. Tonya Clark was asked why $2, why not $l.75 or some other amount?   Tonya Clark replied she was trying to keep it simple.   Commissioner Nelson asked how much this muddies the water for base state? Tonya Clark said currently we have been charging the $10.  It actually kept people from participating in the program because they chose to opt out of the base state.  Think if it was a reasonable way that they could pay under the base state, virtually everybody would participate.  It would be to their advantage to have the same fee.  It would make it better.  If we went with $2, if there was a year of that and base state, would have a better feel for where we are. Commissioner Smith asked when the year would have to start? Tonya Clark explained why she picked July.  If we change now we have some who have already paid the higher fee.  Would rather have it break October 1 (when they are starting to pay). Mike Gilmore said it is in effect now (the $10). Tonya Clark said it can be started after October 1 for the next year.  Would want to know by October 1 of this year or the next if we are going to change it. -2- Commissioner Nelson said he thought we needed to do something on the fee sooner than October 1.  Lets hold it for a week before setting the fee. Mike Gilmore said if we charge $10 for awhile, don't think anyone will care. Tonya Clark suggested keeping it simple since she has to train Transportation and would like to not have to change it once it is in place. Commissioner Smith said she thought we should wait until Thursday to see what happens to the Commission in the Court Case.  Don't think a week will hurt. Mike Gilmore said if Newhouse speaks to refund, we might need the $10. **Will hold for a week. 2.  Mike Gilmore's January 31, 1991 Decision Memorandum re:  Greg Graham's Request for an Exemption from Idaho Power Tariff No. 71s Requirements for Payments before a Line is Extended. Commissioner Smith asked if Mr. Graham wants something besides payment agreements? Commissioner Miller said we need to see the tariff.  Thought it basically says you pay in advance.  Mr. Graham explains it that all he wants from the Commission is an authorization for the company to negotiate something different.  Bev Barker said this critical language in the tariff has never authorized payment agreement.  The sentence saying unless mutually agreed otherwise has never been disputed.  It has never been interpreted to mean you can make monthly payments. Mike Gilmore explained it could be a mutual agreement to pay right away. Commissioner Smith said personally she didn't have a problem having him make payments if he signs an agreement that says he keeps paying. Commissioner Miller asked what if he leaves? Commissioner Nelson said you can give them a security interest but don't know the value of the ranch.   Commissioner Miller said it seemed to him that electricity would make the property more valuable.  $325 a month would pay if off in 2 years. -3- Commissioner Miller asked what the company worked out with Leo Marsden? Commissioner Nelson said offer has been made but it has not been accepted.  It was cut in two.  If he put one more house on his property as a spec, then he would recover the $2,000. Commissioner Miller said if you made him put 1/2 up front, he has a lot invested and pay the balance in payments. $6,445 - pay half and $325 a month on the balance and as much security as they  can get.  Hate to get into these.  There is no easy way to justify waivers. Commissioner Miller asked Mike Gilmore what he thought? Mike Gilmore said he didn't find Mr. Graham to be a very sympathetic case. Commissioner Smith asked about the line extension? Mike Gilmore said it is half a mile. Commissioner Nelson said he thought it looked like he didn't have the borrowing ability. Mike Gilmore said if he borrowed money for the house, there would be a stronger interest to pay for the electricity. Commissioner Nelson said if he really was concerned about an extra $300 a month it would pay out in a hurry. Commissioner Miller asked if Rose Schulte has talked to the company.  Suggested tentatively denying this and ask Mike Gilmore to check to see what the company position is. Commissioner Smith said she didn't mind telling the company that if they get one-half up front and monthly payments on the other half, it is okay. 3.  Letter from Idaho Quartzite Corporation to Commission requesting clarification of Order No. 23522 in Boise Water Line Extension Case - BOI-W-89-3. Commissioner Miller asked Mike Gilmore about this - was Idaho Quartzite in on this originally? Mike Gilmore said they were - Boise Water will take care of it - will write to Mr. Seehusen. -4- 4.  Don Howell's February 4, 1991 Decision Memorandum re:  Scheduling for GTE OPUS, Case No. GTE-T-89-5. Commissioner Nelson asked if it could be moved up a day? Don Howell said the problem is we couldn't get Templins the day before. Commissioner Nelson said Commissioners were thinking of having hearing in Sandpoint on the 19th. Don Howell went over the railroad hearings scheduled March 5 and 6.  Discussed having hearing on the 20th. Commissioner Miller asked Tonya Clark what she thought? Tonya Clark said if we are going to cancel any railroad hearings, would cancel Kellogg.  Would be going back up there anyway.  Nobody is shipping there now.  Could cancel Kellogg for sure.  Don't have a feel for Moscow.  Moscow and Sandpoint were mentioned as charging the tariff fee. Commissioner Nelson said Sandpoint is where they were working to close the agency. Tonya Clark said she thought Sandpoint was a hot spot because of the hazardous materials shipments. Commissioner Miller asked if Sandpoint could be the morning of the 20th or the afternoon of the 19th? Commissioner Smith asked if you could do a night hearing on the 20the and then reconvene in the morning, if necessary. Decision was:  Fly up on the 19th.  **No Moscow hearing.  Sandpoint on the 20th. Don Howell asked about both Weiser and Boise hearings? Commissioner Smith said her concern was where Commission was going with these hearings? Don't know if we need hearings to determine if there are agents. Tonya Clark said Weiser is the key to Parma.  Think Parma people will come to Weiser.   Commissioner Miller agreed working the railroad hearings into a GTE trip is good. Commissioner Nelson said he found the proposed hearing schedule acceptable. -5- Commissioner Miller said he agreed. Question 2 - Commissioner Nelson said anyone who wants an upgrade should get it. Agreed to by all Commissioners. **Rose Schulte was now in attendance. Discussion went back to the Greg Graham request. Commissioner Miller asked Rose  Schulte if she had had conversation with the company on this matter? Rose Schulte said they are standing fast on the tariff.   Said she had some thoughts.  There are a few people that have approach the Consumer Division about payment arrangements on line extensions.  Company feels in order to treat all equally, will follow the tariff.  But there are some circumstances where there are isolated lots, they won't be subdivided, aren't developing any more and they bought this property with no electricity.  Now they find they have $5,000 or $6,000 to get power.  They have all their money tied up in property, don't know too much about the financing, why they can't get extra money for that.  Guess they can put that kind of cost on top of that.  They are stuck.  Feel empathy for these people.  Mr. Graham wants to have a shop, but Mr. Graham started 10 years ago and he never carried through when he talked to the company.  He wants the company to accept a certain amount down and then so much over 10 years.  Said she approached the company with a certain amount down and balance over 2 years and didn't get a reception from them. Commissioner Miller asked if they are being obstinate or is there a problem? Rose Schulte said they are following things to the letter on the tariffs.  If you are two weeks late, you are out of luck.  Mr. Graham has a good point but am not sure how the Commission seels about treating him differently than the others.  There are a couple of other people that would like the same consideration. Commissioner Miller said he guessed his attitude is there is a good reason for the tariff being the way it is.  It prevents risk being borne by everyone else (the benefit to one customer) and have a hard time seeing anything in this case that is so compelling that you would want to shift that risk to everybody else - problem of distinguishing when you do and when you don't. -6- Commissioner Nelson said this thing just doesn't quite stack up.  Something is wrong.  He would have to borrow a lot more than $6,000 if he is going to get milk cows.  Don't mind having an avenue for payment arrangements when they can show some reason for it.  In this case haven't see any reason. Commissioner Smith said it doesn't offend her if the rule was a little more lenient.  Pay half down and payments not to exceed 36 months - or 18 months. Commissioner Miller said they are a power company, not a bank. Rose Schulte said she asked Mr. Graham who else was going to come on with him. Commissioner Miller asked Don Oliason what he thought about this? Don Oliason replied - we are talking about a utility, not a bank or lending institution.  Other customers have made these payments under this tariff and without a compelling reason to deviate from the tariff it would not be fair to other people who have contributed money under the same tariff.  Feel empathy for him.  Sounds like he is just trying to cut corners. Decision was:  To not grant waiver from the tariff requirement.  Have a tariff and he needs to make payment arrangements with an institution that is set up for that. 5.  Eileen Benner's February 5, 1991 Decision Memorandum re:  GNR-T-90-9; Mountain Phone Company - Application to Process Calls to Operator (O) on a Pay Telephone. Commissioner Smith moved approval. Commissioner Nelson said he wondered if this was an emergency call, would there be a problem with following this procedure? Lori Mann explained the 0+0+3. Commissioner Nelson said he thought the procedure goes a little backward. Discussed whether or not the U. S. West operator would know where these are. -7- Decided to hold the item until Eileen Benner was in attendance to answer Commissioner Nelson's question. **Commissioner Smith said back to Mr. Graham's request -  explain to him what the wording means in the tariff. 6.  Mike Gilmore's February 1, 1991 Decision Memorandum re:  Case No. 31.N-R-90-1--Title 62 Rulemaking. Commissioner Smith said she had some wording changes. Went to Page 6 - Surcharges. Commissioner Smith asked if taxes aren't already separately stated?  Would prefer that the USF and ITAP not be separately stated. Commissioner Miller asked if what she wanted to say is:  surcharges do not include ITAP and USF?  Should separately  state EAS, zone and mileage charges, though.   **Don't put USF separately. Commissioner Smith said if it is already rolled in and they give an annual breakdown, don't feel strongly about EAS, etc. Mike Gilmore said if they get an EAS surcharge, etc., it just calls attention to it. Decision was:  No surcharges of those kinds should be separated out. Pages 8/9 of Decision Memo - ten day rule. Discussed being ambiguous.   Discussed if anyone in the industry would object to less than 10 days notice on decreases. Decided for decreases, filing itself is adequate notice. **On Page 10 - paragraph on Commission Secretary adopting a "convention" for sequentially numbering ..., recommended that convention be changed to system. Discussed staff auditing USF. Commissioner Miller said his question is it should be a legislative audit. -8- Don Howell said if you made a requirement that staff auditor did it, don't think USF should pay for it. **Commission is administering the code.   Mike Gilmore explained the thinking on a staff audit. Stephanie Miller said staff doesn't have independent right of auditing, Commission does. Decision was:  say the Commission has the right to audit the books. Discussed monthly surcharges. Mike Gilmore asked if there should be a threshold? Commissioner Nelson said Commission should make case by case determination.  Say unless otherwise ordered. 3.5 - Okayed the language. Commissioner Smith had language for Page 13. Page 15 - discussed filing quarterly reports. Commissioner Miller asked if it is quarterly, should it be abbreviated? Commissioner Smith questioned:  being specific rather than aggregate.  It is proprietary information. **Decision was:  list all the companies and then list access lines, etc. as aggregate. Changed wording on Page 19. **Accepted consensus everywhere it wasn't spoken to specifically. Meeting adjourned. Signatures on next page. -9- Signature page for 2-11-91 Decision Meeting Minutes.         DATED at Boise, Idaho this       day of February, 1991.                           PRESIDENT                           COMMISSIONER                           COMMISSIONER ATTEST:                               Commission Secretary 0023M