19950720_1.docx

MINUTES OF DECISION MEETING
July 20, 1995 - 1:00 p.m.
In attendance at this time were Commissioners Ralph Nelson, Marsha H. Smith and Dennis Hansen and staff members Tonya Clark, Weldon Stutzman, Ron Law, Don Howell, Syd Lansing, Joe Cusick, Birdelle Brown, Terri Carlock, Scott Woodbury, Madonna Faunce, Stephanie Miller and Myrna Walters.
Items from the July 20, 1995 Agenda were discussed and acted upon as follows.
1.  Commissioner Smith moved approval of the items on the Regulated Carrier Division Agenda - Item 1 of the agenda.
Other Commissioners concurred.
2.  Don Howell's July 17, 1995 Decision Memorandum re:  Union Pacific Application to close the remaining local customer service offices and transfer their functions to the NCSC, Case Nos. UP-RR-94-3 AND 95-4.
Commissioner Smith made a motion that the company be allowed to withdraw the previous application in lieu of the recently-filed one.
Other commissioners concurred.
3.  Don Howell's July 17, 1995 Decision Memorandum re:  Staff Audit of the 1994 Revenue Sharing Year, Case No. USW-S-95-1.
Commissioner Smith asked about the notice?
Don Howell said - want to process the rest of the case and ask what they want to do with the money?
Commissioner Smith said she thought doing everything else on modified was okay, but don't know if you can do "is the money right?"  Do we need meeting with company?  Shall we do a notice with the understanding that we will have to go to hearing when 10 different ideas come in?
Don Howell suggested modified on one issue and notice of prehearing on the use of the money.
Commissioners okayed that proposal.
Items 5 and 8 were discussed together.  5.  Weldon Stutzman's July 18, 1995 Decision Memorandum re:  Case No. GTE-T-95-2  Application of GTE to extend its local calling plan to its exchanges in Idaho and 8.  Petition for Toll-Free Calling between Priest Lake, Priest River and Sandpoint.
Commissioner Nelson commented there was some incentive to have a hearing on how effective the LCP was but don't know that we need a technical hearing.
Commissioner Hansen said he thought we needed more public input on this.  Reading this comment from GTE was if you don't approve it we will go back and put another plan together.  Is that what the other commissioners took that to mean?  Would like to have some public input on it before he would be ready.
Commissioner Smith said first of all we have to figure out what to do with staff report and as she understood, they are proposing changes.  Thought first step should be - lets nail down the plan, with modifications as staff and/or company proposes.  First lets nail down what it is and then expand.
Lynn Anderson said he didn't think the company would respond to the plan unless they are told to.
Commissioner Smith said - first provide a forum to respond to Lynn Anderson's report and in that process talk about expansion and what we are going to require.  Those responses could be done by writing without a hearing, initially.  Then think we will have to go on the road.
Commissioner Hansen said he was concerned we are setting boundaries without input from the public.
Commissioner Nelson said there were hearings before, but this is a different Commission now.
Commissioner smith spoke to the staff proposal.  Said first she would like some sense of the company's willingness to fix that problem.  Asked Weldon how we should do that.  
Weldon suggested going ahead and noticing it up and asking for company response.
Commissioner Smith said the problem with going to hearing is it would hold up the process for 18 months.
Commissioner Nelson said it might be appropriate to have a public hearing to see how it has gone.  Wondered about modified procedure to get additional comments from GTE and anyone who wants to talk about Lynn Anderson's report.
**Bob Smith and Eileen Benner were in attendance at this time.
Weldon suggested initiating it as modified and then schedule hearing later.
Don Howell spoke to previous hearings.  Haven't had hearings on these new area.
Commissioner Nelson said that gets it started going forward.
Commissioner smith said she would like to get LCP expanded as soon as possible, after we have made some adjustments,  whatever gets us there the fastest.  Want to get the company to move as quickly as we can - however we can do that.  Get them to analyze the report, get them to agree or disagree and go forward from there.  Some of these people have waited 3 years already.
**Decision was to put it out on modified and give the company 21 days to respond to Lynn Anderson's report.
Weldon Stutzman said - before we notice it up formally, could do what he would to get a response from the company - give it a couple of weeks.  Next decision meeting is August 11 - if there is no response from the company by then, will take it back up.
**Also decided to include petition from Priest Lake/Priest River/Sandpoint in the GTE-T-95-2 case.
6.  Scott Woodbury's July 18, 1995 Decision Memorandum re:  Case No. IPC-E-95-6.
Commissioner Smith moved approval of certificate amendment.
Other commissioners concurred.
7.  Scott Woodbury's July 18, 1995 Decision Memorandum re:  Case No. WWP-E-95-4  $2,258,000 PCA Surcharge.
After discussion, was decided to put it out on modified - asking the company to comment on the Upper River Project.
9.  TDS Telecomm Petition from residents of Troy, ID to reopen telephone business office.
Joe Cusick has reviewed the petition.
Commissioner Nelson said he was going to have some trouble approving this petition.
Commissioner Hansen said he was thinking along the same line.  Only concern he had was the fact that there were 300 signatures on the petition.  Was wondering if there is something there we don't see.  But when you look at the staff analysis, can't see that it has that much merit or value.  Can't really support a hearing on this.
Asked if we could respond saying we have reviewed the petition and don't think it is an issue.
Commissioner Nelson said he thought we should put in some language as to why we were denying the petition.
Commissioner Smith said there doesn't seem to be any degradation of the standard of service.  Service has to be adequate, safe and reliable.
Commissioner Nelson said to get some appropriate language.
Commissioner Smith said we have the option of responding with correspondence.
Don Howell suggested treating it as an informal complaint, if the petitioners are informed that they still have the option of going formal.
Gary Richardson suggested someone going up and meeting with the petitioners so they see they do get response, rather than just a letter.
Commissioner Smith asked if there was a person carrying the petition?  Suggested staff kicking around the idea of meeting with the petitioners.  But think there should be a response soon.  
11.  Terri Carlock's July 18, 1995 Decision Memorandum re: WWP's Request for Authority to Transfer all Security Authorizations to Resources West Energy Corporation simultaneously with the merger; PAC-S-95-2; RWC-S-95-1.
Commissioner Nelson questioned the "swaps".
Terri Carlock explained.
Commissioner Nelson said as long as we are not making them jump through too many hoops, would move we approve the application with staff recommendations.
Other commissioners concurred.
10. EUW-W-95-1  United Water Eagle - Certificate Application - Discussion re Procedure (Scott Woodbury).
Scott explained this concerns United Water Eagle - a subsidiary of United Water Idaho.  Commission permitted a stay of the proceeding to accommodate purchase of Eagle Water, by United Water Idaho.  That attempt has been unsuccessful.  The offer was last rejected July 10.  Took this case over and is attempting to get it back on track.  Company asked for modified.  Commission has yet to issue an order.  Staff knows Eagle Water opposes modified procedure and will request a hearing.  Eagle Water also on July 18 filed application to expand its certificated area.  There are a couple of overlapping areas in these requests.  There are also significant areas with no specific request in each application.  Think what we have here is not an uncontested application.  It is staff's position that public interest would not be served by Eagle Water not having a hearing.
Would propose as an alternative, to set both cases for prehearing conference.
Commissioner Smith asked what would be the purpose of the prehearings?
Scott woodbury said to determine whether one case could be stayed until completion of the other.  They are not entirely an overlap of areas.  Could determine that at prehearing.
Commissioner Smith asked if we couldn't grant the certificates on the uncontested areas and set the others for hearing.  Why should everyone wait?
Scott Woodbury said he hasn't had conversations with United about the new developments, but have with Eagle.
Commissioner Smith said it is questionable whether Eagle Water needs to amend their certificate.
Scott Woodbury said staff hasn't had an opportunity to examine Eagle Water's application.  Question before the Commission now is:  should United Water Eagle be set for a prehearing conference?
Commissioner Nelson said there is no question that part of it is going to be contested.
**Set scheduling for contested part.
Don Howell suggested discussing the uncontested part at prehearing also.
**Will schedule prehearing conference.
Randy Lobb said he thought everything was contested.
Adjourned at 1:30 p.m.
Dated at Boise, Idaho, this 21st day of July, 1995.
Myrna J. Walters
Commission Secretary
mjw
072095.min