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HomeMy WebLinkAbout19910424.docx Minutes of Decision Meeting April 24, 1991 - 1:30 p.m. In attendance were:  Commissioners Joe Miller, Ralph Nelson and Marsha H. Smith and staff members Mike Gilmore, Brad Purdy, Stephanie Miller, Tonya Clark, Birdelle Brown, Don Oliason, Randy Lobb, Lynn Anderson, Lori Mann, Don Howell, Bob Smith, Terri Carlock, Eileen Benner and Myrna Walters.  **Also in attendance was Pat Stewart from U. S. West. Items from the April 24, 1991 Agenda were discussed as follows. 1.  Tonya Clark's April 23, 1991 Decision Memorandum re:  Bid from Ben Johnson Associates, Inc. Commissioner Nelson asked - were we going to send a questionnaire to shippers?  Discussed that with Tonya Clark this morning.  Not sure asking the shippers how they like it - if we do something with Ben Johnson, should go with Option A.   Commissioner Smith said she thought what we were trying to find out is if the level of service is adequate in the state? Commissioner Miller asked Commissioner Nelson how it would be focused? Commissioner Nelson said he would like to find out if truckers are able to enter and provide service for any length of time.  Could start with the shippers. Commissioner Smith said what he cares about is the public being adequately served.  Thought that was what commissioners were thinking of when they said surveys. Tonya Clark said we have annual reports that we haven't analyzed yet.  That will help answer Commissioner Nelson's side of the question. Commissioner Nelson said he did think it is important whether we are allowing people to go into business knowing they can't make it in a fairy saturated market.  There are indications. Tonya Clark said she has the Illinois paper on how they approached that same question. Commissioner Smith asked Tonya Clark what her preference was? -2- Tonya Clark said it would be great to say do it and call us when you're done, but don't think we can do that.  Wonder if we even need $7,500.  We could just use a little advice. Mike Gilmore said we ought to insist on the government rate. Commissioner Miller said if we are going to spend any money at all, ought to get a decent result.  Would like to have a good assessment of what has happened to that market, which was the whole idea of doing some sort of purported scientific study as opposed to just intuition.  Don't know if we want to make major policy change on intuition. Commissioner Smith asked Tonya Clark what she wanted to do? Tonya Clark said if we are going to do something, lets do it right.  Think shipper is big part of it.  If we are going to spend money, where will we need the most help?  Investigators can interview shippers.  Wondered if Don Reading would be more helpful to us on the economic side of the situation?  Is the industry hurt? Commissioner Miller said he was thinking the study of the market from shippers point of view was something the shippers aren't going to do themselves and it could require some sophistication for right measurement tools.  Industry can kind of take care of itself.  If industry wants to come in and say they are hurt, let them prove it.  Don's assistance would be the most helpful in shipper survey. Tonya Clark said she suspected they are happy with the rates because they are getting good rates. Commissioner Smith asked if there are locations where they can't get service, how often does that happen, and what can we do through regulation to provide service?  If they are happy with that, no sense trying to fix it? Mike Gilmore said he thought there was a lot of potential for using Don Reading for overview.  Could use an intern for part of it.  Have Don head him in the right direction. Commissioner Miller asked if we could start at Level I with him primarily as advisor. Tonya Clark suggested maybe we could get him to tell us what he thinks is basic. -3- Commissioner Smith suggested starting with a contract for $9,500 and use him as you go along.  Then if you need more you can always amend it up. Commissioner Miller said that would be fine with him. Tonya Clark asked Commissioners if they wanted to meet with Don Reading? **Commissioners decided they will meet with Don Reading before a contract is drawn up. Commissioner Miller suggested calling him up and say we are basically interested in Level I contract and would like to get together with him and discuss a little more the direction it should take and get a little clearer idea of what his involvement would be at this level. Tonya Clark and Mike Gilmore are to set something up. 2.  Tonya Clark's April 23, 1991 Decision Memorandum re:  Gillingham Transport, Inc., Case No. M-7665-2. Commissioner Miller asked where the carrier is from. He is a Boise carrier. Commissioner Miller said with the protests and his prior history, fitness does seem to be an issue. Tonya Clark said at least one of the protestants is someone who would like to see the Commission do more. Protestant is John Tolliver. After discussion, was decided to hold a hearing. Lori Mann asked if the consent agreement violation should be part of it? Tonya Clark said she didn't know if it can be settled.  Perhaps if hearing is in place - He signed the consent agreement but we say - would you like to pay the $2,000 or go to district court?  Hearing would be a record. Commissioner Smith said she didn't think we should specifically notice that that will be an issue. **Agreed. -4- Tonya Clark asked if a Commissioner should hear this or a hearing examiner? **Some Commissioner or Commissioners will hear it. 3.  Birdelle Brown's April 22, 191 Decision memorandum re:  Gem State Utilities Corporation Advice 91-2, received April 18, 1991 to clean up Access Service Tariff. Commissioner Smith moved approval of the filing. Approved unanimously. 4.  Lynn Anderson's April 24, 1991 Decision Memorandum re:  U S West Transmittal No. 91-5-SC - Implementing a $10.00 Charge for Call Trace. Commissioner Miller said he was wondering, don't have on the agenda today, petition for reconsideration on Caller ID and to some extent the questions overlay and Title 61/62 interplay and relationship of Section 302 is involved in all of them, wonder if it would be wise to defer this until we take up reconsideration of Caller ID and reconsider whether we were right or wrong on how we approach this.  The petition for reconsideration is substantative enough that we owe it to them to think through it again and whatever we decide would affect this, think this would be doing it backwards to take up this now.  Don't know if we want to decide this without input from everyone else who is interested in this topic. Commissioner Smith said she would move deferral. Commissioner Nelson said he hadn't had a lot of time to think about it.  In relationship to the petition for reconsideration, think it would be appropriate to send a letter to the Attorney General and ask for an opinion on 18-2720.  Don't want to be interpreting criminal statutes but don't want to stonewall the petitioners either. Commissioner Miller said on the one hand saw Commissioner Nelson's point but on the other, maybe it is our decision to make.  Every time we get a tough decision, we go to the AG. Commissioner Nelson quoted from the petitions for reconsideration regarding trace and trap. Commissioner Miller said he didn't think Commission could make any formal decision today. -5- Commissioner Smith said the filing of this transmittal is like a price list filing.  We don't approve those.  So the fact that we don't do anything for a week won't foul anything up. Lynn Anderson said that was correct.  That leaves the company in limbo.  Would only add that the overlap is very small on Caller ID and Call Trace. Commissioner Miller said - have to rethink approach on whether these various signalling technologies are 61 or 62.  Would feel uncomfortable taking this up before the petition for reconsideration. Commissioner Smith said it is the same signalling technology. Matter was held at this time. 5.  Terri Carlock's April 23, 1991 Decision Memorandum re:  Washington Water Power Issuance of $150 Million of Medium-Term Notes, Series B, WWP-S-91-1. Commissioner Smith asked what the term "tranches" means? Terri Carlock explained it is a term for groupings so they can go over a longer period of time. Filing was approved. 6.  Terri Carlock's April 23, 1991 Decision Memorandum re:  Washington Water Power Issuance and Sale of Up to and including 1,300,000 Additional Share of Common Stock; Case No. WWP-S-91-2. Approved. 7.  Mike Gilmore's April 22, 1991 Decision Memorandum re:  Case No. 31.B-R-91-1--General Order Adopting Permanent Rules for Interstate Motor Carrier Registration under Idaho Code Section 61-812. Commissioner Nelson asked about what this does for the people who have paid their $25?  Do they get a refund? Mike Gilmore said no. Commissioner Miller said he thought the order was fine.  Just had a couple of word changes. Okayed by all three commissioners. -6- 8.  Mike Gilmore's April 23, 1991 Decision Memorandum re:  Case No. 31.B-R-91-2--Follow-Up to Original Memorandum Proposing a General Order Amending the Commission's Motor Carrier Rules--IDAPA 31.B. Commissioner Miller said it seemed that after our first go around, had it narrowed down, and we didn't know a lot of the industry practices, etc. and maybe we have it in as good shape as we can.  What about now putting this out for comment but in the order putting in out for comment, ask the questions here and see if there is any industry comment to questions asked?  Trying to answer these questions now, don't know on what basis I would respond.  Have it in relatively good shape but don't know how to answer these. Commissioner Nelson agreed questions should be put in. Commissioner Smith said it is a good idea.  Thought rules were kind of hard to work with.   Mike Gilmore said he thought it would be easier to not rearrange them (that is the way the federal rules are).  Think up front it should say when you have to test, etc. and then elaborate. **Decision was to put them out for comment. Commissioner Smith said it would be good to hear from the intrastate carriers. Tonya Clark said we are going to have to do an extensive mailing.  Feel obligated to get them out to the private carriers.  Said in the public notice in the paper should point out it deals with drug testing. Mike Gilmore explained how he would set if up. Commissioner Miller said if we go that way, put that the full set is available from Commission Secretary.  From notice point, don't have to send them the entire text. Tonya Clark said will send the full rules to the common carriers.  Only send the applicable rules to the private carriers. 9.  Mike Gilmore's April 19, 1991 Decision Memorandum re:  Procedural Choices for Consideration of Wholesale Water Contract Between Eagle Water and Eagle Pointe Homeowners Association--Case No. EAG-W-91-1. -7- Commissioner Smith asked about a wholesale water contract, are they common?  Asked if it was to avoid tax on the contribution?  How much is it? Response was it is $10,000.   Would the end user still be entitled to consumer rules? Mike Gilmore said no.  The Homeowners rules would apply.  It wouldn't apply to individual homeowners. Commissioner Nelson said - think we need some analysis on appropriate rate. Randy Lobb said he understood they set some meters yesterday. Commissioner Miller said it looks like we may need a hearing on this. Stephanie Miller said there is some question and we will get questions on whether or not the Eagle Water system can accommodate these new customers.  Staff wrote to DeShazo saying they may oppose any additions. Randy Lobb said there are other contractors interested in this same treatment. Commissioner Nelson said he gave staff the article regarding Westmond Homeowners Association matter.  Could compare this to DeShazo's proposal. Stephanie Miller said there may be other things imbedded in the Sandpoint rates. Commissioner Nelson said he didn't think contracts of Boise Water are an appropriate comparison. Stephanie Miller explained that staff showed Boesiger some rates. Mike Gilmore said they negotiated a rate until the next rate case. Commissioner Smith said he thought it raised a lot of questions. Mike Gilmore said probably need to set down some rules. -8- Commissioner Miller asked if there were other issues than what Mike Gilmore set out? Stephanie Miller asked if adequacy of supply was mentioned? Mike Gilmore said it was.  Asked about picking out a hearing date? Commissioner Miller said the question of reasonableness of rate and burden on other ratepayers and ability to serve are issues.  Need close examination on these. Commissioner Smith asked how much time staff needed? Stephanie Miller said staff wouldn't need much time but Eagle Water may need time for an engineering study. Commissioner Smith said she thought staff should prefile and give company an opportunity to reply. Randy Lobb said he has been working with DeShazo.  He is hesitant to do a study. Stephanie Miller said staff talked to Thomas and suggested Boesiger may want to invest in a study. **Pick prehearing date in early May to lay down the ground rules. Commissioner Miller suggested setting out the questions in the notice. 10. Brad Purdy's April 22, 1991 Decision Memorandum re:  Case No. WWP-E-91-5. Commissioner Miller said he thought a hearing was needed.  Reading this, would be difficult to do it on modified procedure. Commissioner Smith explained what it looked like to her. Mike Gilmore and Stephanie Miller explained why the change in allocation. Commissioner Miller said he still thought a hearing was necessary. Brad Purdy is to check with the parties to come up with hearing time and place. -9- Commissioner Miller said he couldn't imagine any public interest in this. Brad Purdy asked if it would be appropriate to send out notice saying nothing will be done in this case until the company does something. Mike Gilmore said in Swan Falls, just gave lots of time for filing petitions (gave 6 months). Commissioner Miller said he would think we will get the usual interventions and let them know of the timing. 11. Discussion of Idaho Power Motion in IPC-E-90-22. Idaho Power continues to request to bifurcate the hearing to first consider if there is a refund due, if it is affirmative, then convene second hearing to determine the amount. (2)  Had to do with their continuing question on they don't make objection to jurisdiction but make query about our jurisdiction .  They will agreed to not go to another forum.  Only other remedy would be appeal (something at District Court). Didn't see any sense in bifurcation but did suggest that after we get company's testimony that if anyone thinks the liability issue can be resolved and it wouldn't require cross examination, perhaps there could be some shortcutted way.  Agreed we would leave that open and see what happens. Don Oliason said he didn't know what the legal procedure needs to be.  Staff already has enough information to say whether money is over.  It is based on the tariff and our own rules.  Could make a recommendation on whether or not something is owed. Mike Gilmore suggested that should be filed in testimony. Commissioner Miller said he thought there was a question as to what course you are going to take. Staff should have that conversation at another place and time. Decision was:  Set matter of rehearing. -10- Meeting adjourned.         DATED at Boise, Idaho this       day of June, 1991.                           PRESIDENT                           COMMISSIONER                           COMMISSIONER ATTEST:                               Commission Secretary 0041M