19920518.docx

MINUTES OF DECISION MEETING
May 18, 1992 - 1:30 p.m.
In attendance were:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Mike Gilmore, Randy Lobb, Eileen Benner, Birdelle Brown, Belinda Anderson, Don Howell, Tonya Clark, Bill Eastlake, Lori Mann, Stephanie Miller and Myrna Walters.
Also in attendance were Ron Lightfoot and Mary Hobson of U. S. West.
Items from the May 18, 1992 Decision Meeting Agenda were considered as follows.
1.  Regulated Carrier Division Agenda dated May 18, 1992.
Approved.
2.  Jim Long's May 14, 1992 Decision Memorandum re:  U S West Advice 92-4-S  Provides Tariff Language Change and Updated ITAP Surcharge Calculations.
Approved.
3.  Jim Long's May 14, 1992 Decision Memorandum re:  U S West Advice 92-4-N  Provides Tariff Language Change and UPdated ITAP Surcharge Calculations.
Approved.
4.  Randy Lobb's May 14, 1992 Decision Memorandum re:  Central Office Enabling Rate Averaging for Emergency 911 Service, Case No. GTE-T-91-7.
Commissioner Nelson commented it looked like it was a negotiated settlement.  Would move approval.
So approved by all three Commissioners.
5.  Lori Mann's May 8, 1992 Decision Memorandum re:  White Bird EAS Petition:  Case Nos. CON-T-91-1 & USW-T-91-1.
Commissioner Nelson said it was a good memo - was half-heartedly convinced.  Is to the point where we need to go up there and hear from them.
Commissioner Smith asked if it should be a technical hearing or public comment?
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Commissioner Nelson said - public hearing.
Commissioner Smith asked Commissioner Miller if that was what he wanted?
Commissioner Miller said he wondered if there would be a benefit to do technical and public.
Commissioner Nelson said he was thinking the company and staff could give a short presentation of the possibilities and obstacles and if you had 50 members of the public you would want to give them the time.  If we allow all the companies 15 minutes it won't get done.
Birdelle Brown said she didn't think anyone but AT&T cared.
Commissioner Nelson said he would benefit from hearing from the public and hearing where they call.
**Only will consider White Bird/Grangeville route.
Commissioner Miller said the others are out of the question.
**Go to hearing.
Commissioner Miller said on Page 2, would like to have this considered - from MFJ and public point of view, the same question in Albion/Burley, in order to get the MFJ waiver, there has to be a finding made by the federal court that the route relates to traffic currently not subject to competition by long distance carriers.  Memo indicates there are 10 carriers providing service over this route.  They are potentially there, capable of carrying.  A lot of time has passed since the 1984 ruling.  Wonder what the court would do now.  Would like to see that explored more.  Other than that, think we ought to go to Grangeville or White Bird.
**Syd Lansing and Gary Richardson were in attendance at this time.
Commissioner Smith said she thought it was important to go to Grangeville.
**Will have evening hearing.
6.  Bill Eastlake's May 15, 1992 Decision Memorandum re:  Pacificorp's Advice No. 92-1.
Okayed by Commissioners.
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Commissioner Miller asked what the computer was?  (Wattsun software).
Bill Eastlake explained.
8.  Don Howell's May 15, 1992 Decision Memorandum re:  ITA's Late Petition to Intervene, Case No. USW-S-92-1.
Commissioner Nelson suggested mentioning the lack of timeliness of the petition.
Petition granted.
9.  Mike Gilmore's May 15, 1992 Decision Memorandum re:  IPC-E-92-4 - Idaho Power's Application to Change the Purchase Rate from the Afton Energy Project to an All-Energy Rate.
Commissioner Miller asked if Mike Gilmore got ahold of Peter Richardson?
Mike Gilmore said he just talked to him.
Commissioner Miller asked if the way this settlement is proposed, is there any collateral problem?  
Commissioner Nelson said he guessed his concern was we are bailing Afton out with the 8 cents.
Tom Faull said they are currently getting about 8.2¢.
Commissioner Nelson asked - aren't we bailing them out of an overpayment?
Tom Faull said Idaho Power Company has been keeping the over and under payment clean.  Hopefully this would straighten out the legal fees.  
Mike Gilmore said they are asking for approval of a procedure.
Okayed.
Mike Gilmore will let the parties know before the written order.
Commissioner Miller said the only unknown is what issues they can't resolve and are coming to the Commission with.  Thought this was fine.
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10. Mike Gilmore's May 15, 1992 Decision Memorandum re:  An Overview of the Americans with Disabilities Act (ADA) and its Effect on the Public Utilities Commission.
Commissioner Smith commented when we get our new TRS, everyone can company with the TDD section.  Think all of our decisions on employees don't need to be done today or at a decision meeting.  We are aware of this.  Thought it was a good suggestion to get an ew standards paragraph in our notices saying if you want to particiate and need interpreters, give us notice.
Commissioner Miller said he thought some boiler plate in every notice and press release was good.
Gary Richardson asked about hearings in other towns?
Mike Gilmore said it was the Commission's obligation - they made it very clear about using the excuse of a private facility.
Commissioner Nelson asked - is the timeline for them complaying different from us?
Gary Richards will ask when hearings are set up.
Mike Gilmore said there are no timelimits for program accessibility,.  Anytime we offer a program it has to be acceptable.
Gary Richardson wil put it on his check list.
Commissioner Smith said if nothing else we can sit on the steps and take their testimony.
Commissioner Miller asked - what about public facilities?
Mike Gilmore said they are legally obligated to make all of their programs available.
Commissioner Smith said she thought the signs were a good idea, directing people to where they are accessible.
**Fine would be a good idea.
Commissioner Miller said he guessed Mike Gilmore is satisfied that our Motor Carrier requirements are okay.
Agreed.
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11. Mike Gilmore's May 15, 1992 Decision Memorandum re:  Fees in Upcoming Security Issuance Cases - IPC-E-90-3, WWP-S-90-3, and Yet-To-Be-Filed Citizens Utilities Case.
Commissioner Nelson said he had a little trouble with this reasoning for setting $50 fee because it was no par value (Citizens).
Mike Gilmore said in an ordinary security issuance,  they will give an estimate.
Commissioner Nelson asked - couldn't we get to this by saying no new capital being raised.  In his mind that gives us a firmer basis for handling the next one that comes along.
If we do it because of no par, they would argue for no $50 filing fee.
**Dave Schunke was in attendance at this time.
Commissioner Miller said the lack of new capital was an important point.
Commissioner Nelson said he liked the end result, but not the rationale.
COmmissioner Miller asked - were we thinking of putting this out as a proposed policy and get reply?
Mike Gilmore said since Bergquist's was a letter - if we just send a letter back about the fees, thought that was the way to handle this.
Terri Carlock asked Idaho Power how they would treat it - didn't talk to WWP.
Commissioner Miller asked if Mike Gilmore had heard from Bergquist?
Mike Gilmore said he had not.
Commissioner Smith said she would be in favor of sending a letter and statement to Idaho Power Company and Washington Water Power Company telling them it is $50 filing fee instead of making it end up being a big deal.  Then if anyone has to know why, use Commissioner Nelson's rationale.  Basis is no capital.
**Wait on Citizens to see if they file an application.
Commissioner Miller said they may want to make a point of not filing at all.
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12.  Lori Mann's May 4, 1992 Decision Memorandum re:  Rulamking Proposing Final Rules for Telephone Service Outages; Case No. 31.D-R-90-1.
Commissioner Nelson said he would prop;ose that we leave the numbering the rule the way it is and add Rule 5.1(b) as 5.5a and where it refers to 5.6 refer to 5.1(b).  Take 5.5b on Page 2 under repair commitments and make that 5.5a or 5.1C.  Leave b. as is.  Take repair commitment section and make it C and don't do any of the rest.  5.1(b) as currently written.  Said the reason why is that all of this was in response to U. S. West not doing service calls on holidays falling on Mondays and think we should just address that with the company under the existing 5.1(b).
Commissioner Smith asked about 5.5a - what did Commissioner Nelson have against it?
Commissioner Nelson said he just didn't think it was necessary.  Think they already ssep repair records.
Eileen Benner said they keep records of customer outages.
Ron Lightfoot of U. S. West commented memo of it is automatic.  Didn't know if records were kept for 5 years.
Commissioner Smith asked if all telephone companies take all trouble reports at all times?
Eileen Benner said there are varying policies for all the companies.  U. S. West has their own mechanism to receive reports.
Commissioner Miller said in the context of negotiations, apparently there are no objections.
Eileen Benner said the last round of comments received no comment except ITAs.
**Hold until next meeting.
13. Mike Gilmore's May 15, 1992 Decision Memorandum re:  Rulemaking under the Idaho Telephone Solicitation Act-Idaho Code Section 48-1001 et seq.
Commissioner Smith said basically Mike Gilmore is just asking to have workshops before July 1.
Approved.
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Dated at Boise, Idaho, this 22nd day of July, 1992.
Myrna J. Walters
Commission Secretary
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