19930914.docx

MINUTES OF DECISION MEETING
September 14, 1993 - 1:30 p.m.
In attendance were:
Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Brad Purdy, Scott Woodbury, Randy Lobb, Tonya Clark, Joe Cusick, Bev Barker, Mary Friddle, Belinda Anderson, Stephanie Miller, Gary Richardson, Dave Schunke and Myrna Walters.
Items from the September 14, 1993 Decision Meeting Agenda were discussed and acted upon as follows.
1.  Level of insurance required for tow truck operators.
Commissioner Nelson asked if $500,000 was okay with the operators?
Commissioner Smith said they didn't speak to an appropriate level.  She had some curiousity about the input we got at workshops.  There were a lot of the folks from the bigger companies.  Have some concern that a lot of the small operators didn't attend so all we got was the bigger guys.
Mary Friddle said big and small - small carriers tend to lean towards $500,000 and larger to $750,000.  Lot of the small carriers were crossing state lines so they should have been carrying $750,000.
Tonya Clark said we have an agreement to enforce it also.
Commissioner Miller said initially he wasn't very interested in changing from the $750,000.  
Tonya Clark responded.  This set of workshops has to do with tariff for tow truckers but the insurance always bothers them.
Commissioner Miller asked about the $750,000 for insurance,  general requirement for trucks.  At these workshops, the majority thought the $750,000 was right?  That is the federal requirement?
Tonya Clark said the position has always been uniformity.
Commissioner Miller said $750,000 didn't seem like a lot of insurance.
Mary Friddle spoke to what states regulated tow trucks.
Commissioner Smith said one of the problems is we have such diversity in our state.  Don't have homogeneous group providing service in a similar manner.
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Commissioner Nelson said he thought it was interesting in Oregon that they break it down between big and small truckers.  
Mary Friddle said if you set the limit for 26,000 or over, you wouldn't require insurance for tow truckers.  
Commissioner Nelson said he wondered if it would make sense to table this and ask staff to look into the different proposals.
Commissioner Smith asked Mary Friddle if staff's recommendation would change if they investigated?  There would be very few if you sent to over 26,000.
Commissioner Smith said she thought Commissioner Nelson was suggesting a different number than 26,000.
Tonya Clark said she was wondering what insurance companies are looking at?  Wonder what the factors are?
Mary Friddle said there are many factors involved in setting insurance premium.
Tonya Clark said insurance companies are in a better position to evaluate risk.  
Commissioner Miller said he was not inclined to change the limit.  Said he worried about bouncing around from rule to rule or amount to amount.
Commissioner Smith asked - do you think our decision was for all trucks, even tow trucks?
Mary Friddle explained why the $750,000 number.  It was because it was for all trucks.
Commissioner Smith said while all we have filed in-house is one letter.
Commissioner Nelson said he was inclined to table this for a couple of weeks and toss it into the tow truck rules and get some information on what insurance companies charge.
Mary Friddle responded.  Said the amounts vary so much.  Couldn't come up with really good numbers.
Commissioner Smith said - hold this for the next meeting for Commissioner Nelson to get more information.
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Commissioner Miller said the other option is to open a notice of inquiry to build a record to establish what the correct amount is.  Just based on what we have, to do a change, makes the Commission look like the facilitators depending on who wrote to us last.  Wouldn't do a proposal, but would open an inquiry.
**Have separate rule proposal.
**Don Howell was in attendance at this time.
Don explained rulemaking.
Commissioner Miller said he thought these should be done separately and not hold up tow truck rules.
**Notice of inquiry on insurance was decided upon.
Commissioner Miller said he thought staff should file comments in this.
**Also in attendance at this time were Eileen Benner, Bill Eastlake, Terri Carlock, Tom Faull and Lori Mann from staff and Bob Dunbar.
2.  Report from Bob Dunbar, on TRS.
Said first thing - delinquent accounts - don't now have significant problem with those.  
(2)  In July, the useage jumped 20% over June.  Talked to several people in the community and Hamilton.  Don't see anything that is out of line.  It had been an even growth of about 6-7% a month.  Will keep an eye on that.
(3)  Report on equal access.  FCC is requiring as of mid-July, relay services be provided to various carriers for long distance calls.  Long distance are about 4% of the calls.  Hamilton was late bringing that on line.  The way it is operated now is - MCI, LDDS and Metromedia and AT&T.  Sprint has not signed on.  The community wants the calls to be as short as possible.  So right now they are being defaulted to AT&T.  Gary Warren for Hamilton has some questions October 1 that have to be answered.  He will come to Idaho October to report what they are doing on this.  He is going to give us what he sees as contractual requirements.  Have had no complaints and no comments about equal access.  Is an area we need to keep an eye on.
Commissioner Miller said the question is whether defaulting to AT&T is within the contemplation of the FCC.
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Bob Dunbar said he has checked with some of the other states and they are wrestling with this.  It is going to take a little more homework.  Would like to bring Gary Warren in in October.  
Commissioner Smith asked if we were still okay on the surcharge level even with the 20% increase?
Bob Dunbar said yes, for now.
Commissioner Smith said this is the time if we have any items to be take up with Hamilton, we should contact Bob so he can relay those or have them ready when Hamilton comes in, in a couple of weeks.
Bob Dunbar said he would like to have questions to take to them.
Commissioner Smith commented - think they are doing a good job.
Bob Dunbar will be meeting with the Deaf and Hard of Hearing to get their comments.
3.  Don Howell's September 3, 1993 Decision Memorandum re:  CPI Complaint Against U S West Concerning the Billing and Provisioning of Centrex, Case No. USW-S-93-3.
Don Howell explained why he set out the history of the situation.  The crux of the issue seems to be whether CPI is appropriately classified as a reseller of Centron.  Initially when the service was turned on in September '91 there may have been some confusion.  In May 1992 contract was signed that clearly set out CPI as the customer.  This all led to a dispute over the terms of this contract.  A threatened disconnection prompted CPI to dispute the bill, thus keeping service.
Commissioner Nelson asked who received and paid the bill?
Don Howell said a lot of people.  CPI said the apartment owners were sent the bills.  Sometimes they paid US West.  Sometimes they paid CPI.  As the delinquent bills continued to accrue, U. S. West said you are the customer who owes us x numbers of dollars.
Commissioner Smith said - tell her why we shouldn't see this as a contractual matter and take it to district court?
Don Howell said CPI was disputing it to avoid disconnection.  U. S. West has said they would provide service to the customers..  In conversation with CPI, they want to be the agent for the apartment owners.  What made this economically feasible is that CPI was a reseller.
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You could make the apartment owners endusers.
Commissioner Nelson said this is a contract dispute.
Don Howell said U. S. West said in their response that CPI was aware of what was going on.  CPI received a 50 cent surcharge on each call.  Explained how they are going to make money.
Said if they had a single location with 300 stations behind it, they could have gotten a rate.  Never had enough to get discounts.
Jim Long said he met with the CPI owner and he understood the terms.  Shortly after that he entered into a contract with U. S. West.
Commissioner Smith asked - is there anything we need to decide?
Commissioner Miller said if we were to decide whether or not they were a reseller, couldn't decide that.  If we are going to say it is beyond our scope, because of Title 62, if we are going to take a very narrow view, don't know what we can do to prevent disconnection.  Amount owing is for a court to decide.  Asked if they are still in arrears?
Don Howell explained the amounts move.  $142,000 is the amount of the arrearage.
Commissioner Miller asked - do you think there are instances where apartment owners send checks to U. S. West and they cashed them?  Do we have the ability to prevent termination?
Don Howell said he thought that because of what our rules say is local service, we could prevent termination.  U. S. West would like to make changes.
Commissioner Smith said it seemed to her you would have to have some kind of hearing to determine all the details.
Don Howell said what the contract did is make CPI the customer.  It had a general reference about access tariffs.  
Commissioner Miller asked - do we know if the apartment owners' checks occurred after the signing of the contract?
Don Howell said he didn't know for sure.
Decision was:  Show Cause hearing in Boise.
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4.  Joe Cusick's September 7, 1993 Decision Memorandum re:  GTE Advice No. 93-14 Revisions to WATS Access Service Tariff.
Approved.
5.  Bill Eastlake's September 7, 1993 Decision Memorandum re:  WWP's Resource Management Report; Case No. WWP-E-93-6.
Commissioner Miller said he thought we should at least discuss what we think of some of the observations that we made.  The Rathdrum project didn't appear to be part of the plan.  Think that is a question.  Another question he thought we agree with is the shift of the total resource cost methodology.  Agree with Bill that DSM ramping up and down is a concern.
Commissioner Nelson asked - if we agree to those, are we agreeing to the plan or not?
Commissioner Miller said we could accept it but in our letter point out areas that are a concern.
Lori Mann said it was accepted without approving last year and concerns were set out.  
Commissioner Miller said he would like to agree on Commissioner concerns also.  One topic that didn't come up is the total lack of any focus on renewables and the cost component of renewables...
Lori Mann said she would draft a letter.
**Commissioner Miller will work on the language on renewables.
6.  Scott Woodbury's September 7, 1993 Decision Memorandum re:  Case No. WWP-E-93-2 Alan W. Rebeck v. Washington Water Power Company.
Commissioner Nelson asked what WWP thought of the changes?
Response was they agreed.  This new tariff wording is acceptable to them.
Bev Barker said she thought it would work better now.  Think we responded to Mr. Rebeck's concern about the amounts going up and down.  WWP has agreed to change it either up or down.
Commissioner Smith said Mr. Rebeck believes that unless you change every customer the same, if any customers are done outside of other customers, that is discriminatory.  If one customer moves to a smaller house, etc., there is no reason to not redo their pay level.
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Bev Barker said before it was more a judgement call on the part of the company.  Now there are perimeters.  Wouldn't set time frames except year end.  Don't want to unfairly impact customers.
Commissioner Miller asked if the "review" on a regular basis was his problem?  Took it he had two concerns - the periodic review was wrong.  It should be annual for everyone.  Second concern is his perception of the update.  Thought this paragraph could be redone to make it cleaner.  On a review if it was too high, it isn't clear what would happen if it is too high.  Thought he was correct in saying it wasn't specific.
Bev Barker suggested some wording changes.
Commissioner Miller suggested wording about it being symetrical.
Bev Barker said earlier drafts were confusing.
**Clarify the tariff and point it out in the order.
Scott Woodbury said the company wants implementation of February.  Whatever day the tariff pages are effective, they now know how it should be done.
7.  Scott Woodbury's September 8, 1993 Decision Memorandum re:  Island Power Company, Inc. vs. Utah Power & Light Company.
Approved the notice.
8.  Randy Lobb's September 9, 1993 Decision Memorandum re:  Hayden Pines' Report Regarding Future Water Treatment Program Plans - Case No. HPN-W-91-1.
Commissioner Smith asked who was going to conduct these meetings?
Randy Lobb replied the company is.
Commissioner Smith said she wondered if it didn't require assistance?
Randy Lobb said they will need the assistance of the consultant.  Said he could consult them on what it would mean for rates but probability of success, he couldn't do that.
Commissioner Smith asked if Montgomery Watson should be in attendance?
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Randy Lobb said - or perhaps their engineer.  Think it is something Bud Ford needs to explain to his customers.
Lori Mann said based on the number of letters we have gotten, think someone from here should go to at least the first meeting so we will have first-hand knowledge to report back to these people.
Randy Lobb said he anticipated these would be later in time.  Would like to see some of the surveys.  Talked to Art Sestak, seems to think the situation is improving slightly.
Commissioner Miller said he thought Randy Lobb should go to the meeting.
**Do survey first.
Commissioner Smith said it might not get finished til spring.
Randy Lobb said the monthly customer surveys are important.
**Staff recommendations were approved by the Commissioners.
9.  Randy Lobb's September 9, 1993 Decision Memorandum re:  Hayden Pines Water Company Tariff Advice 93-2, Minimum Pressure Special Facilities Charge-Case No. HPN-W-93-1.
Commissioner Miller said Randy Lobb's recommendation is a general tariff but based on individual case by case circumstances rather than blanket rule.
Randy Lobb said in the meantime, would like to work with DEQ so company responsibility ends at the meter.  The customer can decide to resolve the problem himself.
Commissioner Nelson asked how often that was a problem?
Randy Lobb said half a dozen customers have their own booster pumps.
Commissioner Nelson said he thought Randy Lobb's suggestion is a good one but you have to deal with Bud Ford individually.  Asked how that will change with the tariff?
Bev Barker said now he can have a tariff to point to.
Randy Lobb explained the situation that brought this up.  He will have to let the customer know up front what the charges are.  This puts the company on notice that if they don't put the customer on notice, you can't go back to the customer.  There is no way they are going to get around working with him.
**Go with staff.

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9.  Randy Lobb's September 9, 1993 Decision Memorandum re:  Hayden Pines Water Company Tariff Advice 93-2, Minimum Pressure Special Facilities Charge-Case No. HPN-W-93-1.
Commissioner Nelson asked how the company reacted to staff's recommendations?
Randy Lobb said - haven't gotten their response on amortization, yet.  
Terri Carlock said she didn't like that.  He agreed the interest and taxes would be paid first but as far as the payment he would like it to go to him before its paid down on the loan.  He wants himself paid off so it is not turned into equity for the purpose of the sale.
Okayed.
11, Randy Lobb's September 10, 1993 Decision Memorandum re:  Kirby Complaint Against Eagle Water.
Approved staff memo.
12. Brad Purdy's September 10, 1993 Decision Memorandum re:  Case No. IPC-E-93-20.
Commissioner Nelson said do notice of modified procedure to see if we get any objections.
13. Brad Purdy's September 10, 1993 Decision Memorandum re:  Case Nos. PPL-E-93-3; Pacificorp's Motion Opposing the Intervention of Rosebud Enterprises, Inc.
Commissioner Smith said - let them in and tell them they can't litigate their complaint.
Commissioner Miller said - or deny it.
Commissioner Smith said - could put out a proposed order denying it.
Brad Purdy said he would recommend that we put the underlying case out on modified.  
Let Owen in, in the meantime.
14. INL-T-91-2 - Discussion of ability of Leon customers to use calling cards.
Commissioner Smith said she thought two of the complaints the people raised need immediate attention.  Had Lori Mann put in wording in the order about 911.
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(2)  If you are out of town, you cannot call home with this calling card.  That is a problem.
Birdelle Brown said sometime between the hearing and today, Inland has made an agreement to using Inland's calling card number.  If you are in Moscow and you want to use Inland's calling card, you can get to Sprint.  Said Lynn Anderson tried it and it did work.  It is more digits.  Sprint carrys the call if it is interlata and U. S. West carrys it intralata.  If a Leon customer is calling within its lata, providers are different.  Inland claims to have given notice to the customers.  They need more information.
Commissioner Miller said you can make the call, it is just getting instructions.
Commissioner Smith said it seemed like this is a problem they raised.  We should acknowledge it.
**Direct Inland to make ample notification.
14A.  Don Howell's September 10, 1993 Decision Memorandum re:  ITA's Application to Change Access Rates for Ten Telephone Companies and Five Cooperative Telephone Companies, Case No. GNR-T-93-18.
**Put something in the notice about the short haul toll rates.
Don Howell asked about the effective rate?
Commissioner Smith said normally telephone bills are for on and after rendered.  *Would incur on access charges.
Eileen Benner said Universal Service payment would have to go back 2 months also.
**Figure out the dates.
15.  Terri Carlock's September 10, 1993 Decision Memorandum re:  Washington Water Power Company 1993 Stock Split - Case No. WWP-S-93-4.
Approved.
16. Terri Carlock's September 10, 1993 Decision Memorandum re:  Pacificorp's Amendment Requesting an Additional 1 Million Shares of Common Stock - Case No. PAC-S-92-5.
Approved.
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Dated at Boise, Idaho, this 26th day of November, 1993.
Myrna J. Walters
Commission Secretary
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