19950413_2.docx

MINUTES OF DECISION MEETING
April 13, 1995 - 1:30 p.m.
In attendance at this time were Commissioners Ralph Nelson, Marsha H. Smith and Dennis Hansen and staff members Tonya Clark, Dave Schunke, Brad Purdy, Bev Barker, Gary Richardson, Mary Friddle, Terri Carlock, Treva Pline, Randy Lobb and Myrna Walters.  Also in attendance were Wayne Booe and Ben Hepler of Boise water corporation.
Commission President Ralph Nelson called the decision meeting to order.  
Items from the April 13, 1995 Decision Meeting Agenda were discussed and acted upon as follows.
1.  Brad Purdy's April 11, 1995 Decision Memorandum re:  Application of Idaho Northern and Pacific Railroad for Abandonment of the Weiser to Council Branch; Case No. IN-RR-95-1.
Commissioner Nelson commented that in order to go forward in an active manner, the Commission needed to find that (1) the abandonment would adversely affect the area being served, (2) there is reason to believe that the closure would impair the access of Idaho communities to vital goods and services and market access to those communities and (3) that the line has potential for profitability.
Commissioner Smith said she could find that it would adversely affect the area being served, just simply because when you loose one form of transportation that you will never get back, that has an effect, but unfortunately there wasn't any evidence to support the line being profitable.  Since the statute requires all three, can't make findings.
Commissioner Hansen said he agreed with Commissioner Smith.  There wasn't any evidence on potential for profitability.
Commissioner Nelson commented it was unfortunate that was the way it was.
Decision was:  to not go forward with a case before the ICC.
Take no further action.
Brad Purdy, attorney assigned to the case, asked what type of detail the commissioners wanted in the order.  Said he would suggest that the order talk about the evidence at the hearing and express sympathy over what is inevitable.
Commissioners agreed that the order should summarize testimony from the hearing and indicate strong concerns, recognize the concerns that once the track is torn up it is gone forever.
2.  Mary Friddle's April 11, 1995 Decision Memorandum re:  Interstate Carrier Fee.
Commissioner Nelson said he had written to Governor Batt because the Governor had expressed some concern regarding the lowering of the interstate carrier fee, when they discussed it with him earlier.  Said the Governor called him this morning and said a lot of his concern was that he didn't fully understand the reasons for lowering the fee.  Now that he has time to think about it, thought that reducing fees to carriers wherever possible is good and he supports the Commission fully.
**Rule is being worked on.
Don Howell said we will have to promulgate proposed permanent and temporary because we cannot get it in before July 1.  Problem is nobody contemplated when they enacted that that fees would ever be reduced.  All the safeguards in that statute are opened so fees couldn't be increased or imposed while the legislature was not in session.  A temporary can be issued.
Decision was to get temporary rule for now.
Commissioner Hansen said he thought the Commission had until April 23.
Don Howell said that is the deadline to get it to the Rules Coordinator.  That wouldn't be budgeted until June, next deadline for rules would be July with issuance date of September.  That is why temporary rule has to be done.  Said it takes 26 weeks to promulgate a permanent rule.  Need to notify the base state participants by June 1.  Can do a temporary rule.  It is only effective for a certain number of weeks.
Commissioner Hansen made motion that a temporary rule be promulgated.
Commissioner Smith seconded it, Commissioner Nelson concurred.
Temporary rule will be issued.
3.  Regulated Carrier Division Agenda dated April 13, 1995.
Commissioner Smith made motion to approve this item.  Other commissioners concurred.
4.  Bev Barker's April 6, 1995 Decision Memorandum re:  Idaho Power Tariff Advice No. 95-01  Price Revisions to Schedule 66.
Approved.
4A.  Sharon Ullman's Petition to Intervene in Boise Water Case No. BOI-W-95-1.
Commissioner Smith said her only question was had Ms. Ullman filed comments.  Comments had been filed this date.
Said she would grant the petition to intervene then and consider the comments along with everyone else who has filed.  Said Ms. Ullman has shown a substantial interest in the proceeding and as long as it doesn't delay the proceedings, why deny the petition?
Commissioner Hansen said his concern was that it would delay the proceedings.  Thought the petition to intervene was more generic than specific.  Thought we should deny it.
Commissioner Nelson said he would be more critical if we were going to let it delay the process, but will take her comments into consideration.  On that basis, would approve the intervention and consider the comments.  Don't want to delay the proceedings.  
Granted the intervention, two to one.
5.  Terri Carlock's April 11, 1995 Decision Memorandum re:  Warm Springs Mesa's Request for Authority to Borrow up to $40,300 from First Security Bank.
Commissioner Smith asked about the rebuild on the lower part of the system?
Terri Carlock explained they are working on that and this is for a well.  Thought lower rebuild was about 70% completed.  Mr. Wise had gone out and started on his own - separate from the County.
Commissioner Nelson asked if he was now working with the county people in getting this done?
Terri Carlock replied she thought so but she hasn't talked to him about the day to day situation.
Commissioner Smith said she would move approval of the borrowing.
Other commissioners concurred.
**Commissioner Nelson commented that the other two individuals that had petitioned for intervention in the Boise Water Case had withdrawn their interventions.
Meeting was adjourned.
Dated at Boise, Idaho, this 17th day of April, 1995.
Myrna J. Walters
Commission Secretary