19940506_1.docx

Minutes of Decision Meeting
May 6, 1994 - 1:30 p.m.
In attendance at this time were:  Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson.  Also in attendance were Tonya Clark, Scott Woodbury, Weldon Stutzman, Keith Hessing, Lori Mann and Myrna Walters.
Items from the May 6, 1994 Agenda were discussed and acted upon as follows.
1.  Regulated Carrier Division Agenda dated May 6, 1994.
Approved staff recommendation.
2.  Don Howell's April 29, 1994 Decision Memorandum re:  Stipulation to Dismiss the Shoshone Train Speed Case  Case No. UP-RR-93.
Stipulation to Dismiss Case was approved.
3.  Tonya Clark's May 3, 1994 Decision Memorandum re:  Tow Truck Refunds.
Commissioner Nelson said he would refund on applications that have not been acted upon.
Tonya Clark spoke to that being part of the procrastination.  Those who waited and did not file timely, now get a refund.  
Commissioner Miller said he would give everybody a refund, from the time we started requiring tow truck operators to get authority.  At some point we started requiring tow trucks to be certificated.  Sympathize with paying us $150 with the condition that you are establishing a long-term regulatory relationship.  For those people that complied with the mandate, seemed to him that they have been treated unfairly.  Don't know if we are precluded from doing refunds.  Don't know if there is some other legal preclusion.  As a matter of policy, should give refunds to everybody that applied since the time we started aggressively requiring applications.  There has to be a practical aspect to it.  
Tonya Clark said it has been 5 years since we put them on notice.
Commissioner Miller said this does seem to be an unusual circumstance.  Wouldn't give them the annual registration.
Discussed how far to go back.  Discussed what had happened.  Don't know about the timing.
Commissioner Smith commented the regulated carrier account is the one that is a wash.  Don't care who gets refunds, but no refunds should be made until there is an appropriation.  Don't think it is fair to use current operating funds of the division.
If we want to say our policy is to give refunds, we should go to the legislature with a supplemental budget request for refunds.
Commissioner Miller asked Weldon if he looked into the supplemental appropriation issue.
Commissioner Smith commented it is much easier before the fact to get an answer.
Commissioner Miller said it does provide cover for us.
Commissioner Smith said what she thought we should do is get more information (how many tow truck applications there are - think there are 179 - etc.)
Tonya Clark said the ones who started this have had authority forever.
Commissioner Miller said we need more information - it would be helpful to see dates - when we started pushing regulation, etc.  The Commissioners could see what the quantity of the applications was.  Would have a better feel for when the cutoff line would be.
**Commissioners need more information.  Should propose supplemental appropriate issue to the legislature.
**Went from No. 3 to #13 since Mr. Tucker was in attendance at this time.  
13. Bev Barker's May 4, 1994 Decision Memorandum re:  Request from James & Gail Tucker for Extension of Time Period under Line Extension Rules for Idaho Power.
Commissioner Smith suggested it might be worthwhile to start an investigation into whether recreation property should be treated differently from other property.  If this is a question we are going to have frequently, maybe we should look at that.  Don't want to tell anyone to file a complaint against Idaho Power.  Don't want to use complaint process for these.  Maybe an investigation would be better.  Could do them case by case or look at a change.
Commissioner Nelson asked what the company has said?
Ric Gale from Idaho Power was present at this time.  Said the company just wants to know what the proper forum is.
Mr. Tucker commented that about half of the people in his area intend to be full time residents.  Not quite sure how definition might turn out in a case like this.
Commissioner Nelson said the dilemma is the different requirements county by county.
Mr. Tucker commented usually in the 5-year period that would fill in but not in rural areas.
Commissioner Nelson spoke to the situation a few years ago when inflation hit.  Thought maybe this should be broadened.
Mr. Tucker said the Lon Davis case was for a line that cost in excess of $15,000.  Maybe there could be a financial cut-off.  
Commissioner Smith suggested - could use this as a tool to open a Commission-initiated investigation of this provision of our line extension tariff.  Would anticipate a meeting.  Don't have to be that formal.
**Was decided to start with a meeting.  Also to keep it Idaho Power specific at this time.
4.  Lori Mann's April 22, 1994 Decision Memorandum re:  Eagle Water's Certificate Application; EAG-W-94-1.
Received a call from City of Eagle's attorney, they are concerned with the Eagle Water expansion.  They would like staff to investigate the fact that Eagle Water is out there representing that they can serve without knowing if they can.  She asked the City if they couldn't put a stop to these subdivisions?
Commissioner Nelson said he was going to suggest that this application was small enough to approve, but put the company on notice that the next time they come in we want a map, number of potential customers, etc.
Lori Mann said it is not a certificate amendment.
Commissioner Smith said they need to get in to the Commission, their legal description.  Need to get their certificate amended.  
Commissioner Miller said the Commission has been accommodating on this, but need to get a certificate amendment application from the company.
**Company will be advised of that.
5.  Motion for Extension of Time filed by Citizens Telecommunications Company of Idaho, in which to file a plan addressing operational issues outlined in Order No. 25219, Case Nos. GTE-T-93-2/CTC-T-93-1.
Commissioner Smith said she sat in on the company briefing.  The hold-up is the access charges issue.  They are not sure what the real numbers are.
Commissioner Miller said even though that is true, it is their problem, not ours.  We are getting off to a very bad start here.  We gave them favorable treatment coming into the state.  Am sympathetic to extensions when someone has to be in two places at once but here it is clear Citizens is a big company and they can do what they promised.  They are making this a lesser priority.  They were to file a week from Monday.  
Commissioner Nelson said he didn't object to it since it was only a two-week extension.
Commissioner Miller said he was sure dealing with GTE makes it hard.  We are usually very accommodating but, when people say they are going to do something, we expect they are going to do it.  Would like to vote against an order that extends the time.  Citizens needs to understand ... they are not going to have a regulatory affairs person in Idaho, if they are not going to be here, they should get the message that nonetheless, when we put something in an order, they have to keep it.
Two to one - two weeks extension is granted.  Commissioner Miller will do a dissent.  
**Order should note this will be the only extension granted.
6.  Lynn Anderson's April 26, 1994 Decision Memorandum re:  GTE Advice No. 94-03; Inclusion of Newport in Oldtown's "Community Calling" Flat Rate Area.
Approved.
7.  Scott Woodbury's May 2, 1994 Decision Memorandum re:  Case No. PPL-E-94-3  Randy Frisch vs. PP&L.
After a brief discussion, was decided to treat PP&L's Answer as a Motion to Dismiss.  Allow Frisch to respond.
Scott Woodbury said he spoke to Randy Frisch - he agrees with the way everything was expressed here.  His thoughts were that staff didn't stress about the timing on the past due notice.
**Order is to be issued allowing Mr. Frisch to respond to the Motion to Dismiss of the Company.
8.  Scott Woodbury's May 2, 19934 Decision Memorandum re:  Case Nos. WWP-E-93-10; IPC-E-93-28; PPL-E-93-5/UPL-E-93-7  IEPI Motion to Vacate Scheduling.
No objections were received - all parties agreed.  Grant motion.
9.  
Nos. WWP-E-94-2/WWP-G-94-2.  DSM Tariff Revisions.
Scott Woodbury reviewed the comments.  Said this will all be addressed later.  The Washington Commission approved the company's revisions already.
Commissioner Miller said he could go either way.
Commissioner Smith said she was leaning towards approval.  (1)
Bill Eastlake recommends approval and (2) PPL argued for consistency.  Will show we are for consistency and comity.
Commissioner Nelson said he would agree to that.  Think we should say (1) think we say DSM isn't the right vehicle for small changes in load growth and (2) we want to encourage them to continue to provide a meaningful and effective DSM program.
Commissioner Smith asked if there were any comments we wanted to endorse, recognize, etc.?  Any party we want to speak to?
Commissioner Miller said it would be nice to hear more from the Northwest Conservation Act Coalition.  They haven't gotten east of the Cascades.  Would like to hear more from them.
Commissioner Smith said - just note generally that the Commission was pleased with the number of comments provided and encourages all the commenting parties to participate in the future, especially the Northwest Coalition.
10. Bill Eastlake's May 3, 1994 Decision Memorandum re:  Pacificorp Tariff Advice; Letter No. 94-U2.
Commissioner Miller said he would approve it.
Commissioner Smith spoke to the effective date.
**Forego May 25 effective - cause shown.
11. Weldon Stutzman's May 3, 1994 Decision Memorandum re:  IPC-E-94-2--Idaho Power's Application for Authority to Institute a Pilot Program for Irrigation Customers in Eastern Idaho.
Discussed the late payment charge.
Commissioner Nelson said he thought we would avoid some problem if we decided upon a fixed charge and there probably wouldn't be much need to connect pumps after hours.
Commissioner Smith asked what the charge was now?
Bev Barker replied one free connection and disconnection.  More often than that, it is actual.  Most of the time they wouldn't charge anything.
Commissioner Smith said they are trying to get people to stay connected year-round.
Keith Hessing explained.
Commissioner Nelson said the advantage is the water is there if you need it.
Bev Barker spoke to the free move.
Commissioner Nelson said he thought fixed fee eliminated arguments.  Would go with the $60.00 - $30 during the day and $60 after hours.
Keith Hessing said that would be a disincentive but he hadn't crunched any numbers.
Ric Gale said the company would like to se a differential.
Commissioner Smith said she liked the $30 and $60.  It is a trial.
Okayed.
Also monitor out of season incidents, report that also.  If there is going to be this differential, get how many are done during hours and how many after hours.
Discussed seasonal advances and why.
Commissioner Nelson asked - would you leave them connected in November and December if they still owned in July?  Formally you would disconnect in October anyway, then they would have to pay by May.
Bev Barker spoke to what you buy right now.
Commissioner Smith asked what would happen if you paid all summer but you were late on one bill in the summer?
Bev Barker said September bill is the key on seasonal pay.
Commissioner Smith asked - if you paid July late, you don't have to pay a seasonal advance?  
Weldon Stutzman spoke to the company proposal.
Commissioner Smith suggested letting the company try it.
Weldon reviewed - go with company proposal for pilot.
12.  of Brad Purdy's May 4, 1994 Decision Memorandum re:  Case No. IPC-E-94-10  Procedure on Idaho Power's Application for Approval of Special Contract for Micron.
Commissioner Smith asked - should it go out on modified?
Brad Purdy responded - the company has to give 30 days notice on rate changes.
Commissioner Nelson said he would like staff analysis on this rate.  Don't have anything to go on here.
Brad Purdy said staff is prepared to do that.
Think it is a matter of good policy to put that out on modified.
Agreed.
Scott Woodbury asked the Commissioners about the wording change in a couple of the WWP DSM tariffs?
Commissioner said if staff approves of the changes, okay.
Meeting adjourned.
Dated at Boise, Idaho, this 16th day of May, 1994.
Myrna J. Walters
Commission Secretary
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