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Home My WebLink About19920817.docx MINUTES OF DECISION MEETING August 17, 1992 - 1:30 p.m. In attendance: Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Lori Mann, Scott Woodbury, Bob Smith, Randy Lobb, Tonya Clark, Dave Schunke, Bev Barker, Terri Carlock, Stephanie Miller, Mary Friddle and Myrna Walters. Also in attendance was Mary Hobson from U. S. West. Commissioner Smith called the meeting to order. 1. Regulated Carrier Division Agenda dated August 17, 1992. Commissioner Nelson said to approve with restriction of area where he is operating and in the permanent application show why he needs statewide. Based on one letter of support would do that. Commissioner Miller asked if that was a departure from our usual permits? Mary Friddle explained why the exception was written up the way it was (because of insurance). Commissioner Miller said he wouldn't mind looking at whether we should examine the entire state practice but was reluctant to use this as a case to do it. Asked Commissioner Nelson about where he would limit it? Commissioner Nelson said whatever region he is in. Commissioner Smith asked what the regions are? Commissioner Miller said this guy may have business plans to serve the entire state, we don't know. Commissioner Smith asked if we know how many trucks he has? Commissioner Miller said if we are going to seriously think about limiting the territory, should have facts. Temporary was granted. 2. M-7811-1 - held at this time. 3. Scott Woodbury's August 6, 1992 Decision Memorandum re: ATL-E-92-1 - Tariff Surcharges. -2- Scott Woodbury handed out copies of a letter from Conley Ward. Went over the letter. He asks that it be deferred until the end of August. Conley Ward said the surcharge was for all diesel use, and Scott Woodbury said he disagreed with that. Said Commissioner Miller had questions on depreciation and maintenance that was included in the last rate case but don't think it needs to be pursued. **Will wait for the filing of a rate case. 4. Bill Eastlake's August 12, 1992 Decision Memorandum re: PP&L Advice No. 92-3. Approved. 5. Beverly Barker's August 12, 1992 Decision Memorandum re: WWP Request for Exemption from Rule 21.2 of the PUC's Customer Relations Rules. Commissioner Smith commented that it sounded like what staff wants Commissioners to do is put it out for comment on the exemption. Beverly Barker said the rule could be amended. It would just apply to WWP in Coeur d'alene, though. Commissioner Miller said he thought an exemption was better than changing the rule. Do need to emphasize by allowing an agent to perform this function we are not excusing them from what the rule requires. It requires the premise not be connected until an inspection is done. When you look at their procedural steps, it interprets that that is done after hook-up. Need to emphasize that they are only designating. It is WWP's responsibility to comply with the rule. **Will put out for comment for 14 days. 6. Randy Lobb's August 13, 1992 Decision Memorandum re: Results of Water Sampling in the Rimrock Portion of the Hayden Pines Water Company Service Area. Commissioner Smith asked how much this consultant is going to cost? Randy Lobb replied he didn't know. Ford is getting bids. They are water quality management firms and don't know what their expertise is. Said his experience and history would suggest it is going to be fairly reasonable. But if "Bud" is going to choose one it is not going to cost much - but don't know what it will mean. Is somewhat concerned that Hayden Pines is going to specify what is going to be done rather than the consultant telling him. -3- Commissioner Nelson asked if it wasn't tested before? Randy Lobb said no. Don't know if it is even there. Commissioner Miller said he agreed with Randy Lobb's recommendation. Said we have gone along as long as we can go - now it is time for the consultant to do a general review and make recommendations. Commissioner Nelson said he thought the scope should be pretty broad, too. Randy Lobb asked about a timeframe? Is it imperative to put a timeframe on it? If he were him he would wait until he knew about the sale. Lori Mann explained where the sale stands. Randy Lobb said that is four months. Don't see much happening in that time. Commissioner Miller said if you got a consultant and said heres the scope of what we would like done and you told the consultant to do it as quickly as his timeframe allows but it is not an emergency, just an ordinary study, how long do you think that will take? Randy Lobb said he would think they could pretty much have their recommendations on what needs to be done by the first of the year. One of the problems he has is indeed we can't really look at the test results, and what it means, perhaps a consultant can come in and say these levels are unacceptable. Maybe it could be related to the pipe material in the ground and that might take longer to find cause and solution. Commissioner Nelson asked if the problem isn't the Avondale wells? Randy Lobb said the problem is just as serious in other places, doesn't matter where you are in the system. Am not aware of problems in other areas. Commissioner Miller said a first of the year deadline would be reasonable in respect to consultant doing review and making recommendations. Randy Lobb said he would rather see a deadline on hiring a consultant and let him see how long it will take. Said 30 days would be reasonable. -4- **There will be a date certain in the order (about 30 days). Lori Mann asked about having him hire an engineering-type firm? Randy Lobb said it should be the best person qualified to do the job, don't know if we can dictate who he can hire. Commissioner Miller said based on our information, don't think we could choose. 7. Mike Gilmore's August 14, 1992 Decision Memorandum re: Case No. GNR-T-92-8 - U S West's Petition for a Temporary Exemption from Customer Relation Rule 1.2 Dealing with Credit Screens. Commissioner Smith asked if these uncollectable numbers were just for Idaho? Mary Hobson from U. S. West said yes. Commissioner Miller said in context, looking at revenue sharing numbers, figure out the uncollectables in 89 were 7.5, in '91 it was 9%. As percentage of revenues it is still less than one percent. Uncontested, is it enough of a problem to justify the exemption? That is one thing he would like a comment on. Argueably the uncollectables aren't a big percentage of revenues. Question is: when they are that small relatively, is the use of credit reports necessary or are there some other ways of approaching the problem? Mary Hobson said it is local as well as toll. Commissioner Miller said - speaking to low income at risk groups there are a lot of reasons why its difficult to get the bill paid and the representatives are not trained for those groups. Is a deposit a solution to that problem or are there other solutions to the problem? If you don't try to solve that problem, the deposit will only solve to deter, but if you do sign up and quit, don't have that person on the system. What other ways are there to address the problem of people who get on and drop off very quickly? Commissioner Smith asked about uncollectables versus closing of payment centers? Mary Hobson of U S West said company hasn't closed any in this four year period. -5- Commissioner MIller said he thought the Commission should put out the notice but those are questions he would like commented on. **Belinda Anderson was in attendance at this time. 8. Lynn Anderson's August 14, 1992 Decision Memorandum re: GTE-NW Advice No. 92-8 per Order No. 24444, Case No. GTE-T-92-1, reduction of MARC I and II optional calling plan (OCP) rates. Okayed by all three Commissioners. 9. Mike Gilmore's August 13, 1992 Decision Memorandum re: Case No. 31.D-R-92-2 - Rulemaking to Provide Customers Notice Concerning Their Rights with Regard to Telephone Solicitations. Okayed. Commissioner Miller had one wording change in the order - changed many to certain. 1. Regulated Carrier Division Agenda dated August 17, 1992. **Bob Horton was in attendance at this time as was Mr. Kowalsky, the applicant. Commissioner Nelson said the question is if he has his insurance in and is registered with the Secretary of State, is it okay? Bob Horton said he had listed 4/5 things that needed compliance. Commissioner Nelson asked about the safety rating? Bob Horton said his question is - is it advisable to waive the preliminary safety rating on hazardous waste? Mr. Kowalsky responded - said the ICC gives you one year to comply with safety rating. Said he has been an interstate carrier for 6 months and is just ready to order safety rating. Bob Horton said the Commission's practice has been that each carrier would have to have a safety rating - temporary would be granted, then they would get a safety rating on the permanent. -6- Commissioner Nelson asked how long Mr. Kowalsky had been registered in Oregon? Mr. Kowalsky said they haven't done the safety rating on him - it is a random draw. They have done a road check. Bob Horton said he checked with Oregon. They didn't have a record of vehicles registered. Mr. Kowalsky spoke to the company they are leased with. Commissioner Nelson asked if they registered his vehicles? Mr. Kowalsky said no. **Secretary of State is in process. Commissioner Miller said his impression is that the applicant met the traditional requirements for temporary authority. Asked if that was correct? Bob Horton said we do request they use dba - HPCS. State law requires they register in all counties. Commissioner Nelson said the only other concern is that the vehicle be registered. Mr. Kowalsky said they have already set up their fuel tax. Discussed what kind of authority to grant. **General commodities including hazardous materials. Restrict location to the two zones in Southern Idaho. Bob Horton said the other similar application was limited to origination and destination. **Restrict it to what the contract said. Commissioner Miller said he thought it should be consistent. It is a proposed agreement - not contract. Mr. Kowalsky said it is proposed but it is binding. Said they all do their own proposals. Tonya Clark said there are specific rules for contracts. Commissioner Smith suggested getting the rules to the applicant so we can have a contract that complies with our rules. -7- Meeting adjourned at 2:20 p.m. DATED at Boise, Idaho this day of October, 1992. Myrna J. Walters Commission Secretary 0118M