19920123.docx

MINUTES OF DECISION MEETING
January 23, 1992 - 1:30 p.m.
In attendance:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members:  Mike Gilmore, Belinda Anderson, Bev Barker, Don Howell, Syd Lansing, Scott Woodbury, Tom Faull, Randy Lobb, Keith Hessing, Lori Mann, Jim Long, Stephanie Miller, Gary Richardson, Lynn Anderson, Birdelle Brown and Myrna Walters.
The following items from the January 23, 1992 Agenda were discussed at this time.  Notes were taken by Myrna Walters, Commission Secretary, and transcribed as follows.
1.  Regulated Carrier Division Agenda dated January 23, 1992.
Commissioner Nelson moved approval of Item 1.  Other commissioners concurred.
2.  Lynn Anderson's January 15, 1992 Decision Memorandum re:  U S West-Southern Advice No. 91-9-5.
Lynn Anderson clarified his memo.  Said it did change his recommendation.
Commissioner Nelson said he would recommend approval of the filing.
Commissioner Miller asked if these are the MFJ anti-discrimination changes?
Lynn Anderson said they were not.
Filing was approved by all commissioners.
3.  Belinda Anderson's January 17, 1992 Decision Memorandum re:  Gem State Utilities Corporation's Advice No. 91-5 to add 900 Call Blocking.
Commissioner Miller said it looked good to him.
Commissioner Nelson said he had a legislator talk to him about more publicity on 900 blocking.
Belinda Anderson said Rose Schulte is working on this - is sending out a survey to see how the companies that are capable of the blocking are getting the word out.
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Discussed 900 blocking availability.
Gem State didn't have it two or three years ago.
Don Howell suggested that the company be told to publicize it.  Initial installation of the service is free right now.
Filing was approved.
**Will wait until Rose Schulte finishes her survey, then Commission will decide how to let the people know.
Belinda Anderson asked if Gem State should be told to do customer notification?
**Commissioners asked that the Company be told to  notify customers.
Item 4 was withdrawn.
Item 5 - Lori Mann's January 13, 1992 Decision Memorandum re:  Falls Water's Application to Extend its Area of Service; Case No. FLS-W-91-1.
Commissioner Smith asked that the order note that degradation of service won't be allowed with the introduction of new customers.  Acknowledge the fact that the owner has concerns and say whatever his problem, adding these people will not add to his problem.
Approved the extension.
Item 6 - Belinda Anderson's January 16, 1992 Decision Memorandum re:  Silverado's Request for Exemption from Idaho Code 62-607 et all.
Commissioner Miller said from the decision memorandum, he couldn't tell what Belinda Anderson thought about 0- dialing.
Belinda Anderson explained.
Mike Gilmore asked about MCI, do they have their own telephones in the State?
Belinda Anderson said it might not be their own phones.
Commissioner Smith said she had no problem with the 0-filing.
Said her first question is:  Is automated a different service from non-automated?  Then noted we allow additional
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charge for collect calls.  In her mind the provision of this kind of service in an institution of confinement is very different from the payphone at 5th and Main.
Belinda Anderson said U. S. West is offering their automated operator service at the same rate as live operator.
What bothered her about the filing is institution of variable charges they filed for MTS rates.  That is the real problem.  That is why she added in about the surcharge.  Couldn't justify two MTS rates.
Commissioner Smith said could say that an automated in an institution could be a reason to use a different price.  They might have higher fraud in the institutions.  See it as a different service so don't object to a different price.
Belinda Anderson said if we grant an exemption to this particular provider, what we used to justify the difference may well be something a Title 62 carrier would say is a different service and requires different MTS rate.  This is something that the entire staff met on and discussed.  Were trying to look at what would happen in the future with other providers.
Commissioner Nelson said the different rates weren't justified.  Even though it costs more to collect from the automatic caller, that is a lucrative market out of that institution that should generate ... if they don't want to provide it, someone else will.
Belinda Anderson said they were told to average.
Commissioner Smith said we can't tell them how to price.
Commissioner Nelson said all they have to do is change their operator service charge.
Belinda Anderson explained that she faxed the decision memo to "George" at Silverado.
Commissioner Miller said his initial inclination was to say these are different services so it wouldn't get to the averaging question because it has to do with pricing of same service on different routes; even though in this case you can make distinction between types of services.  Think we are capable of sorting out.. if they try to disguise rate deaveraging.
Commissioner Smith said it is only MTS.
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Lynn Anderson said he didn't recall that MTS deaveraging said different services.
Commissioner Nelson said just on equity, think these inmates are getting a bad deal already by having to pay more...am going to insist on it being averaged.
Commissioner Smith said you could say that this doesn't mean MTS over the same routes, but routes of similar distances and since there is only one route, it wouldn't apply.
Said she did make a note on Page 4 of the Decision Memorandum saying - why not.
Commissioner Miller said he could still get back to it being two different services.
Mike Gilmore said customer relations rules views them as different services.
Commissioner Miller said this is such a unique situation, can't see it as the first step towards deaveraging cost of service.
Question is is it the same service or a different service?
Commissioner Nelson said he was having trouble saying it is a separate service.
Mike Gilmore said the statute only recognizes "service".
Commissioner Miller said he was looking at the tariff description.  They are two different things as described there.  Institutional are fully-automated with less features.
Mike Gilmore asked - is the message telephone service different, in the operator service?  You are deciding the question whether or not there are more than one MTS services, or just one.
Commissioner Miller asked - is this like the difference between business and residential?
Mike Gilmore said it seemed to be identical.
Commissioner Miller explained the filing.
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Commissioner Smith said she thought they were two different services but was mulling over Mike Gilmore's position.
Commissioner Nelson said he was having a lot of trouble letting them charge more on mileage band except on collect call.
Commissioner Miller said he thought all 607 was directed to get at is if you have 10 mile route and its costs are x and another x, you average those two and that is how you get hour maximum rate.  What he didn't think the statute was to do was to take the place of anti-discrimination.  There is an anti-discrimination statute in 61 and in 62.  Had thought the one point of competition was you could discriminate.  Was thinking you wanted to allow companies to price differently depending on who the end user was.  Costs can't make any difference.  This is not an averaging over similar routes question.
Belinda Anderson said they could use different surcharges.  Explained her problem was them using two MTS schedules.
Mike Gilmore suggested an order could be done on the 0- and hold the other.
**Commissioner Smith suggested holding the matter until Monday and see if Belinda Anderson got the company to withdraw this filing and come in with different surcharges.
**Hold til Monday decision meeting.
7.  Randy Lobb's January 21, 1992 Decision Memorandum re:  Extending Suspension Period-Case No. GTE-T-91-7.
Randy Lobb said he was not making any bets that this extension would be enough.
After discussion of the matter and the prior suspension, Commissioners granted the extension of the suspension period.
8.  Scott Woodbury's January 22, 1992 Decision Memorandum re:  IPC-E-92-1 - A Firm Energy Sales Agreement - Auger Falls/Idaho Power Company.
Scott Woodbury said he would suggest the order attached to his decision memorandum be withdrawn.
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Commissioner Smith said she had a question on where exactly this was located.  Should there be a block designation along with the lot?
Keith Hessing explained that sometimes when the river cuts through, there may not be a block number.
Scott Woodbury said on Page 2, the first full paragraph after the schedule, on adjustable - when the contract was initially tendered for consideration in the '22 case, company and Owen Orndorff and Scott Woodbury had a conversation about it being ambiguous.  That is what they meant.  
Commissioner Smith said it would be safer to put it in rather than rely on memory.  Questioned the word just before Conclusions of Law.
Commissioner Miller questioned wording on Page 2 also.  Would like to see a full sentence there.  The word percentage has been added and emphasized is the suggested language.
Commissioners Smith and Miller gave Scott Woodbury their revisions.
**Commissioner Smith asked that the Minutes reflect that Brad Purdy has sent over an order dismissing the CEM complaint against UPL because they have now filed a contract which makes the case moot.  
Minutes will reflect that Commissioners take notice of the filing of the contract in Case No. UPL-E-89-10.
Extra Item - Boise Water Corporation Matter - Letter to Commissioners re:  Water Service Line to One Single Family Residence - copy attached.
Commissioner Smith asked about the easement.
Randy Lobb replied - Johnson owns the property served by the easement.  
Pat Corpus was in attendance at this time.
Pat Corpus explained Mr. Marshall came in and discussed the matter with her.  He is trying to sell the property on Fargo.
Commissioner Smith asked why this was a problem?
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Pat Corpus said he is concerned that the water line from which he is receiving service is on someone else's property, someone will someday buy it - black top over it, etc.
Commissioner Smith said if there is a recorded easement there is no problem.
Randy Lobb said he called Boise Water.  Mr. Randall came to them.  He went to Boise Water - wants to split the Fargo property.  He wants to serve the residence and new construction with the present service line, from State Street.  Company says it is a single residential line.  If they want additional service would have to go through the regular line extension rule.  Any new service will have to come off that.
Commissioner Nelson said if they put the 6 inch line down the street do we have a predetermined cost on actual construction?  
Commissioner Smith said his estimated cost for a well is about 1/2 of what he will cost.
**Decision was to get response from Boise Water Corporation.
**Do formal complaint.
Meeting adjourned.
Dated at Boise, Idaho, this 13th day of February, 1992.
Myrna J. Walters
Commission Secretary
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