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HomeMy WebLinkAbout19920527.docx MINUTES OF DECISION MEETING May 27, 1992 - 1:30 p.m In attendance were: Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Tonya Clark, Brad Purdy, Randy Lobb, Eileen Benner, Beverly Barker, Mary Friddle, Allan Killian, Gary Richardson, Syd Lansing, Stephanie Miller, and Myrna Walters.  Also in attendance were Dan Poole from U. S. West and Conley Ward and Jeff Beck representing Oregon-Idaho Utilities. Items from the May 7, 1992 Agenda were discussed as follows. 1.  Brad Purdy's May 20, 1992 Decision Memorandum re:  Motor Carrier Permit Revocation Hearing April 7, 1992. Commissioner Nelson moved adoption of the findings and recommendations of the hearing examiner. Commissioner Miller said that seemed appropriate. Approved. 2.  Mike Gilmore's May 22, 1992 Decision Memorandum re:  Amendment of U.S.C. Section 11506 by the Intermodal Surface Transportation Efficiency Act of 1991 and Interstate Commerce Commission Rulemaking Under Section 11506--The "Bingo Stamp" Statute and Rule. Held at this time. 3.  Randy Lobb's May 20, 1992 Decision Memorandum re:  Holly Corporation Tariff Revision No. 5:  Proposed Change in Rates Charged by Holly Corp. to Military Traffic Management Command, Mountain Home Terminal. Commissioner Miller asked about the dispute. Randy Lobb replied the Military thinks the rate increase is too high. Commissioner Smith said she thought the filing should be suspended. Commissioner Miller asked if there is a rate that would be in effect in the meantime? Randy Lobb explained the charges. -2- Commissioner Smith asked if there had been any notice? **It is contract signed by the parties. Decision was to suspend it for 60 days. 4.  Birdelle Brown's May 22, 1992 Decision Memorandum re:  Oregon-Idaho Utilities and U S West Joint Application to transfer a Certificate of Public Convenience and Necessity - Case Nos. ORE-T-92-1 and USW-T(S)-92-2. Commissioner Smith stated she thought a hearing was needed.  People have stuff they want to tell the commission  and think we should have a hearing. Commissioner Miller said he thought a hearing would be valuable.  Often when you get the company and customers together it is convenient for them to resolve some of the misunderstandings.  Do think we should try and get it done quicker than August.  If it is just going to be a public hearing, don't see why we can't go to Murphy. Birdelle Brown said it is getting close to when summer residents will be coming. Commissioner Smith said she had looked at the calendar. Commissioner Nelson asked -  no one has the opinion that 27 comments are enough to make a decision? Birdelle Brown said all the Commission asked was what the current four customers thought. Commissioner S0ith said initially she thought it was a good idea.  Didn't think the loss of toll free would be a detriment at first, now am not sure.  It is possible that some service won't be as attractive to them that the subscription rate might not be as high. Birdelle Brown said when she talked to some of these people, given a choice, they would still go with Oregon/Idaho.  There was no discussion about U. S. West providing upgrade. Commissioner Miller said he thought Commissioners need to hear that from them directly. Commissioner Nelson said it isn't as clear cut as we thought it would be. -3- Commissioner Smith said at least we will have given them a forum.  Asked if it should be a night or day hearing? Commissioner Nelson suggested 7 p.m. **Don Howell, Dave Schunke, Don Oliason and Terri Carlock were in attendance at this time. Conley Ward suggested afternoon. **Will decide on place and time for June 17 public hearing. Commissioner Smith asked that U. S. West indicate what the cost would be for one-party service.   **Lynn Anderson was in attendance at this time. **Commissioner Chairman will be assigned **Oregon-Idaho is to provide a list of customers. 5.  Discussion of Notice of Settlement - Motion for Rescheduling in Case No. IPC-E-92-7 - filed by the Staff on May 22, 1992. Discussed the 17th as date.            7.  Brad Purdy's May 19, 1992 Decision Memorandum re:  Intervenor Funding, Case No. IPC-E-92-10. Commissioner Nelson asked if other Commissioners thought any of these guys made a contribution?  Did like Eberle. Commissioner Miller said he thought he was a nice guy.  Didn't know if their position differed enough from staff to meet the standard of material contribution, although it is probably a debatable point on some amount.  Forgot to look at the application.  Asked if Williams broke out his rate?  Think it is difficult to make a finding that amounts are reasonable when all they give is a sum.  If it wouldn't set an undesirable precedent, wouldn't mind asking staff to send interrogatories to list everybody that is a member of ICIP and show us what every member's net income for 1991 was.   Commissioner Nelson said he thought they might withdraw.  Think we should deny ICIP because they didn't show significant hardship. -4- Commissioner Miller said but if we denied them on that ground, would have to deny all of them (none of them had detail).  Somewhere in history there must be a finding that the Pumpers met the hardship test, because we have granted intervenor funding for them. Commissioner Nelson said he thought it was an association and they provided information in the past. Mike Gilmore said in past cases they have spoken to that.  Have never looked behind associations before.   Commissioner Miller said the trouble with denying ICIP, we accepted their contribution of rate design.   Commissioner Nelson said or we could approve it because Idaho Power didn't object, or in the spirit of encouraging participation in cases. Mike Gilmore told Commissioners what they did in the last Idaho Power Case was to give a token amount.  The Pumpers got the bulk of it. Commissioner Smith said if you want to award it on the basis of their participation in the case, Industrial Customers should get the bulk, but don't think any of them made the showing of scrutiny of our requirement.  Would like the statute to mean something.  Think they should show hardship.  It is not very comfortable to deny intervenor funding. Brad Purdy asked about discovery to all three parties. Commissioner Nelson asked about tabling this and asking for information on financial hardship. Commissioner Smith said to tell them they didn't make a showing on financial hardship.   **Ask the parties to break out their costs. Brad Purdy asked about delving into the wealth of the association's members? Commissioner Miller said we have not looked at the individual members and if we look at the association, it will look like a hardship.  From an association point of view that is undoubtedly true.  With respect to utility, with respect to commercial, am willing to look at the association. -5- Discussed Innkeepers'Association.  With the Pumpers Association representation of all pumpers, it is probably appropriate.  Just have problem with Industrial Customers, knowing who they are.  If we ask for the information, know what it is going to look like.  Don't know what the right answers are. Think we should think about this until next Monday's decision meeting. **Will be held at this time. 8.  Terri Carlock's May 22, 1992 Decision Memorandum re:  Shareholder Rights Plan, Case No. IPC-E-90-3. Commissioner Nelson said he didn't see any problem with extending them. Approved. 9.  Terri Carlock's May 22, 1992 Decision Memorandum re:  Shareholder Rights Plan, Case No. WWP-S-90-3. Approved. 2.  Mike Gilmore's May 22, 1992 Decision Memorandum re:  Amendment of U.S.C. Section 11506 by the Intermodal Surface Transportation Efficiency Act of 1991 and Interstate Commerce Commission Rulemaking Under Section 11506--The "Bingo Stamp" Statute and Rule. Commissioner Smith said she thought it might be worth doing comments on limitation of fees.  Don't know how they got that reading. Tonya Clark said she thought they were going to fix that.  One bill clearly limited the states to amount of revenue.  Part of that was because they were talking about making one time grants to states. Conference Committee agreed to the $10 per vehicle limitation.  Don't know how the ICC got so far afield from what Conference Committee decided on that. Mike Gilmore will see what he can find in the Congressional record. Tonya Clark said Danford is taking this on. -6- Mike Gilmore said Regulated Carrier people are getting ancy about ordering bingo stamps. Commissioner Nelson suggested ordering the stamps. Commissioner Miller asked Tonya Clark what her recommendation was? Tonya Clark said originally wanted to go to full base state and work bugs out for '94.  But with ICC and law suit... would be great to use the cab cards for everybody as test program for '94 to gear up.  That is what she would have liked to have done. Commissioner Miller asked if we get the stamps ordered, will we be ready? Mike Gilmore said the ICC has said they would have it done by October 1. Tonya Clark said there have been two requests for extension of time for comments. Commissioner Smith said if you do the base state thing, do you need the stamps? Tonya Clark said no.  You do one or the other.  The staff needs to know - but when is the ICC going to let everyone know?  You don't do this overnight.  Think we would get less hate from the industry side if we did something besides bingo stamps. After discussion was decided to get the bingo stamps for next year. On Page 5 - Commissioner Smith said her instinct was to assert the right to charge the maximum. Asked Mike Gilmore about the Missouri rules? Mike Gilmore said he thought they were a pretty good first cut. Commissioner Smith said she would like to sign off with a collection of states saying it is a good idea. -7- Tonya Clark is going to keep the Commissioners informed. Item 10.  31.D-R-90-1 -- was held at this time. Meeting adjourned at 2:20 p.m. The following Minutes were prepared by me, from notes taken at the May 27, 1992 Decision Meeting. Dated at Boise, Idaho, this 5th day of August Myrna J. Walters Commission Secretary