19920928.docx

MINUTES OF DECISION MEETING
SEPTEMBER 28, 1992 - 1:30 p.m.
In attendance at this decision meeting were:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Mike Gilmore, Scott Woodbury, Lori Mann, Randy Lobb, Stephanie Miller, Beverly Barker, Birdelle Brown, Gary Richardson, Mary Friddle, Tom Faull, Belinda Anderson, Eileen Benner, Lynn Anderson, Marge Maxwell and Myrna Walters.  Also in attendance was Ron Lightfoot from U. S. West.
Matters from the September 28, 1992 Decision Meeting Agenda were considered as follows.
1.  Regulated Carrier Division Agenda dated September 28, 1992.
Okayed by all three commissioners.
2.  Mary Friddle's September 24, 1992 Decision Memorandum re:  Robert L. Haning dba C&B Towing, Auto and Tire Application for Certificate Amendment.
Commissioner Miller said he didn't know if we have any policy ... seems that the question is if he doesn't lease, is he fit, willing, able if he doesn't have the equipment to provide the service, is he able?  Have we ever decided that question in any other application or do we have a policy on that question?  Don't recall if we have given authority to people who propose a service.
Commissioner Smith said it seemed he would have to at least be purchasing or leasing equipment.  Can't recall anyone applying for authority without equipment.
Commissioner Miller said it seems he has to have equipment - don't think we have granted authority without equipment.
Commissioner Smith said it sounds like we are not going to give him general commodities.  Harder question is:  are we going to authorize mobile home transportation in light of the protests?  Was kind of surprised his original permit was so limited, but that is what he asked for.
Commissioner Miller said he would give him mobile home authority, in that area, should say "limited to that area" because he is not able to provide statewide.
Commissioner Nelson asked if he had already made some mobile home moves?
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Mary Friddle said he had.
Decision was:  mobile homes in northern Idaho.
Commissioner Smith said the order should address the protests.  Should recognize those since they took the time to send them in.
3.  Mike Gilmore's September 14, 1992 DecisionMemorandum re:  Kent Searles' Request for Declaratory Ruling regarding service from Albion Telephone Company - ALB-T-92-1.  (Held from September 15, 1992 Decision Meeting).
Commissioner Smith asked why Searles didn't do it the way Motorola does it?  Explained how they do it.
First question is:  Grant motion of McCaw to late file?
Yes.
Commissioner Smith read from McCaw comments.  Asked what they thought Searles should do.
Commissioner Miller responded.  Thought they were saying that under the federal policy there is the third avenue to negotiate rate with local exchange companies.  Under that, cellular people sometimes pay special rate..it is a negotiated arrangement.  Think that is the practice with regard to cellular.  Point of the FCC policy is if you force radio carriers to connect under a tariff, there is a high likelihood that the LEC will create a tariff that gives you no choice and so the federal system says there ought to be negotiations for a tariff with the idea that they could bargain and exclude the LECS from discrimination or unfair connection requirements.  Said his reaction was that the practice of permitting the radio carriers to connect under the business line rate appears to be almost universal and it makes some sense given the nature of the service.  His attitude was that appears to be the custom of the industry and it doesn't appear to be wildly unfair so unless we wanted to take up a generic case, thought Searles should be connected at the business rate.
Commissioner Nelson said he guessed everybody was satisfied he couldn't provide land to land services between Albion and U. S. West?
Belinda Anderson said she guessed there is always the potential existing.  Changes in technology could make it.  At this point he doesn't have that ability.
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Eileen Benner said if he is going to draw access lines from Albion, if he chooses to put in switches, he could do that.  He didn't say that is what he is going to do.  He has committed to doing it with a radio or at least one end.  He says he is not going to hook a land line to a land line.
Commissioner Miller said right now his license is a radio common carrier.  If he does anything else, he would become something else.
Eileen Benner said he would become a reseller of local service.
Mike Gilmore said there would be a regulatory hook of some kind.
Commissioner Nelson said he would allow him to sign up at the business rate under the local exchange tariff.
Commissioner Smith said she had sympathy for Albion's dilemma, but the fact is they have never been treated like a business (the mobile home phone companies).  All we are deciding right now is he should be treated the same as others and if someone wants to raise the issue, that is for another day.
Commissioner Miller said there could be a better answer.  He doesn't really fit some of the provisions of the LEC tariff.
Commissioner Smith said when she thinks of taking service, you think of it being in a building, not just a point on the ground.
**Did not want to address the Dravo issue.
4.  Lori Mann's September 18, 1992 Decision Memorandum re:  White Bird EAS Petition:  Case Nos. CON-T-91-1 and USW-T-91-1.
Commissioner Nelson said - all we are being asked to decide here is if there is enough interest to go to a technical hearing for feasibility of upgrade and how it should be handled?  Without rereading all of the public testimony, thought there is a pretty good case for community of interest.
Commissioner Smith said she did to.  It may be once you get the figures, it could be the problems at the end may not make it reasonable, but think a closer look should be taken at it for costs.
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Commissioner Miller said it might be wise to have us conclude that we can make a definitive finding of not enough community of interest for EAS but to justify further investigation.
Commissioner Nelson said he thought that was a good distinction.
Commissioner Miller said - can make that ultimate decision later.
Commissioner Smith said it seems to be high enough that we should go forward.  There may be good reasons later why we should not grant it, but should go forward now.
5.  Scott Woodbury's September 21, 1992 Decision Memorandum re:  Firm Energy Sales Agreement, Idaho Power/B&S Inc., 2.5 Megawatt Hydro Project - Adams County, Idaho:  Case No. IPC-E-92-19.
Scott Woodbury said they cleared up all their problems.  Explained the project.  There were no issues in the contract.  They have filed replacement pages.  They have extension at FERC until September 29.
Approved.
6.  Mike Gilmore's September 25, 1992 Decision Memorandum re:  The Petition for Toll-Free Calling from Troy to Moscow:  Case No. GNR-T-92-4.
Commissioner Miller commented there has not been a public hearing on this.
Commissioner Smith asked about prehearing.
November 9, 1992 was suggested as hearing date.
Okayed.
7.  Lynn Anderson's September 25, 1992 Decision Memorandum re:  GTE (Contel) Advice No. 92-05, Changing Wilder's Metropac for Calls to Nampa and Caldwell to Toll-Pac and Increasing Toll-Pac Rates in Homedale and Parma.
Commissioner Smith asked how companies think they can change rates in a tariff?
Lynn Anderson said because it is essentially Title 62.  Explained the problem.  It is on U. S. West because they are showing up in GTE's tariff.
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GTE does the billing.
Commissioner Smith said assuming this is a Title 62 service, have they given notice?
Commissioner Miller said he wasn't exactly clear whose service it was.  There should not be price increases to Contel customers because of the merger.  This appears to be a merger-induced price increase.  But for the merger this wouldn't have had to happen.
Commissioner Smith said maybe GTE should just increase the cost of billing enough to pay for a billing service.
Ron Lightfoot explained how the billing works.
Commissioner Miller said that would make it easier to adopt his theory.
Commissioner Smith said he could deny it.  The serious problem is if customers ask about toll discount they are given the cold shoulder.
Commissioner Nelson said that is a concern.
**Discussed the inability to bill.
Beverly Barker explained you get the service if the customer calls the PUC.
Lynn Anderson said this is a GTE tariff advice but is listed on U. S. West price list.
Commissioner Nelson said back to Commissioner Miller's concern about the service reps, shouldn't we propose some sanctions to shape them up?  Think it is a violation of our rules somewhere.
Commissioner Miller said somehow we are going to have to straighten this little piece of the state out.  We can deny this filing now but need program to get this straightened out.
Commissioner Smith asked - can we deny this and ask staff to round up the companies and work on the problem?
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**Terri Carlock was in attendance at this time.
Mike Gilmore suggested GTE can remove it from their tariff.  It would still be in U. S. West's tariff.
Commissioner Nelson said he thought staff needed to look into this a little bit more.
Commissioner Smith told Lynn Anderson to see if he can work something out and then require companies to say it is available.
Lynn Anderson will work on something else.
**Hold until October 14.
Commissioner Miller said there shouldn't be significant rate increase to Contel customers because of the merger.
8.  Birdelle Brown's September 25, 1992 Decision Memorandum re:  Contel (GTE) Advice 92-07 Regarding Customer Service Commitments.
Approved.
9.  Birdelle Brown's September 25, 1992 Decision Memorandum re:  GTE Advice 92-9 Regarding Customer Service Commitments.
Approved.
10. Terri Carlock's September 25, 1992 Decision Memorandum re:  Idaho Power company $150,000,000 Short-Term Debt Authority:  Case No. IPC-E-92-20.
Approved.
11. Terri Carlock's September 25, 1992 Decision Memorandum re:  Intermountain Gas Company Amendment to Existing Debt Line:  Case No. INT-G-92-5..
Approved.
12. Mike Gilmore's September 24, 1992 Decision Memorandum re:  Telecommunications Relay Services Rulemaking--Formulas for Assessment of the Costs of the Service:  Case No. 31.D-R-91-3.
12.0 - Adopted.
12.11 - Will address that in the contract.
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12.2 - Correct numbering error.
Page 3 - Commissioner Smith said to tell our Administrator to do interstate.
Commissioner Miller said - trust the industry committee - $1,300,000.
Page 4 - *most flexibility.  
Commissioner Miller said whatever we need to do to give ourselves more flexibility; set March for target with caveat that based on what we have then we may decide to do something else.
Commissioner Smith asked - just for this year?
Commissioner Miller said just for March, 93; after that time we have enough necessary, we could set out a program from then on or defer.  First year up in the air, then launch the schedule.
Commissioner Smith explained the reasoning for the dates.
Page 6 - funding by the local and exchange.
Commissioner Smith said she thought it would be fair to do 50/50.  Split the $75,000 also - 50/50.
Take 1.3 million in half.
Okayed by all three commissioners.
Review it after the first year.  Will know the call volumes.
Commit to a review.
They will just calculate and send it in; revenue requirement versus expenses of operation.  Expense of operations approved.
Page 7 - yes - equal.
Also on page 7 - 11 or 12 cents for local?
Commissioner Miller suggested 12 and 16; would overcollect by 60,000 the first year.  That wouldn't be bad.  Okayed by all three commissioners - 12¢ and 16 mills.
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Rule 12.13 -
Decision:  Monthly remittances.
Commissioner Smith said there should be some procedure for small remittances.  Asked if Administrator should handle that?  Other commissioners agreed Administrator should.
First payment due:  Commissioner Miller suggested December 1.  Question was:  When do the companies have to remit payments?
Mike Gilmore said federal law imposes it on the company.
December 1 was the date decided upon.
Page 9 - Should regulated companies' recoveries of TRS expenses be addressed in this rulemaking?
No.
Discussed the $40,000 in startup costs advanced by U S  West and GTE.  Commissioner Smith said she thought it was fine to deduct their initial costs but how does the administrator build that up?  
Decided on three month amortization period for U S West and GTE.
Commissioner Smith said no comments for the remainder of the rules.  Any need for changes?
**Think the committee should reconvene to pick a permanent administrator.  
Commissioner Smith said the Deaf and Hard of Hearing Council expressed concern that the permanent administrator be someone who has rapport with the affected communities.  Expressed a preference to keeping it in state.  Just would note the Deaf and Hard of Hearing community is concerned that the administrator have some skills with their groups.  Think they would prefer someone who is deaf and hard of hearing.  Told them under our rules, they have the obligation to consult.  Our primary goal would be someone to handle money.  Told them Hamilton would be hiring someone in state.  Our goal was to keep the money straight.
Commissioner Miller said it seems if you could find someone with "money skills" from their community it would be good.  That rational ability will be important and from a credibility point of view.
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**Order will be issued convening the committee.
13.  Continued discussion on Lori Mann's September 9,  1992 Decision Memorandum re:  Case Nos. ALB-T-89-2 and MTB-T-89-9; Treatment of Information Discussed IN CAMERA.
Commissioner Miller said he needed Commissioner Nelson to remind him why he wants to keep this secret.
Commissioner Nelson said it is already out in the public domain, but don't think we should again publish it.  If it is worth of being kept quiet, we shouldn't publish it.
Lori Mann reviewed the points Commissioners Miller made at the September 15 decision meeting.
Commissioner Miller said all it tells you is that higher calling volumes are concentrated in a certain area is already in the record.  Competitors already know that.
Commissioner Smith said she would like the company to have some degree of confidence that when there is some true trade secret information we would keep it secret.  don't think there is any independent economic value if you were a long distance competitor here.  In this case it didn't rise to the level of trade secret but hesitate because she didn't want them to think... lets build in some assurances that this applies to the existing transcript and future matters will be determined on that information.
Commissioner Miller said he didn't have any philosophic place he wanted to do on this.  On sending broader message, will send message that we will decide the issues on the facts.
Commissioner Smith said she didn't want the company to read this any broader than what is here.
Commissioner Miller said - and other competitors are going to have to live by the same approach.
Meeting adjourned.
Dated at Boise, Idaho, this 13th day of November, 1992.
Myrna J. Walters
Commission Secretary
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