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HomeMy WebLinkAbout19931206.docx MINUTES OF DECISION MEETING December 6, 1993 - 1:30 p.m. In attendance were Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Don Howell, Scott Woodbury, Lori Mann, Joe Cusick, Syd Lansing, Keith Hessing, Gary Richardson, Jim Long, Bob Horton, Randy Lobb and Myrna Walters. Also in attendance was Tim Stivers; Pat Stewart and Ron Lightfoot from U S West; Mike McGrath and Brian D., from IGC. Items from the December 6, 1993 Decision Meeting Agenda were discussed and acted upon as follows. 1.  Regulated Carrier Division Agenda dated December 6, 1993. Approved. 2.  Mary Friddle's December 3, 1993 Decision Memorandum re:  Concrete Placing Company, Inc. Commissioner Smith asked if this was just consideration of the temporary? Bob Horton said yes. Tim Stivers disagreed.  Said permanent was on the last decision meeting agenda.  It was his understanding that these concerns were on the temporary and the permanent. Bob Horton said we are not considering the permanent in this meeting.  Are only considering the temporary at this time.  It came in November 16.   Commissioner Smith said since staff is recommending temporary authority for general commodities but the request for express parcel and structures exceeding 14 feet be denied, and wait until permanent is considered, is that the staff position? Bob Horton said staff- two to one - recommended that nothing but concrete products be issued, even though it said general commodities. Commissioner Miller asked - the staff position is temporary and permanent will be that there shouldn't be a grant of authority for structures 14 ft. wide or parcel transportation? It wouldn't make any difference whether this is temporary or permanent, staff recommendation is the same? -2- From staff point of view even when it comes back permanent, it will still be the staff recommendation that they not be granted 14 ft. wide or express transportation? Bob Horton said the staff would wait to see what develops in modified but at the present time, consensus is that concrete was the only commodity proved. Commissioner Nelson said he would grant authority on letter or support  (concrete and concrete products). Commissioner Miller said he was having difficulty seeing what the principle is we are supposed to use, or if there is a need for a Commission decision for an underlying decision.  It appears the applicant, based on this system of commodity definitions, seems to have a core type of commodities with some that are incidental and the staff point of view is there has to be an immediate need for every category needed but perhaps applicant's point of view is that secondary.. it is not as important to have a full showing of need.  Said from his point of view, the issue is unclear. Tim Stivers said the problem is general commodities by an interpretation of the staff no longer after July 1 includes certain commodity groupings.  It doesn't include a distinction between knocked-down structures and a set-up or knock down.  So if you have a set of bleachers that is 100 feet long and 18 feet wide, if that is a structure that exceeds...to knock that structure down, requires a van.  That problem could be solved with a proper description.  Gave example. Said the LTL carriers - now their shipments are bar-coded and have zero % clearance.  Express shipments in 1972 were higher than LTL.  Would stop those and the difference was...higher cost.  Now the systems that move, the higher cost carrier is going to be the LTL carrier.  Now you have the truck load carriers and they can't haul it under general commodities because it is exclusive.  Concrete Placing, those are in case lots.  Those are no longer general commodities, they are express parcels.  They change the definitions constantly.  Said his clients want to know what these definitions are.  These definitions have faults in them and they are serious faults.  Have brought these up before and they have not been expressed.  If the Commission is going to exclude out general commodities, then he needs these other groupings. Second application he handled when the new rules came out was Puget Sound Truck Lines.  Under the description the -3- staff gave him, didn't seek armored carriers.  In order to perform the transportation services, Puget Sound moved those small buildings, it is the extra garage or tool shed. Commissioner Nelson asked why structure didn't mean structure on the road? Tim Stivers responded.  The wording before required special handling.  Commission staff has come out with their own groupings and said he had serious reservations with them. Commissioner Miller said that appears to be the underlying problem.  Probably need some authority on these applicants.  Rather than arguing, I would prefer to see the problem defined for us in a way where we can make a decision or report to the Commissioners that it has been worked out.   Tim Stivers said if you wait as long as he has been waiting on these definitions, have some in here for months.  Haven't got a definition so he can get a certificate.  If we wait for staff, are all applications going to be on hold? Commissioner Smith said that would not be what the Commission wants.  It is difficult when it comes to the Commissioners as applications with different interpretations to get decisions. Tim Stivers said using definitions that staff has given him, think that these clients, unless they are amended, think he can show they need the commodity description by simply transporting a "certain". Commissioner Nelson said he just got these this morning.  Would like them deferred for awhile. Commissioner Smith said that is another question.  Temporary needs immediately showing before they are granted temporary.  Groupings and permanents are a different question. On the temporary, if there has been an immediate need for that, the temporary should be issued. Tim Stivers said to remember that those are excluded because express is not included in any commodity description. Bob Horton said he may have in writing, he has not seen that.  Don't know how that is being interpreted.  If it is a concrete product, it is a concrete product.  Know what MonRoc ships.  They are going to be concrete beams.  Don't know how they are going to haul the small packages.   -4- It could be a violation of the safety regulations.  Think the different responses are why they are being thrown in at once. Commissioner Smith asked -  the dispute for temporary on Concrete Placing, is that staff believes the incidents would be covered under general commodities where you believe they appear under express? Tim Stivers said he thought they needed both. Commissioner Miller said his attitude is for temporary authority, given the uncertainty of the these categories, he would err on the side of granting authority as requested.  Don't want to be mistaken or because of uncertainty, restrict a firm from doing what it intends to do, when we get through ... can't see public harm.. until they get this ironed out, would grant temporary as requested. Agreed. Concrete Placing Company will get temporary authority as requested and before it comes back for permanent, staff, Mr. Stivers and applicant are to sit down and decide on what the rest means. Commissioner Miller said he would encourage a solution of this so Commissioners know what the rules are, the proposed definitions, so if we need to make a decision on policy, rule, or principal, what that is. Bob Horton said he was in the middle.  Thought Tim Stivers was going to try to get this handled. Tim Stivers said he was going to petition for declaratory ruling on the commodities.  Said one problem is staff is not of the same opinion. 3.  Mary Friddle's December 3, 1993 Decision Memorandum re:  Transportation Systems, Inc., Rocky Mountain Recycling, Inc., and Basque Station, Inc. Commissioner Smith asked if staff filed comments? Lori Mann said she asked Mary Friddle why staff didn't file comments?  Said staff files comments if the Commissioners want. Tim Stivers said he made a mistake on Transportation Systems, Inc.  Applicants, once they are granted authority, -5- file insurance.  Explained procedure.  Commission will issue, would like to make recommendation to the Commission that would cut that out.  Said if he only files $750,000 on insurance, he cannot haul higher insurance commodities.   Staff is working on definition for tow trucks.  Didn't have a problem if those operations weren't tow trucks.  Don't see how a salvage operation can transport a primary move.  What is tow truck operation?  Explained what the company is. Commissioner Nelson asked if these people have temporary authority? Tim Stivers said no. Commissioner Smith asked if fitness has to do with equipment the carrier has? Bob Horton said - equipment is very much a part of it and their intent. Commissioner Smith said if this guy doesn't have equipment to do structures, etc., they shouldn't have the authority. Bob Horton agreed. Tim Stivers spoke to Basque Station.  Would hope that the Commission would come up with a definition on tow trucks, so the general commodity and heavy hauling doesn't have to get tow truck.  They don't want it, they don't need it. Commissioner Miller said in order to get the authority you want, they have to have it. Commissioner Nelson said he would move we grant permanent authority for these applicants that are not in controversy and deal with the other parts when Mary Friddle gets back and if necessary we would grant further authority. Commissioner Smith said - would grant them the requested authority.  Staff has problem coming in after the fact.  In the meantime, should get this fixed.  If they don't file $5,000,000 in insurance they can't haul those commodities requiring it. Commissioner Miller said he could do either one.  Need to get these people in business but also need to get this resolved so it doesn't take meeting time to decide this. Tim Stivers said any authority application of someone who has practice with regulatory authority, will have these problems.   -6- Commissioner Miller said he meant to ask on the tow truck overlap, if we grant this just to get it done until we can get a generalized solution, does that create a whole buuch more to do that for?  How many more applications are in the pipeline where there may be this overlap? Bob Horton said he didn't know how many are in the pipeline.  When the new rules came out in July, now they ask for general commodities and everything else on the list.  We are finding that the applicants themselves don't know why they are getting that.  It has been long overdue to raise these questions. Commissioner Nelson said - don't want to hold a hearing here today. Commissioner Miller asked Commissioner Nelson if he would mind approving them the way they requested? Commissioner Nelson said he did.  Thought they could do everything with the authority that is not contested.   Don Howell said the tow truck rules are not going to be in effect until April.  If you are asking for authority based on proposed rules, those don't close until December 27. Commissioner Nelson said - so he thought we could fix those. Don Howell's comments were to tow trucks. He would recommend that for those people who don't want tow truck or don't need it, don't give it to them.  If it is too inclusive, need to narrow that down. Commissioner Nelson said for Transportation System, Inc., - quoted authority. For Rocky Mountain, would give them permanent authority for general commodities, express parcel, but wouldn't grant structures. For Basque Station, would give him authority for general commodities, express parcel and whatever he said he could do with a leased toter.  Would give authority for that. Bob Horton said tow truck and mobile home moves are very different.  Has tow truck.  Give him that authority. Tim Stivers said Basque is located in Jordan Valley and he wants to move everything. -7- Commissioner Smith said she thought all of the confusion has arisen because Commission is trying to be more specific on definition of authority.  Since we have caused the confusion, would grant everything requested so they can be in the business they want to be in without any technical hang-up by our redefinition of old categories. Tim Stivers said the ICC grants a lot of authorities.  To interpret the authority they charge $2700.  To grant general commodities nationwide, costs $300.  This defining gets into hard litigation.  If a new product comes up, is being excluded from transporting something he had before, something very important to these people. Commissioner Miller said when we are part of the problem of uncertainty within an industry and when we are asked to decide questions based on understanding of facts, think the tie goes to the applicant and he would grant the authorities as requested but emphasize that he didn't view that as precedential or the right decision for all future cases but as a way to get these matters resolved without causing harm to any applicants but again to encourage that we get this tied up to get an answer agreeable to everyone. Commissioner Smith said it may take a hearing. 4.  Mary Friddle's December 3, 1993 Decision Memorandum re:  Automotive Concepts, Inc., dba Triple-A-Towing. Commissioner Miller said it seemed okay to him.  The sale is ready to close. Okayed. 5.  Train Speeds in Shoshone - Case No. UP-RR-93-2 - Don Howell. Matter held until 1:30 p.m., December 8, 1993. In attendance at this time in addition to the three Commissioners, were Lynn Anderson, Stephanie Miller, Treva Pline, Syd Lansing, Eileen Benner and Myrna Walters. Items 6 thru 11 on the December 6, 1993 Agenda were approved as submitted.  (They are listed by number on the attached agenda). 12.  Birdelle Brown's November 12, 1993 Decision Memorandum re:  U S West Advice 93-11-N to Revise Digital Switched Services Tariff. Commissioner Smith asked if this was part of the radio common carrier flap? -8- Commissioners then approved Item 12. 13. Birdelle Brown's December 3, 1993 Decision Memorandum re:  Transfer of Certificate and Cutover of Silver City Telephone Service to Oregon-Idaho Utilities, scheduled for December 31, 1993 - Case Nos. ORE-T-92-1 and USW-S-92-2. Decision was:  let them go ahead - no other option. 14. Joe Cusick's November 30, 1993 Decision Memorandum re:  GTE Advice No. 93-20.  Changes in Billing and Collection Service. Approved. 15. Lynn Anderson's December 3, 1993 Decision Memorandum re:  Wilder-Parma EAS Petition (Part of GNR-T-93-11). Discussed the 30-day implementation. Commissioner Smith asked - isn't the sale supposed to be final the end of the year and until then you wouldn't know who to deal with? Haven't had hearing. Commissioner Nelson asked - aren't most of the customers disadvantaged by granting EAS?  Aren't only a few making toll calls? Lynn Anderson replied the distance is so short, they often drive instead of calling. Commissioner Nelson said he was not against it, just has questions.  Isn't this unusual? Commissioner Smith asked if that was a vote to have a hearing? Lori Mann suggested a public hearing. Commissioner Miller asked Lynn Anderson about his second suggestion?  Asked about just solving the 10 mile route (a rate reduction). Lynn Anderson said he liked that option but it has two problems.  Probably would have difficulty handling 3 rates in that range.  They would already by doing 2. Commissioner Miller said he thought that was a better solution. -9- Commissioner Smith said we have hope that Citizens may in April have a case for all rates. Commissioner Miller said this is a unique route. Commissioner Nelson said it would be nice to say that is what we would like to do and put it out for response.  Give them 30 days to respond (Citizens). Commissioner Smith said if we want them to respond, make it part of their April proposal. Eileen Benner said Citizens is working on this.  Their response has been we don't think the facilities are okay and we can't give you a time to get them fixed.  If the discount is enough you stimulate what EAS would.  Could be back to that problem.  Think Citizens will work on it. Think an order saying - have Citizens address it with the April implementation is the way to go. **Will do an order. 16. Lori Mann's November 30, 1993 Decision Memorandum re:  Petitions for Reconsideration in Case No. GNR-T-92-4 - Moscow-Troy EAS Petition. Commissioners did not see any reasons to reconsider. Reconsideration denied. 17. Lori Mann's December 2, 1993 Decision Memorandum re:  U S West's Request for Extension; Case No. GNR-T-92-8. Granted. 18. Lori Mann's December 3, 1993 Decision Memorandum re:  U S West Tariff Advice for Radio Common Carriers - Case No. USW-S-93-6. Commissioner Smith asked - do we have any basis for not accepting a price list filing? Lori Mann said no.  Got no comments on the tariff advice. Commissioner Miller said - but the basic idea is the addition of some type of usage charging for one that has been flat rate. Jim Long said they are getting digital.  They also were not being billed for usage.. -10- **Walt Sorg of GTE was in attendance at this time. Commissioner Nelson said if they had correctly estimated their usage, it would have been close to this. Commissioner Miller said with this new format, RCCs are treated more like interexchange carriers. Jim Long said that was his understanding also. Approved - accepted for filing.  **Will be done by order. 19. Lori Mann's December 3, 1993 Decision Memorandum re:  Termination of Idaho Power's Good Cents Program; Case No. IPC-E-89-16. Commissioner Nelson said he thought the "Rivers" Group had a pretty good point. Commissioner Miller said he didn't mind approving the end of the program and whether or not we discuss it in the order that approved it earlier, we need to - and the company needs to focus on what our conservation approach or statutorily what their service territory is going to be because certainly by eliminating this program we are not saying that the company should not ramp down from a conservation commitment but we are saying Good Cents was a good transitional tool, should transition to something else.  Should clarify what something else is. Lori Mann asked - do you want them to work with the Northwest Power Planning Council? **Brad Purdy and Terri Carlock were in attendance at this time. Commissioner Miller said he didn't know if the Council wants to establish policy or if there is some sense that we shouldn't be doing that, or we haven't done it well, or what? Commissioner Smith said she liked the staff suggestion that company advise us of specific details of future efforts.  That would give them an opportunity to talk to the Council, to commissioners, to staff, and get their ideas.  Think there are a number of things the company could be doing.  We are not against conservation, we are just ready to go to the next stage.  A number of good suggestions were made and they may want to follow up on those. -11- 20. Syd Lansing's December 2, 1993 Decision Memorandum re:  Potlatch Telephone (Owned by TDS TELECOMM) Depreciation Change Regarding Two Obsolete Switches at Kendrick and Juliaetta, Idaho. Letter from Syd looked okay. 21. Brad Purdy's November 17, 1993 Decision Memorandum re:  Case No. IPC-E-93-8, Ruling on Proposed Negotiated Settlement Between Parties (PCA Rate Adjustment Case). Commissioner Miller said he didn't see a need to dig into the details, so he was assuming staff is basically satisfied and the level of support here is good enough so that we don't need to be overly concerned? Brad Purdy said the biggest issue in this thing was the additional sharing Idaho Power factored into the process.  That was an issue in the PCA case.  Seemed to him sharing worked more to the detriment of ICIP people and they didn't respond. Keith Hessing said it was more FMC.  The details of truing up and additional sharing wasn't very well understood in the initial order.  We are happy with the settlement and they are too. Approved. 22. Brad Purdy's December 1, 1993 Decision Memorandum re:  Case No. IPC-E-93-24, Idaho Power's Application for Authority to Offset the Gain from the Sale of the Hailey Turbine against the Revenue Requirement Increase Caused by Changes in Federal Tax Rates. Commissioner Nelson asked if it was staff's position that we are changing rates?   Stephanie Miller said yes.   Commissioner Nelson asked - it is retroactive ratemaking whether rates change or no? Stephanie Miller said yes.  Explained why. Commissioner Miller said he was pretty comfortable with staff position to allow offset after final order.  Had always thought for ratemaking purposes that when we set rates, we assume taxes are in effect incurred throughout the year or period which rates are set, and don't pick out a date... and make computation back from that.  Seemed it was consistent with how we treat taxes.. -12- Stephanie Miller said the accrual of the expenses as opposed to the liability. Commissioner Miller said - ratemaking purposes is not exactly the same. Brad Purdy said - would have to assume the way Idaho Power accounted for it, they did accrue for 1993 in 1993. Commissioner Nelson said he had a problem with saying Congress can approve retroactive taxes but we have no ability to respond, even if it is true. Commissioner Smith said she was already on record regarding single item adjustments.  If we are going to have a rate case, lets look at all expenses.  Staff suggests that... do not need to be explored.  Why?  Looked back at reducing rates, discovered that Idaho Power showed that the savings were more than offset by cogen expenses.  Is it the same in this case?  Are we not looking because they go the other way?     (2)  Don't think they have a tax liability until they are due.  Company is entitled to the same treatment.  It is not a liability until it is due.  If you want to do it, think you should do it all or if you want to say we are waiting for a rate case, that is okay. Commissioner Miller commented Commissioner Smith was going both ways. Commissioner Nelson reiterated Commissioner Miller's decision. Commissioner Miller said we do have safeguard in conjunction with FASB case.  We are getting too many of these single item adjustments outside of a general rate case, but thought the division that results from the staff approach is theoretically comfortable and comes out to the result that is about right. Commissioner Smith said in her view it is not retroactive.  This is not an expense like fuel that had to be paid for last March.  This is something that is coming up that they are going to have to pay. Commissioner Nelson explained the accounting.  Said while they can still make tax decisions, those taxes are just a percentage of income and are fixed.  His thinking right now is that before August 6 it is retroactive but for the taxes incurred, question is what happened between August 6 and the date of our order, is that retroactive? -13- **Woody Richards was in attendance at this time. Commissioner Miller asked - you are thinking anything before August 6 would be retroactive? Commissioner Nelson said yes.  Staff point of view is anything before final order would be retroactive. Commissioner Smith's point of view is that none of it is. Brad Purdy said the third point in time was when they filed their application. Commissioner Nelson said he would go with giving requested relief from September 30. Commissioner Miller asked Brad Purdy from a legal standpoint, what about September 30 days as opposed to order date? Brad Purdy said he would be more comfortable with the date of the final order. Commissioner Smith said never mind that no rates change - this is a game that ratepayers will see in the future. Stephanie Miller said - it will be rolled into rates set in the next rate case.  Explained why.  It would never be amortized. Commissioner Miller said he would suggest that the matter be held at this time. Agreed. 23. Scott Woodbury's December 1, 1993 Decision Memorandum re:  GNR-G-93-2 Energy Policy Act of 1992 - Integrated Resource Planning. Page 16 - adopt it and hold workshop. Commissioner Miller said each adoption precedes workshop.  Standards pretty well set out statement of policy.  Would like to make that policy declaration and workshop to talk about implementation and details. Commissioner Nelson said their proposal was to take care of implementation.   Question 2 - Do we want to proceed with rules? Commissioner Smith said rules should be part of the workshops. -14- Commissioner Miller said whatever rules we make would make sense when we adopt other policy statements. Scott Woodbury asked if it was the Commission's intent to adopt policy statements as they proposed and the proposed modifications to be subject of the workshops? Commissioner Smith asked if there were others than "externalities"?  Like in WWP's proposal. Commissioner Miller said he thought all the other things were those that could be refined in the context of the workshop. Scott Woodbury said IGC would like more formal acceptance.  Asked if that was something that is more appropriate for rulemaking? Commissioner Miller said he thought proper time to take that up is when one has filed and if any company wanted a higher level of acceptance from the Commission, they could ask for it then.  If Commission thought through this evidence and arrived at a way of doing business so if someone has a different idea, he would consider it.  Don't want to make a 90 degree turn now. Scott Woodbury said with respect to procedures to be followed, does Commission want staff to contact companies and make it informal? Commissioner Smith said she thought it should start informally.  Then could start formal case. Don Howell commented - we have done it two different ways. **Start informally. Commissioner Smith said she thought it was to the company's benefit to comply with environmental concerns. Scott Woodbury asked if Commissioners want to speak to pressure balances? **Think we advise the utilities of the problem. Scott Woodbury asked Mike McGrath from IGC about pressure balancing? Mike McGrath responded - there is no problem. Dave Schunke said the Code does deal with venting.  This is addressed.  It is not an issue that is new. -15- Commissioner Smith said she thought it was a little out of place here. 24. Scott Woodbury's December 1, 1993 Decision Memorandum re:  Case No. GNR-G-93-3 Energy Policy Act of 1993  Conservation & Demand Management (GAS). Policy Statement. Commissioner Smith said she had one suggestion. Commissioner Miller said he liked the proposed language. Commissioner Smith said it didn't include "lost income" in the title (Page 8). Page 9 - Counsels against a general policy which guarantees recovery under all circumstances. Commissioner Miller said he came away after looking at all the proposed changes, that it is a pretty good statement of policy.  Statement as it is proposed is probably as good as it would be.   **Insert Commissioner Smith's language. Commissioner Nelson moved adoption. Commissioner Smith asked about performance being replaced with effort. Commissioner Miller said by making change, might be changing commotion.  Liked it as is. Staff recommendation:  need revenue rather than income. Commissioner Miller said he thought income for policy statement was adequate.  That would leave it open. Leave it as income. On Page 9 - Scott Woodbury said - would not adopt as proposed; would not reject. Commissioner Miller said he thought all those things were things that we will consider if we implement these programs.  They are the background for the policy statement but don't think we need to make changes to policy statement.   Scott Woodbury said the only other matter, when Order No. 25218 went out, Commission said - the investment -16- in conservation and demand-side management by gas LDCs will not adversely affect small businesses "engaged in the design, sale, supply, installation or servicing of energy conservation, energy efficiency, or other demand-side management measure". Want to continue to say that? Commissioners said yes. 25. Beverly Barker's December 2, 1993 Decision Memorandum re:  Boise Water Conservation Plan. Decision was to do it separately. 26. Beverly Barker's December 2, 1993 Decision Memorandum re:  Hayden Pines Water Company Tariff Advice No. 93-1  Case No. HPN-W-93-21. Commissioner Miller said he thought when you installed a meter, if you didn't take any water, what bill date would you get?  Minimum?  Say you request service to be installed; they do the work and for some reason you don't start using water for a couple of months, then it sits there. Commissioner Nelson said he was wondering if it is a 6 month delay, is there a disadvantage for not getting a return on their investment? **They get a commercial fee. Woody Richards said while there are some costs recovered, they are not all recovered.  Builder may use some water. Beverly Barker said the way the company was doing it is they put locks on meters.  It is now possible for builders to water.  In her mind, they have changed their operation in such a way to allow people to use water where there was no offer before.  Suspect they can't get out there right away. Bud changed his practices before this filing.  In practice, people do not want to pay for what they are not using. Commissioner Nelson said you can't hook up a house to the meter.  If they ask for service, they have to have come to point where some construction has been done.  The installation of that meter can be a matter of "when it is convenient to do it". -17- Bev Barker said she thought what we have is the time lag between when builder asks for service and when Hayden Pines gets out there, what they are doing is asking for service line, meter, etc to be installed much further in advance before they need it. Commissioner Miller asked Dave Schunke what the standard procedure was? Dave Schunke said it came up before as vacant lot charge.  From standard practice, think it is normal if you are not taking service, you are not being charged. Bev Barker explained.  When you request service is when it kicks in. Commissioner Nelson asked what Boise Water does? Dave Schunke explained. Commissioner Miller asked if this just came in as a tariff advice?  Is there accompanying justification? Bev Barker said there was no supporting information. Woody Richards said the company met with Randy Lobb. Commissioner Nelson suggested suspending it for 30 days. Commissioner Miller said he would allow the company two weeks or so to file document explaining the justification and then allow staff two weeks to file. Commissioner Nelson said if the company is allowed to start charging when it is hooked up, what about disconnects? Asked if this proposed tariff was current policy? Woody Richards responded he didn't know current policy. Commissioner Miller said deny it for now and if company wants to pursue it, they can refile. Commissioner Smith said she thought there should be public notice and opportunity comment.  Before we consider comments from staff, need information as to why company thinks it is a good idea.  However, you want company to get its side on the store before the Commission also.   **Do notice of modified procedure. -18- Commissioner Miller said if any amounts have been collected, make them subject to refund. Commissioners unanimously approved Items 27, 28, 29 from the December 6, 1993 Agenda attached hereto. Meeting adjourned to reconvene on Wednesday, December 8, 1993. December 8, 1993 - in attendance were Commissioners Marsha Smith, Joe Miller and Ralph Nelson and staff members Don Howell and Myrna Walters. First item of discussion was Item 31 from the December 6, 1993 Agenda. 31. Lynn Anderson's December 7, 1993 Decision Memorandum re:  GTE's Local Calling Plan Tariff Advice No. 93-18 in Compliance with Order Nos. 24877 and 25203; Case Nos. GTE-T-90-1, GTE-T-92-2, GTE-T-92-3 and GTE-T-92-4. Approved. 5.  Train Speeds in Shoshone - UP-RR-993-2 - Held again at this time. 30. Motion to Reschedule Hearing in Case No. USW-S-93-3, filed by CPI Inc. Commissioner Nelson said the only problem is how much U S West is being disadvantaged until they have their due process.  Asked about undisputed amount. Don Howell said part of the problem is every month that goes by the dollar amount is never fixed. Commissioner Smith asked how much is undisputed? Commissioner Nelson explained the undisputed amount.  Although it is undisputed it is not fixed.  Thought that amount was less than $10,000.  Didn't think that amount would prejudice U S West. Agreed. Commissioner Miller said he would support any statements saying this is the last continuance - this is a firm date. Commissioner Miller asked about a date. -19- Don Howell said January 7 was the first date, then Tuesday, the 11th or Wednesday the 12th.  Decided on Tuesday, January 11, 1994. Was brief discussion on Item 22 - IPC-E-93-24, Idaho Power's Application for Authority to Offset the Gain form the Sale of the Hailey Turbine against the Revenue Requirement Increase Caused by Changes in Federal Tax Rates - but decision was to be rescheduled for the next decision meeting. Commissioner Miller said - could look at more briefing on retroactive ratemaking issue.  Had thought staff's analysis was acceptable.  Even though there are reasons to not have single issue cases, you should never say never.  Don't want to say you can never do single issue cases.  Looked at IGC Supreme Court decision and think this is the type of thing where single issue cases are okay and thought the circumstances of this case were unique enough because you have an extraordinary retirement that gives rise to one accounting even as opposed to a general change in operating income or expenses.  So that makes this unique enough so it wouldn't create a precedent.  Would look at more briefing on retroactive. Commissioner Smith said every week there is some different account that will adjust revenue requirement or rates.  No rates are changing here.  So how you can say it is retroactive, beats her, because we are always developing these accounts that will affect rates.  Someone has to show her where the rate change is to make this retroactive. Commissioner Miller said the creation of deferrals is always done ahead.  We never look backwards. Meeting adjourned.   Dated at Boise, ID, this 30th day of December, 1993. Myrna J. Walters Commission Secretary mjw 0184M