19950303_2.docx

MINUTES OF DECISION MEETING
March 3, 1995 - 1:30 p.m.
In attendance at this time were Commissioners Marsha H. Smith, Ralph Nelson and Dennis Hansen.  Also in attendance were staff members Tonya Clark, Mary Friddle, Scott Woodbury, Don Howell, Weldon Stutzman, Syd Lansing, Gary Richardson, Bev Barker, Don Oliason, Eileen Benner, Stephanie Miller, Madonna Faunce, Birdelle Brown, Joe Cusick and Myrna Walters.  Also in attendance were Jeanette Bowman of Idaho Power Company, Fred Logan of GTE and John Souba of U S West.
Items from the March 3, 1995 Decision Meeting Agenda were discussed and acted upon as follows.
1.  Bob Horton’s February 22, 1995 Decision memorandum re:  Railroad Clearance Rule Waiver Request.
Commissioners approved staff recommendation on this matter.
1A.  Don Howell’s March 2, 1995 Decision Memorandum re:  Idaho Northern & Pacific Railroad’s Abandonment of the Council Branch, Case No. IN-RR-95-1.
Commissioner Hansen said he talked to Senator Hartung on this.  Had some concerns.  Would like some time to see what the public interest is.  Before that line is abandoned, need to look at the highway system and the transporting of the other commodities and also look at the possibility of whether there may be some industrial development in the future that would require need of the railroad.  Was concerned the request for abandonment was moving too fast.
Commissioner Smith said the time line is the feds, not ours.
Don Howell explained his feelings on the matter.
Commissioner Smith asked if the Commission could object to the abandonment process?
Commissioner Nelson said he would like some feel that we want to be an active participant before we go just on form.
Don Howell said he has asked the railroad to provide him with the bare minimum economic data.
Commissioner Nelson asked if we file something about April 15, are we timely?
Don Howell said - then we carry the burden.  Said he had talked to Green Lumber.
**Wayne Hart and Randy Lobb were in attendance at this time.
Commissioner Nelson asked about Oregon?
Don Howell said we could send in comments in April.  Should have the petition in between the 6th and the 10th.  Could do hearing and subpoena the railroad.
Commissioner Nelson said the 10th of March is awfully soon to set ready for a hearing.  suggested the week of the 20th.
**Commissioner Nelson asked that when the notice goes out, the Adams County Commissioners get notice.
Tonya Clark suggested Mary call Idaho Northern about slowing down on their own.
Commissioner Smith said she thought that was a good idea.
It is worth a phone call - hold the matter for a week.
Don Howell will talk to the attorney in DC also.
2.  Regulated Carrier Division Agenda dated March 3, 1995.
Commissioner Nelson moved approval - other commissioners concurred.
3.  Birdelle Brown’s March 1, 1995 Decision Memorandum re:  GTE Advice 95-02  To Offer Frame Relay Service (FRS) To Local Exchange Customers.
Approved.
4.  U S West Advice No. 95-01-S  Compliance Filing - Order No. 25885 - Case No. GNR-T-94-1.  Decision Memorandum to follow from Joe Cusick.
Commissioner Nelson said he thought this language goes beyond what he thought the decision should have been in the case.  However, because he felt that provision of that service would have been all right if they bought those lines and had not dumped back to U S West, this goes beyond that.
Commissioner Smith said it has her vote, approve as submitted.
Commissioner Nelson asked about the timing.
**Matter will be held until next decision meeting.
5.  Scott Woodbury’s February 22, 1995 Decision Memorandum re:  Case No. IPC-E-95-1  East Fork Ditch Hydro Project (2.5 MW) Contract Termination.
Commissioner approved termination.
6.  Scott Woodbury’s February 22, 1995 Decision Memorandum re:  Case No. WWP-E-95-1  Petition for Declaratory Order (Kootenai Electric).
Scott Woodbury said he talked to the parties.  Thought modified procedure was appropriate.
Commissioner Smith said in the order the Commission didn’t limit WWP’s right to expand as long as it was in compliance with the Equal Stabilization Act (Section 61-528).   Thought the order in the sale case made that perfectly clear.
Scott Woodbury asked if this should go out on modified procedure?
Commissioner Smith said if the company wants to respond, can say the same thing in 6 weeks.
Commissioner Nelson asked - why put them through this exercise?
After brief discussion, was decided to put it out on modified - for three weeks.
7.  Wayne Hart’s February 24, 1995 Decision Memorandum re:  Petition/Complaint of Mr. Perry Steidley & 108 Co-Signers from Rockland Area Complaining About Frequent Disruptions in Idaho Power’s Electrical Service.
Commissioners commended Wayne for his handling of the matter.  said his Decision Memorandum was great.
No further action was required.
8.  Marge Maxwell’s February 28, 1995 Decision Memorandum re:
Eagle Water Company 1994-95 Tariff to Recover DEQ’s Assessment to Fund Its Public Drinking Water Program.
Approved staff recommendations.
9.  Weldon Stutzman’s March 1, 1995 Decision Memorandum re:  Case Nos. WWP-E-94-10/WWP-G-94-5  Application by WWP for Approval of Proposed Tariff Riders to Fund DSM Programs During 1995-96.
Commissioner Hansen asked - on the customer from Moscow, what provision is there for all electric
Randy Lobb said there is a low income assessment but WWP contributes to local community action groups.  They don’t have a program for fuel switching.
Commissioner Hansen commented - years ago they were promoting the all electric home and giving an advantage to go total electric and now it is a penalty to them.  Don’t care if there are on poverty row, middle income, whatever, we led them out on a limb...
Randy Lobb said a lot of it is because gas is cheap.  WWP has the lowest rates in the nation.  But at this point in time, the price of gas appears to be a better deal but it may not be in the future.
Commissioner Smith said there used to be declining block rates.  Those were in effect in the 70s because they had surplus energy - those surpluses do not exist now.   There are no declining block rates now.
Randy Lobb said the problem here is - it is not forced air, they would have to put in duct work.  Do sympathize with them.
After discussion, application was approved.
Items 10-12 on the agenda were fully submitted cases and Commissioner Smith announced the Commission has decided to deliberate those and will return them to the agenda when orders have been prepared on them.
Meeting adjourned.
Dated at Boise, Idaho, this 7th day of March, 1995.
Myrna J. Walters
Commission Secretary
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