19941024_1.docx

MINUTES OF DECISION MEETING
October 24, 1994 - 1:30 p.m.
In attendance at this time were:  Commissioners Marsha H. Smith, Joe Miller and Ralph Nelson and staff members Tonya Clark, Gary Richardson, Lori Mann, Stephanie Miller, Bev Barker, Birdelle Brown, Treva Pline, Jim Long, Terri Carlock, Rose Schulte, Don Oliason, Carol Cooper, Lynn Anderson, Joe Cusick, Myrna Walters and Belinda Anderson.  Also in attendance was Aloa Stevens of CTC and Woody Richards, Attorney at Law.
Items from the october 24, 1994 Decision Meeting were discussed and acted upon as follows.
Commissioner Smith announced that Item 8 - Scott Woodbury’s October 21, 1994 Decision Memorandum re:  Case No. IPC-E-92-31  Petitions for Reconsideration - is a fully submitted matter and will be deliberated at another time.
1.  Regulated Carrier Division Agenda dated October 24, 1994.
Approved.
2.  Don Howell’s October 21, 1994 Decision Memorandum re:  UP’s Ponderay Grade Crossing, Case No. UP-RR-94-2.
Commissioners decided to grant the request to withdraw the application and make no further comments.
3.  Jim Long’s October 13, 1994 Decision Memorandum re:  Disconnection of Ring on Incoming Calls from a Coin Telephone Located in a Halfway House.
Commissioner Smith asked Jim Long if the recommendation was acceptable to the Halfway House?
Jim replied that it was acceptable for a starting point.  It has already granted in one case.  Talked to them about not asking for 800 or 10 xxx blocking.  See what happens.
Decision was to allow them to remove incoming ring and not put a number plate on the phone.
**Go with staff recommendation.
4.  Jim Long’s October 20, 1994 Decision Memorandum re:  GTE Tariff Advice No. 94-12  Introduces Centranet Services in the Rathdrum Exchange.
Okayed.
5.  Birdelle Brown’s October 20, 1994 Decision Memorandum re:  Citizens Telephone Company Advice ID-94-04 to Replace Existing Tariff with Citizens’ Tariff Effective October 31, 1994.
Approved.
6.  Beverly Barker's October 20, 1994 Decision Memorandum re:  Master-Metering & Submetering of R.V. Parks.
Commissioner Smith asked where we go from here?
Commissioner Nelson asked if the 3 month date takes care of it?
Person from AEI Systems attending decision meeting responded.  Said parks are open year-round.  Reported 4 out of 52 are all winter.
Commissioner Nelson asked if this was common?
Response was it could be 6 months.
Commissioner Smith said if we want to change the rules, will have to have a hearing.
Commissioner Nelson said he thought this was controversial enough to have hearing.  Asked Bev Barker what we have done to this point.
Bev Barker explained.  Have met with company, have talked to both parties and have gotten many calls.
Commissioner Nelson said it seemed like it would be pretty tough to submeter for a temporary.  You would be doing a lot of account changing.
Commissioner Miller said it looked like the only way the Commission can deal with this is for the Commission to see a revised rule that he presumed staff will do and put it out for comment and people can propose an alternative.  Then we would have something to work with.
Commissioner Smith asked if staff wants a change in the rule?
Bev Barker explained.
Commissioner Miller said the right approach would be to revise the rule to include RV parks.  Then you can deliberate and decide.  Need the appropriate process.
Commissioner Smith said according to Bev Barker's memo the rule doesn't distinguish between the two types of parks.
Person from AEI Systems responded - there is a big distance between those two types.
Commissioner Nelson said the technology has changed where we have to take another look at the rule and make it apply to today.
Commissioner Smith said that is why she asked if staff liked the rule as is.
Commissioner Miller said staff could propose a rule specific to their interpretation.
Commissioner Smith said - propose a change or clarification or whatever it is and set it up to have a hearing.
Person from AEI Systems responded - have to have one standard, not two - have some metering and some submetering.
Commissioner Smith asked about the timing?
Bev Barker replied - will get something out informally.  Haven't had a proposed language change that people can look at.  It has been more general.
Commissioner Smith asked what Bev's thoughts were on formal versus informal.  Said to take a shot at language and then decide whether to go formal or informal and in the meantime, Don Howell and Tonya Clark can look at what doable with legislature and APA.  Asked to hear back from staff.
7.  Bev Barker's October 21, 1994 Decision Memorandum re:  utah Power and Light Advice Letter No. 94-U5.
Commissioner Nelson said he would like to give this some publicity.  Asked what percentage of the budget this was?
Stephanie Miller said that is why the Commission has asked to have this set out separately on the bill.
Commissioners asked to make sure this franchise tax is clearly marked as a city tax.
Commissioner Nelson said he wanted this held until he got some more information.  
After brief discussion, Commissioner Nelson said he would approve it but still wants the information.  Asked staff to take the 6% franchise fee and get information as to how much of the city's revenue it will amount to.
Other Commissioners approved the filing.
9.  Lori Mann's October 19, 1994 Decision Memorandum re:  Jack Lasance Complaint against Hayden Pines Water Company; Case No. HPN-W-94-1.
Commissioner Smith said she guessed that Don Oliason was proposing that if the Commission takes staff recommendation, Commission won't have to do anything more at this time.  Should we keep the case open or close it and ask them to refile if this is not satisfactory?
Need some process to get the information to Mr. Lasance.
Suggestion was made to ask for comments on staff report and proposed action and what the company is committed to do.
Commissioner Nelson suggested sending it to Mr. Lasance asking him to comment.
Commissioner Miller said whether formal or informal, give him the study results, saying if you agree we will dismiss the case.
Lori Mann will figure out what works best.
10. Lori Mann's October 20, 1994 Decision Memorandum re:  Parma-Wilder EAS; Case No. CTC-T-94-1.
Commissioner Smith said she thought Choice 5 in the decision memo - Calling Plan like GTE was good.
Aloa Stevens of CTC suggested the company was not adverse to coming up with calling plans.  Thought customer may be confused at this time.  Thought it might be wise to wait to offer calling plan choices.
With Choice 3, Commission could never to anything else.
Commissioner Smith suggested doing nothing until calling plan is developed.
Commissioner Miller said he hated to keep deferring but on the other hand, there is no clear answer.  You can't say it is unanimous.  It may be good to give it some time.
Aloa Stevens said she did think the customers needed to hear from the company again.  Could say, based on responses, are investigating other options.  Make it a separate mailing.  Set up a date for a supplemental filing or leave it open for a supplemental filing.
Discussed a date.
CTC is collecting their own data now.
Commissioner Smith said if the date is too far out we may have to go back on the agenda for November 7.  
Matter will be put back on the November 7 agenda after date is established for supplemental filing.
11. Lori Mann's October 21, 1994 Decision Memorandum re:  USF Non-Compliance.
This is about 4 specific companies.  Should complaints be issued against them?
After brief discussion, was decided to do the complaints.
12. Letter from Idaho Universal Service Fund Administrator re:  Overall ISUF reporting requirements.
Commissioner Smith commented it behooves us to do something about those company who continually do not comply.
Commissioner Nelson asked - whatever we do, shouldn't we use our Assistant AGs rather than hiring an attorney?
Was comment that if Alyson hired the attorney, the Fund could pay.
Commissioner Miller said he thought Commission should try it.  Don't know, maybe the fund doesn't have to have an AG do it.
**Will check the statute.  Have attorney check this.  The independent attorney big might work best of all.
Commissioner Miller said he would like to delegate to Alyson Anderson, the decision making for the attorney and when to settle and when not.
Agreed.
13. Treva J. Pline and Terri Carlock's October 21, 1994 Decision Memorandum re:  Washington Water Power Company's Request for
Authority to Issue and Sell up to 1,000,000 Shares of Common Stock Pursuant to the Investment and Employee Stock Ownership Plan WWP-S-94-1.
Approved.
14. Treva J. Pline and Terri Carlock's October 24, 1994 Decision Memorandum re:  South County Water Company's Request for Authority to Borrow Funds and Issue Securities Pursuant to a Loan Agreement with First Interstate Bank of Idaho in an Amount not to Exceed $600,000; Case No. SCW-W-94-2.
Approved.
Extra Item - Terri Carlock asked the Commissioners about here memo regarding PAC-S-94-2.  Asked if Commissioners agreed a letter was sufficient in this matter to change the 5-year no-call provision to 10-year.
Commissioners agreed.
Letter from Staff will be sent.
15. Lori Mann's October 20, 1994 Decision Memorandum re:  Murray Water Works; Case No. MUR-W-94-1.
Commissioner Nelson said he was dissenting because the rates in this case give Murray a 10% return on equity.  If we give Boise water 11 1/4 and South County 11 3/4, doesn't make sense that Murray only get 10%.
Commission is approving what the company requested.
Bob Smith audited and recommended management fee to bring it up to the 10%.
Commissioner Nelson said it is a point of principal with him and he wants to make a point.
Meeting was adjourned.
Dated at Boise, Idaho, this 28th day of October, 1994.
Myrna J. Walters
Commission Secretary
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