19920512.docx

MINUTES OF DECISION MEETING
May 12, 1992 - 1:30 p.m.
In attendance:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Brad Purdy, Tom Faull, Rose Schulte, Birdelle Brown, Syd Lansing, Don Howell, Belinda Anderson, Stephanie Miller, Terri Carlock and Myrna Walters.
Items from the May 12, 1992 Agenda were discussed at this time.
Minutes are transcribed from notes taken at the Decision Meeting by Myrna Walters, Commission Secretary and are signed by her.
1.  Jim Long's May 5, 1992 Decision Memorandum re:  U S West Advice 92-3-S - Requests suspension of TeenLink and TeleChoice access lines from June 1, 1992 through November 30, 1992.
No objection - approved.
2.  Jim Long's May 5, 1992 Decision Memorandum re:  Advice 92-1 - 1992 ITAP Surcharge for Gem State Telephone Utilities Corporation and staff requested change in Tariff language.
Approved staff recommendation.
3.  Brad Purdy's May 6, 1992 Decision Memorandum re:  Case Nos. EAG-W-91-1 and EAG-W-92-1.
Commissioner Smith asked based on what Commission decided on Boise Water, does Commission have any basis to deny amending of their certificate?  Don't know that this is any different from Boise Water and Garden City.  If it is within the county and they have an existing authority, they have the right to extend the certificate.
Commissioner Nelson said unless it is within the city limits or city impact area.
Brad Purdy said if that is the case it still doesn't prevent you from deciding the other issues.  The community of Eagler is fairly well united to its expansion of Eagle water service area.  Purpose would still be served by conducting a hearing.
Commissioner Nelson asked - does the City of Eagle have a municipal system or are they just talking about it?
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Brad Purdy said he understood that there is a development to the north of town that they are setting up a water system for and they intend to possibly enlage that.
Randy Lobb said they took over Lexington Hills with existing homes and a well is drilled.  Don't know if they are actually serving them but it is his understanding Bryce Peterson turned that over to the city.  They are serving whatever homes are connected in Lexington Hills.  It is under construction and is 600 lots.
Commissioner Nelson asked how far that was from Eagle Hills?
Randy Lobb said Floating Feather divides them.  The boundary is Edgewood and Floating Feather.  South and west is Eagle Water.  
*Robert DeShazo was in attendance from Eagle Water.
Mr. DeShazo said it is inside the city limits.
Commissioner Nelson said he would go along with interim approval on the hook-up fees.
**It is subject to refund.
Commissioner Smith asked - is this in addition to the fee already in place?
Commissioner Nelson said it is in addition to $245 already established and in addition to meter.
Commissioner Miller said he thought the Commission could approve the interim hook-up charge, subject to refund.  Ought to do a hearing on whether or not that should become permanent, whether a new well should be constructed and whether expansion should be granted.  Think Case 91-1 should be rolled into 92-1 also.
Brad Purdy explained what was left in Case No. EAG-W-91-1.
Commissioner Miller said he guessed he thought Commission shouldn't just say yes to that.  It is related to issue in 92-1.
Commissioner Nelson said Commission should have a hearing.  Have to settle certificated area issue.
Mr. DeShazo said company is presently serving two subdivisions - Eagle Hills East and Eagle Point #3. (Section 10).  Have been serving one for 5 years.
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Commissioner Smith said the well site is not an issue.  Certificate defines geographic area where you serve.  It is a separate question of where plant is located.
Commissioner Nelson said he also thought a legitimate issue is the security issuance on the new well.
Commissioner Miller said he thought the law on certificates is not settled.  There is a certificate to serve a specific area and then in certain circumstances it is required to build plant.  When it is or not required, it is not clear.
Stephanie Miller said electrics have a different set of rules.
Commissioner Miller said on whether we have discretion to deny expansion of the service territory, it may be an issue that wasn't an issue in Boise Water, the ability to serve.  Am not sure how much of a difference it was.  There it was a contest between two equally-qualified entities.  This may be a different matter.
**Approved the surcharge in the interim.
Brad Purdy asked if it should be funded with interest?
Commissioner Smith said she didn't think it was necessary to decide that today.
**Consolidated Cases 91-1 and 92-1.  Granted interim approval and will schedule a hearing on everything else that needs to be decided.
Commissioner Nelson asked - on the wholesale agreement, has the Association adopted our numbers?  How do they handle connections and disconnections?
Randy Lobb said the Homeowners Association will be treated by Eagle Water as a regular customer and the practices of the Homeowners Association with regard to PUC rules and regulations for collections, etc. would be outside PUC regulation.
Commissioner Nelson asked if that should be a cause of concern for the Commission?
Randy Lobb said if it is different from anyother homeowners association practices, that would be a concern.
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Brad Purdy said he asked if every buyer knows how they are served.  They are sent a copy of the homeowners covenants.  They are given that information upfront.  That eliminated some of staff's concerns.
Commissioner Nelson asked - can we publicly abdicate municipalities?:
Brad Purdy said that was an issue that could be addressed.
**Mary Hobson of U. S. West was in attendance at this time.
5.  Mike Gilmore's May 11, 1992 Decision Memorandum re:  Idaho Power Company Application to Convert the Afton Energy Contract to an All-Energy Purchase Rate - Case No. IPC-E-92-4.
Was discussion on the fact that there was no harm in granting the third extension but also didn't think it was necessary.  Whatever the parties want to do.
6.  Randy Lobb's May 11, 1992 Decision Memorandum re:  Hayden Pines Water Quality Testing Plan; Hayden Pines Water Company Complaint - Case No. HPN-W-91-1.
Commissioner Nelson asked what would be the problem with the company sending results of tests and we follow them?
Randy Lobb replied - no problem and staff plans on looking at them with DEQ.  Only problem is no one has the expertise to analyze the test results, unless they are very clear cut.  So at some point it will be beyond our ability to specify the next course of action and a consultant would be necessary.
Commissioner Smith asked if two months would be long enough to determine?
Randy Lobb said he was not sure.  If it is iron bacteria, you might want to continue but if there is none, two months is satisfactory.
Commissioner Smith asked if the fact that we are going to start it now biases the results?
Randy Lobb said there may be some difference in results but in the final analysis, don't think it matters.
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Commissioner Miller said he thought it might be better, rather than naming time to get consultant, to have Randy Lobb keep on top of this and have him make a recommendation.  Since they are pursuing the testing, think it would be premature now.  
Agreed.
Commissioner Miller said he thought it would also be worthwhile to approve the sampling program, review reports after two months and request recommendation as to when, if necessary, a consultant is needed.
6A.  Don Howell's May 11, 1992 Decision Memorandum re:  Scheduling for the U S West Revenue Sharing Case, Case No. USW-T-92-1.
Commissioner Miller spoke to the scheduling in the decision memo.  Company wants decision while some part of the construction program is still able to be done.  It is a reasonable schedule even though it is a tight schedule.  Could approve it now but if it becomes controversial or if parties need additional time, it is more important to have a complete hearing if one is necessary than to meet the schedule.  It is more important to give careful consideration than to follow a schedule that we weren't responsible for developing.
Commissioner Smith said the construction season length wouldn't drive decision making.
Commissioner Miller said it is it adequate time to explore, would like to be clear to anyone who has an interest in it that the tight schedule doesn't imply that it is a done deal.
Commissioner Smith said he didn't think there was time for rebuttal.  If Commission gets another proposal other than the company, and there has to be cross-filings, rebuttal time is not adequate.
Commissioner Miller said if Commission gets that he would be receptive.
Don Howell asked if Commissioners wanted language like that in the notice?
**In attendance at this time were:  Ron Lightfoot of U. S. West and Eileen Benner and Lynn Anderson of the Staff.
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Commissioner Smith said she didn't want to encourage that.
Would move approval of interventions.  
Commissioner Miller asked about the independents?
Don Howell said the deadline was last week but they are meeting today.
Commissioner Miller said he guessed the point is whenever we adopt a schedule without a prehearing conference there is always the worry that some pople can read into it that this fast track indicates acceptance and that competing proposals wouldn't be accepted.  Need to offset that potential impression.
7.  Lori Mann's May 4, 1992 Decision Memorandum re:  Rulemaking Proposing Final Rules for Telephone Service Outages; Case No. 31.D-R-90-1.
Commissioner Miller said he would move adoption of the rule.
Commissioner Smith said she thought staff deserved some discussion.  Said when she read the current rule (quoted that rule) she was back to wondering why that isn't good enough?  Is there abuse?  Are there problems that can't be taken care of in that context?  How did we get here and why?
Commissioner Nelson said we got here because Contel filed a tariff that they wanted to do more.
Eileen Benner said it wasn't the Contel issue that precipitated this.  It was the U. S. West policy of not repairing service outages on Monday holidays, after Sunday.  Gave an example.  
Then when Contel filed their tariff, the full-month credit came up.  There were also some questions about what constitutes an "emergency".  It seemed to be up to the customer to establish "emergency".  Staff thought that the current provision wasn't enough incentive to establish responsible-enough policies.  Were really looking at getting repairs under 24 hour time-frame.  Then got into discussions with companies about Sunday outages.  Staff still felt it was necessary to have that in a rule.  Said to her the issue is getting it into the rules about commencing repair within 24 hours except Sunday (made provision about Sunday)  Credit provision is a side issue that staff thought the full months' credit for repair outage for more than 24 hours was fair treatment for the customer.  The decisions companies
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look at should be the month's service, keeping an accurage accounting of trouble outages and making 90% compliance with the rule was reasonable.  Think most of the companies think it is a pretty reasonable rule.  Didn't intent to pull in Title 62 companies, unregulated services, etc.
Still have ITA's objections.  Staff made a pitch for approving the rule.  Said Idaho is one of the few states that doesn't have such a rule.
**Beverly Barker was in attendance at this time.
Commissioner Nelson asked Beverly Barker about what the complaint activity was on restoration of service?
Beverly Barker spoke to most of the problems being no weekend or holiday repairs.
Commissioner Smith asked if Commission was still getting complaints since U. S. West has changed their policy?
Eileen Benner said they did change it while the complaint was outstanding.  There is nothing required by a rule.  Staff was directed by the Commission to come up with a rule.
Commissioner Miller said he could support adoption of the rule.  But maybe it should be deferred for a week again.
Commissioner Nelson said maybe we could support part of the adoption of these.
Commissioner Miller said if we are going to go through the comments, need to look at them again.  Would be willing to go through the comments.
Eileen Benner asked if the Commissioners would like a new memo with the comments and to be sure of a concensus of staff.
**Commissioners said they could work from the comments.
**Will be put back on the agenda for the May 18 decision meeting.
Adjourned at 2:20 p.m.
Dated at Boise, Idaho, this 10th day of July, 1992.
Myrna J. Walters
Commission Secretary
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