19921203.docx

MINUTES OF DECISION MEETING
December 3, 1992 - 1:15 p.m.
In attendance were:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Mike Gilmore, Gary Richardson, Jim Long, Mary Friddle, Madonna Faunce, Randy Lobb, Lynn Anderson, Scott Woodbury, Birdelle Brown, Stephanie Miller, Eileen Benner, Syd Lansing and Myrna Walters.  Also in attendance were Mary Hobson and Jim Wozniak of U S West and Conley Ward, Attorney at Law.
Items from the December, 1992 Agenda were discussed as follows.
3.  WWP-G-92-3 - Company has asked for a January 1, 1993 implementation.  If Commission is going to go modified, it needs to go out next week.  Don't have any indication that it is inappropriate.
Commissioner Miller asked if we have usually handled WWP this way?
Scott Woodbury said yes.  
Okayed modified procedure.
1.  Mike Gilmore's December 1, 1992 Decision Memorandum re:  Albion Telephone Company's Petition for Rehearing in Case No. ALB-T-92-1 -- Kent Searles' Request for Connection as a Mobile Radio Telephone Customer.
Commissioner Smith said she thought the diagram attached to the petition for reconsideration convinced her we need to look at this again.
Other commissioners agreed.
Commissioner Miller said he thought where an area where you are not sure of the answer, even though it is a burden on the parties, personally find he gets engaged there much more when we have a hearing.  Would be in favor of hearing.
Okayed.
Hearing - "facts" are at issue.
Commissioner Miller asked what the proper sequence was?
Mike Gilmore said there were others interested in this earlier.  Need to find out who will participate.
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Conley Ward said - might end up with a general proceeding of some sort.
**First step is hearing.  Set time for intervention in notice.
Discussed timetables.
**Have to have hearing within 3 months of reconsideration being granted.
(3)  Should the order be stayed?
Should connection to Mr. Searles be denied in the interim?
Conley Ward said his understanding in talking to Mr. Redman (his off the cuff response) first of all Albion has 1,000 free footage allowance and since the extensions will be made with general funds, there is no prohibition in collecting line extension charge so the tariff would apply.  Mr. Redman believes that if he takes 1 or 2 lines he would be relatively close to being hooked up within the free footage allowance.  If he wants 6 lines it would have to be plowed from the front office.  But company could seek contribution from Searles.  Reason for seeking a stay is if it is not granted and he hooks up and the decision changes, and he says forget it, company will have abandoned plant.
Commissioner Miller said it is hard to do this with Searles not being represented.  One way to do it would be to stay the order and give him an opportunity to file a motion.  In fairness to Searle, don't want him to proceed with investment which relies on probability the order may stay the way it was and have it change.  It is difficult without hearing from him what the circumstances are.
Commissioner Nelson said probably the construction season is closed for 2 months.
Commissioner Smith said she liked the stay with an opportunity for him to say he is willing to invest.  Still wonder about the ratepayers.
Commissioner Miller suggested the order say if he wants to go ahead, can file request to remove stay.
2.  Burlington Northern's Notice to Abandon .33 Mile of Track in Moscow - Don Howell's Decision Memorandum of 12-1-92.
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Commissioner Smith said the law requires a hearing but Don Howell suggests it would be unproductive to have a hearing.
Mike Gilmore said he thought courts treat hearings as procedural matters.
Commissioner Smith said she would like to put out notice saying we don't intend to do hearing and if no one screams, we are done.
**Give adequate notice.
Meeting adjourned.
Dated at Boise, Idaho, this 10th day of December, 1992.
Myrna J. Walters
Commission Secretary
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