19950213_1.docx

MINUTES OF DECISION MEETING
FEBRUARY 13, 1995 - 10:25 A.M.
In attendance were Commissioners Marsha H. Smith, Ralph Nelson and Dennis S. Hansen and staff members Weldon Stutzman, Scott Woodbury, Joe Cusick, Belinda Anderson, Gary Richardson, Syd Lansing, Eileen Benner, Stephanie Miller, Don Oliason, Mary Friddle and Myrna Walters.  Also in attendance was John Souba of U S West.
Items from the February 13, 1995 Agenda were discussed and acted upon as follows.
1.  Regulated Carrier Division Agenda dated February 13, 1995.
Approved.
2.  Weldon Stutzman's February 8, 1995 Decision Memorandum re:  Case Nos. WWP-E-94-10/WWP-G-94-05  Application by WWP for Approval of Proposed Tariff Riders to Fund DSM Programs During 1995-96.
Decision was to cancel February 14, 1995 hearing and put matter out on modified procedure, per recommendation of staff.
3.  Scott Woodbury's February 10, 1995 Decision Memorandum re:  Case No. WWP-E-94-8  Schedule 51--Electric Line Extensions, Conversions and Relocations.
Company amended the original application.  Discussed Feb. 15 effective date.  Date is okay.  Amended application is approved.
4.  Scott Woodbury's February 10, 1995 Decision Memorandum re:  Case No. UPL-E-95-1  Schedule 10--Irrigation Pumping Service.
Discussed Staff Recommendation No. 2 - safety warning stickers.  
Scott Woodbury explained the company was concerned about liability.  They propose to make the stickers available to the irrigators - but they will not put them on themselves.
Scott said he didn't see how the Commission could require the company to take responsibility.  Didn't get any response from the irrigators.
Commissioner Nelson said if there is a safety problem we are not addressing, he was concerned also.
Scott Woodbury explained Recommendation No. 3 - energizing a facility when there is an obvious safety problem.  Again they will inspect but don't want to be liable.
Rick Sterling, staff engineer, reviewing the filing, said based on his previous experience, for whatever reasons, Water Resources saw some really bad stuff in the Utah Power service areas.  Didn't see that in other utility service territories.  Facility could be inspected in a few minutes.  It is common.  That was the reason for his recommendation and he also understands the company's concern about liability.  
Scott Woodbury commented he thought it was an educational matter.
Commissioner Nelson said he thought it was a problem.  Maybe it is better to not energize.  At least there is some warning.
Commissioner Smith said she thought what we could do is approve this, adopting staff recommendations 1, 4 and 5 and tell the company that they should make the stickers available to customers, encourage them to put them on and do not energize when they perceive a problem, but they are not responsible if its on the customer side.
Rick Sterling said he didn't know what the company's policy was.  He thought they just blindly turned them on.
Commissioner Nelson suggested putting some strong language in about not energizing when there is a problem even if they are not responsible.
Commissioner Hansen said he thought the customer was responsible for the safety of their own equipment, and we may be adding a burden to the utility to babysit the problem.  Thought we may be overstepping our boundaries.
**Randy Lobb was in attendance at this time as was Tonya Clark.
Commissioner Smith said she would encourage them to not energize when they see a problem on the customer side.
Okayed with that caveat.
5.  Scott Woodbury's February 10, 1995 Decision memorandum re:  Case No. WWP-E-94-13  Avoided Cost/Trigger Filing  Withdrawal of Pleading-- RULE 67.
Approved withdrawal of the filing.
6.  IPC-E-94-24  Idaho Power Company - Petition for Declaratory Order re:  Cogen, Inc (Auger Falls)  (Decision Memorandum to follow from Scott Woodbury).
Matter was held at this time.
7.  Weldon Stutzman's February 9, 1995 Decision Memorandum re:  Case No. 31-6101-9501; Amendments to the Motor Carrier Rules.
Commissioner Smith made motion they be approved with the change by Law Enforcement.
Other Commissioners agreed.
8.  Don Howell's February 9, 1995 Decision Memorandum re:  Comments on the Commission's Energy Consumption Reporting Rules, Case No. 31-9101-9501.
Commissioner Smith said we received two sets of comments.
Commissioner Nelson commented they have these study areas all over the state.  Should probably recognize that it is statewide and hope that the Director of Water Resources uses some discretion.
Commissioner Hansen said it was plan that it is all over the state.
Okayed.
Send the same thing to PUC and Tax Commission.  Do not have to reiterate No. 3.
Order is to thank the participants for their help.
Item 9 - Request for Additional Stay of Commission Order filed by Upper Valley Communications, Inc. - Case No. GNR-T-94-1.  No Decision Memorandum.
Is a fully-submitted matter - will be taken up in a deliberation session.
Meeting adjourned.
Dated at Boise, Idaho, this 16th day of February, 1995.
Myrna J. Walters
Commission Secretary