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HomeMy WebLinkAbout19921123.docx MINUTE OF DECISION MEETING November 23, 1992 - 1:30 p.m. In attendance were: Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Mike Gilmore, Don Howell, Belinda Anderson, Gary Richardson, Keith Hessing, Don Oliason, Birdelle Brown, Judy Stokes, Randy Lobb, Jim Long, Syd Lansing, Brad Purdy, Stephanie Miller, Beverly Barker, Mary Friddle, Tonya Clark and Myrna Walters.  Also in attendance were Jim Wozniak and Pat Stewart from U. S. West and Woody Richards, Attorney at Law. Matters from the November 23, 1992 Decision Meeting Agenda were discussed as follows. 1.  Regulated Carrier Division Agenda dated November 23, 1992. Approved. 2.  Don Howell's November 12, 1992 Decision Memorandum re:  Union Pacific's Request to Relocate the Weiser-Payette Freight Agency, Case No. UP-RR-92-2. Commissioner Smith asked Don Howell about the responses? Don Howell said the Commission more or less said it was their ball park and because you had a hearing recently in Payette, you put this out on modified. Commissioner Smith asked if this was the one we fined them for? Don Howell explained that was Parma. Commissioner Miller asked if the Fruit and Vegetable Association would testify if we had a hearing? Don Howell said they didn't say they would be there. Commissioner Nelson said he didn't think a second hearing was necessary on this.  Think we got all the information we are going to get, the last time. Commissioner Smith asked the other Commissioners how they felt about the Labor Board being 80 days late? Commissioner Miller said his general attitude was if there was a shipper protest there should be a hearing but that here he was a little concerned about the Fruit and Vegetable guys. -2- Commissioner Nelson said it seemed to him the last time they testified they hadn't shipped out of the affected agencies for sometime. Don Howell said what he may be thinking is that none of them were using the Parma agent. Larry Link that testified was not a shipper himself. Commissioner Smith asked why it was 80 days before the decision was made after the comment period? Commissioner Miller said he just didn't know what to think of these Fruit and Vegetable people.  From the standpoint of our credibility with the shippers, if they are serious, would favor having a hearing just to see what they say. Asked if this was the last agency that affected them?  Was the Nampa filing just a formality?  Said it is hard to tell if this is a Nampa protest or if they do have something they want to say.  If they have something to say, would favor a hearing. Commissioner Smith suggested having Don Howell call them.  Ask them if they have anything to add. **This item will be deferred until the decision meeting on the 30th. 3.  Randy Lobb's November 12, 1992 Decision Memorandum re:  Electrical Metering of Multi-Unit Apartment Houses. Commissioner Smith said she needed to know what Rule 12.b was. Randy Lobb explained.  Said in this particular case the customers are the tenants. Commissioner Smith asked if these people go directly to the electric company? Randy Lobb said they can't disconnect for any reason because they turn off other tenants' electricity. Commissioner Smith said what "new service" mean to her.  Said this already had electricity.  Don't think of that as new service. Randy Lobb said putting in a new meter is new service.  Explained this situation. -3- Commissioner Nelson said she didn't think it is a power company obligation to see that these were all wired.  Think city inspector ducked his responsibility. Randy Lobb said the wiring is proper.  Circuits are okay.  Only reason he brought it up is that the power company shouldn't be sending out improper billings. Commissioner Nelson asked what the company's responsibility was to look behind the meter? Randy Lobb said when they know for a fact that they are sending out bills that don't reflect true useage... Said master meters are prohibited.  Sounds like to get around the master metering they got four meters. Mike Gilmore said he thought historically companies look behind the bill at all times. Don Oliason said none of the rules and regulations were written envisioning this situation. Randy Lobb said there is quite a lot of cost for rewiring for individual meters but on the other hand, prohibiting master meters occasion individual metering.  Viewed this as master metering situation.  Are prohibiting master meters so customers can control their individual useage.  You either allow or prohibit master meters. Commissioner Nelson asked Randy Lobb what his recommendation was? Randy Lobb said once the company finds out that they are sending out the wrong bills, they have to notify the customers of the violation.  If the tariffs aren't clear enough they should be ordered to fix that.  The tenants are going to be hurt.  You can't get the customers behind you because of the unfairness of the billing.  The owner should be forced to correct his wiring. Commissioner Nelson said one solution would be no new service to new customers until it is corrected.   Commissioner Smith said she wondered if the owner had a "continuous service agreement"? Randy Lobb said one of the alternatives he recommended is allowing master meter in this case instead of forcing him to rewire.  That alternative at least gets the company out of billing the customers with the appearance that it reflects their useage.  Suggest it be noted in the computer about the billing. -4- Beverly Barker said you are primarily talking about low income housing and there isn't much of that around. Commissioner Miller said he generally thought one thing that is clear is that the customers are without blame and they shouldn't have to suffer.  First thought was to protect the tenants.  Really do think it is the landlord's responsibility to assure that the wiring is accurately configured.  There should be some way to put pressure on the landlord.  Don't know how to do that.  Thought rule should be if the wiring isn't configured then he is responsible for paying all the bills for all the tenants.  He can collect from them.  How that can be implemented, didn't know. Randy Lobb said suppose the landlord can make it hard on the tenants then.  The company believes that the master meter has to have submetering. Commissioner Miller said he thought the burden has to be put on the landlord to get it fixed. Randy Lobb said he didn't know if the company can tell the landlord to do that.  Explained the tenant's position.  Said he wants a refund. Don Oliason suggested that Idaho Power bill the landlord. Commissioner Smith said that it has been found that it is not wired individually and the landlord may accept all bills or he may rewire the building for individual tenants.  Give him a time limit to decide and do it.  Don't think there could be a refund on past bills, though. **Dave Schunke was in attendance at this time. Dave Schunke asked if this would violate master metering? Bev Barker said no. Agreed to Commissioner Smith's proposal. Randy Lobb said the company will want to know the time limit. Decision was to give the homeowner two weeks to make a choice.  If he hasn't rewired within the next billing cycle he will be billed. 4.  Jim Long's November 19, 1992 Decision Memorandum re:  Advice #92-13-S from U. S. West Company to add "Stand-By Line" to the existing local exchange tariff. -5- Commissioner Miller asked the details of the filing? **It is priced the same as the Title 62 offering. Commissioner Nelon asked how this was different from call waiting? Jim Long explained.  It is a seasonal connection.  A line is installed, it is useage based.  Explained the cross over.   Approved. 5.  Brad Purdy's November 18, 1992 Decision Memorandum re:  INT-G-92-6 - In the Matter of the Application of Intermountain Gas Company for Approval of Gas Service Agreement Between Intermountain Gas Company and Ash Grove Cement West, Inc. Commissioner Smith asked what staff position was? Madonna Faunce said it is identical to past contract.  There is no guarantee they are going to use this contract.  Explained what was said at the Gas Users Meeting in Portland, that she attended. Brad Purdy explained why staff didn't make a recommendation. Commissioner Miller questioned whether it even needed to go out modified? After discussion, was decided to put it out modified. 6.  Brad Purdy's November 19, 1992 Decision Memorandum re:  IPC-E-92-23 - Idaho Power Company's Application for Authority to Revise its Depreciation Rates for Electric Plant in Service. Commissioner Miller asked if this was going to be controversial? Brad Purdy said it could be. Commissioner Smith asked if the company had been contacted about a prehearing conference? Does it need to be approved by January 1? Brad Purdy said he had told the company we might be able to meet that date. -6- Stephanie Miller said the overall expense change is very small, especially the first year. Brad Purdy said there may be other parties involved. **Let them know about the prehearing date and get the notice out. 7.  U. S. West's Toll Restriction Service. Commissioner Nelson asked why this was a 62 service?  Looks like they re taking a past free service and charging for it. Jim Wozniak from U. S. West explained the Title 62 filing.  Said this one goes further in restricting. Commissioner Miller said as he understood Belinda's recommendation, Franklin County has three wire centers that do not currently have access to 911 and in those exchanges where 911 is not available, Staff recommends the service be offered to obtain or return  service only, and not be offered as an option to the general public? Belinda said yes - until 911 is offered. COmmissioner Miller asked - is it feasible to carve out ratepayers of one County and have different marketing approach for them?  Asked if her recommendation had chronological problems?  How can they market it differently in this county? Belinda Anderson said she contacted Ron Lightfoot about the capability.   Jim Wozniak of U. S. West said it does raise the question of discrimination.  If people ask for this, can they be turned down?  Is it a problem to not offer it in Franklin County?     Commissioner Nelson said he thought not being a ble to dial an emergency number is a concern. Commissioner Smith asked how big a brother does the Commission have to be? Eileen Benner said the Commission has denied this in the past. Jim Wozniak said it is really a tool to have with Universal Service. -7- Commissioner Miller asked - do you think the lack of access to safety numbers is a concern?  That is a problem to him. Commissioner Nelson said we have been very firm with OSPs. Jim Wozniak said this is strictly a recommendation from the Task Force.  Explained Custom Net.  If you open it up to zero it is not restricting. Commissioner Nelson said he would move approval of staff's recommendation. Belinda Anderson said she thought the recording should be changed. Commissioner Miller asked Eileen Benner about the PNB offering? Eileen Benner said staff found it when they were investigating.  It has been in effect since at least '84.  Explained Commission denied GTE in '87 or '88.  PNB stayed even though it was not an option.   Commissioner Miller asked if it was an order?   Eileen Benner said yes. Beverly Barker said problem is if you don't have 0+ 0- block, have historically had a lot of demand for something like this.  Have people who may be going off the system because of high toll, this is the ticket for them.  If they are advised up front of the drawbacks, at least you are giving them fair warning. Belinda Anderson said the vast majority do have 911. Eileen Benner said there have been requests from GTE customers for toll blocking service.  GTE has responded to customers that the PUC won't let us.  Staff was going to use this decision to gear up for generic on this. Commissioner Miller said given the size of the market and who it is directed to, the target customers, that if they are clearly advised and that they understood the restrictions, then think benefits of it outweight benefits versus risks.  Don't know how you know that each customer understands.  If you could be satisfied that the user of the phone understood what the restriction means.. then the benefits of keeping people on and letting people get on, outweight harm of lack of safety.  Don't know how you would -8- go about it but that is what he would like to allow.  Part of that would be the change in the recording. Jim Wozniak said the company is investigating this and also investigating stickers.  Seems primary goal is to get people on the system and keep them on and there is the safety concern.  Would like to express willingness to approve it with further staff and company work to assure the subscriber/user is informed about the limited ability to use that phone. Two votes for approval with staff and company working together on implementation. Eileen Benner asked if it would be approved now or when the company advised things were done? Commissioner Smith commented she wants the public to fend for themselves. 8.  Mike Gilmore's November 17, 1992 Decision Memorandum re:  Proposed Amendments to Universal Service Fund rules 31.N.3. Started on Page 5. Mike Gilmore explained why he put in "following issuance of the order". Commissioners agreed. Page 7 and 8 in the comment section - Take out more and another. Page 9 - Corrected or to of. 11-d - Questioned appeal from initial denial. Commissioner Miller asked why it should go to an industry board? Belinda Anderson explained.  Gave DialNet request for exemption as illustration.  Thought for future reference if someone chooses to appeal there would be someone other than staff to look at that.  Spoke to who the appeal board members would be.  Would like to be able to go back to DialNet and say here now is your appeal process. Commissioner Miller said he understands the appeal -9- process but why does it have to be a board rather than the Commission? Eileen Benner explained it would be technical experts. Commissioner Miller said he wondered if we are building in more problems than we are solving. Mike Gilmore suggested you could just take out the appeal process if there are so few. Commissioner Smith said for her it is more a question of whether you should have an option.  Had questions about if it will happen all the time. Belinda Anderson responded. Commissioner Miller said choices he would like to create for the reseller are not the choices here.  If he had the choice of going to the panel and that was binding arbitration or going to the Commission for us to decide, that would be two better choices.  Or you could leave it out and have it go directly to the Commission or you could give it to arbitration.  Have some reservation about giving it to an industry board.  Giving the reseller an alternative resolution is okay but if the reseller wants something in the nature of adjudication it should come to the Commission. Belinda Anderson asked if the Industry Board's records would be public records? Eileen Benner said it has only happened once in 76 times, but assume it will come up.  Suggested wording about "using the industry board" and not codifying it. Commissioner Smith said she thought that would be the best think that could happen.  Don't think it looks good to the legislature to keep creating boards. Commissioner Nelson said we would have the authority to hire experts if we needed to. Commissioner Smith said we should state they do have an appeal time and set that time. **Leave out the industry portion of the appeal process.   Meeting adjourned. Dated at Boise, Idaho, this 3rd day of December, 1992. Myrna J. Walters Commission Secretary 0131M