19940411_1.docx

Minutes of Decision Meeting
April 11, 1994--1:30 p.m.
In attendance at this meeting were Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson.  Also in attendance were staff members Don Howell, Weldon Stutzman, Scott Woodbury, Gary Richardson, Stephanie Miller, Syd Lansing, Jim Long, Belinda Anderson, Allan Killian, Birdelle Brown, Dave Schunke and Myrna Walters.  
Items from the April 11, 1994 Agenda were discussed and acted upon as follows.
1.  Regulated Carrier Division Agenda dated April 11, 1994.
   (Lehman Express Transportation, Inc. -- M-8066-1 - App. for temporary authority.
Approved.
2.  Weldon Stutzman's April 6, 1994 Decision Memorandum re:  Case No. GNR-M-94-1  (Leo's Custom Farming Petition for Declaratory Ruling).
Commissioner Miller asked if notice was published?
Weldon Stutzman responded - said there has been an effort to publish it and get copies to those affected.
Commissioner Nelson commented that he took the position that if this was called fertilizer instead of manure it wouldn't be exempt.  We are just regulating the safety and looking at the number of problems Vickers came up with on the inspections he made, was reluctant to deregulate.
Commissioner Smith asked - if a farmer is hauling his own manure, is he exempt?
Allan Killian responded - said he was.  Said that is not a problem.
Commissioner Miller said he agreed with Commissioner Nelson.  Said the statute speaks to crops.. doesn’t speak to by-products.  Exemption for by-products could have been done.  Looks like we have regulated this part of the industry for safety for many years.  So to decide that we weren’t going to regulate would be a large reversal of a long-established procedure?  Seemed to him there is no compelling reason to reverse that practice.  The only thing that might cut the other direction is if the equipment used for this hauling is the same as that used for clearly-defined exemption.  If nobody has claimed that so far, in general when ...we ought to err on the side of safety and the agency should err on exercising state jurisdiction not to the contrary... thought we should stick with our present interpretation and conclude it is not exempt.
Agreed to by all Commissioners.
3.  Jim Long’s April 5, 1994 Decision Memorandum re:  Gem State Utilities Corporation, Advice 94-1, Requesting a Reduction in the ITAP Surcharge.
Approved.
4.  Jim Long’s April 8, 1994 Decision Memorandum re:  Troy Telephone Company, Advice filed April 1 requesting an increase in the ITAP Surcharge and Tariff Language Change.
Approved.
5.  Jim Long’s April 8, 1994 Decision Memorandum re:  Potlatch Telephone Company, Advice filed April 1 requesting a reduction in the ITAP Surcharge and Tariff Language Change.
Approved.
6.  Belinda Anderson’s April 7, 1994 Decision Memorandum re:  Citizens Telecommunications Company of Idaho’s Intrastate Access Tariff to Adopt the former Contel of the West, Inc’s Idaho Intrastate Access Tariff.
Approved.
7.  Syd Lansing’s April 5, 1994 Decision Memorandum re:  Idaho Power Average Unit Cost.
Commissioner Nelson said he wondered if Syd had any response to his recommendation regarding separate invoices?
Syd Lansing said going forward it is a lot easier.  To go back would be onerous.
Commissioner Nelson said it looked like we could use some better information.  Just looked like they didn’t have all the information they could use.
After discussion it wa decided to approve the new costs and require the records recommended by staff.  Approve it now and recommend back-up.
Commissioner Miller asked - would the work required to do the further investigation outweigh the outcome?
Syd Lansing said - no - it would take one person several days to get this information gathered up, it is quite an undertaking.  If we start right now we would catch information for this season.
Commissioner Miller said he guessed it would be fine.
Okayed.
8.  Dave Schunke’s April 5, 1994 Decision Memorandum re:  Gas Pipeline Safety Program; Inspections.
Commissioner Nelson said it seemed to be working the way it is now.  Asked about Feds funding 50%?
Dave Schunke said 50% the first year and then it is a maybe.
**Terri Carlock and Randy Lobb were in attendance at this time.
Commissioners said they appreciated Mr. Overly’s interest in the program.
Commissioner Miller said the problem is even though the occurrences are infrequent, when they occur, they are bad.  Wonder whether a good inspection report would bring down that risk?
Discussed the states that have programs.
Commissioner Smith asked about Idaho’s number of lines could have decreased over the years?
Dave Schunke stated the reasons Intermountain Gas Company wanted Idaho to take the program on again.  
Question was asked - when we don’t have a program, do the Feds inspect the intrastate facilities?
Dave Schunke said they do the inspections but they are on 3-year cycle.
Reported on his call to WWP.  They seem indifferent.  
Commissioners said to respond to the Feds by noting that there haven’t been any major fatalities in our state and thank them for the interest.
Commissioner Miller asked about the meeting of state safety inspectors?  Suggested that perhaps Idaho should send someone to one of these conferences to get information.  We are  not acting on much information here.  Get a better feel for the program to help justify it to the Legislature.  Didn’t think we could make a good case before the Legislature at this time.
Commissioner Smith stated forty-seven states have their own intrastate programs.  
**A further prolonged study is needed.
9.  Scott Woodbury’s April 7, 1994 Decision Memorandum re:  Case No. IPC-E-94-3  Cancellation of MGC Firm Energy Sales Agreement (Replacement)  WWP Firm Energy Agreement.
Commissioners agreed modified procedure was the way to go.
10. Scott Woodbury’s April 8, 1994 Decision Memorandum re:  Case Nos. PPL-E-94-1, WWP-E-94-1   Petitions for Intervention:  IBEW; Northern Lights; Kootenai Electric and WWP/PPL Opposition to Intervention by Northern Lights and Kootenai Electric.
Scott Woodbury said he spoke to the attorneys for Kootenai and Northern Lights.
Commissioner Miller said he couldn’t believe they didn’t want to respond to the Opposition filed.
**Mike Kramer from Givens Pursley was in attendance at this time.  Said he wasn’t there to comment, just to take notes.
Scott woodbury said he would talk to Conley Ward.  Said company is still exercising its position.  If granted intervention, they would request that the present schedule be vacated and they would be willing to provide a more definitive statement next week.
Commissioner Nelson said while he thought both parties did a poor job of outlining their positions, can see where Northern Lights might have issues to be addressed, but not Kootenai Electric.
Commissioner Miller said he did think it was our history that we do let people in, let them look things over and get a feel for what they think its about, and we do, of course, have to be careful that the hearing process isn’t abused by procedures, others, nonetheless, the first obligation is to assure that anyone who is entitled to one gets a fair and full hearing so he was inclined to grant the petitions but would think some proceeding requiring a relatively early statement of what their issues are and what their positions are going to be would be in order.  Then we could make a better assessment of whether to stick to the hearing schedule.
Scott Woodbury said prefile is May 4.  
Commissioner Nelson said Northern Lights was aware of this sometime ago.
Scott Woodbury said the time constraints have been put on by the utilities.
Commissioner Miller said the Commission should not be bound by a schedule imposed upon it by staff or parties.
Commissioner Smith said it seemed to her we should continue our policy of liberal interventions but also require statements of interest.  So, would like to see those on the 20th.  It is not clear what Northern Lights wants to bring up.
Scott Woodbury said the utilities have asked if the interventions are granted, to call out strongly that the issues it would consider, are those under 61-328.
Commissioner Miller said at this point, without knowing anymore about it, think it would be premature for the commission t indicate what the issues are.
**Decision was to approve the interventions and ask for statements.
11. Scott Woodbury’s April 8, 1994 Decision Memorandum re:  Case No. WWP-E/G-94-2  Revision/Electric Tariffs for Implementation of Energy Efficiency Programs.
Commissioner Miller said he thought modified procedure would be appropriate in this case.  Think that would give a record or starting to speak to when you ramp up, etc.
Decision was:  twenty-one day comment period.
12. Terri Carlock’s April 8, 1994 Decision Memorandum re:  Pacificorp’s Request for Authority to Issue and Sell Not More than $150,000,000 of Purchase Units.
Commissioner Nelson asked who would be providing the commission?
Terri Carlock said she thought IRS would be reasoning on similar transactions.
Explained the benefits.
Was brief discussion of the Application.
Was approved.
Meeting adjourned.
Dated at Boise, Idaho, this 21st day of April, 1994.
Myrna J. Walters
Commission Secretary
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