19920127.docx

MINUTES OF DECISION MEETING
January 27, 1992 - 1:30 p.m.
In attendance:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Mike Gilmore, Scott Woodbury, Lori Mann, Gary Richardson, Belinda Anderson, Tonya Clark, Stephanie Miller, Bev Barker, Rose Schulte, Jim Long, Don Oliason, Allan Killian, Birdelle Brown, Jack Taylor and Myrna Walters.
The following are transcribed minutes from notes taken at the January 27, 1992 Decision Meeting.  
Items from the January 27, 1992 Agenda were discussed as follows.
1.  Lori Mann's January 23, 1992 Decision Memorandum re:  McDaniel Trucking; Case No. M-7035-8.
Question was asked - can a trust get a permit?
Response was affirmative.
Commissioner Nelson asked if they can legally operate as a business?
Commissioner Miller said he thought that was a matter for the Secretary of State.
Commissioner Smith said to give him the whole state and transfer the permit to McDaniel Trucking Trust.
Commissioner Miller said the thing the Commission doesn't know whether the insurance company will insure them in that capacity.
Commissioner Nelson said they have to give the Commission a binder before they start operating.
**Decision was to approve it and see what happens with the insurance filing.
2.  Terri Carlock's January 24, 1992 Decision Memorandum re:  Pacificorp Authority to Issue Bonds and Assume Debt for Colorado-Ute.  PAC-S-91-5.
Commissioner Nelson said he would move approval.
Okayed by other two commissioners.
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3.  Belinda Anderson's January 16, 1992 Decision Memorandum re:  Silverado's Request for Exemption from Idaho Code 62-607 et al.  (Held from January 23, 1992 Decision Meeting.)
Belinda Anderson reported on her contact with Silverado.  They intend to withdraw the request for exemption from 62-607.  Went to Ada County jail and explained the problem.  The MTS schedule for the inmate  calls will prevail and he will withdraw the other schedule.  Only thing left is surcharges from those outside.  He will fax it in.
Commissioner Smith said we will hold to see if Silverado files a proposal to withdraw their request.
**Go ahead with the zero minus order.
Commissioner Miller said thinking more about this question of whether it constitutes deaveraging or not, putting aside that, think he would tend to be pretty liberal in granting and finding if it deaveraged, then it is okay.  The statute allows the Commission to find that.  Understand the staff's worrying about that.  This ultimately leads to geographic deaveraging, and would never get to a point ...permitting the companies to in effect package the way they do this is not objectionable to him and if it appears that is what they are doing, if the weight of legal argument is that that does constitute deaveraging, will be pretty liberal and authorize it.
Commissioner Nelson said he would give it full consideration.
4.  Scott Woodbury's January 23, 1992 Decision Memorandum re:  Firm Energy Sales Agreement - Idaho Power/Swift Creek - IPC-E-92-2.
Scott Woodbury explained there was a complaint filed against Idaho Power Company and Pacific Power & Light Company.  There has bee no order with respect to this particular facility.  However, the company is interpreting generic language as applying, the language dates back to earlier contract verbage.  They have since changed that indicating that just for an obligation to purchase.
Commissioner Miller asked if Scott Woodbury had talked to Bart Kline to see why it was in here.
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Scott Woodbury said Conley Ward wanted the language removed and the company refused.
COmmissioner Miller asked why Conley Ward didn't want it?
Scott Woodbury said he thought it was inaccurate.  It just seems to be a misstatement because there have been no prior orders on this facility.
Commissioner Nelson suggested substituting Congress for Commission.
Scott Woodbury said he didn't know why they went back to the old language on this.  It is not really a big deal, though.
Commissioner Miller said he was having a hard time seeing why it matters to anyone.
Commissioner Nelson said they didn't cite an order or anything.  Could comment in the order that we can't find any specific cite where we ordered them to sign a contract.
Other Commissioners agreed.
Say we don't understand why they said that.
Scott Woodbury said the only two issues outstanding are transmission agreement still to be negotiated and the license which expires in October, which has to be renewed.  Those are two contingencies.
Commissioner Smith asked about the K factor?
Scott Woodbury explained.  The parties have agreed to it.  Other than that all the terms are those that we have had before.
5.  Don Oliason's January 24, 1992 Decision Memorandum re:  Complaint of Mr. George Gow - Case No. PPL-E-91-3.
Commissioner Nelson asked if Mr. Gow got a copy of the decision memo?
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Scott Woodbury said he sent it to his attorney.  Called him about it.  Told him staff believes the siting of the line to Gow only contributes to about 5% of the outages.  Told him staff's recommendation.  He thanked the Commission for investigating it and thought it was a good way to resolve the case.
Commissioner Smith said to say in the order we undertook the investigation.  Moving the line isn't the solution and we will order the following.
Commissioner Nelson asked if it should be held for a week?  
Don Oliason said he used the outage information and PPL didn't argue.  Explained his attachment.
Commissioner Miller asked Don Oliason if there would be any value to the two points, one of which was requiring company to report back in a time certain?
Don Oliason said he thought a time certain would be a good idea.
Commissioner Smith asked him what a reasonable time would be?
Don Oliason said he thought 3/4 weeks.  Part of it is getting together with WWP and figuring out a better way to do it.
**Give company 45 days to respond.
Meeting adjourned.
Dated at Boise, Idaho, this 19th day of February, 1992.

Myrna J. Walters
Commission Secretary
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