19920408.docx

MINUTES OF DECISION MEETING
April 8, 1992 - 1:30 p.m.
In attendance:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Mike Gilmore, Don Howell, Lori Mann, Terri Carlock, Tonya Clark, Bill Eastlake, Scott Woodbury, Stephanie Miller, Nancy Harman, Jim Long, Gary Richardson, Syd Lansing and Myrna Walters.
**Also in attendance were Walt Sorg of GTE and Cathy Brightwell and Becky Plaggemeyer of AT&T and John Souba from U. S. West.
Items from the April 8, 1992 Agenda were discussed as follows.  These Minutes are transcribed from notes taken at the decision meeting, by Myrna Walters, Commission Secretary.
1.  Don Howell's April 1, 1992 Decision Memorandum re:  Closing UP's Kellogg Freight Agency, Case No. UP-RR-92-1.
Commissioner Nelson commented he didn't remember safety being an issue before.
Don Howell explained what it says about the agents.
Commissioner Nelson said he didn't know if they proved enough of a case to hold a hearing.
Commissioner Smith said they didn't for her.
Commissioner Miller asked of it was better to grant it now or wait.  If it is going to be added as additional argument at ICC, would it be better to get their initial written decision and petition for reconsideration on this or grant this now and try to submit while it is still under summation?  Can they consider new evidence now?  Wouldn't it be better to wait on this?  Let them issue their order and then file?
Don Howell said - if you were to decide to allow railroad to close agencies, that constitutes new evidence.
Commissioner Smith said if you are looking at it from their position, wouldn't it be nice to have this come along to change your mind and save face?
Don Howell said we are in a very awkward stage of the case.
Commissioner Smith said if you file a motion, someone has to talk about that.
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Don Howell suggested filing a joint motion.
Commissioner Miller said perhaps they will upon reflection reverse their preliminary decision and deny abandonment and we would want to keep the agent.
Commissioner Smith said if they should change their minds, we don't want to get ahead of this.
Don Howell said once they issue a decision based on the reasoning, we would have 20 days to issue this order and file a motion.  We have submitted other documents to the ICC since January 28 but haven't submitted them with any arguments and it was the U. S. Fish and Wildlife letter.
Commissioner Smith said the question is:  do we want to hold this until after an ICC order.
Commissioner Miller said that was his preference.
Commissioner Nelson said his preference would be to decide it now.
Commissioner Smith said if the ICC reverses the decision, we would loose the agent.
Commissioner Nelson said we have already said there aren't any shippers that opposed the closing of the agency.
Would take a hearing with objections from shippers to change his mind.
Commissioner Smith said the shippers were only willing to let their agent go if they lost the line.  Would want their agent if they save the line.
Commissioner Nelson said if there was any chance the ICC was going to reverse their motion.... could hold the matter.  If that is what the other two commissioners want to do, wouldn't object.
**Put on agenda as soon as there is an ICC order.
2.  Lori Mann's April 23, 1992 Decision Memorandum re:  Idaho Power's Low-Income Weatherization Program Modifications; Case No. IPC-E-89-6.
Commissioner Smith asked if there was any reason to not just do a Minute Entry?
Commissioner Miller said - want to be sure this new test is appropriate and that it won't in fact discourage or make more difficult, low income weatherization programs.
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Bill Eastlake said it doesn't discourage, it actually encourages.  What is there now is a simple payback.  Most of these measures have 15/20/25 year lives.  This new way of doing it is mandated in the federal register.  It effectively lengthens the payback period.
Commissioner Miller said - so this creates a better benefit for low income customers?  It makes more projects financable?
Bill Eastlake replied this is actually good.
**Approve by minute entry.
Nancy Harman, Pat Corpus and Brad Purdy were in attendance at this time.
3.  Nancy Harman's April 3, 1992 Decision Memorandum re:  Elizabeth Doty Complaint.
Commissioner Nelson said he thought the Commission had done everything they could for Mrs. Doty.
Commissioner Smith said she would take Randy Lobb's report, send it to her with a letter saying we have done an investigation that would be the same if it were a formal complaint and we treated it as one already.  Have done the investigation.  Understand her disappointment that the measures she took didn't save energy but there is nothing more we can do for her.  Perhaps she should monitor her future useage.  It is not a meter problem.  Outside of sending the summons, we have done everything we would have done if we had sent a summons.  Idaho Power Company put in a new meter in January.  The old one was accurate.  The new one is also.  Randy Lobb did and extensive check.
Question is - who should the letter come from?
Commissioner Miller asked - if someone sends in something that says formal, we have the option of not giving them a hearing?
Mike Gilmore said unless it is filed with all the formalities we have that option.
Commissioner Smith said she has filed formal to avoid disconnection.
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Decision was still needed on who would send the letter to Ms. Doty.
Mike Gilmore suggested it should be someone who supervises both staff members who had worked on the matter.
**Stephanie Miller will respond.
4.  Application of Mountain Fuel Supply Company for authority to issue securities - $75,000,000.
Scott Woodbury said the company has now filed a supplement.  Should perhaps hold it until there is an indication from the company about full compliance of the filing.
Terri Carlock said they claim that if the FCC does not review it... didn't think Commission holding it would be holding them up.
Commissioner Miller asked if they aren't worried about their representation to the SEC?
Terri Carlock said whether they got the order from us or not is not going to delay this... they have made filing with us.  That is what the SEC looks at primarily.
**Approved the filing pending receipt of compliance statement regarding public notice.
Commissioner Miller said he assumed we have no authority to waive compliance with the security issuance requirement?  Can we waive the requirement of security issuance application with this?
Terri Carlock explained the only difference with this company is that we have a contract with the Utah Commission regarding regulation.
Commissioner Miller commented he didn't know what good purpose it serves for us to do this.
**Was decided to prepare order and hold it for filing of copy of public notice.
EXTRA ITEM - Motions in IPC Surcharge Case - IPC-E-90-10.
Commissioner Smith said her first thought was to switch places with the Albion hearing, but that won't work.
So now decided to give the 29th to Albion and the 30th to IPC and to continue May 1 if necessary.
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**Granted Irrigation Pumpers' Motion to Extend Time and Vacate Hearing in IPC-E-92-10.
Discussed the billing cycles of the COmpany.
Commissioner Nelson said he didn't like a rate increase where they are recovering every day.
Mike Gilmore said it wouldn't lead to any permanent rates.
Commissioner Smith said Idaho Power's argument is concentrated on when the pumpers pump.
Mike Gilmore said he thought the last surcharge was just a surcharge.
Discussed slipping the prefile deadline one week.  Want some assurance that we are firm on this date.
Commissioner Smith said she thought it was appropriate to acknowledge Idaho Power's concerns.  Other alternative would have been to go with the company as is and then schedule the others.  Could act on the company testimony.
Commissioner Miller said if we did that it would put the intervenors in a position of proving their cases.  Think scheduling will work better.  They shouldn't line up the other intervenors for a week each.  
Decision was to suspend for 30 days only.  Order should contain some assurances we are going to get this done in an efficient manner.
5.  Mike Gilmore's April 7, 1992 Decision Memorandum re:  Telephone Relay Services (TRS) Rulemaking--Case No. 31.D-R-91-3.
Started on Page 4 of the Decision Memo at Definitions.
Commissioner Smith suggested - if its more convenient for persons using the rules to use the same language as the statute, it might be convenient for them to not have to look up the statute.  Put it all together in a package.
Commissioner Miller said Commission has done that in Motor Carrier Rules.
Asked how do they define telephone corporation?
**Use Legislative definition.
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12.1 - Should it be continued?
Commissioner Miller said if we are going to keep 12.1, it should say independent of the legislative findings... don't know if we have to do that?
**Decision was to leave it blank.
12.2 - Don't think we can say anything more to ITA.  Will use parallel statute language.
Commissioner Smith said she thought Commission should incorporate suggested provisions in the statute.
Mike Gilmore suggested being available in a separate place from the administrator.
Commissioner Miller asked if the two items on Page 8 of the decision memo would wind up in other rules?
Mike Gilmore said he thought it would be easier for people to follow.
Commissioner Miller said he would prefer putting them in here and keeping the other rule.
12.3 - Industry Committee.
Commissioner Miller asked what would happen if it were U. S. West, GTE, AT&T, two from ITA - MCI and one other?
Commissioner Smith suggested:  Four local exchange carriers and 2 from interexchange carriers.  Have to have a manageable number of persons.
Commissioner Miller said if we specify today, they could actually get started.
Commissioner Nelson said he thought Commission appointing is the way to go.
Mike Gilmore said - in any event you could appoint a quorum right away.
Commissioner Smith said the group should be open to allow input from anyone in the industry who has something to say.
Would acknowledge MCI's concerns and include them on the committee.
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Commissioner Miller said - need to get an administrator and get this rolling.
Commissioner Smith said we could just appoint two seats to ITA and they can do that.  It would be more orderly to require them to go through the Commission.
Commissioner Miller said when we get the final names, could do an order appointing them.  Anything them want a change, there would be an order.
Mike Gilmore said you could appoint representative of company so and so.  Appoint companies and let them staff them.
Okayed.
**Want the committee to advice COmmissioners of administrator.   Was hoping it would work like an administrator for the USF.  Don't have a lot of time.
Commissioner Miller asked - would a clarification regarding the selection of the TRS provider be a decision that will automatically be a decision made by the Commission, be enough to take care of U. S. West's concerns?
Mary Hobson of U. S. West replied - yes.
Administrator will make recommendation.  Commissioners will make decision.
**Birdelle Brown as in attendance at this time.
12.4.
Commissioner Smith said she thought Commission needed to add Developmental Disabilities.
**List both organizations.
12.5
Commissioner Miller asked why these hard deadlines had to be here?  Couldn't it be more general?
Mike Gilmore said he thought it could be done later.  Federal wants something about October 1.  Should have the provider selected by September 1.  These deadlines can be slipped.
The FCC has to have the details of how it is going to be provided.  Would have to have name of provider.
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Commissioner Miller said he thought we initially put in these hard dates as a cosmetic thing to show we were moving along.
Decision was to drop the dates except for September 1 and October 1.
Commissioner Miller said he hasn't reviewed the state bidding guidelines.
Commissioner Smith said she had hoped we could devise a system without going through that process.
Mike Gilmore said this is very different.
Commissioner Miller asked what happens if an unsuccessful bidder here says this is a quasi-jurisdictional agency and the selection process is goofy.  Are they better than not having them?  There may be a potential for unsuccessful bidders.
Spoke to bidding process for ROC.  How are we going to address this?
Becky Plaggemeyer of AT&T responded - in Montana the Committee evaluated the bid process.  They had their own system.  There will also be bidders on the Committee.
Mike Gilmore said he didn't think we could ride herd on the state bidding.
Commissioner Smith said - sounds like we all want a structure that probably follows what the state does, but maybe we should charge the administrator along with the committee and the Commission to establish bidding procedure.  
Commissioner Miller said - think in the rule say the procedure will be chosen by open competitive bidding.  Can add that to administrator's duties in the rule.
Commissioner Smith said - rule need not address the recovery at all.  Probably don't need to say it anywhere.
Rule 12.6.
First year isn't going to be anything but a guess.  It will only be a guideline.
Commissioner Smith said in her mind, the administrator's job is happening at the front end.  After they are in place, it should be pretty minimal.
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TRS providers will be making presentations for what they are providing.
Mike Gilmore said he thought Commissioners would like information from the administrator on how it is going (perhaps quarterly).
Rule 12.7 - Resolution of Complaints.
Commissioner Smith asked if we couldn't use our current consumer rules?
Commissioner Miller said just a comment that we will handle them as speedily as possible.  Language of the rule is - that is how the federals say it has to be.
Said he didn't think Commission needed a whole new set of appeals.
Commissioner Nelson asked about bonding for the administrator?
Mike Gilmore said statute requires it.  Tell ITA that statute took care of most of our concerns.
Commissioner Miller said it seemed to him we can do this start-up rule now.  U. S. West and GTE should be complemented saying they should start start-up.
Don't think we should decide today on assessments.  Would like to suggest that rather than proposing any funding mechanisms as ours, list every alternative we can think of.  Ask for comments on alternatives.
**All people could suggest others.
Mike Gilmore said - create it from current information available, or if you have another idea, show how you can make available the data.
Commissioner Miller said something along the lines that it would rely on data that is generally and easily available.  Would think this is one of the circumstances where we would want to maximize options rather than narrow it down to one choice and ask for comment on that.
Mike Gilmore said - should also ask for preference on remittances - quarterly, etc.
Terms of Remittances.
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Commissioner Smith said - would sure like everybody's ideas.
Commissioner Miller said since we are putting several options out and asking for others, should have comments and reply comments.
**One adopted and one proposed.
Get this done. This would be a second one to insert in the appropriate place.
Mike Gilmore said companies indicated that if $20,000 isn't enough, they could get more.
Commissioner Smith went over the costs.
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Ignore GTE comment.
Periodic recontracting and ordering.
Commissioner Smith asked - what are we going to do about getting an administrator right away?
Commissioner Miller said he didn't have any personal idea of who it should be. Suggested that the committee move as soon as possible.
Commissioner Smith said - Commission could appoint temporary administrator.   Drawback might be that the temporary person might have a leg-up.  Key seems to be getting an administrator on board.
Mary Hobson asked Commissioners if they could legally appoint someone?
Commissioner Smith said her problem isn't legal - (1)  Want someone whom the board seems comfortable with, and (2)  Don't have anyone in mind.  Wants someone industry can work with.
Commissioner Miller said - want somebody that understands the industry and can work with them.
Mike Gilmore said - they have a huge credibility problem with the deaf community.
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Meeting adjourned.
Dated at Boise, Idaho, this 27th day of May, 1992.
Myrna J. Walters
Commission Secretary
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