19940822_1.docx

MINUTES OF DECISION MEETING
August 22, 1994 - 1:30 p.m.
In attendance at this time were:  Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Don Howell, Scott Woodbury, Tonya Clark, Gary Richardson, Mary Friddle, Rick Sterling, Randy Lobb, Birdelle Brown, Syd Lansing, Stephanie Miller and Myrna Walters.  Also in attendance was Mike Rich of Intermountain Gas Company.
Items from the August 22, 1994 Agenda were discussed and acted upon as follows.
1. Regulated Carrier Division Agenda dated August 22, 1994.
Commissioner Nelson said it looked fine to him.  Other two Commissioners concurred.
2.  Robert Horton’s August 18, 1994 Decision Memorandum re:  Rail Clearance Rule Waiver Request of Lewiston Grain Growers.
Decision:  Grant the waiver.
3.  Birdelle Brown's August 19, 1994 Decision Memorandum re:  GTE Advice 94-11,
Effective September 9, 1994 to remove package requirements for “VIP ALERT”.
Commissioner Miller said it looked fine to him.  Other two Commissioners concurred.
4.  Scott Woodbury’s August 19, 1994 Decision Memorandum re:  Case No. WWP-E-94-6  Vaagen Bros. Lumber, Inc. v. WWP.
Commissioner Nelson commented that it looked like the Commission was being asked if WWP would be allowed to have the required time to respond.
Commissioner Smith said Owen (Orndorff) seems to think we are going to rule on his motion for summary judgment.
Commissioner Miller asked what would be a reasonable amount of time to allow WWP to respond to the motion for summary judgment?
Scott Woodbury replied - until the end of the week.
Commissioner Nelson asked - isn’t there a normal time to answer a complaint, in our rules?
Scott Woodbury said it is generally 14 days and he wants to compress that.
Was discussion regarding the filing date.  
Commissioner Miller said if we got the responsive filing, we could tell what the issues really are and could possible do it without a hearing.
Commissioner Nelson said there is currently an existing agreement in effect.
Commissioner Smith asked if the memo came separate from the summary judgement motion?
After discussion, was decided that the filed date was the 16th.
**Decision was to give the company until August 30.  **Put it on the agenda for September 1.
5.  Scott Woodbury’s August 19, 1994 Decision Memorandum re:  Case No. UPL-E-92-6  Rosebud v. Pacificorp dba UP&L .
Commissioner Smith commented - this is the case we haven’t had a hearing on.  They were told to negotiate.
**They offered to negotiate.
Commissioner Smith explained Commission said file to what the parties suggested.  Now they did that and it didn’t work.
Commissioner Nelson asked why this sat here for 18 months?
Scott Woodbury replied - there was some inaction because they thought the Idaho Power/Rosebud case would be dispositive on some of the issues and they didn’t want to create duplicate records.
Commissioner Miller asked if this would be a time for a prehearing conference of status conference, get them in here?
Commissioner Smith asked - or would it be time for a hearing?  What are we arguing about?
Scott Woodbury said they are asking the Commission to compare their compliance filings and determine whether or not the utility’s proposal was started with the established methodology.  Pacificorp says they are not finished negotiating yet.  Part of the negotiations were terms and terms of the contracts haven’t been addressed yet.
Commissioner Smith said they are still holding open the grandfathering issue which we haven’t heard.
Scott Woodbury commented - that hasn’t been resolved.
Commissioner Nelson asked - in Idaho Power, didn’t we wait 60 days from when the rates were proposed?  There has only been 30 days here since rates were proposed.
Scott Woodbury said perhaps we should set up another prehearing conference.
Commissioner Nelson asked - what should we do with this motion in front of us?
Commissioner Smith suggested having a hearing on the motion.
Scott Woodbury said - set the motion for discussion at the prehearing conference.
Commissioner Nelson asked if grandfathering is an issue?
Scott Woodbury said it shouldn’t be.  Where they started, with what rates, neither has agreed to grandfathering.
Commissioner Nelson said nobody has challenged grandfathering.
Scott Woodbury said Pacific is saying they didn’t stipulate to grandfathering rates.  They are not going to argue that at this prehearing conference.  
**Scott will contact the parties, check the calendar for an open date and do a notice.
Meeting was adjourned.
Dated at Boise, Idaho, this 24th day of August, 1994.
Myrna J. Walters
Commission Secretary
082294.min.