19960205_1.docx

MINUTES OF DECISION MEETING
February 5, 1996 - 1:30 p.m.
In attendance at this time were Commissioners Ralph Nelson, Marsha H. Smith and Dennis Hansen. Also in attendance were staff members Don Howell, Ron Law, Bev Barker, Dave Schunke, Gary Richardson, Scott Woodbury, Susan Hamlin, Birdelle Brown, Brad Purdy, Rose Schulte, Bob Smith and Myrna Walters
Commission President Ralph Nelson called the meeting to order.
Items from the February 5, 1996 Agenda were discussed as follows.
1. Case No. WWP-G-96-1. Proposed revision to Washington Water Power Company Transportation Service Schedule 146. Discussion re: Procedure. No decision memo - Scott Woodbury.
Scott Woodbury explained the filing - it came in as a tariff. Company proposed to change Schedule 146. In review it appears it is appropriate that it go out under modified procedure. They had a similar filing in the State of Washington - one of the aspects is penalties. It was determined in Washington that the penalties were not large enough to bring about the decided change in conduct and they approved larger amounts. So that change should at least go out by way of notice. It allows staff to look at it. Scott spoke to Brian Hirschkorn of WWP about the filing.  
Filing does need to be suspended because of a requested February 16 effective date. Scott suggested a March 15 suspension period and put it out on modified procedure.
Part of the filing is it eliminates firm - they have three interruptible customers under this schedule. Listed several other aspects of the filing.  
Commissioner Smith asked about the penalties proposed in Idaho.
Scott replied they are the same as proposed in the state of Washington - they are higher than FERC.
Commissioners approved suspension of the filing to March 15 and putting it out on modified procedure.
2. Birdelle Brown’s February 2, 1996 Decision Memorandum re: GTE Advice 96-02 to clarify Toll Restriction Tariff, effective February 20, 1996.
Commissioner Nelson asked what the housekeeping changes were?
Birdelle Brown explained.
Commissioner Nelson asked  - if commissioners approve this advice, will it speak to rates?
Birdelle said it would not change rates - it clarifies definitions, puts words together and are more easily understood. The tariff that was suspended remains the same. This has nothing to do with toll restriction. It is to clean up language and page breaks.
Commissioner Hansen said he didn’t understand cleaning up language in a tariff that would have happened had Advice 95-10 been approved.
Birdelle said she would be happy to put together some information for the Commissioners.
Decision was to hold the matter until the February 12 decision meeting and Birdelle will get more information to the Commissioners.
3. Petitions for Reconsideration in Packsaddle Water Case - Case No. GNR-W-95-1.
Even though this was a fully-submitted matter, Commissioners chose to discuss the petitions for reconsideration, at this time.
Commissioner Nelson reviewed the matter.
Commissioner Hansen, hearing chairman for the case, said personally he thought at the hearing that day, these people thought they were going to purchase the system so they didn’t look very closely and didn’t pay attention to the record. That day they thought it was a done deal. The public fails to understand the procedures. They should have cross-examined staff and asked the questions they now have. Some petitioners didn’t realize they needed to be there, didn’t realize they had an opportunity to discuss, submit testimony, etc., but think the circumstances prevented it. Said he was leaning towards having a chance for reconsideration. They brought up some good points about the rates. Can see their view.
Commissioner Nelson asked about procedure and timing?
Thirteen weeks from date of filing of petitions for reconsideration (January 24) would be April 24. Discussed hearing date.
Commissioner Smith said she also thought Commission should go back. They thought it was a done deal at that time. We have to go back. Do think the comparisons the Lingle/Patel petition made comparing Packsaddle to other systems is irrelevant. Don’t know how to nicely tell them that information isn’t useful to us. We only look at information pertinent to this system.
Would grant the petitions and put the company on notice about the questions being asked. Tell the company they will need verification of actual expenses.
Was discussion on the request to stay rates.
Commissioner Nelson said he would leave them in effect, as is.
Commissioner Hansen said he supported that.
Commissioner Nelson said prior rates weren’t set by the Commission.
After brief discussion, Commissioners agreed that the petitions for reconsideration should be granted but that the rates be left in place.
**Petitioners are also to prefile testimony.
Meeting was adjourned at 1:55 p.m.
Dated at Boise, Idaho, this 5th day of February, 1996.
Myrna J. Walters, Commission Secretary
19960205.min