19950321_1.docx

MINUTES OF DECISION MEETING
March 21, 1995 - 1:30 p.m.
In attendance were Commissioners Marsha H. Smith, Ralph Nelson and Dennis S. Hansen.  Also in attendance were staff members Mary Friddle, Gary Richardson, Eileen Benner, Bev Barker, Syd Lansing, Jim Long, Brad Purdy, Weldon Stutzman, Lori Mann, Lynn Anderson, Joe Cusick, Belinda Anderson, Randy Lobb, Tonya Clark and Myrna Walters.  Jim Wozniak and John Souba from U. S. West were present as well as Larry Ripley of Idaho Power Company.
Items from the March 21, 1995 Agenda were discussed and acted upon as follows.
1.  Regulated Carrier Division Agenda dated March 21, 1995.
Commissioner Nelson moved approval of the two temporary applications on the RCD agenda.  Other commissioners concurred.
2.  Jim Long's March 8, 1995 Decision Memorandum re:  Idaho Telephone Relay Report.
Question asked of the Commissioners was, does the Commission concur with the current revenues being left in place until a new contract is awarded?
Commissioner Nelson said it seemed like Bob Dunbar and Hamilton are doing an excellent job on this.  
Current contract is for 2 years - will propose a three year contract in the future.
Commissioners approved leaving the Telephone Relay system as is until fall when the contract is up for renewal.
3.  Lori Mann's March 17, 1995 Decision Memorandum re:  INTRALATA Equal Access; Case No. GNR-T-94-5.
Commissioner Smith asked if those attending the workshop were in favor of expanding this to statewide?
Lori Mann replied yes - even GTE.
Commissioner Nelson said he thought it should be statewide.
Commissioner Smith wondered why the companies with certificate would want this.
Commissioner Nelson said he saw this as a way to get information.
Commissioner Hansen said he also thought it should be statewide.
Commissioner smith asked that it be noted for the record and the order that the extremely protracted schedule was created by the parties and not the commissioners and no one should cry regulatory lag.
**Case will be expanded - heading will be changed.
5.  Idaho Power Rate Case - IPC-E-94-5  Petitions for Reconsideration.
Commissioner Smith said three petitions were received and Commission today is issuing an order denying reconsideration of all three petitions.  The record is adequate we believe to support our decisions and with the change in the commission it is probably best to go on in a new proceeding and a new evidentiary record than to open an old one and hear it again.
The order re-examines the evidence and it is adequate to support our decision.
Commissioner Hansen said he didn't have the opportunity to hear the case but in reviewing it he tends to support this decision and feel it can be addressed in the future in another case.
Commissioner Nelson said in Idaho Power's request they cited that interest rates had gone up the day the commissioners signed the order.  He agrees with that but there wasn't evidence at the time and now we have a new case pending to look at the trends over the past few months.  we judged that case on the evidence presented and if we can get some new facts we can consider them in the next case.
Commissioner Smith said the Commission was very sincere in its wish to examine the issue of the FERC revenues question and our invitation to the company and parties to come forward and address that is still open and it is something we would like to work on.
Order was then signed by commissioners.
**Quane Kenyon of AP was in attendance at the decision meeting.
4.  GNR-T-93-13  (Generic EAS Case - File Status Report - Memo from Belinda Anderson.
Commissioner Smith said her thought was that we should finish the EAS generic look at staff's recommendation before we look at any routes specifically.
Commissioner Nelson said it did seem like a hearing on criteria and various possibilities, if we could get it done at an early date.  Would like to see if we had some analysis of whether a local calling plan might work for areas of southern Idaho like GTE's in northern Idaho.  For the number of lines, distance you have access to.  We will be getting a report from GTE on April 1 and obviously this hearing will be in the not too distant future - see if that plan has possibility for the rest of the state.
Belinda Anderson asked the Commissioners if they would be willing to give staff some directions for people who want to file petitions?
Commissioner Smith commented that was a hard issue.
Belinda said staff has been unsure of what to tell them.
Lori Mann commented that some petitions were made part of this generic case.
Commissioner Smith said she would like to have the staff report heard by the Commission and decide what approach the Commission wants to take and go route by route.  Asked if this wouldn't work?
Commissioner Hansen said the concern he has is that in the past there has been a piecemealing of new routes and what he hoped was that we had started a plan where we got input from the companies on expanding local calling areas.  Think the report indicates a desire for changes in the calling patterns.  Now we need to hear from the companies.  Maybe we need to look at alternative to purchase a calling system or route so they are not always making toll calls.  Would hope that we are leading the public to believe we are not going to look at a little area here and a little area there.  Now lets get together to meet the public demands.
Commissioner Smith said somehow we can't let this slide.  It has been almost two years since this started.
Eileen Benner said of the people who filed comments since the report was released and the other letters before the report was released how should official recognition be made?  They have just had a general acknowledgement.  What should the staff be telling these people - whats being done with their request.
Commissioner Smith said she sees the distinction Eileen is drawing.  We put out a request for comment and they chose how to respond.
Commissioner Hansen wondered if the general response should be that we are looking at the whole system.  Tell them they have generated the Commission's desire to look at the entire state besides just piecemealing it.  From their letters and calls, it is apparent it is across the state.  They believe because they filed in the form of a petition they have assumed a different status.
Eileen Benner asked if they needed different status?
Commissioner Smith said - need to set some new dates - establish reply dates.  This case is not for any particular routes, but it is to establish standards.  Need standards first.  They are still along ways from the end of the tunnel.
**Calling plans have some merit.
Advise the people before, after or during the investigation, telling them that the investigation will continue and there will be a hearing going to the standards and merits.  All EAS petitions in the future and after that is decided the task of deciding individual petitions will be taken up and will continue with the indexing system of staff.  Need to set up a tracking procedure.  When they send something in the future we will send a status letter.
Another problem on this is the service list.  Some of these people are on a service list but most of them aren't, what lengths should we go to?
Commissioner Smith suggested staff sit down with Myrna and Karen and find a rational way to get notice back to the people.
Go forward with that.
6.  Kent Searles Petition for Reconsideration in ALB-T-92-1 - fully submitted case - continued.
Meeting adjourned.
Dated at Boise, Idaho, this 22nd day of March, 1995.
Myrna J. Walters
Commission Secretary
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