19941013_2.docx

MINUTES OF DECISION MEETING
OCTOBER 13, 1994 - 1:00 P.M.
In attendance at the October 13, 1994 Decision Meeting were Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Scott Woodbury, Mary Friddle, Bev Barker, Joe Cusick, Syd Lansing, Terri Carlock, Gary Richardson, Stephanie Miller, Lori Mann and Myrna Walters.
Also in attendance were Pat Stewart and Jim Wozniak of U S West.  
Items from the October 13, 1994 Decision Meeting Agenda were discussed and acted upon as follows.
1.  Regulated Carrier Division Agenda dated October 13, 1994.
Granted authority.
2.  Jim Long's October 6, 1994 Decision Memorandum re:  Removal of Ringer from Incoming Calls on a Public Pay Telephone Located in a City Park at Post Falls, Idaho.
Jim Long said he thought the request was reasonable.
Commissioner Smith went over staff recommendation.  said it needs to ring back for emergencies.
Jim Long said emergency agencies how the number.  
Commissioner Nelson expressed concern that if someone calls their parents there won't be a number to call back.   Thought the gang members issue was a separate one.  Asked Jim Long if he saw the phone?
Jim Long said he did.  He also talked to the police department.  They say they can't patrol it on a continuing basis.  Said gang members are intimidating people.  Talked about what to do in case of an emergency.
Commissioner Nelson said this area is isolated enough you may need a call back.  This is the only phone in the area.
Jim commented it is right at the edge of town.  Jim said his concern was that if is a full functioning phone, they will ask GTE to remove it from the park entirely.  Thought this solution was a better alternative than no phone at all.
Commissioner Miller said he thought there was no real good answer and generally if there is a phone there it should be fully-functioning but can see the law enforcement concern.  Guess he thought that Jim Long's solution was a good second best.
Commissioner smith said she thought it was more a sense of cooperating with local law enforcement people.  If you knew of instances where the number is needed, you could switch it back.  Initially her thought was it was a good idea.
Commissioner Nelson asked if there was any signage on the phone saying it has no number?
Jim's memo had said that was his recommendation.
Decision was to try it and see if we get any complaints.
3.  Jim Long's October 6, 1994 Decision Memorandum re:  Remove Incoming Ring from a Public Pay Telephone Located at Jennifer Junior High School in Lewiston, Idaho.
Commissioner Nelson asked what the problem was with this?
Jim Long explained.  Asked the Assistant Principal what his concern was.  gave example of call backs tying up the phone for other students.
Commissioner Nelson asked if they couldn't limit incoming?
Jim Long said they can't put limiter on incoming.
After brief discussion, commissioners deferred to Jim's judgement.
4.  Upper Valley Communications, Inc.'s Motion to Suspend Hearing in Case No. GNR-T-94-1l and subsequently-filed Responses.
Commissioner Smith explained the dispute.  Said it is currently scheduled for hearing October 27.  On October 6 Upper Valley filed Motion to Suspend the Hearing and have it no later than April 30, 1995.  Thought staff and U S West did a good job of outlining the delays.  Every day of delay is money to the respondent and no money to the petitioner and the USF.
(Commissioner Miller is the Case Chairman).
Commissioner Miller said you have to balance the right of a party to come prepared to come to a timely resolution.  Ordinarily have made concessions for accommodations to the respondent.  Had thought maybe a reasonable balance is staff's alternative suggestion of moving it to November 10 which is a day we have open.  If there is any legitimacy to the Upper Valley concerns, did provide adequate time to overcome those problems.  Would prefer the November 10 date rather than stretch it out a long period of time, even if we require them to pay out of the access fund and post bond.  All those are additionally commensurate.  Seemed to him that moving it to the 10th would be fair to everybody.
Commissioner Nelson said he would do that.
Commissioner Smith said that would work if we had assurances that it will be a one day hearing.  Said she would even go so far as to require the buying out of access, subject to refund.  It is unfair to the petitioners that if we rule in their favor to continue to go at the wrong rate.  If we get the hearing and get it done, Commissioners could rule from the bench.  If it is going to take a couple more months to decide it, think they should be asked to pay subject to refund.
Commissioner Miller said he would do that after a hearing.  Don't want to do that if the hearing can be the 10th.  Will move the filing dates, also.
**Order should be strong about this is the last time it will be changed.
4A.  Eileen Benner's October 12, 1994 Decision Memorandum re:  USW Tariff Advice No. 94-07N; Filed 10/11/94 To Be Effective 11/01-94.  Caller ID and Class Services in Northern Idaho.
Commissioner Nelson asked how the Commission would treat this differently from what GTE offered to their customers up there?  Seemed like there was very little information give to their customers before it was put in.
Birdelle Brown explained the GTE filing.
Jim Wozniak of U S West said U S West will have supplemental ads if that would be helpful, the same basic information as that in Southern Idaho.  Will also contact law enforcement agencies and shelter homes in that area.
Commissioner Smith said there was a problem in Idaho Falls that got to her.  
Commissioner Miller asked staff how long a suspension would be needed?
Commissioner Nelson said considering our prior hearings and problem of your number going over the wire if you don't want it to, and lack of information in Lewiston and tell us the numbers are going to come out November 1 no matter what, it seems like the company has failed to do any education up there.  Newspaper advertising in the next 30 days takes us to two weeks after its implementation.
Commissioner Miller said he wouldn't recommend what needs to be done in advance and didn't know about suspension, but there should at least be blocking available.
Commissioner Smith said the education necessary for customers to    
know what blocking is and they need to know that Caller ID is available in the area.  It wouldn't make sense to suspend the offering and provide blocking because in order to understand that they need blocking, they need to know about Caller ID, if it is going to reach the people before November, it should go out now.
Commissioner Miller said he thought there would be two different kinds of people.  For those people that need it now, they should get it.
Commissioner Nelson it seemed to him there was education with this in Boise but there was minimal effort in Southwest Idaho.
Commissioner Smith said the big issue is the company is still regulated.
Birdelle Brown asked if per line blocking is available in Lewiston in the meantime?
Commissioner Smith said she would rather see a radio blitz before it is available.  Commented there is just one switch for Lewiston and Clarkston.
Gary Richardson suggested an individual mailing.
Commissioner Miller said the problem with a media blitz is whether the information would mostly be promotional and market-based, but whether it will be useful to the customers, don't know.
Jim Wozniak said the next newspaper opportunity is October 26 and can look into a direct mailing to the customers.
Birdelle Brown asked what the product information was?
Pat Stewart of U S West said the newspaper article that is set to go out on the 26th was compiled after is was submitted in Washington and it does have a clause on blocking and most-frequently asked questions and has an 800 number and a coupon at the bottom of the ad for customers who want to call the company to initiate line blocking.
Commissioner Nelson asked about blocking in Washington?
Will the treatment be consistent with what we do in Idaho?
Pat Stewart said there is a pricing difference.  It does not have a monthly rate, it has a one time charge.  Explained the charge.
Commissioner Nelson said he wondered how useful it would be to the customers.
Commissioner Miller said he thought it would be good to be consistent.
Bev Barker said there are differences between what GTE has and what US West is offering.
Commissioner Miller said he thought this needed to be suspended so there is adequate time to work through these things.
Commissioner Nelson said he was mad about being held hostage by U S West Marketing Department.
Commissioner Miller said if we suspend the problem is the service will still be in the switches.
Bev Barker said it wouldn't become Caller ID without bringing it up.  Looks like they could do a line block.
Pat Stewart said the company is willing to match the pricing scheme that Washington has.  It would mean that the charging for the line blocking would be a one time only charge and would be charged only after the subsequent installation.  Customers would not be concerned about signing up for it by a certain date to get it free the first time.  Found that has caused customer confusion and some people to order it just because it is free without investigating it.  Would rather do that than the 90 day free sign-up period at the beginning.  That would also make the ad for Washington customer in the Lewiston Tribune being in synched with the Lewiston exchange.
Commissioner Nelson said he didn't think the Commission has enough information to act on this.
Pat Stewart said the offering could be the same in Idaho and Washington.
Commissioner Smith said her question was would suspending cause confusion in the offering or not?
Commissioner Miller said you would have to have a substantial customer notice and do it the same as in Washington.
Bev Barker said she would like to know why Washington wasn't consistent with GTE and U S West?
Commissioner Nelson suggested requiring staff and the company to work on customer notification until the staff is satisfied there is adequate customer notification.  Defer to the staff on that.
Commissioner Smith said the notification is what worries here.  Being pushed into this box is what irritates her.  Customers need to know before November 1 what the service is, etc.  If we can be satisfied on how the Commission is going to get to them to do something before then, then she would be satisfied.
Commissioner Miller said - and rolled out on Washington terms
would be a good deal.
Pat Stewart said there is one rate in Idaho that is lower than in Washington.  That is the only difference.  If we adopt all Washington terms want the call trace to be the same.  
Tariff will be refiled by the company.  Staff will work with the company on notification.
5.  Terri Carlock's October 11, 1994 Decision Memorandum re:  Boise Water Corporation's Request to Borrow up to $20 Million in Idaho Water Resource Development Revenue Bonds, Case No. BOI-W-94-1.
Terri Carlock explained the filing.
Commissioner Miller said he only had one question.  Had a conversation with someone who claimed that the issuance cost of anything that comes out of Water Resources, he claimed are unconstrained and are much higher than others.
Terri Carlock explained the fees.  They weren't so high that she thought the overall cost was higher than they could borrow.
Commissioner Nelson said it is cheaper money than other sources.
Okayed the application.
Commissioner Miller said he didn't mind if Terri Carlock mentioned it rather than putting something in the order.
**Will get the detailed report.
6.  Terri Carlock's October 11, 1994 Decision Memorandum re:  Idaho Power Company's Request for Authority to Issue and Sell up to 1,500,000 Shares of Common Stock Pursuant to the Employee Savings Plan, Case No. IPC-E-94-19.
Approved the filing.
7.  Scott Woodbury's October 5, 1994 Decision Memorandum re:  Case No. WWP-E-94-6  Vaagen Bros. v. Water Power.
Scott Woodbury said Owen Orndorff has asked for oral argument.  By October 21, have to decide what to do.  Scott will pick a date for oral argument.
Meeting adjourned.
Dated at Boise, Idaho, this 24th day of October, 1994.
101394 Minutes - signature page.
Myrna J. Walters
Commission Secretary
101394.min