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HomeMy WebLinkAbout19910718.docx Minute of Decision Meeting July 18, 1991 - 11:00 a.m. In attendance: Commissioners Joe Miller, Ralph Nelson and Marsha H. Smith and staff members Mike Gilmore, Scott Woodbury, Lori Mann, Brad Purdy, Don Oliason, Gary Richardson, Eileen Benner, Tonya Clark, Randy Lobb, Stephanie Miller and Myrna Walters. Items from the July 18, 1991 Decision Meeting Agenda were discussed and acted on as follows. 1.  Tonya Clark's July 16, 1991 Decision Memorandum re:  Mountain Grain Company, Rupert, Idaho - Case No. M-7666-2. Commissioners okayed application for authority. 2.  Tonya Clark's July 17, 1991 Decision Memorandum re:  Mark E. Boluc & J. Russell Lemoyne dba 1000 Springs Tours, Hagerman, Idaho.  Case No. ST-WC-1. Commissioner Miller asked Mike Gilmore if there was any reason to regulate vessels? Mike Gilmore said he didn't think so. Tonya Clark said there are many of them. Mike Gilmore said in 1913 they were common carriers. Commissioner Miller commented they were necessary for commerce in the state, to see that they weren't discriminatory. Tonya Clark said several states do regulate them. Commissioner Nelson said there was a lot of freight service on Coeur d'Alene. Mike Gilmore said our waterways aren't used like Washington's. Commissioner Mioller said if we regulate one we should be regulating all of them and why would we want to? Commissioner Smith said she didn't see a real strong reason to do it.  Never know when you might want it, though. Commissioner Nelson said it wouldn't be a bad idea to approach a legislator on this to see if that should be taken up. -2- Commissioner Smith said she hates to open that up. Mike Gilmore said Commission dropped mobilephones a few years ago, got rid of ag, sand and gravel, nobody tried to mess up the bill. Commissioner Miller said even if we don't do it legislatively, vessel apparently doesn't require certificate, so what are they applying to us for? Mike Gilmore said they are subject to rate regulation and safety and anyother supervision we would want to give them. Commissioner Nelson asked if Commissioner Miller was thinking of a general order to say we won't regulate. Commissioner Miller said or a policy of taking registration if they want to, but we won't go out and look for them. Mike Gilmore said insurance is under safety.  They are like utilities, percentage or $50 minimum.   Have one vessel. **Lafferty is an exception.  He hauls freight.  One is more a business of getting you from here to there, this application is a cruise, not Point A to Point B. Mike Gilmore said if they register with us, will have something to tell the outfitters and guides. Commissioner Miller said in the short term, could approve this form that has been prepared and have understanding that whatever we do with these people is very nominal regulation and think about whether we should take vessels out of the statute.   Okayed. Commissioner Smith said she was confused on his rates.  Questioned the wording on the discount. **Clarify the $100 per trip offer. 3.  Regulated Carrier Division Agenda dated July 18, 1991. Approved. -3- 4.  Brad Purdy's July 16, 1991 Decision Memorandum re:  General Service Provisions of Eagle Water Company. Brad Purdy said the only thing of substance was line extension policy. Commissioner Nelson said it looked like it was okay. Commissioner Smith voted yes. Approved. 5.  Eileen Benner's July 16, 1991 Decision Memorandum re:  Blackfoot Telephone Cooperative and Pine Telephone Company - do they need to pay into the Idaho USF? Commissioner Smith said she remembered okaying Blackfoot Telephone being able to pay once a year.  Recalls a prior decision on okaying once a year.  If the record doesn't exist, though, say pay once a year. Commissioner Nelson asked - would you consider a figure where they wouldn't have to pay? Once a year is okay but wondered about a threshhold. Commissioner Smith thought they might forget. On Pine:  would not require them. Commissioner Miller said threshhold might be a good idea, but don't know if we have authority to do that. Mike Gilmore suggested calling Alyson Anderson and asking here not to push for that 36 cents and Blackfoot once a year. Items 6 and 7 were held at this time. 8.  GTE Tariff Advice No. 91-2 - Elimination of rate differential on intrastate toll switched access. Commissioner Miller said he agreed with Eilleen Benner - don't like the way this tariff was filed.  Would suspend it or ask them to refile. Eileen Benner said the FCC has issued an order alerting Bell companies that if they have offices that have been upgraded to equal access, that they will have to start charging non-premium rate.  There is an out. -4- Commissioner Smith said she guessed she would go for suspending, wouldn't give them in an equal access office an oppportunity to pay the non-premium rate because carrier makes choice.  The carrier has choices. Commissioner Nelson asked - aren't you just non-competitive if you are only offering A and B and others D? Commissioner Smith commented the investment has been made. Commissioner Miller asked Commissioner Smith to clarify? Commissioner Smith said there should be no price incentive to offer anything less than D. Commissioner Nelson said okay. Commissioner Miller asked - what about a retail customer, assuming that the carrier will provide lower quality at lesser rate?  Wouldn't there be customers who would take that option and you are taking that away from them? Commissioner Smith said they could still offer a lower rate - it depends on costs.  Once you make an investment, they should pay for it.  For U. S. West they never had non-premium. **Decision was to suspend. Eileen Benner said - if you suspend, put it out for comment from company and carriers, would like to see some comments both ways. Commissioner Smith said they would have to refile before they can comment. **Discussed the procedure. Approved suspending and asking for comments. Commissioner Smith said to say one option would be x and we invite people to comment. Don Howell will work with Eileen Benner on this. 9.  Scott Woodbury's July 17, 1991 Decision Memorandum re:  Avoided Cost-Variable Rate-petition for Reconsideration. -5- Commissioner Miller said he thought Scott Woodbury's idea was good. Scott Woodbury said if you don't want to go through all of this, you could say it is not a true petition for reconsideration and just extend the filing period for petitions for reconsideration and opportunity for discovery and then if they have some true objections, go from there. Commissioner Smith said she liked Scott Woodbury's recommendation in decision memo. Other Commissioners concurred. 10.  Informal request of A. W. Brown for filing extension from July 22 to July 26 - IPC-E-91-4. Scott Woodbury explained his call from Arkoosh. Commissioners okayed extension. Adjourned at 11:45 a.m.         DATED at Boise, Idaho this       day of September, 1991.                           PRESIDENT                           COMMISSIONER                           COMMISSIONER ATTEST:                               Commission Secretary 0054M