19920810.docx

MINUTES OF DECISION MEETING
August 10, 1992 - 1:30 p.m.
In attendance were:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Mike Gilmore, Lori Mann, Scott Woodbury, Tonya Clark, Terri Carlock, Stephanie Miller, Jim Long, Birdelle Brown, Gary Richardson, Belinda Andeson, Lynn Anderson, Don Oliason, Randy Lobb and Myrna Walters.
Also in attendance was Dan Poole from U. S. West.
Commissioner Smith thanked the Picnic Committee for the Good job on the Annual Picnic.
Items from the August 10, 1992 Agenda were discussed as follows.
1.  Regulated Carrier Division Agenda dated August 10, 1992.
Commissioner Miller said it looked fine to him.
Commissioner Nelson said okay.
Tonya Clark asked if there wasn't someway that these people coming in from other states and operating in Idaho for a short time, isn't there a way to give reciprocity?  Rather than go through procedure, recognize their authority?
Mike Gilmore said problem with that is Montana and Wyoming have significantly lower insurance requirements.  Don't want them operating in Idaho under those limits.
Commissioner Miller said if the standards are equal to or greater than other states, would want to be sure they have gone through the equivalent requirements.
Commissioner Nelson said his concern was lower insurance rates so they could undercut.
Tonya Clark said the BLM had contracted with Montana firefighters for firefighters and transportation.
**Mary Friddle was in attendance at this time.
2.  Mary Friddle's Decision Memorandum re:  CCI of Washington.
Commissioner Smith asked if Idaho Power company had contacted anyone else about this?
Mary Friddle said they spoke to Mountain West.
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Commissioner Nelson asked about CCI's insurance?
**They have filed.
Commissioner Miller said he thought the filing was sufficient for temporary.  Thought they met requirements for a temporary.  Thought it should be granted.  Whether we want to hold a hearing on Dart's complaint was something we could do.  They did tend to raise fitness allegation.  On fitness basis, maybe there is a basis for inquiry by hearing.
Commissioner Nelson asked - do we know if CCI has EPA activity letter?
Mary Friddle said yes.
Commissioner Nelson said he would move to grant the temporary.   Thought there were good questions raised but they have been answered.
Mary Friddle asked if the statewide should be granted?
Commissioner Nelson said to give it to them on this contrct only.  Would rather it go out on modified rather than hearing.  Thought Barton's concern might be moot if he got part of the job.  
Tonya Clark said she thought it was good policy to issue temporary to the limited route because of the emergency.  Couldn't see the urgency for statewide.
Commissioner Smith commented - as to the insurance allegations, they have to meet our requirements.
Commissioner Miller said we are all agreed on temporary.  Where is their place of business?  Do they have an Idaho office?
Mary Friddle said not that she knew of.
Commissioner Smith suggested in doing the temporary, speak to the issues.  One million dollars does meet our requirements and we checked on the EPA activity letter and they do possess one.  Then put it out on modified.
3.  Mary Friddle's Decision Memorandum re:  Tri-State General Construction.
Commissioner Nelson spoke to the move.
Commissioner Smith said - think we need to take some action on this.  He never maintains insurance.  Even though
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his permit was revoked, he has this ad.
Commissioner Miller said his thought would be to deny the temporary and have a hearing on the permanent and if there is someway to give public notice that we have denied the temporary, then until we have the hearing, he does not have authority.  Is there a histroy of accidents, over and above his ability to meet filing requirements?
Mary Friddle said she didn't find any evidence in the files.  Did have one unsatisfactory safety rating.
Commissioner Miller asked - that has never been upgraded?
Commissioner Nelson said give the history, we could at least require satisfactory rating before the permit is issued.
Tonya Clark said it is standard procedure for a permanent.  Can get conditional on temporary.
Commissioner Nelson asked - why does he need temporary only, he needs permanent.
Mary Friddle explained he has applied for temporary and permanent.
Decision was:  deny the temporary - have a hearing on the permanent.
Commissioner Smith said she thought a hearing was necessary because it is going to take a lot to convince her with his prior history.  If we issue him a permit, want to condition it on effective insurance and penalities if he lets it lapse.
4.  Lynn Anderson's July 29, 1992 Decision Memorandum re:  Springfield Petition for Toll-Free Calling.
Commissioner Nelson asked - if all they can get is 85, thought we had a higher benchmark?  Said his thought was to see if we couldn't discuss Whitebird first to establish some better criteria since we are talking about more than one company like Whitebird and the case here - to see when we did grant EAS and see how this fits in.
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Mike Gilmore suggested Troy/Moscow being in the discussion.
Commissioner Smith said regardless of whether we do this or not, think Lynn Anderson should do further investigation to get calling numbers on this route.  Thought it would be worthwhile to find out if the high calling pattern of use was evenly distributed across the customers or if you have a few customers making most of the calls, thereby uping the average.  That would be the significant difference.
Commissioner Miller said both those ideas are fine.  Wonder if we shouldn't have a public hearing, they are always helpful.  Asked Lynn Anderson if half the customers are petitioners?
Lynn Anderson said yes - 50%.
Commissioner Miller said that was enough participation to warrant a hearing.  Perhaps Commission could get this on the record and perhaps we could discuss this one about the same time we discuss the other one.
Lynn Anderson said there is an outstanding Elk City petition also.
**There is not a hearing scheduled on Troy/Moscow yet.
Commissioner Nelson said he thought Commissioners needed to sit down and talk about what warrants granting of these EAS petitions, formulate some reasons.  It is easy to deny.  There are some situations where you would decide that really is a burden (long distance charges).  Need good definition of community of interest or some other criteria.  The Washington idea of saying if there is certain percentage of toll calls made in that area, might be worth looking at.
Commissioner Miller said he didn't know if any of these cases should be the criteria for that.
Commissioner Nelson said he would like a policy now.
Commissioner Miller asked - how are we going to do that outside of a formal hearing, rulemaking?
COmmissioner Nelson said we should find some fully-submitted case to discuss.  Think we need to establish some criteria to go by.
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Asked - for now, should we instruct Lynn Anderson to accumulate data?
Commissioner Smith asked if we should have hearing?
Are going to Aberdeen in October.
Commissioner Nelson said if it is ready by October, that would be great.
Commissioner Smith said lets wait to see what more Lynn Anderson finds out.
Commissioner Miler said another item of mention is the presence of other toll providers.  Circumstance here isn't different from Albion in that regard.
Commissioner Smith asked Lynn Anderson to let Commissioners know what he finds out.
5.  Birdelle Brown's August 3, 1992 Decision Memorandum re:  GTE Advice 92-5 to Revise Call Restriction Service, Effective Date, August 18, 1992.
Approved.
6.  Scott Woodbury's August 6, 1992 Decision Memorandum re:  ATL-E-92-1 - Tariff Surcharges.
Scott Woodbury said he spoke to Conley Ward.  He hadn't talked to Lynn Stevenson.  Didn't know what company position was.  Company missed its August 1 deadline for filing an informal report.
Conley Ward had tax hearing today with Lynn Anderson.
Commissioner Miller asked - are we expecting to hear from him?
Scott Woodbury said yes, he expects to hear from him.
**Hold til next Monday.
Commissioner Nelson said he was hesitant to have company file rate case.
Commissioner Miller said his impression is they want to file.
Don Oliason said Lynn Stevenson said he was going to file 6 weeks ago.
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Commissioner Miller said if we are going to hold this, want to look at all prior computations.
Scott woodbury said Bob Smith did check on the computations and it is reflected in his comments.
Commissioner Nelson said he thought we allowed depreciation on old unit.  This one is considerably more.  Think some increase is justified but don't know what it is.
Commissioner Miller wants information on depreciation.
Scott Woodbury said he wanted to talk to the company and get their thoughts.
7.  Terri Carlock's August 7, 1992 Decision Memorandum re:  Washington Water Power Company's Request to Issue and Sell Up To and Including 750,000 Share of Common Stock - Case No. WWP-S-92-1.
Approved.
Meeting adjourned at 2:15 p.m.
Dated at Boise, Idaho, this 6th day of October, 1992.
Myrna J. Walters
Commission Secretary
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