Loading...
HomeMy WebLinkAbout19910826.docx Minutes of Decision Meeting August 26, 1991 - 1:30 p.m. In attendance were: Commissioners Joe Miller, Ralph Nelson and Marsha Smith and staff members, Mike Gilmore, Scott Woodbury, Gary Richardson, Brad Purdy, Terri Carlock, Stephanie Miller, Tonya Clark, Keith Hessing, Syd Lansing, Belinda Anderson, Randy Lobb, Birdelle Brown, Lori Mann, Bill Eastlake, Bev Barker, Lynn Anderson and Myrna Walters.  Also in attendance were Dan Poole and Mary Hobson of U. S. West. Items from the August 26, 1991 Agenda were discussed and acted upon as follows. 1.  Regulated Carrier Division Agenda dated August 26, 1991. Commissioner Nelson asked about the first two applications - towing companies.  Why two companies at the same address?  Are they trying to double the number of calls? Tonya Clark said she would check on the two separate applications.  Will check their financial statements. Agenda was approved with the exception of the two towing companies.  Tonya Clark will look into those. 2.  Gary Richardson's July 19, 1991 Decision Memorandum re:  Draft Public Information Policy and Stephanie Miller's August 15, 1991 Decision Memorandum re:  Utilities Division Comments on Proposed Public Information Policy. Mike Gilmore had comment on rule discussing decision meetings.  Other comments were on who gets to waive the 5 cent copy fee. **Leave copy fee rule ambiguous. Commissioner Miller said what to do about decision meetings is one of the more substantive problems.  That is the way the rule used to be.  These are now attended by public.   Mike Gilmore said it was really only applied when it was a judgement. Commissioner Miller said he thought we need to educate the media that what occurs at a decision meeting is not a final decision so that if we do something else, it is not that we changed our minds.  Got misportrayed in the Caller ID matter. -2- Commissioner Smith said everyone should understand that until they get a signed order they don't have anything.  That is the bottom line. **Need to emphasize that every time.  Point out that nobody's mind is made up until a final order is signed.  It is not "changing your mind". Commissioner Miller said modifying orders through edits versus when you should have another public meeting, still don't know. Gary Richardson said it had to do with trap and trace issue. Discussed under "providing information", the first paragraph. Commissioner Miller asked what we were trying to say? Commissioner Smith said in her mind everyone has the obligation to respond when there is an inquiry, but don't want staff calling the Statesman and saying do you know what they did? **Tom Falls, Jim Long, Don Oliason, Don Howell and Madonna Faunce were in attendance at this time. Commissioner Miller said the idea of openness is something we want to portray. Commissioner Nelson suggested taking out the last paragraph under decision meetings. Commissioner Miller said he was not sure what constitutes insider information.  Maybe we could take out the last sentence.   Decision:  Take out last sentence. Mike Gilmore will work on the wording. 3.  Stephanie Miller's August 22, 1991 Decision Memorandum re:  Letter from Perry Swisher concerning Line Extension Policy. Commissioner Nelson asked Randy Lobb if he had taken a look at this actual situation? Randy Lobb said Centennial was looked at.  Other line extension hasn't occurred yet.  Doesn't know if this was a general concern or want Centennial refund. -3- Commissioner Nelson said he wondered if this was a quirk?   Randy Lobb said there will be some each year.  Explained how it happens.  That has always occurred and will continue. Mike Gilmore said that wouldn't be unique to school districts. Commissioner Miller asked what the school district was getting at? Randy Lobb said he didn't know why the school board raised this.  The school district has the opportunity to recover their costs.  It is more a matter of a school choosing a rural area. Commissioner Smith said school district chose the location, there were no utilities there. Commissioner Miller suggested letting Stephanie Miller respond appropriately.   4.  Randy Lobb's August 22, 1991 Decision Memorandum re:  GTE Advice No. 91-8 - Dial Datalink Service - Case No. GTE-T-91-3. Commissioner Smith said they have beaten her down on this. Commissioner Nelson said it appears at this point it is a way to bring the service to some people who want it.  Might want to look at it in the future. Commissioner Miller said he didn't know how you prevent people from buying it who don't need it. Commissioner Smith asked about full disclosure from the company? Randy Lobb said they indicate they will check the line first to see if there was a problem.  Wouldn't provide the service if it was already meeting data transmission peramaters.  Won't charge the rate and not have anything done. Commissioner Miller asked - will it take an order to wrap it up? Don Howell said they can only test their own facilities. -4- Commissioner Miller said maybe the order could include those thoughts.  Don't know if they are enforceable.  Tests must show it is useful to the customer. Commissioner Smith said the other alternative for the customer is to purchase more sophisticated equipment. Don Howell explained why they will be testing. **Order will be issued. 5.  Birdelle Brown's August 20, 1991 Decision Memorandum re:  Three Complaints re:  AT&T's New Private Line Charges. Commissioner Miller asked if this was what local companies had been charging for .. and AT&T priced its service on some other route and now they are pricing it to recover costs?  Is that part of it? Birdelle Brown said that is what AT&T is saying.  They are changing their rate structure. Commissioner Nelson said their costs aren't any more to serve Moscow rather than Lewiston. Commissioner Smith said there is a LATA border there.  Customers are being taken. Mike Gilmore said there is also the question of adequacy.   COmmissioner Miller asked if there were some people for whom the total charge went down? Birdelle Brown said the winners are in the more heavily-populated areas.  It is a nationwide program. Commissioner Nelson asked - does the fact that it is in Spokane rather than Pullman cost more? Don Howell said it is the network configuration.  This is similar to Troy/Moscow EAS. There are 21 Idaho customers. Commissioner Miller said he thought Commission should have more information.  How do we go about it?  Should we have a hearing or an investigation? Commissioner Smith said she thought there should be a hearing.  At the very least these people could come and hear the company say what has happened. -5- Commissioner Miller said if we open a case, ought to be clear at the start, what the Commission determinations are. Mike Gilmore asked - would one of the issues be whether proper notice was given? Discussed the notice given by AT&T. Commissioner Miller said he didn't know if the company knew at the time notice was sent who would get hurt. Don Howell said it has to do with PNB and GTE. Mike Gilmore asked about mileage-based rates being an issue.   Commissioner Miller suggested working on a order opening a case, raising the notice question, raising the jurisdiction to investigate jurisdiction idea. **Schedule some kind of hearing was the decision. 6.  Don Oliason & Rose Schulte's August 21, 1991 Decision Memorandum re:  Quality of electric service in Idaho Power Company's Salmon District. Commissioner Miller commended Don Oliason on his report.  Asked if it was his feeling Idaho Power responded adequately? Don Oliason thought they did.  They went to work and did a good job. Commissioner Smith said she had 3 yes' and a no in answer to staff questions. Since it is a formal case, an order needs to be issued acknowledging receipt of the staff report, complementing the staff and the company for their work and adopting the recommendations. **Staff is to find out about the mine opening. Brad Purdy said at the Salmon town meeting, people raised the question of future growth.  Tried to explain it dealt with service quality, not power capacity.  Could put in caveat about not looking at capacity. Don Oliason said he wondered about making this report available to the customers. **Can put out news release about availability of report. -6- Bev Barker said Rose Schulte felt strongly about the people's concerns.  They are convinced the mine is going to have a negative impact. 7.  Keith Hessing's August 23, 1991 Decision Memorandum re:  UPL-E-90-1 - Load Control Devices. Keith Hessing asked how long this should slide? Commissioner Nelson suggested asking them for a quarterly report. **Get report by June 1. Commissioner Miller asked when we adopted this part of the order, didn't we initially propose a period of time in which it needed to be done and the company said no, we can't but we can get it done by such and such date? Keith Hessing said he didn't remember that occurring. Commissioner Miller said if we accept their proposal, don't know if he would let them off the hook. **Decision was:  approve this but look into what Commissioner Miller questioned. 10. Terri Carlock's August 22, 1991 Decision Memorandum re:  Capitol Water Request to Incur Debt up to $195,000 - Case No. CAP-W-91-1. Commissioner Smith moved approval. Commissioner Nelson said it looked okay to him. Commissioner Miller asked Terri Carlock what she meant by emphasis placed on ratemaking questions? Terri Carlock replied - she and Randy Lobb had questions about if all customers are expected to pay for that well, if it is only for new customers, it shouldn't be that way.  It should be in the advances from developers as it is only for the new customers.  They indicate it is used and useful for all customers.  Haven't been able to sit down and discuss details about why they think it is a benefit to existing customers.   Commissioner Miller said we have standard paragraphs for that. -7- Items 12 and 16 - Lori Mann's August 20, 1991 Decision Memorandum re:  Petition for Reconsideration; Case No. INL-T-90-1 and Birdelle Brown's August 23, 1991 Decision Memorandum re:  Inland Telephone Company Access Rates INL-T-90-1, Order No. 23838. Commissioner Smith said she didn't know what the procedure would be, but it was her intent when the order was signed we bought the 125% access rate.  Because some of the numbers in the USF report were incorrect, it was delayed.  Don't want that to cause the company to jump through more hoops.  Whatever the report says is what we should set it up as.  It is a lower number.  That is where she thought it ought to be. Mike Gilmore suggested Commission could grant rehearing to Inland until the results are in. **Thought timing glitch shouldn't hurt anybody. Commissioner Nelson said apparently we are only talking a couple of days difference.  Am only concerned that we not say, we have an order going out in the middle of March ... we are going to go back and change them.  Rate we set was the best rate we had at the time. Commissioner Smith said one issue that hasn't been decided is what are we going to do when the statewide average changes? Commissioner Miller said it makes more sense to have it be the rate from the report. **Further discussion was held until the next day - August 27, 1991. 13. Lori Mann's August 21, 1991 Decision Memorandum re:  Applications for Intervenor Funding in Caller ID Case Nos. USW-T-91-2 and USW-T-91-6. Considered Idaho Citizens Coalition request first. Commissioner Smith said she went back and got all the findings on intervenor funding and even though we said only intervenors, they are clearly a complainant, don't want to urge complainants to ask for intervenor funding, so would deny that. Commissioner Miller said there are certain circumstances where a party may be designated something else when they are -8- really an intervenor.  So, think we should leave open the possibility that that could occur and we are not always bound by the labels that are attached to parties.  In circumstances where a party is really an intervenor, that shouldn't stand in the way of intervenor funding.  In this case they are clearly a complainant and regardless of what we personally think - for fee and cost awards, legislature has said it is for intervenors, not complainants.  So for that reason, would give no money to ICC. Commissioner Nelson said his question is whether ICC was just a complainant?  Guess he is questioning whether we had an on-going case - 91-2, and then we consolidated the cases for hearing and briefing. Mike Gilmore said their timetables for reconsideration and rehearing were different. Lori Mann said they didn't need to file a complaint.  They could have intervened in the other case. Mike Gilmore said they could have filed their own complaint and intervened both. Commissioner Nelson said he sees this as being different from Hayden Pines.  There was already a docket here. Lori Mann said Scott Burnum was told several times he was not an intervenor in this case. Commissioner Nelson said he thought it was the correct decision. Denied intervenor funding to ICC. ACLU Petition for Intervenor Funding. Commissioner Smith said she had a hard time finding ACLU had anything to do with her decision. Commissioner Nelson said he thought they were not material in raising issues.  They were material in the course or direction of the case.  Think their intervention helped define the issues. Commissioner Smith quoted from the intervenor funding section of the code. Commissioner Miller said he comes out one way on jurisdiction and extent of our comfort and safety and trap and trace issues.  Don't know how to split the numbers. -9- Could make the necessary finding on jurisdiction.  They did help us understand regulating line blocking - they help us get to that conclusion - that then led him to market based line blocking as the way to go.  They were helpful to him to get to that decision on the trap and trace question, was resolved against the ACLU and even though it is not a prevailing party statute, they clearly didn't win on that issue.  As he looks back on trap and trace, it is not a specious or frivolous issue.  Answer was so easy to reach that it ultimately did not seem to him to be a seriously contributable issue.  Could give them some money assuming their work is half and half.  Can give them money on jurisdiction but would not give them money on trap and trace. Commissioner Nelson said if you look at the amount of time on trap and trace, even though they didn't prevail, the issue was of significance. Commissioner Miller said significant on time it consumed.  It was clear to him that the trap and trace statute didn't cover this.  It didn't seem to be a significant issue.  Amount of time spent on that ended up as not being as productive as was the other half of it. Said in review:  One person says they didn't help at all.  One says half and one said helped on everything. Commissioner Nelson asked - did they prove financial hardship? Commissioner Miller said he agreed with Mike Gilmore on that - accepting their affidavits.   Discussed (c). Commissioner Miller said staff didn't criticize our bureaucratic method of signing off on line blocking.  They had their own issue there. Commissioner Smith said Commission thought of 61-302 route and others jumped on that bandwagon. Commissioner Miller reviewed what the statute says on intervenor funding.   Commissioner Nelson said he would vote to award them $7,000. Commissioner Miller said he was going to give them $3,500 because one half went to jurisdiction and one half went to trap and trace.  Award on jurisdiction and not on trap and trace. -10- Lori Mann said most of their production requests and responses were on jurisdiction. Commissioner Nelson said he would negotiate to get a settlement on this., Mike Gilmore said decision is needed on what customer class to collect it from also. Commissioner Nelson said his thinking on their total figure was that they did everything they could to hold costs down.  Didn't think 140 hours was excessive. Commissioner MIller said even though the total is comparative for the amount of work involved and they were very cost conscious, would like to make some adjustment because they were not terribly helpful on trap and trace.  So if we want to start with $7,000 and make adjustment for that, could go with $5,000. Commissioner Nelson said he would go with that. Commissioner Smith said she will go back and look at the briefs.   $5,000 was granted - doesn't have to be put in any particular category - assigned to call customer classes.   Will do rest of agenda items at 1:30 p.m., August 27, 1991.         DATED at Boise, Idaho this       day of October, 1991.                           PRESIDENT                           COMMISSIONER                           COMMISSIONER ATTEST:                               Commission Secretary 0061M