19921026.docx

MINUTES OF DECISION MEETING
October 26, 1992 - 1:30 p.m.
In attendance at this time were:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Gary Richardson, Mike Gilmore, Scott woodbury, Madonna Friddle, Terri Carlock and Myrna Walters.
Items from the October 26, 1992 Decision Meeting Agenda were discussed as follows.
1.  Regulated Carrier Division Agenda dated October 26, 1992.
Approved.
2.  Variances to the Federal Motor Carrier Safety Regulations.
Commissioner Smith asked Mike Gilmore if Spears was on line?
Mike Gilmore said he was.
Commissioner Nelson asked about waivers versus changing the rules?
Commissioner Miller said he would like some discussion on this.  They have 49-303 that says essentially person who is 18 years old can get commercial drivers license, so that is state policy.  So as he understands it, companies that are regulated since we have adopted a federal rule, we have overridden this and say you have to be 21 if you are under regulation, and if you are unregulated you can hire 18 year olds?
Mary Friddle said that is right.
Commissioner Miller said he guessed he was just wondering if you have a state legislature saying 18, and when they do that and make no distinction between regulated versus non-regulated, should we override that for regulation sake?  Don't know the answer but it is slightly troublesome.
Mike Gilmore said it would be easy to qualify the adoption of the federal rule.
Commissioner Nelson said he felt pretty strongly that if he can vote, go to war, etc., think he can drive a truck around Chubbuck.
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Commissioner Miller asked Mary Friddle what the reasons are for keeping 21?
Mary Friddle said she went for consistency.  In the letter of request for exemption, he didn't mention anything about the qualification of the 18 year old driver.  That is why she went to 21 rather than 18.  
Commissioner Smith asked what the requirements were for a CDL?
Commissioner Miller said federal itself tests for CDL.  If you had carrier with inter and intra both, they would have to be 21?
Mary Friddle replied yes.
Commissioner Miller said if we change the rule here or make an exception, is inconsistency a big concern?
Mary Friddle said consistency would be controlled by the Commissioners.  Do get worried if you try to change frequently.  
Commissioner Miller said other than the age on CDL, what other areas could this come up in, conflict with federal and state?  Couldn't think of anyother areas.
Mary Friddle said if you are exempt, you do not have to follow any federal safety regulations, ... any one of those where we have adopted different safety rules..
Mike Gilmore said this is one where the federal didn't invite states to be different but recognized it could be.  The others don't have those uses.  State rule could be difference in this instance.
Mary Friddle said Montana does allow younger age but they have adopted all the rest of the federal regulations.  Does have some exceptions.  There is no maximum in the federal regulations.
Commissioner Nelson said he has a little trouble with saying if you are not 21 you cannot drive in this state.
Commissioner Smith said when she read it she wanted to find a way to grant that to them.  Think I would base it on legislature establishing 18 year old policy.
**Work on amendment for 18 year old.
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Commissioner Nelson asked about a waiver for this particular person.
Commissioner Smith said to thank him for bringing up the change.  It will be in place by January.
Commissioner Smith asked about the diabetic?
Commissioner Nelson said he thought there was a more legitimate safety concern with this.
Commissioner MIller said he felt differently about this.  There is no state declaration on this.  This is a whole different thing.  Presumably the rule is there for a reason.  Don't feel like we are qualified to make a decision about what are risks, etc. for allowing diabetic to drive.
Mary Friddle spoke to the ADA.
Commissioner Smith said if the federal changes their rule, fine.  
**He should be allowed in the pilot program.
Mary Friddle asked about responding about the diabetic speaking to federal waivers, but no state waivers.
**Keith Hessing was in attendance at this time.
3.  Scott Woodbury's October 22, 1992 Decision Memorandum re:  Case No. WWP-E-92-6 - Washington Water Power's Revision of Electric Tariff Schedule No. 66.
Staff thinks it is okay.  Potlatch thinks sit is okay.
Commissioner Miller asked Keith Hessing if he though it was okay?
Keith Hessing said yes.
Commissioner MIller said it would have been more difficult if the first would have been an increase.
**Approve the surcharge effective 11-1-92.
Don't say anything more about the protests.
4.  Terri Carlock's October 23, 1992 Decision Memorandum re:  Washington Water Power Sale of Accounts Receivable.
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Commissioner Nelson asked about the filing?
Terri Carlock said they are renegotiating the contract.
Commissioner Miller asked if this was a security issuance?
Terri Carlock said before it was an option for refinancing.  There was a question if it falls under the statute for security issuances.  There is reason.  Do think this wouldn't be.  Either way it is a good deal.
Commissioner Nelson said it is a good deal if it is cheaper than borrowing money.
Terri Carlock said according to what they have sent to her it is cheaper.  It didn't figure in the costs, though.  Wasn't able to get enough information to determine what the cost is.  Normally this is the last option, but more and more companies are doing this.
Commissioner Smith said she thought the right answer was a letter back from staff to the company.
Terri Carlock said it was not a formal order before.
**Letter from staff will be sent.
**Will have Mike Gilmore look at it first.
Terri Carlock asked about speaking to future ratemaking treatment.
5.  Terri Carlock's October 23, 1992 Decision Memorandum re:  Pacificorp Issuance and Sale of Not More Than 5,000,000 Shares of Common Stock; Case No. PAC-S-92-5.
Approved.
Meeting adjourned.
Dated at Boise, Idaho, this 19th day of October, 1992.
Myrna J. Walters
Commission Secretary
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