19911009.docx

Minutes of Decision Meeting
October 9, 1991 - 1:30 p.m.
In attendance:
Commissioners Marsha Smith, Joe Miller and Ralph Nelson; staff members Mike Gilmore, Scott Woodbury, Brad Purdy, Keith Hessing, Don Oliason, Bev Barker, Tonya Clark, Bill Eastlake, Don Howell, Lori Mann and Myrna Walters.
Items from the October 9, 1991 Decision Meeting Agenda were discussed as follows.
1.  Tonya Clark's October 7, 1991 Decision Memorandum re:  Petition for Reconsideration by Reed Gibby dba Evard Partnership, Burley, Idaho.  Case No. M-7679-2.
Commissioner Nelson commented it didn't sound like he did much to comply.
Commissioner Miller asked about Vickers' conversation?
Tonya Clark said they still haven't complied.
Commissioner Nelson said they didn't send it in in six weeks.
Commissioner Miller said they can always reapply.  Tell them when they get things reorganized they can reapply.
Denied petition for reconsideration.
2.  Regulated Carrier Division Agenda dated October 9, 1991.
Commissioner Smith said she would move to approve.
Commissioner Nelson asked if we were requiring more for hazardous materials?
Tonya Clark said more insurance and more questions on safety.
Approved by all three commissioners.
3.  Lori Mann's September 27, 1991 Decision Memorandum re:  Idaho Power's Resource Management Report; Case No. IPC-E-91-9.
Commissioner Nelson suggested sending out an order accepting it but asking them to explore a couple of other areas in the future.   **Those included in Bill Eastlake's testimony.  Haven't decided what to think about Peter Richardson's comments on conservation.
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Commissioner Miller said for him the hardest part is from a policy standpoint or view, is selection of hydro over other sources that are cheaper.  
Commissioner Smith said she wondered about QFs being short-term possibility.
Commissioner Miller said we have kind of worked through that in a couple of circumstances.
Commissioner Nelson said he didn't think there would be anything wrong with discussing what estimated costs are in the report - discuss the other resources even if they are more costly.
Commissioner Miller asked Bill Eastlake about that.
Bill Eastlake said he couldn't think of anything to add to Swan Falls and Milner.  That is the best we could do without getting into externalities.  Didn't think we have to make choices yet.
Commissioner Miller said he liked incorporating observations in the decision memo.  
Lori Mann is to draft a letter response to the Company.
Lori Mann asked about WWP's letter.
Commissioner Miller said he had it.
4.  Beverly Barker's October 2, 1991 Decision Memorandum re:  Implementation of ADA with Respect to establishing a Deaf Relay System.
Commissioner Smith said she called Lorrie Lutz.  Told her the PUC would schedule a meeting.  Council's organizational meeting is the 24th and will wait until that occurs to proceed.  Council will be told of Commissioner Smith's cooperation.  Commissioner Smith told Lorrie Lutz of the urgency.  Maybe that will light a fire under H&W.  She said the difference between deaf and hard of hearing had already surfaced on the Council.  Said she talked to Bev Barker and anything anyone does on this is to be documented.  Had better be careful.  Said she had suggested attending the meeting on the 24th.  Was told to not attend.  That is where it stands.  Said her recommendation is to have Bev Barker write back to John Centa and tell him as soon as the Council has their meeting, etc., we will be happy to work with them.
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Bev Barker said Access for Idaho has also entered the picture.  One of the things they were curious about is relay service.  The chair is Henry Henschide from Boise.  Asked if we have concluded we shouldn't have legislation?
Commissioner Smith said we haven't concluded anything.  Think that is a real open question.
Commissioner Miller said waiting for that group may be a long wait.  If ultimately it is going to get in place by Commission rule, think we need to take a look at what that rule should be.  You have the equipment issue of who if anybody is going to do that, have the operator competence and qualifications issues of the confidentiality of communications through the operator questions to work through.  There is a lot of work in this.
Commissioner Nelson said Commission may want to contract with another state that has already done this.
Commissioner Miller said he wondered if we have more of a leadership role on some of these things; whether we want to start a rulemaking or work in-house on our opinions.
Commissioner Nelson said if we could come to something that has some foundation and send it to them might be an idea.
Commissioner Smith said she thought the informal process would be better.  You may not want it to appear that you are taking over the whole thing.
Commissioner Miller said he thought that by rule rather than legislation, in the short term, is the way to get into compliance with the Act.
Commissioner Smith said given her negative reaction from Lutz, would hesitate having a meeting.
Commissioner Miller suggested working together informally.
Commissioner Smith said we could do that under the guise of looking at technology.
Mike Gilmore suggested having rule in place when you work on a statute.  That is how the USF came to be.
Bev Barker said it might be a good idea for the Commission to get together on what they think first.
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Commissioner Miller said at some point it is going to fall to us.
Mike Gilmore suggested a workshop with the industry.
Commissioner Smith suggested staff doing that informally.
Discussed having staff conduct meetings.
Commissioner Miller asked Bev Barker what she thought the issues were?
Bev Barker said equipment distribution and how to fund.
Discussed funding.
**Randy Lobb, Gary Richardson and Tom Faull were in attendance at this time.
Commissioner Smith said in her mind it wouldn't be done by a surcharge.  Since they have to do it, don't see it being a problem being another cost of the company to be recovered.
Commissioner Miller said he has been leaning away from surcharges.
Commissioner Nelson said he thought Commissioner Smith's suggestion was doable.  Would rather have Legislature fund it.
Commissioner Miller said he can accept it as an appropriate expense for telephone companies because it is not a social program.
Mike Gilmore said this is part of a broader act.  It is not just telephones.
Bev Barker said her reading of the FCC comments was that they were discouraging separate surcharges on customers' bills.
Commissioner Miller said another question is for the relay operators, question has been asked if the message they have been asked to convey is threatening or pornographic, are they supposed to ignore it or take some action to do something else.  Do we have to decide that?
Commissioner Nelson asked if it had been a problem anywhere?
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Commissioner Miller said that could be a legislative question.  Another question is should there be a time discount because it will take longer for these calls.
Stephanie Miller suggested starting with other states who have done rulemaking.
Commissioner Miller said he thought we needed to have staff get this work up and get the questions identified and then at least have us come to some primary decision about what the issues are before we make rulemaking and before we start working with these groups.
Bev Barker said another question is how big a part we will play in this.
Stephanie Miller suggested approaching it like it will ultimately come to us and we need to gear up.
Commissioner Smith said ultimately the phone companies will have to come to us.
**Start with staff.
5.  Scott Woodbury's October 3, 1991 Decision Memorandum re:  Case No. WWP-E-90-4, Electric to Gas Conversion--Installation Deadline.
Commissioner Smith suggested it should be done by order.
Scott Woodbury said it probably shouldn't have come in as a tariff advice.
**Will be approved by order.
6.  Beverly Barker's October 8, 1991 Decision Memorandum re:  Implementation of Order No. 23897, Case No. GNR-*-91-1 - Application of Section 67-2302, Idaho Code, to Payment for Utilities Services.
First question was - should the Commission staff attempt to develop a list of agencies and taxing districts?
Commissioners didn't think staff should do this.
Stephanie Miller commented it is really hard to figure out who is a taxing district.
Commissioner Miller said he didn't think it was unfair to put the burden on the persons who seek the benefit.
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Bev Barker asked if there should be some kind of notification to customers?
Commissioner Miller said they ought to know if they are tax exempt and if that law exists.
Commissioner Smith said utilities should not be directed to use the 90 day cycle.
Bev Barker asked if it was okay to go ahead and charge them interest on the 60th day of the billing cycle?
Commissioner Miller said why not tell them to follow the law.  Don't want to give them an extra 30 days because of this little glitch.
Mike Gilmore said it is a utility problem if it is a computer programming problem.
Commissioner Nelson said he thought this asks us to go beyond our order.
Commissioner Smith said let the utilities do what they want.
Commissioner Miller said the law says 60 days after receipt and you will have to structure accordingly.
Mike Gilmore said the utilities can decide the tradeoff between 90 days and reprogramming.
Commissioner Smith said they have to comply with the law however they choose.
How far back?
Commissioner Miller suggested whatever day our order became final.
Commissioner Smith said they ought to be able to go back 3 years.
61-642 has limits.
Commissioner Miller said he was thinking that the interest collected under tariffs we had approved and even if that was wrong, it was under a filed tariff and in that sense it wasn't an overcharge.
Mike Gilmore asked - do we need an answer other than have parties work it out?
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**If any of them make a refund claim, the Commission can act on that.
7.  Keith Hessing's October 8, 1991 Decision Memorandum re:  Company Revised Filing of Case No. UPL-E-91-3.
Commissioner Smith moved adoption of staff recommendation.  
Commissioner Nelson said he thought 2 weeks ago this wasn't a problem.
Bev Barker said there isn't a problem with them, but UPL/PPL is working on a tariff and we talked about areas that needed to be worked on.
Commissioner Nelson said he didn't want to be out there ramming something down their throats if they haven't been abusive.
After discussion, approved staff recommendation.
8.  Lori Mann's October 8, 1991 Decision Memorandum re:  Boise Water's Objection to Garden City's Intervention in Case No. BOI-W-91-2.
After brief discussion, Commissioners said no to the objections - will not reconsideration the granting of intervention to Garden City.
9 and 10 - Horseshoe Bend Hydroelectric Company/IPCO - Firm Energy Sales Agreement - IPC-E-91-15 and Marysville Hydro Partners/IPCO - Firm Energy Sales Agreement - Case No. IPC-E-91-20.
Approved.
Extra Items - PIN-T-91-1, Pine Telephone Co. request for exemption; USF reporting and Oregon-Idaho Utilities request for USF reporting exemption.
Granted staff recommendation on both Decision Memorandums presented by Eileen Benner.
Meeting adjourned.
See next page for signature.
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        DATED at Boise, Idaho this       day of January, 1992.

Myrna J. Walters
Commission Secretary
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