19930927.docx

MINUTES OF DECISION MEETING
SEPTEMBER 27, 1993 - 1:30 p.m.
In attendance were Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Don Howell, Scott Woodbury, Brad Purdy, Mary Friddle, Tonya Clark, Stephanie Miller, Gary Richardson, Bev Barker, Keith Hessing, Dave Schunke, Terri Carlock and Myrna Walters.  Also in attendance was Walt Sorg of GTE.
Commissioner Smith called the meeting to order.
Items from the September 27, 1993 Decision Meeting Agenda were considered as follows.
1.  Regulated Carrier Division Agenda dated September 27, 1993.
Approved.
2.  Scott Woodbury's September 22, 1993 Decision Memorandum re:  Case No. PPL-E-93-4 - Revised Electric Tariffs-BPA Exchange Credit Adjustment.
Staff made the only comments to the modified.
Commissioner Miller asked - have we always tracked these through without hearings test?
Stephanie Miller said yes.  Any over and under collection goes into the balancing account.  With the exception of Pacificorp.  PPL passes it through.  It will continue for awhile longer.
Approved.
3.  Scott Woodbury's September 22, 1993 Decision Memorandum re:  Case No. UPL-E-93-5  Revised Electric Tariffs-BPA Exchange Credit Adjustment.
Scott Woodbury said staff was the only party to file comments.  Irrigators' counsel called.  Didn't think he would be doing anything but gumming up the works.  Made no comments.
Commissioner Miller commented that a number of the irrigators in the UPL territory have been misusing BPA funds.
Terri Carlock said there are several things they are working on with BPA.  (Larsen Farms, etc.)  These are still being negotiated.  There is nothing the Commission needs to do.
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4.  Scott Woodbury's September 23, 1993 Decision Memorandum re:  IPC-E-92-31  Rosebud v. Idaho Power.
Topic of discussion was Owen Orndorff's letter regarding Idaho Power's Position Paper.
Commissioner Smith said she didn't know what to tell Owen except that the case will be decided (Rosebud) on what is in the case.
Commissioner Nelson suggested a letter from Scott Woodbury.
Commissioner Miller said he did think the company has to speak.  We can say that the document will only have affect when it becomes part of a docket.  The question was whether the document was intended to influence the outcome of pending cases, is more troublesome to him.  Looking at the parts that Owen objects to, read those carefully, he concluded that there is nothing in there that could change the outcome of a pending case.
Thought his biggest concern was that it be clear to the company that the company can't change Commission policy and can't begin acting as if the proposals it sets forth for the future were now in effect.  Think there is some concern that silence on our poart could be construed to be about like acquiescence.  Would like to make it clear that the policies in the proposal are deveations from the current policies and the company can't start acting now as if those policies had been adopted.  They have to live by what they have now.
Scott Woodbury said staff is in the process of preparing its testimony in this case.  Suggested that this go out under Brad Purdy's signature or Don Howell's as Chief Counsel.  Said he has seen the draft of staff's testimony in this case and we are including the position paper as an exhibit.
Commissioner Miller said he would be in favor of a letter from the Commissioners to the Power Company saying we will consider this at the appropriate time but in the meantime, existing policies are what are in place and a regulated utility doesn't have the right to change policy and act accordingly until the Commission approves.  Make that postiion clear.  There are allegations that Idaho Power is through one course of action or another, circumventing policies.
**Discussed how to handle this.
Commissioner Smith suggested acknowledging receipt of the documents, recognizing that our policy will not change until the commission undertakes that on a formal basis, based on the fact that the document has created a number of concerns.
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Commissioner Nelson said he would hate to see this document get more attention than their RMR.
Commissioner Smith asked Commissioner Miller if he thought this Commission letter would be issued instead of a response to Owen?
Commissioner Miller said he hadn't thought that through.
Decision was:  Letter to the Company with a copy to Owen.
Don Howell will do a draft.  
5.  Scott Woodbury's September 24, 1993 Decision Memorandum re:  Case No. WWP-E-93-11  Power Sales Agreement - WWP/Forest fuels, Inc.
Commissioner Nelson asked if staff saw any problem with this?
Scott Woodbury said no, except for the insurance provisions.
Approved.
6.  Scott Woodbury's September 24, 1993 Decision Memorandum re:  Case No. IPC-E-93-22  Revised Insurance Coverages-292 Security.
Commissioner Smith asked if anyone other than Idaho Power was saying insurance is not available?
Commissioner Miller suggested putting it out on modified procedure.
Commissioner Nelson suggested putting it out on generic, for comments from the other companies.
**Will put out for comments.
7.  Don Howell's September 24, 19983 Decision Memorandum re:  GTE's Request for an Extension to Implementing Its Local Calling Plans, Case Nos. GTE-T-90-1, 92-2, 92-3 and 92-4.
Agreed to the extension - but company must have it done well before Christmas.
Walt Sorg said the customers will be getting a notice.
8.  Brad Purdy's September 24, 1993 Decision Memorandum re:  Case Nos. PPL-E-93-3; Pacificorp's Motion for Interim Suspension of Avoided Cost Rates for QFs Above 1 MW and Procedural Handling of Case.
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Commissioner Smith asked if Commission shouldn't wait for responses?
Brad Purdy said what he was trying to achieve is more than the 14 days for comments.  At least one intervenor has indicated that 14 days would not be enough time.  Was hoping for 20 day comment period.
Commissioner Miller said this motion has been filed in one of the older cases.
Brad Purdy responded.  Said PPL filed this motion in the interim.  Said all the parties had intervened by this time.
Discussed 21 day comment period.
Granted the 21 day comment period.
Brad Purdy asked if Commissioners want hearing on the underlying case?  There is no pre-filed testimony.
Commissioner Smith asked - if they don't want to prosecute this case, why should we push it?
Brad Purdy said this is an uncertainty and causes problems.
Commissioner Miller said the other approach to get this going would be to deny the motion for interim on the grounds that there hasn't been a showing or emergency and say in the denial that if PPL wants to get this before the Commission, they should file testimony, request hearing, etc.
Commissioner Smith said - could cite back to the WWP order denying interim.
Brad Purdy said - you could deny the motion and get it on track for a hearing.
Agreed.
9.  Terri Carlock's September 24, 1993 Decision Memorandum re:  Warm Springs Mesa for Authority to Borrow Funds Not to Exceed $260,000; WSM-W-93-3.
Discussed continuing the application.
Terri Carlock said the loan officer isn't sure if they want to get involved in it yet.  They are involved with him as the owner of the construction company.
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Commissioner Nelson asked - do we have the financial information in here to act on this?
*Do not.
Decision was to continue this until we get some more definitive information.
**Terri Carlock is to check on the timeframe.
Commissioner Miller said he didn't want to do anything to scare the bank off.
Meeting was adjourned at 2:10 p.m.
Dated at Boise, Idaho, this 30th day of November, 1993.
Myrna J. Walters
Commission Secretary
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