19950911_2.docx

MINUTES OF DECISION MEETING
September 11, 1995 - 1:30 p.m.
In attendance at this time were:  Commissioner Ralph Nelson, Marsha H. Smith and Dennis Hansen and staff members Weldon Stutzman, Scott Woodbury, Don Howell, Wayne Hart, Madonna Faunce, Bill Eastlake, Eileen Benner, Birdelle Brown, Randy Lobb, Ron Law, Stephanie Miller, Brad Purdy, Tonya Clark and Myrna Walters.
Also in attendance were Greg Said of Idaho Power Company and Don Reading.
Commissioner Nelson called the meeting to order at 1:30 p.m.
Items from the September 11, 1995 Agenda were discussed and acted upon as follows.
1.  Regulated Carrier Division Agenda dated September 11, 1995.
Commissioner Smith moved approval of the item.  Commissioners Nelson and Hansen concurred.
2.  Brad Purdy's August 28, 1995 Decision Memorandum re:  Case No. IPC-E-95-5:  Application of Idaho Irrigation Pumpers Association for Intervenor Funding.
Was discussion on the amount suggested by Idaho Power Company.  Commissioner Nelson asked if anyone on staff had calculated the rate?
It had not been checked.  Randy Lobb will do so.
Application was approved, subject to a check of the calculation, by staff.
3.  Madonna Faunce's September 6, 1995 Decision Memorandum re:  Pacificorp dba Utah Power & Light, Tariff Advice No. 95-2 - Direct Pass-Through of Reduction in BPA Regional Act Exchange Credit.
Commissioner Smith asked if there had been any notice given of this?
Commissioner Nelson commented he didn't know what we could do about it.
Madonna Faunce set it is beyond UPL's control and the IPUC's.
Commissioner Smith asked about overearnings of the company?  Would like some notice that the notice requirement has been met.
**Terri Carlock was in attendance at this time.
Commissioner Hansen said he wondered if they could absorb this amount?
Madonna Faunce said that in 1994, her audit showed that they were not overearning.
**Was approved with the caveat that proper notice has been given.
4.  Birdelle Brown's September 6, 1995 Decision Memorandum re:  GTE Advice 95-10 to Introduce a New Toll Restriction Plan, effective September 12.
Birdelle Brown explained that the purpose of the filing is if you want to control one phone in a multi-phone home.
Approved - should include ACM option.  Yes to all three questions.
Birdelle asked how the company should be told that their service reps as required to discuss ACM with customers who inquire about toll restriction service?
Commissioners asked that she write to the company and that she put this in a "tickler" file to check on in a few months.
5.  Bev Barker's September 7, 1995 Decision Memorandum re:  AT&T Tariff Filing Addressing Minimum Bills.
Commissioner Hansen asked why it was that AT&T didn't want to state the minimum in their price list?
Don Howell explained.  Said in this particular case it is change to their interstate tariff filed with the FCC and also has an impact in Idaho.  They have basically thrown in the towel and are going to state there is a minimum bill.  They will file a copy of their notice.
Commissioner Nelson asked - if they change it with the FCC, will they notify us?
Don Howell replied - what staff and company have agreed to is, anything they change they will let the Commission know.
Wayne Hart said they would file a tariff saying they are in conformance with FCC requirements.
**If company sends copy of the customer notice, filing will be approved.
6.  Scott Woodbury's September 7, 1995 Decision Memorandum re:  Case No. HPN-W-94-1 (Revisited) Homeowner Petition July 28, 1995 Hillside Water System/Hayden Pines Water Company.
After brief discussion, was decided there is nothing for the Commission to do right now - - this was an update.
7.  Scott Woodbury's September 8, 1995 Decision Memorandum re:  Case No. IPC-E-95-14  Agreement for Electric Service--Micron tariff Change--Schedule 26--Micron.
Scott Woodbury said the rates are the same as are presently in effect - does change the contract demand.
Approved modified.
8.  American Heritage Complaint, Case No. IPC-E-95-13.
Commissioners have read IPC's response.  
Developer was arguing he shouldn't have to bear the $50,000 for the feeder upgrade.  
Staff is pursuing some information negotiations.  Staff has not reached a resolution.  Developer still feels the same, that he wants to know a firm dollar amount that he is going to be held to.  If it is the full amount, he cannot afford to put in the subdivision.  They are platted, but not sold.
Commissioner Nelson said he didn't have a problem with the company's suggestion but didn't know how we can make a decision now.
Don Howell explained why the subdivision had to go to three-phase.  We are not in a position to give a staff recommendation and we don't have response back from the developer.  In 10 days will have staff recommendation.  Will put it back on the agenda for the next decision meeting.
A.  Wayne Hart's September 8, 1995 Decision Memorandum re:  Complaint of Brad and Diane Schrader about Line Extension Cost Estimates Provided by Idaho Power.
Greg Said of Idaho Power Company spoke to the matter.  Said Idaho Power's feeling is they are bound by the tariff and whatever information was communicated, without blaming the company or the receiving person, on information whether it was correctly given or not, the tariff does provide for "beyond unusual conditions" and averaging the costs and ultimately the customer was given the right cost.  We feel we don't have the right to deviate from the tariff but the Commission does have the authority to set aside the tariff.
Commissioner Hansen said - when a fax is sent out - it should have said it is only an estimate and it is not binding.  They could have been easily misled that was the total amount.  
Why wasn't it put on the estimate that it is only an estimate, that it is not binding?
Commissioner Nelson said you don't know what was said over the phone that was not in the fax.  Thought that the settlement offer was fairly fair.
Commissioner Smith said they ought to at least pay the $1,187 and if there are unusual conditions, decide those at the time.  If they ran into unusual conditions, would decide that later.
In order to get the house done, pay the $1,187 and find out if there are unusual conditions.  
**Is not a formal case at this time.
Commissioner Nelson commented he didn't find Idaho Power's facts misleading.
**Does leave the customers a little bit up in the air - but sounds like a misunderstanding.
9.  Weldon Stutzman's September 8, 1995 Decision Memorandum re:  Case No. 31-6101-9502; Amendment to Motor Carrier Rule 51 to Reduce Interstate Motor Carrier Registration Fee.
Commissioners approved issuing the final rules.
Meeting adjourned.
Dated at Boise, Idaho, this 14th day of September, 1995.
Myrna J. Walters,
Commission Secretary
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