19931005.docx

MINUTES OF DECISION MEETING
OCTOBER 5, 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, Tonya Clark, Mary Friddle, Gary Richardson, Eileen Benner, Birdelle Brown, Syd Lansing, Randy Lobb, Lori Mann, Madonna Faunce and Myrna Walters.
Also in attendance were representatives of Citizens Telecommunications, Walt Sort of GTE and a representative from Idaho Power company.
Items from the October 5, 1993 Agenda were discussed as follows.
1.  Regulated Carrier Division Agenda dated October 5, 1993.  
Approved.
2.  Randy Lobb's September 30, 1993 Decision Memorandum re:  Water Company Tariffs to recover the Division of Environmental Quality (DEQ) Assessment Fee.
Randy Lobb explained why the October 1 effective date.  Said the only problem with an effective date of today (10-5-93), is in the case of Boise Water, they can't recover the total revenue because they have lost 5 days of revenue.
Commissioner Miller said - but we have the power to make any effective date.
Randy Lobb said alternatively you could allow companies to true up any revenue deficiencies.
Commissioner Miller asked  - if they use October, 1993 effective date, do they still have to true up?
Randy Lobb asked if there was a problem with approval of effective October 1?
October 1 is the DEQ billing date.
After discussion, decision was to use October 6, 1993 effective date.
Also in attendance at this time were Terri Carlock and Stephanie Miller from Staff and Woody Richards, Attorney at Law.
3.  Scott Woodbury's October 1, 1993 Decision Memorandum re:  Case No. GNR-E-93-7 - Petition for Declaratory Ruling.
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Commissioner Smith asked why we have to put this out on modified?
Commissioner Nelson asked if they were a public utility before because they were exempt before?  They have never sold to a public utility.
Don Howell said we issued a declaratory ruling before.
Scott Woodbury explained that matter.
Commissioner Miller said he didn't see any harm in modified procedure.  If staff is still uncertain, we might be also.
Scott Woodbury explained the timeframe.  They need something by December 15.
Commisisoner Smith explained her concern.
Woody Richards said December 1 is the actual date.
**Decision was to put out on modified.
4.  GTE/CITIZENS Transaction - GTE-T-93-2 and CTC-T-93-1.
(1)  What to do with AT&T comments?
Commissioner Miller said - Accept them in the record as comments as opposed to testimomy and give them the weight that is attached to things submitted without being subject to cross.  Assume we should stick with that.  Assume we want to do that.  Whether we want to include some comment to the effect that when a company decides not to have regulatory presence in the state and decides which hearings to attend and which not, there will be times when they guess wrong.  That is not our problem, it is theirs.  Said that was his personal feelings.
Commissioner Smith said she was interested in getting their cooperation in other matters.
Commissioner Miller said he has expressed his personal opinion which is enough for him.
Commissioner Nelson said he didn't think it was accorded a great deal of weight.
Commissioner Smith said she didn't object to saying it was their choice.
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All the other matters that we at sometime contested were raised and dealt with in the stipulation.  Thought staff did an excellent job in getting those things worked through on a reasonable basis, ending up with a stipulation that was very well analyzed.  And the two companies obviously contributed to that also.
Commissioner Smith said she was confused on No. 7.
Don Howell explained.
Commissioner Nelson said he wondered if it wouldn't be simpler to transfer all deposits.
Bev Barker explained the problem.  Said GTE was going to credit prorated interest on deposits to the final bills GTE issued and then they would transfer what was left to Citizens.  Citizens would maintain these after the sale.  For those right on the verge of being returned, thought it would be less confusing to refund at that point rather than going to the requirement.
Don Howell said there was an informal agreement among the parties that it was an insignificant matter.
Commissioner Miller said - in the absence of protests from the company and no recorded opposition to it, it is reasonable.
Adopted staff proposal.  
Acquisition adjustment - settlement proposes rather than the Commission making decision one way or another now, reserve it until some other time.  Staff didn't even constitute that that would be appropriate grounds for acquisition treatment recognition.  So it is kind of left with this as an open question to be addressed later.  We could say now we don't do acquisition adjustments on the other hand, both staff and the parties agree that we could leave it an open question.
Commissioner Nelson suggested leaving it as an open question.
Commissioner Miller said okay but he was somewhat ambiguous about it.  On the one hand, company should have incentives to improve service quality and leaving this open provides some uncertainty for that.  On the other hand, don't want to mislead the company into thinking it is an acquiescence in that idea.  Guess he hoped the company can demonstrate efficiencies and operating benefits they ought to try.
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Other major point was the question of company and staff and other parties getting a plan worked up to address issues such as upgrades, access charges, etc. with the plan to be submitted no later than the end of April next year.
Commissioner Nelson said he thought that was a highlight of the settlement.
Commissioner Smith said - assume we get the opportunity to meddle with it when it comes in.  Access charges are important.  Think it would behove us to get a plan in place on that.
Commissioner Miller said he did think other parties who have an interest in this plan should be part of that plan, not just staff and companies.  It would avoid the AT&T problem.  Think there should be an affirmative effort to have all the "stake holders" involved in those discussions.
Commissioenr Nelson asked -  the criteria for measuring deferred income test is all right?  
Commissioner Miller said yes.
Access charges will be part of the plan.
Approve GTE's accounting on their side of the books?
Yes.
Commissioner Smith said she had one concern.  These new exchanges will take a hit down regardless of what happens.
Don Howell suggested - see how that all checks out.
5.  Proposed Settlement between Albion Telephone and Commission staff in ALB-T-92-2.
**Held - is not ready for decision.
6.  Application of Washington Water Power Company for an order issuing a certificate of public convenience and necessity for the construction and operation of a natural gas-fired turbine project for the generation of electricity -Case No. WWP-E-93-4.
Commissioner Smith said the order is quite short.  It doesn't reflect the agony the decision making was in this case.  It was a very difficult case in which to look at the company's needs and plans and the community's needs and plans and the community itself was divided on whether or not the project was desirable or necessary.  The Commission did
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its very best to examine the evidence that was presented and has determined that a certificate should be issued but that the certificate not include provision for back-up diesel at the site over the acquifer. Opened the matter for discussion.
Commissioner Nelson said it was a difficult decision but the company did show benefits to the ratepayers and the project should go forward.  Said  Commissioner Smith was right - there was a division within the community.  The leaders supported the project.  Was confident it will prove to be a project that is beneficial to the ratepayers.
Commissioner Miller commented - there are some orders you sign intuitively.  There are others you sign with other thoughts behind your signature.  But the important thing is whether you sign it or not.  Don't think he needed to go into the thoughts behind the signature.
Meeting was adjourned.
Dated at Boise, Idaho, this 30th day of November, 1993.
Myrna J. Walters
Commission Secretary
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