19920506.docx

MINUTES OF DECISION MEETING
May 6, 1992 - 1:30 p.m.
In attendance were:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Mike Gilmore, Scott Woodbury, Don Howell, Gary Richardson, Jim Long, Belinda Anderson, Birdelle Brown, Tonya Clark, Allan Killian, Stephanie Miller, Eileen Benner, Lori Mann, Terri Carlock and Myrna Walters.  Also in attendance was Ron Lightfoot of U. S. West.
Items from the May 6, 1992 Agenda were discussed as follows.  
The following Minutes are transcribed from notes taken at the Decision Meeting by Commission Secretary, Myrna Walters.
1.  Allan Killian's April 28, 1992 Decision Memorandum re:  All West Auto Transport Co. Case No. M-7754-1.
Commissioner Nelson commented it looked like someone in north Idaho could be needed - why are they protesting?
Allan Killian responded.  Said everything is coming out of Boise.
Commissioner Miller said it seemed to him it was kind of the Commission's general attitude that a protest that has a generalized allegation of use of existing service isn't enough for a hearing.  That is how he feels about these things.
Commissioner Nelson said he was willing to accept that.
Commissioner Miller said he was not sure if we have a policy along those lines.  Seemed like we have denied hearing request for similar matters.
Mike Gilmore said if you set this hearing in Coeur d'Alene, am willing to bet Boise protestants would not show up.
Commissioner Nelson said he thought Commission should find good and sufficient reason to deny the request for hearing.
Commissioner Smith asked Allan Killian what the letter of support said specifically?
Allan Killian replied - he said the carriers already exceeded the need.
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**After discussion, was decided to grant the application.
2.  Regulated Carrier Division Agenda dated May 6, 1992.
Commissioner Nelson said he was wondering if General Plastics amended their permit to satisfy any of our concerns?  Asked if they didn't have a negative balance on the financial statement?  Have a problem with that.
Tonya Clark said - could have staff contact the applicant and get more information.
**Commissioner Nelson will dissent if they have a negative net worth.
Commissioner Miller said if Commissioner Nelson wanted to give them time for another financial statement, that was okay with him.
Commissioner Nelson suggested okaying everything else and having Regulated Carrier Division contact him.
Commissioner Smith said to tell him his permit is being held up.  
**All items were approved except General Plastics.
**Give General Plastics 21 days to comply.
3.  Jim Long's April 22, 1992 Decision Memorandum re:  Case No. PNB-T-92-1; U. S. West Filing for Change of Certificate of Convenience and Necessity No. 313 to Reflect Name Change to U. S. West and for a Contiguous Boundary Change Between Kamiah and Kooskia Exchanges.
Boundary change was approved.
4.  Jim Long's April 24, 1992 Decision Memorandum re:  Elk City, Red River and Dixie (Elk City Exchange) Petition for Toll-Free Calling to Grangeville.
Commissioner Smith commented it probably was not possible to deny an investigation when you get 220 signatures.
Commissioner Nelson said he thought Commission should open an investigation.
**New Case will be started.
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5.  Eileen Benner's May 4, 1992 Decision Memorandum re:  GTE-T-92-2; revision to Access Tariff for clarity.
Approved.
6.  Rate Change Request of Randolph V. Peterson-Requestor, Littlewood Hydroelectric Plant, Carey, Idaho.  (Scott Woodbury).
Matter was held at this time.
7.  Scott Woodbury's May 1, 1992 Decision Memorandum re:  Case No. IPC-E-92-6; Trigger Case.
Scott Woodbury said he had spoken to both Bart Kline and Peter Richardson and the morning of tghe l8th of June will not work.  They could have it at 2:30.  They would like a little direction.  Are there issues the Commission wants addressed?
Commissioner Nelson said he would like this short term firm sale addressed.  Don't understand why if their sales contracts expire before the end load resource balance period it wouldn't matter whether they were in or out.  Am missing something there.  Have to wonder if it isn't time, given the push the Commission is putting on this if it isn't time to include conservation in the resource stack.
Scott Woodbury said he didn't think we have said it coualdn't be included but have said you have to have firm contracts for that.  
**Decision was to argue the case in 10 days.
**Short term firm sales is an issue.
Commissioner Miller said it is appropriate to have oral argument on because we now have record from company testimony and statements by parties;  know what the questions are.  To him that is the type of question that oral argument will be helpful on, as opposed to noodling it out ourselves.  
Scott Woodbury asked if it could be limited to argument on that issue or if it is left open-ended, won't we have Ravenscroft coming in on grandfathering?
**That needs to be a separate case.
Commissioner Miller said he thought Commission should do an order setting out the issues.
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Scott Woodbury will draft the order.
**All three Commissioners were in agreement that grandfathering should be a separate case.
Commissioner Miller said issue is something along the lines...is what is proper interpretation of prior orders or inclusion of short term sales and if the Commission's prior order don't answer that, what is the policy for inclusion.
Commissioners want language about underlying methodology.
8.  Letter from Kenneth G. Bergquist to Marsha Smith, Commission President, re:  Citizens Utilities Company 1992 Stock Split.
Commissioner Miller wanted to know what Mike Gilmore thought about this?
Mike Gilmore said he thought the policy was not right.  Read the Code on stock certificates.
Commissioner Smith said they ought to at least go through the motion.  If we did it wrong in the past, speak to that.  Thought letter of response from staff attorney telling them about the Code requirement would be in order.
Thought letter from Mike Gilmore would be the response.
Commissioner Nelson said he thought it was done normally in 82 and 86.
Terri Carlock said in '86 they just let it go through.
Commissioner Smith said whatever happened in the past, think the proper thing now is to do what the Statute says.
Mike Gilmore read the Statute.
Commissioner Smith said she thought that contemplates an application and an order.
Mike Gilmore said the Statute has a fee provision.
Commissioner Miller discussed the stock split and what it incurs and doesn't incur.  It is simply a deal between company and stockholders.  If this is a stock split, do we really care?  The Statute is to keep a grasp on utility borrowings, if those things don't change, do we really care?  
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Commissioner Smith asked if a Minute Entry would be sufficient?
Terri Carlock explained what does change.  
Commissioner Miller said we could have Mikg Gilmore give Ken Bergquist the staff interpretation and if he wants to get it before the Commission, okay.
**Mike Gilmore is to write to Ken Bergquist.
9.  Don Howell's May 5, 1992 Decision Memorandum re:  ICC Rulemaking to Exempt Railroad Demurrage Charges from Regulation.
Commissioner Nelson said he thought Commission should write them a letter saying getting rid of demurrage charges would encourage railroad services in Idaho.
Commissioner Smith asked Don Howell if the shippers know about this?
Don Howell responded.
Commissioner Nelson said it would be interesting to see how this affects those who only get services once a week.
Don Howell said he wasn't proposing the Commission file anything but could send a letter notice to the shippers.
Tonya Clark suggested having the railroad do the notice or Gary Richardson could do a press release.
Commissioner Smith asked Commissioner Miller if he wanted to do anything?
Commissioner Nelson said he thought shippers would appreciate a notice.
Commissioner Smith said her concern is there must be hundreds of shippers.  The big ones probably already know.
**Decision was to take no action.
10. Mike Gilmore's April 24, 1992 Decision Memorandum re:  Case No. 31.D-R-91-3 - The Telecommunications Relay Services (TRS) Rulemaking: Phase 2.
Commissioner Smith asked if the May 1 date happened in April?
**Decision meeting was after May - May 15.
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General Order had only a couple of changes.
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Commissioner Smith suggested deleting "offering".
Said she hoped she was understanding this right, we are just making up the difference on calls and actual expense and reading.  Was afraid she had this all wrong in her mind.  Thought we would have a procedure and would bill those using it.
Mike Gilmore said local calls there will be no bill at all.  They may be billed by the local company rather than TRS.  Don't think anyone knows the answer to that.  
Said this rulemaking is just for the difference.  They are to work out the billing.
Commissioner Miller said - but in some manner the local exchange part of the business is going to have to support the TRS.  We are trying to figure out the right method.
Mike Gilmore said the TRS provider will not be able to get all the money from the provider.
Approved draft orders, after discussion.
Item 11 was held at this time - 31.D-R-90-1 - Telephone Service Outage Rulemaking.
Meeting adjourned at 2:15 p.m.
Dated at Boise, Idaho, this 10th day of July, 1992.
Myrna J. Walters
Commission Secretary
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