19940330_1.docx

MINUTES OF DECISION MEETING
March 30, 1994--1:30 p.m.
In attendance were Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson.  Also in attendance were Gary Richardson, Tonya Clark, Allan Killian, Don Oliason, Bev Barker, Birdelle Brown and Marge Maxwell and Myrna Walters.
Items from the March 30, 1994 Agenda were discussed and acted upon as follows.
1.  Regulated Carrier Division Decision Meeting Agenda dated March 30, 1994.
Okayed.
2. Mary Friddle's March 28, 1994 Decision Memorandum re:  William V. Lowry dba William V. Lowry & Sons.
Matter was discussed as follows.
Commissioner Nelson said we have never denied a permit because of the number of haulers in the area.  Assume that our position would be that we would want to get this guy legal.
Allan Killian said he has everything in now.
Commissioner Miller said the only trialable issue is whether his past history of illegal conduct shows he wouldn't abide by rules in the future.
Commissioner Nelson asked if he has had any of the problems that Gillingham has had?  Mentioned that he would also have a problem with holding the hearing in Boise.
Tonya clark asked if we have ever denied a request for hearing?
Commissioner Smith said she thought the only issue - is his past conduct enough to state that he will not be able to comply with our rules and is unfit to be law abiding.
Commissioner Miller said even if we had a hearing, we would probably use it to give him a lecture on complying and that would be it.  That is the usual course of events in these matters.
Commissioner Nelson asked if there had been any other allegations by anyone other than the protestant?
Allan Killian replied he didn't think so.
Commissioner Miller commented - so its just that he has been operating without a permit?
Commissioner Smith said she would suggest we give him a permit.
Commissioner Miller asked if there was anything else staff thought would justify a hearing?
Allan Killian said no - he had his safety review by the Feds, two years ago.  Is currently hauling interstate.
**No hearing will be held.  Permit will be granted.
3.  Jim Long's March 21, 1994 Decision Memorandum re:  
Advice 94-03 A Reduction in the ITAP Surcharge.
Approved.
4.  Jim Long's March 22, 1994 Decision Memorandum re:  Century Telephone of Idaho, INC., Advice 94-1  Requesting A Reduction in the ITAP Surcharge.
Approved.
5.  Birdelle Brown's March 28, 1994 Decision Memorandum re:  USW-S-94-1--Petition for Amendment No 23 to U S West's Certificate of Public Convenience and Necessity No. 255.
Approved staff recommendation.
6.  Birdelle Brown's March 28, 1994 Decision Memorandum re:  U S West Advice 94-02-S Adding a Dual Name Listings Option to Directory Listing Services.
Okayed.
7.  Birdelle Brown's March 29, 1994 Decision Memorandum re:  Century Telephone of Idaho, Inc. Advice 94-2 Clarifying Tariff Language of the Application of Service Ordering Charge.
Approved.
8.  Marge Maxwell's March 25, 1994 Decision Memorandum re:  Randy Frish's Request for Commission Formal Review of Alleged Inadequate Notice of Disconnection by PP&L.
Commissioner Miller said his attitude on this was that we always have to resist the temptation to decide these questions based on the complaint.  If it is within the jurisdiction of the Commission that a summons should be issued and not have us raise the defenses for them, and see where it stands after an answer is filed.  Said he would issue a summons and take it from there.
After brief discussion, decision was made to issue summons and complaint to the company.
9.  Beverly Barker's March 28, 1994 Decision Memorandum re:  Boise Water.
Okayed.
10. Weldon Stutzman's March 24, 1994 Decision Memorandum re:  Case No. PIC-W-94-1  Picabo Water System--Rate Case.
Commissioner Smith said she had comments on the order - thought it was incomprehendable.  Couldn't make revenue requirement come out to rates we were approving.
Commissioner Miller said he hadn't read the order yet.
Commissioner Smith gave her comments to Lori Mann.  Order needs more work before it is sent back to the Commissioners for signature.  Commissioners approved the rate.
Meeting was then adjourned.
Dated at Boise, Idaho, this 6th day of April, 1994.
Myrna J. Walters
Commission Secretary
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