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HomeMy WebLinkAbout19930419.docx MINUTES OF DECISION MEETING April 19, 1993 - 1:30 p.m. In attendance were: Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Mike Gilmore, Scott Woodbury, Don Howell, Tom Faull, Tonya Clark, Mary Friddle, Joe Cusick, Jim Long, Birdelle Brown, Gary Richardson, Lori Mann, Bev Barker and Myrna Walters.  Also in attendance was Peter J. Richardson, Attorney at Law. Items from the April 19, 1993 Published Agenda were discussed and acted upon as follows. 1.  Election of Commission President. Commissioner Miller commented that President Smith has been doing a fine job.  Said he would suggest authorizing Commissioner Smith to continue as President until the first Monday of 1995. Commissioner Nelson seconded. Commissioner Smith said that being done, she would be happy to accept and continue doing the job of President. 2.  Don Howell's April 14, 1993 Decision Memorandum re:  Boise Cascade's Request for Waiver of the Commission's Side Clearance Railroad Rule, Case No. UP-RR-93-5. After discussion, was decided it looked fine, conditioned upon warning sign installation. 3.  Mary Friddle's April 16, 1993 Decision Memorandum re:  Hours of Service Waiver Request. Commissioner Smith reviewed the request.  Said she had received telephone calls form three other individuals representing various companies.  One was Far West Ag, supporting the waiver and requesting any consideration in ways to operate safely and legally and still provide services within timeframes.  One was Charles King.  They endorse the exemption.  Other person was Simplot Soilbuilders.  Made the same points. Commissioner Nelson said he also received a call from David Hawk of Simplot who suggested we grant some exemption. Commissioner Miller said his thoughts on it were - first, if we do something from a technical point of view, will discuss whether it will be an exemption or an emergency rule.  It did occur to him that there is probably a -2- legitimate relief needed in some circumstances here on the representations that constitute the application itself and from what we have heard from others.  Is a little uncomfortable with the idea of a blanket waiver that everyone can on their own, take advantage or not take advantage, so if we grant some relief, would like something in the nature of an emergency policy but before a carrier could operate under that policy, they would have to provide notification to the Commission.  Will include in that notification a representation that they would use log books, that they would provide list of employees operating under the emergency policy so it could be monitored by our personnel if necessary.  Also continue the requirement that if any accidents occur with employees under this policy that the Commission be notified and Commission can decide if exemption for that carrier should continue or leave the exemption all together.  The existing waiver we have is only for Baker Truck which we started as an experiment to get information on.  To jump from a waiver for one guy to a blanket policy for an entire industry, is too much for him.  Even though we should grant some relief and make it easy for the emergency policy, think there should be an advance notification requirement.  With that improvement, thought that he could approve Proposal II with caveat that it not apply to hazardous transporters. Commissioner Smith asked - any waivers at all on hazardous? Peter Richardson interjected - there are some inaccuracies in the decision memo on hazardous materials.  Said he also talked to Sondra DeKlotz.  She said this would not jeopardize funding.  Read from CFR.  Unsure that would jeopardize Transportation's funding.  Spoke to the percentage of hazardous materials being transported.  Said the point of his comments is, where Mary Friddle states the exemption would jeopardize the funding for Transportation Department, his reading of the CFRs, does not apply to hazardous materials. Commissioner Smith said whatever we decide should go past Sondra DeKlotz. Commissioner Nelson suggested going to the 70 hours. Discussed acceptable tolerance. For non, #2 is correct. -3- Commissioner Miller asked if the last paragraph on Page 3 applied to hazardous products?  We can go with these and not have a problem with federal? Commissioner Nelson asked what monitoring was done by staff now? Mary Friddle replied - regular safety.  This would just change the hours they were looking for, for safety requirements. Commissioner Nelson said as he read this paragraph, he thought they could haul hazardous without jeopardizing federal funding.  Think we would pose limits. Mary Friddle said she thought the only think that needed to be cleared up was if they hauled hazardous materials. Peter Richardson spoke to driver hauling different "placarded" loads. Commissioner Miller said there is kind of a policy question, would it be a good idea to grant waiver on hazardous, on the record and information we have...am not sure on the record we have, from a policy standpoint, we would want to grant exemption for hazardous materials. Commissioner Nelson said assuming if it doesn't foul up their funding, he would grant waiver from 60 to 70 hours.  The ten hour waiver is all we would need to do. Asked how much of a problem it was to keep log book over time sheet? Mary Friddle said she thought it wasn't too hard. Commissioner Miller said as he understood the idea, go up to the level of those that keep log books and stretch out the hours of service? **Decision was to authorize Proposal No. 2. Make them individually file some kind of paperwork that they want to do that and here are the people operating under that. **In attendance was Mr. Holloway - he added - He was with the state police for three years.. spoke to Proposal No. 3 in the Decision Memorandum.  Said you can fit in a few more hours under the 70 rule.   -4- Commissioner Smith asked - 15 hours in a day and 70 a week would work? Mr. Holloway responded. Commissioner Smith said if we do that we aren't really granting a waiver, are we? Mary Friddle said yes - because you are giving them an additional 10 hours. Commissioner Miller asked Mr. Holloway about Option II? Mr. Holloway responded.  Said actual driving time isn't the problem - it is the sitting around time. Commissioner Miller asked Holloway about the proposal? Mr. Holloway said they want 15 hour days.  Carriers are trying to do this as legal as possible. Commissioner Miller said that would be some help to them.  Asked if their proposal would take the commission outside the federal dollars? Commissioner Nelson said by running a log book, spoke to "on duty time" and "off duty time".  Gave examples.  Said in this case they don't have facilities for the drivers to rest.  This probably would not qualify as off-duty time. Commissioner Miller said he thought Commission had to stay within federal tolerances. **Tonya Clark was in attendance at this time. Commissioner Miller said getting back to the memo, we are thinking of granting #2? **16 hours - 70 in 7 days. Hazardous - if we don't loose funding would allow it. Commissioner Miller said if we stuck with some prior notification, kind of the idea that anybody could operate under the relaxed policy if they file notice with us - if they carry hazardous, could we require different information from them, on reporting?                     Mary Friddle said you could make them prove a CDL endorsement.  Maybe make them send their information in.  Not sure what else we could do with hazardous materials. -5- Commissioner Miller said he didn't want to make it impossible, but at the same time was concerned about policy of relaxing requirements when we don't have much information. Commissioner Nelson asked about the percentage of hazardous hauling right now? Peter Richardson replied - 5% in the western part of the state. Commissioner Miller said given the relatively insignificant amount that is hazardous and in his mind, the need for better strong factual justification for hazardous think this ought to apply to non-hazardous. Commissioner Smith said she could live with that. Commissioner Nelson said if they want to keep hauling hazardous they can do the 60 hours. Commissioner Smith said if they determine that that is also critical they could come in again. Commissioner Miller said we could certainly consider carrier-specific requests on that, but for blanket presentations, was not willing. Mike Gilmore said he would recommend adopting a temporary rule (emergency rule).  Waiver usually means specific parties. Commissioner Smith spoke to what the emergency rule would say. Mike Gilmore spoke to the requirements. **Also list of drivers that would be driving.  (To the extent they are known). Commissioner Nelson said he thought it is onerous to add drivers. **Commissioner Miller said - ones now known. Commissioner Nelson asked if this would apply to placarded - if it is placarded loads only? Mike Gilmore said there is no relaxation of the rule for "placarded" loads.  But can leave the rule open for applications for "placarded" loads. -6- 4.  Beverly Barker's April 15, 1993 Decision Memorandum re:  Utah Power and Light Proposed Tariff Revisions. Okayed by Commissioners - can be done by Minute Entry. 5.  Jim Long's April 14, 1993 Decision Memorandum re:  GNR-T-93-10; PAYTEL Northwest, Inc. Application to Process Calls to Operator ("O") On a Pay Telephone. Approved. 6.  Jim Long's April 15, 1993 Decision Memorandum re:  Tariff Advice No. 93-3-12 peak hour discount toll plan. Approved. 7.  Jim Long's April 15, 1993 Decision Memorandum re:  Case No. GNR-T-92-5 - EAS Petition from Elk City residents. Commissioner Miller said to be sure we notify the Elk City people of the availability of this service;  individual notice to these people, for the staff to write a letter to each of these people letting them know what is available.  Be sure that these people who wanted some relief know that something is available. Petition for EAS denied. 10. Lori Mann's April 16, 1993 Decision Memorandum re:  AT&T's Motion In The White Bird EAS Case:  Case Nos. CON-T-91-1 and USW-T-91-1. Lori Mann spoke to another option. Birdelle Brown spoke to GTE/US West proposals not speaking directly to AT&T.  Think if neither companies mention them by name they may not file. Lori Mann reminded the Commissioners of the dates set. Commissioner Miller asked what the harm would be in granting the motion? Lori Mann said staff and AT&T would be filing at the same time. Commissioner Smith said she would be inclined to grant the motion and have staff provide rebuttal. Okayed. -7- 8.  Scott Woodbury's April 13, 1993 Decision Memorandum re:  Case No. IPC-E-93-4 - Avoided Cost Trigger Application. Decided on modified procedure. 9.  Scott Woodbury's April 16, 1993 Decision Memorandum re:  Case Nos. WWP-E-93-2/WWP-G-93-2 FAS-109, Accounting for Income Taxes. Syd Lansing spoke to the $154,000,000 increase Commissioner Nelson questioned.  It gives them an asset on the balance sheet. Commissioner Miller said it wouldn't hurt to run it through modified procedure because of the dollar amount. Modified procedure. 11. Proposal to Evaluate Water System - Hayden Pines Water Company, Avondale Service Territory. Commissioner Smith explained that she had this item put on the agenda. Commissioner Nelson said this comes within his thinking on this matter. Commissioner Smith said it did bother her to use Commission funds to do work that the utility should be doing, but because of the nature of this problem, in saying we did this on our own, this is the result and you have to live with it. Randy Lobb said it may solve the problem. Commissioner Nelson said if it doesn't solve the problem, it will at least give those customers a lot more assurance that they can rely on this report. Commissioner Smith said she didn't want to get into the habit of the Commission going out and solving utilities' problems. Dave Schunke asked if there was some other recourse? Commissioner Smith said she didn't know what. Commissioner Miller said he thought we ought to do it but have it in our mind that we are going to only do this for the most irresponsible utilities. -8- Randy Lobb said he thought the Commission should be prepared for another consultant saying the company went about it correctly. Commissioner Smith asked about the two options, which should the Commission do? Commissioner Miller suggested you may never get to Task II. Commissioner Nelson asked if we need to order Ford to cooperate? Randy Lobb said he thought it could be a problem. Commissioner Smith suggested calling Bud Ford and asking for his cooperation. Commissioner Nelson thought a press release would also be a good idea. Mike Gilmore suggested holding off on the press release. Commissioner Smith asked Lori Mann if she could do up a contract? Lori Mann will do so. **Montgomery will be hired. Lori Mann will also talk to Woody Richards. Decided to do Task I first - can talk about doing Task II later. **Don't put out press release yet. 12. Terri Carlock and Denise Barkdull's April 15, 1993 Decision Memorandum re:  South County Water Company - Issuance of Securities - Case No. SOU-W-93-1. Okayed. 13. Mike Gilmore's April 15, 1993 Decision Memorandum re:  Case No. 31-0201-9301 - Readoption of Public Records Rules. Approved. 14. Mike Gilmore's April 15, 1993 Decision Memorandum re:  Case No. 31-1201-9301--Readoption of Uniform Systems of Accounts. Approved. -9- 15. Mike Gilmore's April 15, 1993 Decision Memorandum re:  Case No. 31-1101-9301--Proposed Readoption and Reformatting of The Commission's Adoption by Reference of Various National Safety Codes. Commissioner Nelson said to commend IGC for commenting.   Approved. **Unclear references are to be corrected. Meeting adjourned at 2:45 p.m. Dated at Boise, Idaho, this 19th day of May, 1993. Myrna J. Walters Commission Secretary 0154M