19930823.docx

MINUTES OF DECISION MEETING
August 23, 1993 - 2:30 p.m.
In attendance were Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Don Howell, Lori Mann, Tonya Clark, Mary Friddle, Eileen Benner, Carol Cooper, Don Oliason, Gary Richardson, Bev Barker, Belinda Anderson, Joe Cusick and Myrna Walters.
Also in attendance were Walt Sorg of GTE, Greg Said of Idaho Power Company and Peter Richardson, Attorney at Law.
Items from the August 23, 1993 Agenda were discussed and acted upon as follows.
Commissioner Miller said if there were no objections, he suggested adoption of Items 1 thru 4 and 6 thru 8, as a block.
Motion was seconded.  Approved.
5.  Belinda Anderson's August 12, 1993 Decision Memorandum re:  U S West's Tariff No. 93-05-S to be effective 11-1-93 For Addingng Optional Toll Calling Plans to Public Access (PAL) Lines and Removing Nonrecurring Charges for New Number Referral.
Commissioner Smith asked - intercept is still being provided, there is just no charge?
Belinda Anderson said yes.  Explained the terms.
Commissioner Smith suggested - I am a residential customer and I move, how long will I get it free?
Belinda replied - three months.
Approved.
9.  Brad Purdy's August 18, 1993 Decision Memorandum re:  Idaho Power's Application to Revise Tariff Relating to Mobile Home Pedestal Program - IPC-E-93-19.
Commissioner Smith asked - what they are really doing is putting in new equipment?  There are no junction boxes there now?
**Scott Woodbury and Don Howell were in attendance at this time.
After brief discussion, it was decided the matter should go out on modified procedure.
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10.  Brad Purdy's August 18, 1993 Decision Memorandum re:  Case No. IPC-E-91-4:  Ratebasing of Twin Falls Plant--Rosebud's Petition for Reconsideration.
This item was held.
11.  Don Howell's August 18, 1993 Decision Memorandum re:  Cancellation of Citizens' Certificate of Public Convenience and Necessity No. 158 for Water Service.
Agreed to the order.
12.  Don Howell's August 19, 1993 Decision Memorandum re:  Citizens/GTE Objection to Westcom Long Distance's Petition to Intervene; Case Nos. CTC-T-93-1, GTE-T-93-2.
Commissioner Nelson said he thought there was some legitimacy to the objection.
Commissioner Smith said the Commission has a policy of being liberal with interventions.  This is the first time someone who has no interest in Idaho has come forth.
Commissioner Nelson said by their own statement they want to bring up billing disputes in California.
Don Howell spoke to the California order.  Explained what it said.  Resumption of that dispute has not occurred but according to the August '92 order, California Commission said they were within their rights to disconnect.
Commissioner Miller said it seemed to him the only issue they could build on is fitness and in order to prevail...seemed they would have to show that citizens as a company was so corrupt...would deny the petition.  Do have a hard time seeing what their substantial interest is.
Commissioner Nelson asked if Citizens of California was the same company that is going to merge?
Don Howell said they have formed an Idaho corporation but it is operated by Citizens parent company.
Commissioner Miller said this isn't to say he didn't have some concerns, they are working with staff, the information from the popular press does raise questions about Citizens desire to be in the phone business.  Is it short term cash generation, or do they intend to be in Idaho on a permanent basis, is a question he has.  Doesn't look like WestCom can help him with that.
Petition to intervene denied - all three commissioners agreed.
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13.  Scheduling for Citizens/GTE Transfer Case - Case Nos. CTC-T-93-1, GTE-T-93-2.
Commissioner Miller said Don Howell's proposal was fine.
Commissioner Smith suggested doing the technical hearing the same day.
Don Howell explained why he suggested the technical hearing in Boise.
Eileen Benner also spoke to that.
Discussed technical and public both being held in Boise.
Discussed evening hearing in McCall.
Decisions were:  dates are okay.  Yes to hearing.  Decision is to be made on where to have hearing - McCall or Boise.
14. Don Howell's August 19, 1993 Decision Memorandum re:  AT&T's Answer to the Complaint Concerning Its Inability to Complete Collect International Inmate Telephone Call, GNR-T-93-15.
Don Howell said the recommendation of the PUC lawyer is "no jurisdiction".
Commissioner Nelson said he would just as soon turn it over to the FCC.
Commissioner Miller said he did think it was necessary to get the AT&T response.
Decision was:  Grant AT&T's Motion to Dismiss.
15. Terri Carlock's August 20, 1993 Decision Memorandum re:  PP&L Tariff Advice 93-P3 and UP&L Tariff Advice 93-U5 to Pass Through Changes in the BPA Exchange Credit.
Commissioner Smith said she thought cases should be opened and modified procedure done.
Commissioner Nelson said if it went past October 1, could do interim rates.
Commissioner Miller asked - should company open the possibility of going further after modified procedure?
Would like to encourage anybody that has something to say, to ask for hearing.
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16. Scott Woodbury's August 20, 1993 Decision Memorandum re:  Case No. GNR-E-93-6 (EWG) Late Intervention Request-IEPI.
Commissioner Miller said it didn't look like by granting intervention it would delay the proceedings.
Agreed to granting the intervention.
17. Scott Woodbury's August 20, 1993 Decision Memorandum re:  Case No. IPC-E-92-31--Rosebud--Mountain Home IPCO Motions to Compel & Suspend Discovery Schedule and 18.  Scott Woodbury's August 20, 1993 Decision Memorandum re:  Case No;. IPC-E-92-31 Rosebud--Mountain Home IPCO "Petition for Reconsideration".
Commissioner Miller asked about considering Items 17 and 18 together?  What if we scheduled hearings on production request and the intervention and have hearing and prehearing conference?  Said he didn't before today go through the requests to figure out the correct answers.  Suggested setting those for hearing.
Agreed.
10. Brad Purdy's August 18, 1993 Decision Memorandum re:  Case No. IPC-E-91-4:  Ratebasing of Twin Falls Plant--Rosebud's Petition for Reconsideration.
Commissioner Miller said it seemed to him that while our decision is correct and fully-supported by evidence and outlined in the order, should give him one more shot.
Commissioner Miller said his thoughts were the record is pretty good on the point that they had every opportunity to put on the evidence they wanted and they turned down an opportunity for a post hearing brief so he thought staff was right that there is no basis for granting reconsideration on the procedure.  That brings you to the conclusion of whether the decision is correct and he thought all Commissioners agreed it was.  That brings us to the point of will you grant me consideration just to do something to the order.  Thought the record gave us a record that provides support for the rebutting of all of Rosebud's claims.  Thought order was in pretty good shape.
Commissioner Nelson said he didn't see any reason to go through any more agony.
**Didn't think anyone was going to change their minds.
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Brad Purdy commented this is a party that has the means to appeal and while he didn't recommend wasting any more resources on this, have to say the possibility of an appeal is real and wonder if there is anything we can do to bolster the record.  There was some confusion in the transcript in some of Tom's testimony about whether he said 35 instead of 50 ... somebody could make a big deal of that.
Commissioner Smith asked if that could be cleaned up in the order?
Brad Purdy said he thought the petition could be considered and you could talk about 50 years there and deal with the petition as it stands.
Commissioner Miller asked Brad if he thought he could he could defend it?
**Do whatever needs to be done in the order denying the petition for reconsideration.
Meeting adjourned.
Dated at Boise, Idaho, this 3rd day of November, 1993.
Myrna J. Walters
Commission Secretary
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