19940614_1.docx

MINUTES OF DECISION MEETING
June 14, 1994 - 1:30 - p.m.
In attendance were:  Commissioners Marsha H. Smith, Joe Miller, and Ralph Nelson.  Also in attendance were staff members Stephanie Miller, Terri Carlock, Marge Maxwell, Weldon Stutzman, Birdelle Brown, Brad Purdy, Lori Mann, Belinda Anderson and Myrna Walters.
Also in attendance were Jeanette Jackson of Idaho Power Company and Timothy Stivers, Transportation Consultant.
Commissioner Smith asked if anyone was present to speak to the Regulated Carrier items?
Weldon Stutzman said he was.
Items from the June 14, 1994 Agenda were discussed as follows.
1.  Mary Friddle’s June 6, 1994 Decision Memorandum re:  C.A.R.T., Inc.
Commissioner Smith asked - on this protest, when this person says air service, does he mean an air carrier?
Commissioner Nelson said he was talking about airline service.  Unless the Commission is ready to go down another road in granting authority, don’t see that a hearing will produce anything but a signed order granting authority.
Commissioner Smith said it sounded like the same thing happened here as happened to Caldwell Bus Company.  While she agrees with Mr. Capps on subsidies, it seems to be the state of the bus service to date.
Commissioner Nelson said he would move that authority for bus service for C.A.R.T., be granted.
Commissioner Smith suggested looking at the Caldwell Bus order for language.
2.  Mary Friddle's June 14, 1994 Decision Memorandum re:  Safety Ratings.
All Commissioners agreed it looked good.  
Approved staff recommendation.
As an extra item, Commissioner Nelson bought up the temporary authorities for fire fighters.  Said last year he stated he wouldn't sign off on temporaries unless they have a safety inspection.  Apparently nobody has picked up on that.  Said he missed that when he voted to grant the temporaries at the last decision meeting.  Wanted to bring up that we do have a rule that says to haul passengers you need to have a safety inspection.
Tim Stivers said he had two questions - thought to get a safety rating, they have to have prior operations.  and (2) thought transportation for government agencies was exempt.
Commissioner Smith said that was not her understanding, in fact we have encouraged the BLM to say they have to have authority from the PUC.  Asked Commissioner Nelson what he wanted to do?
Commissioner Nelson said he wanted them inspected.  Thought the carrier from Montana should have a safety inspection already.
Commissioner Smith asked Commissioner Nelson to get this back on the agenda for the June 22 Decision Meeting.
Will defer action on these three applications for temporary, until the 22nd.
3.  Brad Purdy's June 1, 1994 Decision Memorandum re:  Case No. GNR-W-92-1  Tamarack Village Homeowner's Association v. Richard Neer ET AL.
Commissioner Smith said she assumed the Commission would grant dismissal of the complaint.
All three commissioners agreed to the dismissal.
4.  Brad Purdy's June 1, 1994 Decision Memorandum re:  Case No. GNR-W--2-1  Larsen Farms v. Utah Power & Light.
Commissioners approved dismissal of case, but Commissioner Smith said she assumed the order would be revised to reflect the filing made by Conley Ward, in this case.
5.  Brad Purdy's June 2, 1994 Decision Memorandum re:  Case No. IPC-E-94-9  Idaho Power's Application for Approval of Special Contract for Micron Semiconductor.
After brief discussion, the contract was approved.
6.  Birdelle Brown's June 9, 1994 Decision Memorandum re:  GTE Caller ID Per-Line Unblocking.
Commissioners asked Birdelle Brown to follow the development of this.
7.  Birdelle Brown’s June 10, 1994 Decision Memorandum re:  Idaho Rural Exchange Carriers (IREC) Tariff Changes to the Use and Development of the PIU Factor.
Approved.
**Joe Cusick was in attendance at this time.
8.  Birdelle Brown’s June 10, 1994 Decision Memorandum re:  Oregon-Idaho Utilities Service to Silver City.
Commissioner Smith asked is there was anything for the commission to do now in light of what is happening?
Birdelle Brown said she had an update.  Has talked to the residents of Silver City on almost a daily basis lately.  As long as the line on the ground is working, they have service.
In attendance at this time were Keith Hessing, Scott Woodbury and Dave Schunke.
Commissioner Nelson said his only concern was 911 service.
Asked -  with this line across the road, what is available?
Birdelle Brown said - they now have four individual lines brought up.  They say within the week they will be able to provide more service until the cable is buried.  They are not tariffed to provide party line service.  They will file for that temporarily.  Don’t know how many they can bring in.  Never did tell her how many pair they laid.
Commissioner Nelson said it looked like we should continue to monitor.
Birdelle Brown said it still looks like its more than a month to get contractors on line to start construction.
Commissioner Miller commented the most we could probably do for now is keep up staff pressure but wouldn’t be adverse to pointing out the possibility of escalating regulatory response.  If in 30 days we got report from staff pointing out persistent or new problems, may have to cycle up our response.  Don’t know what we really can do to make anything better.  Its hard when we approve these certificate transfers, maybe we could build in some better assurances that the company will do what it says it will do.  Could have said we will give you your certificate when you have shown evidence that you have 911, etc.
Commissioner Nelson said - are capable of providing service.
Commissioner Miller said the lesson here is applicable to U S West transfers.  We should set out more definitive consequences, etc.  Should have done that in this case.  We didn’t though, so now authorize Birdelle and Marge to keep heat on these people as much as we can.  Ask for report in 30 days.  If it is not a good report, let them know we will do something bad.
**Pat Stewart of U S West was in attendance at this time.
**Dropped calls in Silver City have been taken care of.
9.  Scott Woodbury’s June 6, 1994 Decision Memorandum re:  Case No. PPL-E-94-3  Randy Frisch v. PP&L.      
Commissioner Nelson said he thought the 7-day notice was acceptable.
Said he didn’t see anything in Mr. Frisch’s response that would cause him to consider granting the complaint.
Commissioner Miller said his thought was that the notice of PPL does comply with our rules.  It was also his impression that it was worked out with staff.  Said it was his preference to decide the case by saying we don’t need to decide whether he has standing on anyother technical questions but for the purpose of this case, we say the notice does comply with our rules so he doesn’t have a claim for damages or anything else he asks.  Think we should conclude that the notice of adequate rather than on a technicality.  So, would say, without assuming he has standing, nonetheless, on the circumstances of the claim, the notice is adequate.
All three commissioners agreed that was fine.
Commissioner Smith said id wouldn’t hurt to remind him that we don’t have authority to award damages.  Also think part of his relief was getting reconnected and he has already been reconnected.
10.  Scott Woodbury - Case Nos. WWP-E-94-5, IPC-E-94-10, PPL-E-94-4/UPL-E-94-5  Discussion of Procedure for the Annual Adjustable Rate Calculation for Avoided Cost.
Scott said he just wanted to bring the filing to the Commissioners’ attention and remind them that last year we determined that this is just arithmetic recalculation and if it complies with methodology we have established, doesn’t need to go out on modified.  Staff cranks out additional schedules and runs them by the company and drafts proposed order.  Have already sent schedules to companies.  Will put proposed on the next agenda.
Commissioner Nelson asked how rates could go up 10% when coal costs decreased 26%?  Said when he read it it didn’t seem possible.
Scott Woodbury will inquire about that.
11.  Randy Lobb’s June 10, 1994 re:  Public Drinking Water Fee for McGuire Estates Water Company.   
Was brief discussion regarding the effective date.
Commissioners approved filing with the June 15, 1994 effective date as recommended by Randy Lobb.
12. Lori Mann's June 10, 1994 Decision Memorandum re:  Case No. USW-S-94-1  U S West Certificate Amendment.
Approved.
13. Terri Carlock's June 10, 1994 Decision Memorandum re:  Idaho Power Company's Request to Extend the Authority to Issue and Sell Stock Pursuant to the Shareholders Rights Agreement.
Approved.
14. Terri Carlock's June 10, 1994 Decision Memorandum re:  Washington Water Power Company's Request to Extend the Authority to Issue and Sell Stock Pursuant to the Shareholders Rights Agreement.
Commissioner Miller asked Terri Carlock if she had looked at these for "take over" provisions?
Terri Carlock said she had concerns about going past the initial 10 years.
Commissioner Miller asked if there were other concerns to be looked at?
Terri Carlock said they would have to make a filing with the Commission if something triggered.  Then it could be brought back to the Commission.
After discussion, application was approved.
15.  Terri Carlock's June 10, 1994 Decision Memorandum re:  Pacificorp's Request for Authority to Issue and Sell Not More than $150,000,000 of Debt and No Par Serial Preferred Stock.
Approved staff recommendation.
16. Belinda Anderson's June 9, 1994 Decision Memorandum re:  Proposed Amendments to the Telephone Customer Relations Rules Regarding Billing Disputes, Case No. 31.D-R-92-4.
Commissioner Miller asked if all we were doing here is sending the rules out for comment?
Commissioner Smith asked what comments we were going to get?
Belinda said she knew the comments from U S West would be favorable.
AT&T had concern with the 60 day window.
GTE said they can't comply because of their billing system.  Rest of them seem to be very positive about what has been done so far (In workshops).
Commissioner Nelson asked what kind of complaints we were getting on problems covered by Rule 5?
Belinda Anderson gave examples.
Commissioner Nelson said it looked like these were just word changes.  How do we change customer rights?  Thought it was going to cost about $4,000 to print these rules so he wanted to make sure there are significant changes to be made.
Eileen Benner said it takes intralata out of the issue for disconnection of services.
Commissioner Smith asked if that was a good idea for companies that have not yet chosen to be Title 62 companies?  
Commissioner Smith also questioned the wording on the last page - said to strike later and say after bill prior to that time.
Was discussion on the necessity for putting the rules out for comment.
Was decided to put them out for comment at this time.
Meeting adjourned at 2:30 p.m.
Dated at Boise, Idaho, this 22nd day of June, 1994.
Myrna J. Walters
Commission Secretary
061494.min