19940907_2.docx

Minutes of Decision Meeting
September 7, 1994 - 1:30 p.m.
In attendance at this meeting were:  Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Don Howell, Weldon Stutzman, Tonya Clark, Birdelle Brown, Syd Lansing, Gary Richardson, Bev Barker, Stephanie Miller. Eileen Benner and Myrna Walters.  Also in attendance were Jim Wozniak and John Souba of U S West and Mike Carpenter of Intermountain Gas Company.
Items from the September 7, 1994 Regular and Supplemental Agenda were discussed as follows.
1.  Don Howell's August 24, 1994 Decision Memorandum re:  Calculation of the revenue sharing amount for the 1993 sharing year, Case No. USW-S-94-2 (held from September 2, 1994 Decision Meeting) and Don Howell's Supplemental Decision Memorandum dated September 2, 1994, re:  Calculation of the Revenue Sharing Amount for the 1993 Sharing Year, Case No. USW-S-94-2.
Commissioner Smith said their was confusion about numbers at the conclusion of the 9-2-94 Decision Meeting and thus it was back on the agenda today.  Asked if when you are talking about these newly-discovered rural business lines, are they less than 5 lines?
Don Howell said yes.  Said there are multiple companies, does the Commission approve of the accounting.
Said the one issue that this supplemental memo asks is - do you want to provide these newly-discovered lines with the credits had they been discovered two years ago (explained the amount)  $28.80 back credit.  It was staff's recommendation that we pay back those credits.  Go back the two years on a onetime thing.
Commissioner Nelson said they were intended to be covered.
Commissioner Miller said to explain this finding.
Commissioner Smith commented - think they are entitled to it and they should get it.
Don Howell asked about the rural credit.
Commissioner Miller said he thought it was fine.  Commissioner Nelson agreed.
Also agreed to the cost overruns in 1992.
2.  Weldon Stutzman's August 26, 1994 Decision Memorandum re:  Tucker v. Idaho Power Company-Complaint to change Tucker's vested interest in line extension from five years to ten years; Case No. IPC-E-94-12.  Held from 09-01-94 Decision Meeting.
Commissioner Miller said even though it will be hard to explain to the Tuckers, they can't have what somebody else got because of a technicality.  Any other result would open the tariff to everyone.  It would be quite difficult to say to the third person, no.  And the policy behind the retroactive ratemaking rule, even though it cuts against customers in this case is really on the whole for the benefit of the customers.  So you have to uphold the rule.
Commissioner Nelson said it would be difficult to change this contract after the fact.  Without a doubt, there are differences in the two situations.  Don't know how we would have handled it had it come in before the contract was signed.  It is not the same situation.
Commissioner Miller said in the Davis case the approval of the settlement was much different from retroactive ratemaking.
Commissioner Smith said when they signed the contract they knew the deal and it was in compliance with the tariff.  The fact that someone else didn't sign and decided to litigate and they got a settlement, is the difference.
Commissioner Miller said he had to vote to dismiss the complaint.
Commissioners Smith and Nelson agreed.
Complaint will be dismissed.
3.  Birdelle Brown's September 2, 1994 Decision Memorandum re:  Citizens Advice ID-94-03 to revise carrier common line rates per Order No. 25651, Case No. CTC-T-94-1 effective September 1, 1994.
Commissioner Nelson recommended approved.  Said it was consistent with the order.
Commissioner Miller asked Birdelle Brown if she happened to know what the Federal or interstate price was for CCL?
Birdelle did not have that figure.
Advice ID-94-03 was approved.
4.  Birdelle Brown's September 2, 1994 Decision Memorandum re:  Citizens Advice ID-94-05 to remove zone and touchtone charges in digital exchanges per Order No. 25651, Case No. CTC-T-94-1.
Approved.
5.  Weldon Stutzman's September 6, 1994 Decision Memorandum re:  In the Case of INT-G-94-4, Application of Intermountain Gas Company for Approval of Gas Service Agreement Between Intermountain Gas Company and Amalgamated Sugar Company.
Commissioner Miller asked if there was time for a comment period before October 1?
Weldon Stutzman said the modified was going to go out with 14 day comment period.
Approved the procedure.
Meeting Adjourned.
Dated at Boise, Idaho, this 9th day of September, 1994.
Myrna J. Walters
Commission Secretary
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