19960201_1.docx

MINUTES OF DECISION MEETING
February 1, 1996 - 1:30 p.m.
In attendance this time were:  Commissioners Ralph Nelson, Marsha H. Smith and Dennis Hansen and staff members Scott Woodbury, Susan Hamlin, Weldon Stutzman, Keith Hessing, Randy Lobb, Syd Lansing, Birdelle Brown, Carol Cooper, Bev Barker, Ron Law, Tonya Clark, Terri Carlock, Gary Richardson, Jim Long, Stephanie Miller and Myrna Walters.  Also in attendance was Dave Hoffman, U S West Complainant; John Souba, U S West; Jeanette Bowman, Idaho Power Company.
Commission President Ralph Nelson called the meeting to order at 1:30 p.m.
Items from the January 31, 1996 (rescheduled to February 1, 1996) Decision Meeting were discussed as follows.
1.  Regulated Carrier division Agenda dated January 31, 1996.
Commissioner Hansen moved approval, Commissioner Smith seconded and Commissioner Nelson concurred.
2.  Susan Hamlin's January 29, 1996 Decision Memorandum re:  Case No. UP-RR-95-2; Union Pacific's Proposed Abandonment of the trackage between MP7 at Maddens and MP24 at Emmett.
Commissioner Smith said the question she had was  - the statute says the Commission "shall" hold a hearing.  Shall we hold a hearing?
Commissioner Nelson said the Commission's previous experience has been that without shipper support, appealing to the ICC or the successor thereto, we wouldn't even get a hearing without some shipper support.  It appears the issue raised by the United Transportation Union on not being able to hook up to the main line in Payette was a temporary situation.  That has been corrected.  Said he was not excited about holding a hearing we wouldn't get any shippers to.  Asked if we have looked for shippers, for their support?
Ron Law responded that staff visited with all the shippers in Emmett, last August, that shipped over the line.  Contacted them again the first part of January to see if they had any interruption in service.  Tried to do a thorough job of visiting with shippers.
Commissioner Hansen commented - in the comments by staff, you say you talked to community leaders, elected officials, was that in the fall?
Ron replied the mayors of Emmett and Middleton and the Gem County Commission Chairman were contacted in early August but not a second time, like the shippers.  Didn't reconnect with those people.
Commissioner Hansen said he thought staff had done a fairly thorough job and personally can't see that we would gain any more meaningful information than we have, by holding a public hearing.  Feel we have enough information to base an order on.
Commissioner Nelson asked if the order should say - we find nothing that would warrant supporting opposition to abandonment?
Commissioner Smith said we may or may not have enough information, but the statute says "we shall" hold a hearing.  If it says you shall and you don't, we will have a problem.
Commissioner Hansen asked if the Commission has always held hearings on all abandonments?
Commissioner Smith said she could think of one where the Commission went modified.
Commissioner Nelson said if that is what the statute says, lets notice it up for hearing.
**Hearing will be scheduled.
3.  Staff's Motion to Reschedule Hearing and Proceeding Deadlines in GNR-T-94-5.
Commissioner Nelson was hesitant to wait three months on this - asked what the reasoning for the delay was?
Weldon Stutzman responded that part of the problem was that people were having a hard time meeting deadlines for responding to production responses.  He had talked to the parties and they didn't have a problem with the new schedule.
Commissioner Smith asked about the Telecommunications Legislation in Congress?
Commissioner Hansen said he would encourage moving this along as quickly as we can.
**Agreed to the schedule as set out by staff, but commissioners asked that the hearing be held in June, not June OR July.  
Telephone Company filing dated 1-23-96 to raise Idaho USF Surcharge - effective 10-1-95 and
5.  Jim Long's January 25, 1996 Decision Memorandum re:  Potlatch Telephone Company filing dated 1-23-96 to raise Idaho USF Surcharge - effective 10-1-95.
Commissioner Smith moved approval of items 4 and 5; Commissioner Hansen seconded the motion; carried.
6.  Scott Woodbury and Don Oliason's January 24, 1996 Decision Memorandum re:  Hayden Pines Water Company  Case No. HPN-W-94-1.
Scott Woodbury said the company indicates it is premature to begin implementation of use of a SCADA instrument and staff agreed.  Company's plans are to continue looking at it and begin installation in 1997, if possible.  Staff believes that the equipment that would be best used would be in the area of Packsaddle and there are only a small number of customers up there.  Not sure of finances of the company.  The dollar investment is the problem.  They still appear to be committed to doing it but not until next year.
Commissioner Nelson asked if there was any objection to letting them defer this?
Commissioner Smith suggested doing a Minute Entry and note the company investigated and reported as they were ordered.
Commissioner Nelson explained the system.  Agreed to deferring this for now and doing a Minute Entry.
7.  Scott Woodbury's January 24, 1996 Decision Memorandum re:  Case No. WWP-E-96-1  Termination of Energy Efficiency Grant Program.
Scott Woodbury said he noticed that the last decision meeting in February was Feb. 20 and the company is asking for a March 1 effective date.  Wanted to shorten the comment period.
Discussed the March 1 effective date.  Decided that the tariff should be suspended until March 15 and the matter go out for comment for the usual amount of time.
8.  Scott Woodbury's January 26, 1996 Decision Memorandum re:  Case No. IPC-E-96-1  Sunshine No. 2 Hydro Project  Schedule 86  Non-firm Energy Uniform Agreement.
Commissioner Nelson asked what the difference in rates was from Brown to the new successors in interest - McMillans?
Scott Woodbury said they will be actual tariffed rates.  There is no different.  It is just a name substitution.
Approved.
9.  Carol Cooper's January 29, 1996 Decision Memorandum re:  David Hoffman Complaint.
Commissioner Nelson commented it appeared this is what was in place in 1995 (date of last USW rate case) and there have certainly been some changes since then.
Commissioner Hansen said he was intrigued by this and would like to see it as a formal complaint.  Would like to see the Commission investigate it.
Weldon Stutzman said there is a statutory requirement of 25 signatures before a "rate" matter can go formal.  Commission may, though, initiate an investigation.
Commissioner Smith asked Weldon if he could think of a way to do this without looking at all of U S West's rates?
Weldon said it would be difficult.
John Souba of U S West asked if he could speak at this time?
Commissioner Nelson said he didn't think the Commission was set up today for an informal hearing.  Mr. Hoffman would also have to have an opportunity to speak if Mr. Shouba did.
Decision was:  matter will be held at this time.  Staff will get Mr. Hoffman a copy of the statute speaking to the need for "25 signatures".
10. Terri Carlock's January 26, 1996 Decision Memorandum re:  Pacificorp's Common Stock Shelf Issuance  Case No. PAC-S-93-4.
Approved.
11.  Scott Woodbury and Keith Hessing's January 26, 1996 Decision Memorandum re:  Case No. IPC-E-94-3  Cancellation of Meridian Firm Energy Sales Agreement  IPCO Petition for Clarification of Order No. 25533.
Since this matter was "Fully Submitted, Commissioners adjourned the regular decision meeting and adjourned to a private deliberation session.
Dated at Boise, Idaho, this 2nd day of February, 1996.
Myrna J. Walters
Commission Secretary
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