19940525_3.docx

MINUTES OF DECISION MEETING
May 25, 1994 - 1:30 p.m.
In attendance at this time were Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Gary Richardson, Joe Cusick, Tonya Clark, Birdelle Brown, Don Oliason, Jack Taylor and Myrna Walters.
Items from the May 25, 1994 Agenda were discussed and acted upon as follows.
1.  Weldon Stutzman's May 17, 1994 Decision Memorandum re:  Case No. GNR-M-94-1  Petition of Leo's Custom Farming for Declaratory Ruling Regarding the Regulation of Transportation of Farm Products--Request for Reconsideration.
Commissioner Smith said she thought that the letters should be counted as petitions for reconsideration and then they should be denied on the basis that there isn't anything different than there was before.  Don't know if we can add anything.
Commissioner Miller brought up Bob Horton's memo or clarification.
**Was decided to do the clarification on farmers carrying their own animal waste.
**Will set that out in the order denying rehearing.
2.  Regulated Carrier division Agenda dated May 25, 1994.
Approved all three items on the agenda.
3.  Joe Cusick's May 18, 1994 Decision Memorandum re:  Case No. USW-S-94-5  Amendment to U S West's Certificate of Public Convenience and Necessity.
After brief discussion, commissioners approved staff recommendation.
4.  Joe Cusick's May 18, 1994 Decision Memorandum re:  U S West Advice No. 94-06-N  Addition of Dual Name Listing Service for North Idaho.
Approved.
5.  Beverly Barker's May 21, 1994 Decision Memorandum re:  Valley View Subdivision, Inc.
and 6.  Beverly Barker's May 23, 1994 Decision Memorandum re:  Earl Reamy Water System.
Both items were discussed concurrently.
Valley View was a petition with lots of amendments and Reamy is one informal complaint.
Commissioner Smith said she thought in both circumstances she would rather some informal investigation proceed before we open a formal case.  
Wondered if Earl Reamy's system could even meet the test of being a public utility.
Commissioner Miller said he thought all commissioners agreed on Reamy something as a prelude to formal case and summons is preferred at this point.
Said he thought the same could be done for Valley View but the number of petitioners should be considered.  If we don't want to open a formal case, they do need to know some action is going to take place.
Commissioner Smith asked what to do with Reamy?  Instruct staff to get more information?  
Bev Barker said Mr. Reamy is very agreeable.
Commissioner Smith said she thought there were some aspects of an investigation to consider - (1) whatever you can do to help him find a solution on the legal end and (2) whether this could qualify as a public utility.  
**Randy Lobb and Lori Mann were in attendance at this time.
Commissioner Smith continued - there might be arguments that it is not a public utility.
Jack Taylor interjected - said Mr. Reamy sent in two contracts he has with customers.  Explained what the contracts say.
Bev Barker said in his particular case, if Commission was willing to work with him and tell customers what results of regulation would be or sale, thought that may take care of this.  But on Valley View it is a little bit different.
Commissioner Smith said lets have staff to whatever they can to help Mr. Reamy with his customer problems and tell them what would be required if he was a public utility.  Then report back in a reasonable timeframe.  Let the person who complained know that we are looking into it.
5.  Beverly Barker's May 23, 1994 Decision Memorandum re:  Valley View Subdivision, Inc.
Jack Taylor said they are a four-person company.  Up until 1976 that corporation signed 20-year contracts with those people.  This is about 2 miles east of Kamiah.  It almost requires going there and looking at his books.  Don't think we can ask him enough questions.
Commissioner Miller asked if he would submit to an audit?
Jack Taylor said he thought so.
Was discussion on doing a summons in this case.  
Commissioner Smith asked if it should be an investigation rather than a complaint and summons?
Commissioner Nelson agreed that opening an investigation would be the way to go.  Commissioner Miller agreed.
7.  Jim Long's May 23, 1994 Decision Memorandum re:  U S West Communications Tariff Advice No. 94-05-N which requests the removal of all references to mobile service.
Approved.
Meeting adjourned at 1:50 p.m.
Dated at Boise, Idaho, this 1st day of June, 1994.
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COMMISSION SECRETARY
052594.min