19950105_1.docx

MINUTES OF DECISION MEETING
Thursday, January 5, 1995 - 1:30 p.m.
In attendance at this time were:  Commissioners Marsha H. smith, Joe Miller and Ralph Nelson and staff members Lori Mann, Scott Woodbury, Tonya Clark, Joe Cusick, Marge Maxwell, Birdelle Brown, Bev Barker, Jim Long, Rick Sterling, Stephanie Miller, Terri Carlock, Gary Richardson and Myrna Walters.  Also in attendance were Ron Light of U S West and Jeanette Bowman of Idaho Power Company.
Items from the January 5, 1995 Agenda were discussed and acted upon as follows.
1.  Regulated Carrier Division Agenda dated January 5, 1995 was withdrawn.
2.  Birdelle Brown's January 3, 1995 Decision Memorandum re:  Lenore/Lewiston/Lapwai EAS (Order No. 25129) INL-T-91-2.
Commissioner Smith said she thought the customers were justified in thinking it is beyond when they should be paying for these phone calls.  How do you go about deciding what deadline is appropriate (future or past) from what point on do they provide it or give away toll service?
Commissioner Nelson suggested going from the 9th of January.
Commissioner Miller asked what the weather constraints are in that area in the winter?
Commissioner Nelson said at the end of December they probably couldn't lay cable - it was raining, though, not snowing.
Birdelle Brown commented the company has known since July that they needed cable.
Commissioner Nelson asked where the cable was being laid?
Ron Lightfoot said he didn't the exact route.  U S West has negotiated to meet at the point of demarkation.
Commissioner Miller said if we were thinking of imposing a date upon which to be completed or bad things will happen, make sure we have a realistic date given the circumstances.
Commissioner Nelson suggested a completion date of the first of April.
Birdelle Brown commented that cable could be laid really fast.  Between Lenore and U S West point of presence is the concern.
Commissioner Miller asked if this was the only thing to be done - lay the cable?
Birdelle Brown said in the beginning they said they couldn't get used parts - don't know for a fact that they have the parts.
Commissioner Smith asked if we needed to issue a show cause notice and ask them why they haven't provided the service to their customers.  Ask why they shouldn't pay for their customers' calls.
Commissioner Nelson said you could say as of a date certain there will be no more charges (show cause for that) and set a date to have construction done by.  they can put in EAS as they were told or they can pay the toll bills.
Commissioner Smith said she would propose we schedule up a show cause hearing immediately - get hearing scheduled in January - possible end of next week, asking why they shouldn't pay customers' toll bills (charges incurred after such and such a date).
Commissioner Miller said Commissioner Nelson's idea of having a second leg was a good idea.  If the construction is not done then, fines.  How much will it take to get this in?
Company could tell Commission what implementation date could be.  Ask how and when facilities are going to be in.  In addition to paying customers' charges, they will not receive access charges.
Show cause order is to be drawn up - show cause hearing set.
3.  Marge Maxwell's January 3, 1995 Decision Memorandum re:  Evergreen Water Company 1994-95 Tariff to Recover DEQ's Assessment to Fund its Public Drinking Water Program.
Approved continuation of the 42 cent per month charge; effective on 1 days notice; removal of the sunset clause.
4.  Bev Barker's December 23, 1994 Decision Memorandum re:  Proposed Change to Policy on Seasonal Disconnection of Irrigation Customers.
Commissioner Smith asked if there was a monthly minimum or customer charge?
Bev Barker replied that there was not for UPL - Idaho Power Company has a minimum bill.  Further explained that when the meter is read, the off season rate will kick in.  It is much more favorable to the irrigators.
Commissioner Smith asked - do we need an opportunity for people to say they like it or don't like it?
Commissioner Miller said he would do a notice of application.
Commissioner Smith said some kind of notice would be good.  Tariff would also have to be suspended for the comment period.
5.  Scott Woodbury's December 29, 1994 Decision Memorandum re:  Case No. WWP-E-94-6  Vaagen Bros. Lumber, Inc. v. WWP.
Dismissed complaint.
6.  Scott Woodbury's December 29, 1994 Decision Memorandum re:  Case No. IPC-E-92-31  Rosebud vs. IPCo.  Appeal No. 21754.
Commissioner Smith asked how many times it has to be said that these orders are not part of the record?
Scott Woodbury said they are not part of our hearing record.
Orders are not to be included in Secretary's Record on Appeal.
7.  Scott Woodbury's December 30, 1994 Decision Memorandum re:  Case No. IPC-E-94-24  Petition for Declaratory Order-Auger Falls.
Commissioner Smith said Idaho Power should be given some time to respond.
So decided.
8.  Scott Woodbury's December 30, 1994 Decision Memorandum (titled 1-30-95) Case No. IPC-E-93-28  FAS 106--Post Retirement Benefits.
Was discussion on whether these numbers were in the rate case.  
Terri Carlock said they were.
Matter will be decided in IPC-E-94-5.
9.  Scott Woodbury's January 3, 1995 Decision Memorandum re:  Trigger Filing--Avoided Cost  Case No. WWP-E-94-13.
Commissioner Smith said Option 2 looked fine to her.  
Scott Woodbury explained what was envisioned about a trigger case.
Commissioner Nelson said there is a question about whether or not the PGT load has been factored in.
Commissioner Smith suggested to Scott Woodbury that he call the company to see if they would withdraw this - if they still want a hearing, put the matter back on next week's agenda.
10. Scott Woodbury's January 3, 1995 Decision Memorandum re:  Firm Energy Sales Agreement - Idaho Power/Blind Canyon Aquaranch - Case No. IPC-E-94-25.
Commissioner Smith said - yes, include qualifying language.
**Commissioner Miller said to please note that he has always disagreed with this.
Security provisions - yes.
Commissioner Nelson suggested approving the contract without making broad statements of policy.
Commissioner Miller said he thought just approving the contract was fine.  
**The costs are prudently incurred.
11. Terri Carlock's January 3, 1995 Decision Memorandum re:  Washington Water Power PCA Report.
Company doesn't have to file quarterly reports - only monthly.  Commissioners do not want to see the reports.  Three copies will also be sufficient.
12. Terri Carlock's January 3, 1995 Decision Memorandum re:  Pacificorp Request to Sell Demand Side Resource Receivables, Case No. PAC-S-94-4.
Terri Carlock commented - most of this is for Oregon loans.  Currently it is cheaper.  
Commissioner Nelson questioned whether it was cheaper.
Terri said that is why she would like to require something each year on this.  Wants company to do cost analysis.
Commissioner Miller asked who the people would deal with if they defaulted - the bank?
Terri said no - they would deal with Pacificorp.
Approved.
Meeting was adjourned.
Dated at Boise, Idaho, this 5th day of January, 1995.
Myrna J. Walters
010594Commission Secretary