19940803_1.docx

MINUTES OF DECISION MEETING
August 3, 1994 - 1:30 p.m.
In attendance at this time were Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson.  Also in attendance were staff members Don Howell, Scott woodbury, Weldon Stutzman, Lori Mann, Mary Friddle, Don Oliason, Madonna Faunce, Gary Richardson, Randy Lobb, Stephanie Miller, Bev Barker and Myrna Walters.  Also in attendance was Tim Stivers, Transportation Consultant.
Items from the August 3, 1994 Decision Meeting Agenda were discussed and acted upon as herein recorded.
1.  Don Howell's August 1, 1994 Supplemental Decision Memorandum
re:  Ponderay Grade Crossing.  (Original Decision Memorandum was held from July 7, 1994 Decision Meeting).
Commissioner Nelson said if we put this out on modified we should say we viewed both crossings.
Commissioner Smith said she thought the City deserved an opportunity to further explain.  If IDT has seen this Warranty Deed, City should have opportunity to either confirm that it has been transferred or what it will do to elaborate on the material facilities that dictate that it should be open.  Don't know what the material changes are.  They are entitled to tell us what they mean by that.
Don Howell reviewed what the Commission required originally.
Commissioner Miller asked if there was a further procedure we could use to let the City further comment?
Don Howell suggested issuing an order asking the City for more information, or could issue a proposed order and say if there are issues you object to, state them.
Commissioner Nelson suggested modified procedure to see what the City sends us.
Don Howell asked how the timing should be?
Commissioner Smith suggested providing the City with everything we have.
**Will be done.
2.  Regulated Carrier Division Agenda dated August 3, 1994.
Approved.
3.  Weldon Stutzman's July 29, 1994 Decision Memorandum re:  Petition by IMTA for Postponement of Effective Date of Rule 26.
Commissioner Miller said he wasn't sure what the difference was between Option 4 and starting a rulemaking.
Weldon Stutzman explained.  Can initiate an inquiry without publishing rule.
Commissioner Smith questioned shortening the timelines.  Said this is not like the first chance.
Commissioner Miller said sometimes it is better to make a decision and stick with it.  At least we appear to be stable.  This would lead him to say we have been through this.  We gave every process, came to a decision, if it is wrong, there are legislative remedies.  That would be his first approach.  Whether federal legislation or state legislation, would be enough to cause him to change direction ....
Commissioner Nelson said his first inclination was - there is no question we went through a lengthy process to get where we are now.  We told those folks last spring.  Then they just said we will change it by legislative fiat.  Maybe at some point this does have to legislatively handled.  If we back off, we would get into the same state of uncertainty.  Said his inclination was the decision is made.
If we suspend it there is no reason to do anything legislatively.
Commissioner Miller said he wondered which would cause more problem - have to do it and then unwind, or there are people getting prepared and tell them it is now a waste, that is unfair. There may be some burden to the industry that would change later, we can't know that.   
Commissioner Smith said she didn't know what the right answer was.  Her concern is last year with the two trucks, that if this happens this year, our image is impaired.  What it sounds like when you stand up in front of the committee is, we know what it is going to cost, but we did it any how.  Think that is going to be the face over there.
Commissioner Miller said maybe the best course on this issue is to say there is a legislative policy decision to be made here.  We thought it was important for the issue to get to the legislature rather than get into the argument we got into last year.
Commissioner Nelson said if we delayed it until April 1, it would be up to Sudmeyer's group.  Guess he was not very high on initiating another proceeding to get right up to the deadline.
Commissioner Smith said even when the industry went out they found out they couldn't do it.
Commissioner Miller said we could never do anything if we got these kinds of letters.
Tim Stivers commented - the whole proposal... former commissioners were going to propose this legislation.  They were going to economically deregulate the motor carrier industry.  Said he was still filing for quite a number of shippers and carriers.  Don't see this having a major effect any way the commission does it.  Thought commission should propose legislation to deregulate if the commission wants deregulation.
Commissioner Nelson said if we are in general agreement that we are not going to open another proceeding, we can wait.
**Decision was to hold this matter until the next decision meeting.
4.  Belinda Anderson's July 21, 1994 Decision Memorandum re:  GTE's Tariff No. 94-09 filed July 19, 1994 to Expand its Offering of Ancillary Services to Other Telecommunications Providers to be effective August 16, 1994.
Approved.
5.  Don Oliason's July 21, 1994 Decision Memorandum re:  Proposed Agreement between Idaho Power Company and Ada County Highway District (ACHD).
Okayed.
6.  Beverly Barker's July 27, 1994 Decision Memorandum re:  Petition from Hayden Pines' Customers.
Commissioner Smith commented these people are entitled to their investigation.
Decision was to open a new complaint case and do a summons.
Meeting adjourned.
Dated at Boise, Idaho, this 17th day of August, 1994.
Myrna J. Walters
Commission Secretary
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