19930119.docx

MINUTES OF DECISION MEETING
January 19, 1993 - 1:30 p.m.
In attendance were:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Mike Gilmore, Brad Purdy, Tonya Clark, Terri Carlock, Birdelle Brown, Mary Friddle, Gary Richardson, Tom Faull and Allan Killian.
Items from the January 19, 1993 Decision Meeting Agenda were discussed as follows.
1.  Regulated Carrier Division Agenda dated January 19, 1993.
Approved.
2.  Brad Purdy's January 13, 1993 Decision Memorandum re:  Case No. M-7665-1 - Idaho Public Utilities Commission Complainant, vs. Gillingham Transport, Inc. Respondent.
Commissioner Nelson said if this was a criminal hearing, he would be guilty.  since it was an administrative hearing and it was a question of whether he was complying with rules, he was not.  He admitted as much several times but then his secretary would get on the stand and say we are taking care of that.  He waited at least a year to take care of any of these problems, until this secretary showed up.  Asked if Allan Killian happened to go back out and call on him?
Allan Killian responded he had not been back since the hearing.
Commissioner Nelson said it would be nice if these things could be verified.  Guess there is no question that he didn't ever apply for ICC authority and he wasn't keeping his records according to the rules.  Think it is difficult to tell someone they can't operate, though.  Suspending until he gets a satisfactory rating and an ICC application in hand would be appropriate.
Brad Purdy said - he has applied for ICC authority now.
Allan Killian said he had temporary at the time of the hearing and the permanent is pending now.
Commissioner Smith said she thought the violations were proof enough to suspend the authority and go back out and see...the secretary had made many allegations.  If everything she said is happening and its true, we could lift the suspension.  
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**Decision was:  Suspend and check to see if he has done what he says.  Discussed 14 day or 28 day suspension.
Commissioner Nelson said - can put the responsibility on him.
**Suspend until he says he has complied.  Put the burden on him.
Commissioner Miller asked - what are we thinking about regarding compliance?  Think we should specify what he has to show.
Commissioner Nelson said he ought to be able to do whatever he can do to get satisfactory compliance.
Commissioner Miller said if it is very general, there can be an ongoing dispute about how many, etc.
Commissioner Smith said all recordkeeping violations could be fixed.
Brad Purdy said a lot of them are driver qualifications, etc.  Asked if he should be allowed to haul?
Mary Friddle said he should be able to meet recordkeeping requirements with private and ICC authority.
Commissioner Miller said as long as it is clear what "everything" is.
Commissioner Nelson said he thought the rules define how they should be kept.
Commissioner Smith said to her it is everything alleged by staff on record keeping and the on the road violations.
Commissioner Miller said - don't even need to resolve all the counts because 88 of the allegations were admitted.  So admitting 88 of them are plenty of grounds for what is here.
Brad Purdy suggested noting in the order that they have already agreed with violations... and until at such time they have complied and it can be verified by staff.
Mike Gilmore asked about a date certain.
Commissioner Smith said yes - what is reasonable?
Commissioner Nelson asked about 90 days?
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**Decided on 90 days for compliance.
3.  Birdelle Brown's January 8, 1993 Decision Memorandum re:  U S WEST-North Advice 92-12-N to Provide 900 Access and Expanded 900 Access for Customers in Northern Idaho.
Commissioner Nelson asked if the tariff was at the FCC rate or higher?
Birdelle Brown replied - FCC rate.
Approved.
4.  Brad Purdy's January 15, 1993 Decision Memorandum re:  Case No. IPC-E-92-9 - Idaho Power Company's Application to Sell Its Hailey Turbine Electric Generator.
Approved the sale.
**Commissioner Miller commented it was a good decision memorandum - a good format.
Meeting was adjourned.
Dated at Boise, Idaho, this 27th day of January, 1993.
Myrna J. Walters
Commission Secretary
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