19941122.docx

Minutes of Decision Meeting, November 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, Weldon Stutzman, Lori Mann, Joe Cusick, Tonya Clark, Syd Lansing, Randy Lobb, Marge Maxwell, Eileen Benner, Belinda Anderson, Stephanie Miller, Terri Carlock, Jack Taylor, Wayne Hart and Myrna Walters.  Also in attendance were Pat Stewart and Jim Wozniak of U. S. West and Walt Sorg of GTE.
Items from the November 23, 1994, published agenda were considered as follows.
1.  Bob Smith’s November 8, 1994 Decision Memorandum re:  Sunset Heights Water co. Case No. SNS-W-94-1  Cancellation of Certificate No. 276.
Decision was to go ahead and cancel the certificate - is not necessary to do modified procedure.
2.  Belinda Anderson’s November 10, 1994 Decision Memorandum re:  U S West (N) Tariff No. 94-10-N Filed on October 28, to be effective November 28, 1994 That Changes the Customer Acceptance Terms on Switched Access Service and Private Line Access Service.
Commissioner Nelson asked why a customer would want something they couldn’t use?
Belinda Anderson replied if they do cancel, they reorder.
Commissioner Nelson moved acceptance of the filing.
So approved by other commissioners.
3.  Don Oliason and Syd Lansing’s November 15, 1994 Decision Memorandum re:  Tariff Advice for Idaho Power’s Photovoltaic Pilot Program.  
Staff recommended that the new tariff be approved effective December 1, 1994.  Staff recommended that company be ordered to notify each customer six months before each fifth year renewal date.
Commissioner Nelson commented there were only 6 customers.
Don Howell will draft Minute Entry approving tariff.
4.  Weldon Stutzman’s November 17, 1994 Decision Memorandum re:  Case Nos. WWP-E-94-10 and WWP-G-94-5  Application of Washington Water Power for Approval of Revised Gas and Electric Tariffs for DSM Programs.
Commissioner Nelson asked why we don’t do the rate increases under modified also?
Syd Lansing replied - they are under a moratorium.  This is a rider to get around that.
Stephanie Miller said it is possible the other may go modified, just need more time.
Commissioner Smith said it may also go away.  Asked if they did the same thing in Washington?  Has it been acted upon?
Weldon had a proposed schedule - will check the commissioners’ calendars for dates.
5.  Wayne Hart’s November 18, 1994 Decision Memorandum re:  Complaint of Mr. & Mrs. Warren Case - Potlatch Telephone-GTE Service Area Boundary.
Commissioner Smith asked why Potlatch completed the line extension when the customer already had service?  
May have been a communication gap.
Wayne was asked if there were records?
He replied - they have not given staff any.
Decision was to send summons.
6.  Scott Woodbury's November 18, 1994 Decision Memorandum re:  Case No.IPC-E-92-31  Rosebud--Petition for Clarification.
Commissioner Smith said what they are not okay on is the excess which we didn't say what the price of should be.
Question is:  Who has a right to it?
Commissioner Smith asked why didn't the company didn't respond?
Scott Woodbury responded the company has sent a letter saying they will respond if necessary.
Decision was to tell the company to respond.  Use the 21 days from when the petition was filed.
7.  Terri Carlock's November 18, 1994 Decision Memorandum re:  Earl Reamy Water System Complaint.
Commissioner Nelson suggested sending a summary of staff audit to the customers.
Commissioner Smith asked that the commissioners receive a copy of the audit also.
8.  Marge Maxwell's November 18, 1994 Decision Memorandum re:  South County Public Drinking Water Fee Tariff.
Commissioner Nelson said it looked fine to him.  If he doesn't want to true it up for $120, he will come out eventually.
Approved staff recommendation - that the tariff and the removal of the sunset date be approved.  Commissioners concurred.
9.  Lynn Anderson's November 17, 1994 Decision Memorandum re:  GNR-T-93-13; Statewide EAS Investigation, Phase 1, Staff Report.
Commissioner Nelson commented it was a good report.  Think it should be put out for comment.
Commissioner Smith said the prior Commission order anticipated a workshop format.  Asked if staff thought a workshop would accomplish anything or should the report be sent out for written comments?
Lynn Anderson said he didn't think workshops would do any good.  Don't see a compromise coming out of the workshops.
Commissioner Miller suggested a comment period to get people's comments on the table.  Think people should have an opportunity to react to the report.
Commissioner Smith said she wanted to get comments also.  Don't know how commission can get out of hearings on current EAS petitions.
Eileen Benner said if you had a workshop to begin with, would give an opportunity to answer questions.  May speak a little easier at a workshop also.  Suggest one information workshop for exchange of information, prior to the time of filing comments.
Commissioner Smith suggested calling it something besides a workshop.  
**Notice is to be sent out establishing filing deadlines and set meeting.
Commissioner Miller said he wanted to avoid immediately jumping into workshops without commenting first.  Some might think staff report has been approved by Commissioners.  Don't want to create impression we have been through the process and this necessarily reflects the Commissioners' view.  People could get that impression.
Commissioner Smith said she thought we were guarding against that if we set that out in the notice.
**Could go out under Lynn Anderson's signature.
**Mary Hobson of U S West was in attendance at this time.
Commissioner Miller said to make it clear we haven't been through a formal process yet.
**Say it in the order.
10. Motions to Compel from Upper Valley and U S West - Case No. GNR-T-94-1.
Commissioner Miller said he started from the premise that no matter what the hearing date should not change.  It needs to get heard and resolved.  First option would be to schedule oral argument on all this stuff.  Schedule oral argument quickly.  Get it resolved and everybody get prepared for the hearing.  Didn't study all the disputed requests going both ways, in huge detail.  General conclusion was most of then were because party thought it wasn't important.
Other alternative would be say everybody answers everything but you don't have to go out and do special studies.  Don't have to do elaborate studies.  Say everybody answer everything by the time you get to hearing.  If someone has not, put parties at risk for  not answering.  If you get to hearing and conclude they have not answered, then that is a different matter.  Everybody answer everything or set it for hearing.  But either way, keep the hearing date.
Commissioner Smith said usually if people want an oral argument we let them.
Decision was there will be oral argument on all the motions, on Monday, November 28, 1994 at 3:00 p.m.
Lori Mann mentioned that the Commission has already said they have jurisdiction.
Decision was:  oral argument on Monday at 3:00 p.m.  If they are not available, will decide without oral argument.
11.  Lori Mann's November 18, 1994 Decision Memorandum re:  Amendments to USF Rules; Case No. 31-4601-9401.
Commissioner Smith had a question - is that an authority we can delegate to the USF administrator?
Don Howell said that is why we put in the language about "Commission approval".
Commissioner Smith asked - are we some how allowing these companies to get revenue increases without sufficient regulatory authority or are we auditing enough to say they are getting enough oversight.
Eileen Benner said that issue came up when the independents filed.  Commission approved it and charged the staff with regular review of the earnings.  That coupled with the commitment between auditing section to do regular audits, led us to believe that was the way to go.
Lori Mann said - if it is such a slight difference... there will not be a true-up.
Commissioner Smith asked Commissioner Nelson what he wanted to do?
Commissioner Nelson said he thought these looked good enough to go ahead and put out for comment.
So decided.
12. Don Howell's November 18, 1994 Decision Memorandum re:  Proposed Energy Consumption Reporting Rules, Case No. 31-8101-9401.
Put out for comment.
13. Motor Carrier Rules - put out for comments.
Meeting adjourned.
Dated at Boise, Idaho, this 29th day of November, 1994.
Myrna J. Walters
Commission Secretary