19950309_1.docx

MINUTES OF DECISION MEETING
March 9, 1995 - 1:30 p.m.
In attendance at this time were Commissioners Marsha H. Smith, Ralph Nelson and Dennis Hansen.  Also in attendance was John Souba of U S West and IPUC staff members Scott Woodbury, Syd Lansing, Madonna Faunce, Bev Barker, Stephanie Miller, Randy Lobb, Joe Cusick, Keith Hessing, Tonya Clark, Gary Richardson and Myrna Walters.
Items from the March 9, 1995 Decision Meeting Agenda were considered and acted upon as follows.
1.  Joe Cusick’s March 1, 1995 Decision Memorandum re:  U S West Communications Advice No. 95-01-S  Compliance Filing for Order No. 25885 Case No. GNR-T-94-1  Issued 2-24-95 to be effective 2-24-95.  (Held from 3-3-95 Decision Meeting).
Commissioner Nelson commented his mistake was in the original order - agreed with the outcome but would have allowed Upper Valley to continue to operate under certain conditions.  Tariffs are exactly as the Commission ordered them to be filed.
Tariffs are approved.
2.  Scott Woodbury’s February 22, 1995 Decision Memorandum re:  Case No. WWP-E-95-1  Petition for Declaratory Order (Kootenai Electric)  Put back on the agenda from the March 3, 1995 Decision Meeting.
Scott Woodbury explained that at last week’s decision meeting, Commission decided to go modified procedure because WWP wanted to file a response.  Has discussed the Commission’s decision with David Meyer and the company.  They have decided that they would rather the item be held over until this meeting and they would forego filing something else.  Read Section 61-526.  Said Peter Richardson was wondering if in attaching the maps, it was intended to modify that particular statute and so he basically  put a proposition to the Commission.  Think with respect to the obligation to serve, Commission did put in some language.  Company’s line extention policies would come into play also.  Think that the prior order is straight forward and just need to reiterate that in this order, with some minor modifications.  
Scott explained what the maps showed.  Don’t see that it serves any purpose to have the company come in anytime they go beyond a particular section.
Commissioner Nelson said as they expand within the county, under the Electric Stabalization Act, they can do that.  See no reason to answer Peter Richardson’s questions.
Commissioner Hansen said he agreed they have the right to serve.
Commissioner Smith said she repeats that the Commission did not mean to limit the company so long as they did not violate the Electric Stabilization Act.
3.  Scott Woodbury’s March 6, 1995 Decision Memorandum re:  Case No. SVE-G-95-1  (Star Valley Energy) Certificate Application.
Scott Woodbury proposed putting out a notice of application.  Said Madonna Faunce has had some conversations with the company which raise some concerns.  They have never done a market study for the Salmon area.  There is some concern as to the revenue and customer projections.  Staff is going to attempt to get with the company representatives.  If they don’t want to do that, will send discovery requests.  When there is enough information on the viability of the company, it will be brought to the Commission again.
Commissioner Smith suggested that in the notice of application, deadlines be set for intervention and for comment.  That way people have a time certain.  Then staff can tell the company that if they don’t file the information by a time certain, it could be denied.
Madonna Faunce said the company led her to believe that they didn’t let anybody know in Salmon so there wouldn’t be any competition.
Scott Woodbury said it was his understanding that in the other 2 states they are organized in,  they have nothing going in, either.
Commissioner Nelson said if they are worried about competition, perhaps they should come in and talk.  Wondered if a prehearing conference wouldn’t give them some reality of what starting the process entails.  Impress upon them the importance of cooperating with staff to get started.
Scott Woodbury said he made a request to their staff and he hasn’t heard back from them.  They estimate 400-500 customers.
Commissioner Hansen said he would like to see us set some timetables.  If this is a good proposal, lets be as helpful as we can.
Commissioner Smith said on prehearing, it would be helpful if there were intervenors, but if it is just scheduling, with the company, don’t think it is necessary.
Suggested date for intervention was May 5 and comment deadline of May 18.
Meeting adjourned.
Dated at Boise, Idaho, this 9th day of March, 1995.
Myrna J. Walters
Commission Secretary
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