19950929_2.docx

MINUTES OF DECISION MEETING
September 29, 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, Ron Law, Weldon Stutzman, Don Howell, Syd Lansing, Bev Barker, Birdelle Brown, Rick Sterling, Bill Eastlake, Jim Long, Bob Smith, Joe Cusick, Judy Stokes, Randy Lobb, Eileen Benner and Myrna Walters.  Also in attendance were Jim Wozniak and John Souba of U S West.
Commission President Ralph Nelson called the meeting to order.
Items from the September 29, 1995 Decision Meeting were discussed as follows.
1.  Robert Horton’s September 25, 1995 Decision Memorandum re:  Request for Waiver of Commission’s Railroad Clearance Rules (Case No. IN-RR-95-2).
Commissioner Smith moved approval of Item 1.  Commissioners Hansen and Nelson concurred.
2.  Don Howell’s September 27, 1995 Decision Memorandum re:  UP’s Application to Close its Idaho Freight Agencies, Case No. UP-RR-95-4.
Was discussion on where to hold hearings.  Commissioner Nelson said Sandpoint and Montpelier.  Commissioner Smith said Sandpoint, Idaho Falls and Pocatello.  Commissioner Hansen said - all of them.  Think there are a lot of shippers involved and think we should visit all the towns.  Is concerned about the small communities.
Decision was to hold hearings - administrative details can be filled in later.  Staff will work out hearing dates with the hearing chairman.  
Discussed prefiling of intervenor testimony.
3.  Birdelle Brown’s September 18, 1995 Decision Memorandum re:  Citizens Telecommunications Company Advice ID-95-05 to Clarify the Effective Date of Removal of Rural Zone and Touchtone Service Charges Effective October 1.
Birdelle said it is actually an effective date change.
Commissioner Nelson commented if we said in our decision before that they should eliminate that charge October 1, shouldn't we ask for a credit in January?
Birdelle Brown said she was inclined to say if they can't get the upgrades until then, don't make it effective until then.  
Commissioner smith asked - didn't we say that they should make it effective when the upgrade was completes and estimated October 1 as the date?
Birdelle Brown said yes - did think they would make October 1.
Commissioner Smith said it was okay with her.
Approved by all three commissioners.
4.  Birdelle Brown's September 25, 1995 Decision Memorandum re:  GTE Advice 95-12 to Revise Universal Service Fund Surcharges effective October 1, 1995.
Approved.
5.  Birdelle Brown's September 25, 1995 Decision Memorandum re:  GVNW Filing Dated September 15, 1995 to Raise Idaho Universal Service Fund Surcharge effective October 1, 1995 for Six Companies.
Approved.
6.  Judy Stokes' September 26, 1995 Decision Memorandum re:  Petition Requesting U S West to Provide North Shoshone Customers with an Adequate Back-up Telephone System During Power Outages.
Normal procedure would be to issue a summons to U S West.  
John Souba of U S West spoke to the problem.  Said there is a carrier system there that feeds 90 customers.  Have run into a problem with lightning strikes.  Power goes out and the system goes to battery backup.  It trips the circuit breaker also.  Then it requires a technician to fix that.  Have taken a couple of corrective actions.  Added batteries and have modified the circuit breaker amperage to keep those from occurring.
Commissioner Nelson asked about the alarm.  Asked if someone is there to hear the alarms?  
John Souba replied it is in the process of being moved from Minnesota to Denver, CO.  
Commissioner Nelson said he would approve issuing a summons and getting an answer so we can give that information to the customers.
Commissioner Smith commented a summons turns it into a complaint case and it sets it up somewhat like a court case.  Other option is to open an investigation and charge staff to go out, send production requests or ask for written response.  Think we might not have a 21 day gap in the response time and think at least in the past, the company has appreciated the investigative mode rather than a summons and complaint mode.  That would be one way to do it.
Commissioner Nelson said he thought that was an excellent solution.  Do want something back in writing.
Commissioner Smith said - especially if company has done something, customers could be notified of what has been done.
Decision was - open an investigation.
7.  Joe Cusick's September 26, 1995 Decision Memorandum re:  Follow-up on U S West Communications' Compliance with IDAPA31.41.503.03.  Rule Requiring that 90% of All Out-of-Service Troubles be Cleared Within 24 Hours.
Was brief discussion on holding the item - Commissioner Nelson suggested the October 5 decision meeting - Commissioner Hansen suggested October 17, after U S West comes in with their report.
Will be brought back on the 17th.
8.  Weldon Stutzman's September 26, 1995 Decision Memorandum re:  Case No. CEN-T-95-1  Agreement Between Century Telephone Company and Lemhi County for 911 Services.
Weldon Stutzman said staff didn't have a problem with the arrangement but did think it wouldn't have had to be a contract, could have been a tariff.
Decision was:  assuming the provisions in the contract are acceptable, it is approved.
9.  Scott Woodbury's September 26, 1995 Decision Memorandum re:  Case No. TRH-W-95-1  Troy Hoffman Water Corp.--General Rate Case.
Approved staff recommendation.
10. Beverly Barker's September 27, 1995 Decision Memorandum re:  Idaho Power Tariff Advice No. 95-06 Revision to Sch. 95 to Reflect New Franchise Fee.
Commissioners approved filing - is to say "accepted for filing", not approved, as other tariffs.
Meeting adjourned.
Dated at Boise, Idaho, this 3rd day of October, 1995.
Myrna J. Walters
Commission Secretary
19950929.min