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HomeMy WebLinkAbout19910401.docx Minutes of Decision Meeting April 1, 1991 - 1:30 p.m. In attendance: Commissioners Joe Miller, Ralph Nelson and Marsha Smith; staff members Don Howell, Gary Richardson, Mike Gilmore, Terri Carlock, Bev Barker, Lynn Anderson, Lori Mann, Belinda Anderson, Stephanie Miller and Myrna Walters. Items from the April 1, 1991 Agenda were discussed as follows. 1.  Regulated Carrier Division Agenda dated April 1, 1991.   Approved. 5.  Lori Mann's March 28, 1991 Decision Memorandum re:  Mud Lake Telephone Cooperative--Case No. MLC-T-88-1; U S West Case No. U-1000-9. Approved. 6.  Mike Gilmore's March 29, 1991 Decision Memorandum re:  Inland Telephone Certificate--Case Nos. INL-T-91-1 and POT-T-91-1. Approved. **Wording on township needs to be checked. 7.  Terri Carlock's March 29, 1991 Decision Memorandum re:  PacifiCorp Debt Amendment up to $600 Million PAC-S-91-1. Approved. 2.  Bev Barker's March 20, 1991 Decision Memorandum re:  Boise Water Tariffs. Bev Barker said Boise Water wants another week to work on this. Commissioner Miller said he would give them another week. Other Commissioners agreed. Do want company to know Commission is inching up to an order if they do not respond. Commissioner Nelson said he didn't know why they haven't done this.  It is a small thing. -2- Commissioner Miller asked if Booe wasn't going to be contacted about these problems? Bev Barker said she thought the COmmissioners were going to meet with Wayne Booe about this. Decision was grant one extension.  Give some thought to meeting with Booe. 3.  Bev Barker's March 21, 1991 Decision Memorandum re:  Re-Search, Inc., Request for Written Statement Concerning Sharing of Customer Credit Information. Decision was:  Keep an eye on this - hold tell privacy memo is discussed. 8.  Mike Gilmore's March 25, 1991 Decision Memorandum re:  Promulgation of Rules under the Public Records Act--Case No. 31.P-R-90-1. Commissioner Miller asked about what constitutes the record?  Question came up as to question of transcript under Public Records Rule when the transcript is the property of the recorder.  Fees are pretty outrageous. Would transcript fall under this? Mike Gilmore said he didn't cross-reference it. Commissioner Smith asked about it being copyrighted?   Mike Gilmore said he couldn't find anything on it - court reporters are sure it is a work product.  It is a hard one to know.  Maybe we should leave it in limbo. Commissioner Smith said when we get request, then deal with it. Commissioner Nelson said shouldn't it be cross-referenced and we will be following same procedure as district court. Commissioner Smith suggested a legislator will decide that. Commissioner Miller said we should have thought of this earlier.  It is conceivable it will never come up.  Most litigants are unaware of the rule. -3- Mike Gilmore said we can point parties of record to the rule.  We can always steer parties to rules of practice & procedure. Commissioner Miller said we could make incident for non parties and charge 5 cents but for a party who is using a transcript for an appeal or official purpose, part of what they are paying the reporter for is further certification that it is accurate. Mike Gilmore said if they don't want to buy it they can read ours. Commissioner Nelson said he thought Nugent contradicts himself. Okay on Page 2 - PacifiCorp caveat.  1.1 - 13 1.5. Rule 3.2 Mike Gilmore talked to Nugent and he said okay. Discussed disk cost. Commissioner Nelson said if we have to keep track of this, would have argument in deciding what it would cost them to work overtime.   Commissioner Smith said you don't have to charge for it everytime but if you have the ability that when someone asks something out of the ordinary, you ought to have the ability to charge for it. Commissioner Miller gave illustration.  There are types of people out there that might make this rule necessary. **Go with $2.00 with overtime.  Suggested a way to keep track of someone doing it on a special project. 4.  Letter from PacifiCorp with copy of Termination Agreement re:  Falls River Hydroelectric Project. Scott Woodbury explained the situation. When Commission approved the contract, indicated we had difficulty with the language.  Thought as written it was more likely than not that the project would go into default.  Grant Durtchi wasn't able to sell the project.  Then negotiated with Idaho Power Company and they indicated go away until you deal with UPL.  Now Ron Williams is -4- with Durtschi in negotiating with Idaho Power.  Under the terms of this letter, if Durtschi wants to sell to UPL, they have option of existing rate or old contract rate. Commissioner Miller said so this is the notification by Durtschi wanting to negotiate with Idaho Power? Scott Woodbury said it is because Durtschi wants to get out of the contract. Commissioner Miller asked what his advice was? Scott Woodbury said he would acknowledge it by Minute Entry and file it with that contract docket. Commissioner Nelson asked what was wrong with the project?  Was contract just onerous? Scott Woodbury said yes.  Had Durtschi filed complaint, would never have approved some of those. Commissioner Nelson asked if it was a good project otherwise? Scott Woodbury said it was. **Durtschi wrote a lot of letter. Scott Woodbury said he chose to do his own negotiating with UPL. **Decision was:  Do Minute Entry.  Discussed showing we considered it and allowed termination.  Retain authority to allow termination.  Just say we were notified of termination. Mike Gilmore suggested that if he comes in about termination, just want this on file.  Asked if they could termination an existing contract? Commissioner Miller said - could just file it. Commissioner Nelson suggested a Minute Entry accepting it for filing. Approved by all three Commissioners. 9.  Don Howell's March 27, 1991 Decision Memorandum re:  Petition from GTE's Bonner County "683--"Residents and Lynn Anderson's March 28, 1991 Decision Memorandum re:  Don Howell's Decision Memo. Commissioner Nelson asked about putting it in the MARC case.  Thought that was his choice. -5- **Decision was:  Put it in MARC case. 10. Lynn Anderson's March 27, 1991 Decision Memorandum re:  Eden/Hazelton and Murtaugh EAS- MTB-T-90-9. Two weeks extension was granted. EXTRA ITEM - Election of President of Commission. Commissioner Smith nominated Joe Miller. Commissioner Nelson seconded the nomination. **Unanimous ballot was cast for Dean J. Miller for PResident of the Commission. Meeting adjourned - to reconvene Tuesday, April 2, 1991.         DATED at Boise, Idaho this       day of May, 1991.                           PRESIDENT                           COMMISSIONER                           COMMISSIONER ATTEST:                               Commission Secretary 0035M