19950206_2.docx

MINUTES OF DECISION MEETING
FEBRUARY 6, 1995 - 1:30 P.M.
In attendance were Commissioners Marsha H. Smith, Ralph Nelson and Dennis S. Hansen.  Also in attendance were staff members Don Howell, Lori Mann, Mary Friddle, Joe Cusick, Jim Long, Gary Richardson, Birdelle Brown and Myrna Walters.
Commissioner Smith asked that the Minutes reflect that Commissioner Hansen is here and we welcome him to his first official decision meeting.
Matters from the 2-6-95 Agenda were discussed and acted upon as follows.
1.  Mary Friddle's February 3, 1995 Decision Memorandum re:  Request for Vision Waiver for Larry Jones.
Commissioner Nelson commented that Mr. Jones has obviously been driving for several years already.  Asked if we know his accident record?
Mary Friddle responded - "was not aware of any problems".  Was a hold over from Prairie Power.  
Commissioner Smith said it seemed like we have had questions like this come up before.  It was a diabetic.  We abided by Rule 19 which says if you don't have a federal exemption there is no state exemption.  That has been our procedure.
Commissioner Nelson said he has some sympathy for the driver - if you don't let him drive you are jeopardizing his employment.  Since he has been doing the same job for 13 1/2 years, would lead him to believe he is capable of doing it.  To him it is not quite the same as someone coming in who has not drive heavy equipment and wants a license.
Mary Friddle said there are quite a fe people in the same predicament.  If this waiver is granted, we will get requests for similar exemptions.  There is a concern about how safe that is.
Commissioner Hansen said it seemed to him he is able to perform his duties well.  Question he has is are we denying people the right to have a commercial license because of a vision problem?  
The company is saying he can perform well, there is not a safety problem.  Why is the requirement there that they have to have 20/40 vision in both eyes?
Mary Friddle said the federal government adopted it years ago.  Once they started to do the program, there was a lawsuit on it.  There have been rulings both ways.  Thought that was why we should have uniform regulations with the feds.  
Commissioner Nelson said it looked like the court has put a difficult test on the federal government to prove cause before they don't issue a license.  Don't know what the other cases are, this guy can see 20/20 in one eye.  Asked Commissioner Smith what she thought.
Commissioner Smith said she didn't want to go individual by individual and would stick with the rule despite the fact that she has personal sympathy for this man.  If we want to not have the federal rule and do something else, we can, but where it is a federal rule, think we should abide by it.
Commissioner Nelson said this guy is up at Featherville.  No one is going to be driving him.  If he doesn't do it, they pretty much have to get rid of him and find someone who can drive a rig.  Was not willing to come in after the fact and say you can't do what you are doing.
Commissioner Hansen said he tended to go along with Commissioner Nelson on this.  Think where Mr. Jones has proven himself, he has the support of the company, they are satisfied with his work and safety performance.  He has demonstrated that in the past.  Tend to believe we should grant a waiver on this.  Would feel different if he was applying for this waiver and didn't have experience.  Based on that, would support the waiver.
Commissioner Nelson said - we could see what flood gate we have opened.
Lori Mann suggested using Commissioner Hansen's comments in the order.
Grant the waiver - two to one - Commissioner Smith dissenting.
Commissioner Smith commented that usually the Commission replies "in kind".  This came in as a letter, usually we would respond by letter.  He didn't put it in legal format.
Mary Friddle said he did request that it be brought before the Commission.
2.  Don Howell's February 3, 1995 Decision Memorandum re:  Formal Complaint against Union Pacific Concerning the Montpelier and Soda Springs Freight Agencies, Case No. UP-RR-94-4.
Commissioner Smith said the only thing they have to complain about is the telephone book.
Don Howell explained the complaint by the Union.  One of the things they dug up was the problem of the phone listing.  Soda Springs agency was closed years ago.
Commissioner Hansen said it may not be a major problem bit in reading this decision memorandum, he was disappointed that UPRR did not list a phone number in the directory.  Know people who would like to look in the directory and see where to call, if he was trying to get hold of UP.  In reading this, the Commission has asked them to do that.  Would like to know from UP why they didn't do what the order said.  Don't think anybody from there got heartburn about the Soda Springs closure.  Am disappointed, thought, that they don't have a listing in the directory.
Commissioner Nelson asked - do you think most people who deal with the UP down there have the number?
Commissioner Smith said we told them to do it and they didn't.  
Discussed publication time for the directory.  
Commissioner Smith said if it is coming up soon, get it in the directory.  Or they can put in their 800 number and the local number if they want to do both.
Don Howell said the order setting out the requirement for a directory listing was July 1991.
Commissioner Nelson said you don't know if this order ever reached Cheyenne.
Commissioner Smith said she would think once paying a fine they would pay attention.  Asked what the other Commissioners wanted to do about this?
Tonya Clark suggested $2,000 a year fine.
**Use a consent agreement.  
Commissioner Smith said they are clearly in violation of an order.
Commissioner Hansen asked why the Commission mandated that the railroad have this listing?  Was there significant testimony that it was needed?  If it isn't needed, am not in favor of having them jump through a hoop.  The average person is not aware that their office is in St. Louis.  Why isn't there a number there?  Why did the Commission mandate that - was there a need?
Commissioner Smith said it was a big hearing.  Reason Montpelier got left open was the number of people at hearing in Soda Springs.  There was testimony that the number wasn't published.  It was an issue everywhere the Commissioners went.  It was obvious they weren't going to advertise for a local agent.  They didn't want them used.
Mary Friddle commented - there was one in Weiser.
Commissioner Smith said why didn't we see if staff can negotiate a consent agreement with them.  Then if they think it is an unreasonable requirement they can let us know and we can excuse them from doing it in the future.
Commissioner Nelson said he would think Monsanto ships all their products by rail.
Commissioner Hansen said he thought major shippers probably know how to get a car.  Think the average person would be very confused.  Said it bothered him that they were told to do it and they didn't.
Staff will negotiate.
3.  Union Pacific Railroad's Request to Withdraw its Application to Close the Weiser Freight Agency - Case Nos. UP-RR-92-2/UP-RR-94-3.
Commissioner Smith and Don Howell reviewed the Weiser matter and the Parma matter.  
Don Howell said the Weiser case was one where the Commission actually had a hearing.  They now want to withdraw their application to close - this case is now somewhat redundant.
Commissioner Nelson said Commission postponed decision on this per the railroad's request.
Don Howell commented - this was a place where the agent was working.
Commissioner Nelson asked if we were ever able to find a consultant to do a study of the National Center?
Mary Friddle responded - it is still a possibility to get a consultant to do the study to use on the consolidation case.
**Decision was made to close the Weiser case and wait for the consolidation case.
**Was also decided to not include the Weiser transcript in the consolidation case.  Testimony would be out-dated.
4.  Proposed Amendments to USF Rules - Case No. 31-4601-9401.
Lori Mann suggested adding a sentence about the legal fees.
Commissioner Smith suggested adopting the rules and the Commission agrees with the comments about the legal fees.  Don't need to have that in a rule, though.
Meeting adjourned at 2:00 p.m.
Dated at Boise, Idaho, this 8th day of February,
Myrna J. Walters
Commission Secretary
020695.min