19940224.docx

MINUTES OF DECISION MEETING - FEBRUARY 24, 1994
1:30 p.m.
In attendance at this time were Commissioners Marsha H. Smith and Ralph Nelson.  Commissioner Miller was out of the office on this date.  Also in attendance were Lori Mann, Weldon Stutzman, Mary Friddle, Myrna Walters and Stephanie Miller.
Items from the February 24, 1994 Agenda were discussed and acted on as set out below.
1.  Mary Friddle's February 22, 1994 Decision Memorandum re:  Metro Freight Systems, Inc.
Commissioner Smith reviewed the Metro Freight application.
Mary Friddle said she had talked to Tim Stivers, representative for Metro and he agrees with staff recommendation.
Temporary was granted for general commodities and express parcels.
2.  Mary Friddle's February 22, 1994 Decision Memorandum re:  Nor-Pac Enterprises, Inc.
Commissioner Smith said it looked like staff had concerns about the financial fitness of the applicant.
Commissioner Nelson said - lets discuss financial statement first.  Asked if the rules were permanent now?  Said while they don't have the 10%, they do have a positive net worth.  Wondered if Mrs. Meyer didn't have enough personal assets to overcome the requirement of the rule.  It is close enough, think we should be working with her to get her qualified.
Mary Friddle expressed some of her concerns.  Did find that they owe mileage taxes (back taxes).  Didn't find anything besides that.
Commissioner Nelson said he didn't know what the deal was with the mileage taxes, that is something for the Transportation Depatment to work out.  Asked if Cornerstone was the company that was hauling PCVs for Idaho Power Company?  Asked if we had any complaints on them?
Mary Friddle said Dan Vickers did do a safety inspection on them and they were okay.  
Commissioner Nelson said Mr. Barton talks about close violation of the law but didn't detail them.
**Randy Lobb, Terri Carlock and Gary Richardson were in attendance at this time.
Commissioner Nelson said they complied on the insurance rule.  Asked Mary Friddle what staff concerns were?
Mary Friddle said to see if any of the facts are true.  If they are only changing names to get out of liability and they don't meet rules in place at this time.  Also not paying mileage tax.
Commissioner Nelson said if we can fit their finaicial statement in some how, is having trouble seeing something to deny transfer.  It is not an application for new authority.
Weldon Stutzman said the rule requiring 10% isn't only requirement.
Commissioner Nelson said this appears to be a better financial statement then we usually get.  They do show equity of $43,000 from earnings.  Only real problem is current assets to liaiblities ratio.  Looks like they have taken all of the assets and liabilities of some other company such as Cornerstone and transfered them in.
Commissioner Smith asked - then whats the point in changing the name?
Commissioner Nelson said if they have assumed all liaiblities, that wouldn't get them out of bankruptcy.
**Decision was made to hold the item until the next decision meeting for staff to do some more investigatory work.
Commissioner Nelson said he thought you nee to have more specific conversations with Mrs. Meyer.  Need something to satisfy the rule (the 10% or 45 day working capital rule.
Mary Friddle will also check on the taxes.
3.  Mary Friddle's February 22, 1994 Decision Memorandum re:  William V. Lowry dba Wiliam V. Lowry & Sons.
Staff wants a hearing based on his previous activities.
Commissioner Nelson asked why we wouldn't be trying to get him legal?
Mary Friddle said - have been trying to get a tariff from him since December 16.
Commissioner Nelson spoke to the protests.  Think we would be trying to bring them uinder authority so they weren't operating illegally.  Asked if she has anyone representing her?  Asked if staff would still recommend a hearing if there was a tariff
filed?  If she still is operating illegally, we should do something.  This has been sitting here awhile.
Mary Friddle said it went out on modified first.
Commissioner Smith said she hated to disregard a protest and request for a hearing but it is true that the issue of whether there are adequate carriers was determined won't halt the approval of a grant of authority.  Their hauling cuts both ways.  If their inability to abide by the law is continuing, something is not right.  We should either tell them we will set it for hearing or hold it and tell them they have two weeks to get a tariff in.
Commissioner Nelson asked if we are ready to go to hearing?  Are we saying applicant has done everything they can to get a hearing?  If it is a choice of hearing or deny without hearing?  Staff didn't recommend an outright denial.  While we are waiting for Commissioner Miller, contact Mrs. Lowry.
4.  Lori Mann's February 18, 1994 Decision Memorandum re:  Petitions to Intervene in Boise Water's Rate Case - Case No. BOI-W-93-3.
Commissioner Nelson asked if the City of Boise has filed anything to withdraw?  Peter Richardson (who was in attendance at this time), said the City will be withdrawing and will let the Coalition represent the City.
Commissioner Smith said everyone who has petitioned to intervene has an interest and should be granted intervention.  For now everyone who wants in has an insterst and hsould be in the case.
Approved.
5.  Don Howell's February 22, 1994 Decision Memorandum re:  Idaho Power Company's petition for Declaratory Order (Leasing of Fiber Optical Cable) - Case No. IPC-E-93-31.
Commissioner Nelson said he would grant the petition.
Commissioner Smith said this is not the transmission of two-way interactive, so it is not a telecommunications service.
Commissioner Nelson said he would disregard U. S. West's observations.  
**Write the order strictly on the facts of this case.
Meeting was adjourned.
Dated at Boise, Idaho, this 2nd day of March, 1994.
Myrna J. Walters
Commission Secretary
022494 Mins