19960606_1.docx

MINUTES OF DECISION MEETING
June 6, 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, Susan Hamlin, Brad Purdy, Weldon Stutzman, Rick Sterling, Ron Law, Tonya Clark, Birdelle Brown, Don Oliason, Bill Eastlake, Gary Richardson, Randy Lobb, Bev Barker, Joe Cusick, Jim Long, Eileen Benner, Marge Maxwell, Wayne Hart and Myrna Walters. John Souba of U S West, Peter Richardson, Attorney at Law  and Katriana Ayers of Dept. of Education were also in attendance.
Commission President Ralph Nelson called the meeting to order.
Items from the June 6, 1996 Agenda were discussed and acted upon as follows.
1. Regulated Carrier Division Agenda dated June 6, 1996 and 1A. Supplemental Regulated Carrier Division Agenda dated June 6, 1996.
Commissioner Hansen made a motion to approved the RCD Agenda and Supplemental Agenda. Commissioner Smith seconded the motion; Commissioner Nelson concurred.
2. Update on Idaho Power’s Case No. IPC-E-96-2 Pilot Irrigation Program. (Matter held from May 13, 1996 Decision Memorandum, until After June 1, per request of Idaho Power Company). (BP)  
Held at this time.
2A. Discussion on how to process updated avoided cost variable filings - Idaho Power Company, Washington Water Power Company and Utah Power.
Filing is actually by WWP only. Brad Purdy explained that filing. Said if the deficit year issue isn’t handled by July 1, there may be two rates.  
Rick Sterling suggested the Commission could take action on the Colstrip and natural gas updates and defer action on the deficit year request of WWP. Only WWP’s rates would be suspended. Other two companies could utilize those rates July 1.
Commissioner Smith asked if this was done on modified procedure in the past?
Brad Purdy said his recommendation is to put it out on modified. Would propose that the Commissioners consider the non-deficit year as a non-issue in this.
Randy Lobb said he understood this to be a compliance filing. Does it need to go out on modified?  
Commissioner Nelson commented it looked like staff could do a review of the two issues and set out the deficit year.
Brad Purdy will check on it.
Commissioner Smith commented there is no condition on how the Colstrip is to be made. Asked staff to check those calculations and suspend issue of first deficit year.
Other commissioners concurred.
3. Susan Hamlin’s May 29, 1996 Decision Memorandum re: Valley View Water system.
Commissioners are being asked if it was okay to open a formal case on this matter and for staff to do an audit.
Decision was to go with staff recommendation - open case, do audit.
4. Scott Woodbury’s May 30, 1996 Decision Memorandum re: Case No. IPC-E-96-8 Lowline II Hydroelectric Facility First Amendment.
Decision was to approve amendment - by Minute Entry.
5. Marge Maxwell’s June 4, 1996 Decision Memorandum re: Washington Water Power’s IPUC Tariff No. 25 Revision to Schedule 58 to Reflect New Franchise Fee for City of St. Maries.
Commissioners approved acceptance of the schedule.
6. Weldon Stutzman’s June 3, 1996 Decision Memorandum re: Case No. IPC-E-96-9, Idaho Power’s Petition for a Declaratory Order regarding the Leasing of Dark Optical Fibers. Discussion re: further procedure.
Was discussion on the proposed 30-day comment period. Decision was to go with standard 21 day comment period rather than staff-recommended 30-day period.
7. Weldon Stutzman’s June 4, 1996 Decision Memorandum re: GTE Tariff Advice No. 96-09; tariff Filing to Add Rates, Terms and Conditions for Intralata Equal Access.
Commissioner Smith asked if this was the filing that replaced the haring in GNR-T-94-5 (interlata equal access case)? Does Commission anticipate that there will eventually have to be a hearing? If we are going to have to have a hearing, why first embark on modified procedure?
Weldon replied - don’t believe at this time that this tariff can’t be handled by modified procedure.
Commissioner Smith asked if it would make sense to have an earlier date in which to have people tell the Commission whether or not a hearing is needed?
Weldon said that could be done.
Commissioner Nelson asked why the 45-day comment period?
Weldon replied it was because of the size the filing, to give people time to look at it.
Decision was:   Suspend tariff; give 45 days for comment and ask to let Commission know earlier if hearing is needed.
**Company had asked for September effective date of the filing. Will give 21 day for response to request for hearing.
8. Birdelle Brown’s June 3, 1996 Decision Memorandum re: Citizens Advice ID-95-05 to reduce Carrier Common Line Access Rates, effective July 1, 1996.
Approved.
9. Jim Long’s June 3, 1996 Decision Memorandum re: U S West Advice 96-06-N Introducing a New Residential Optional Calling Plan, Eliminates the Nonrecurring Charges for Various Other Calling Plans With a Requested Effective Date of June 15, 1996.
Jim commented that there was wording in the tariff advice referring to “surcharge. Order in GNR-T-92-14 specifically said it should not be called a surcharge.  
Commissioners approved filing, with the appropriate wording change being made.
10. Comments on the ICTL’s Education Communications Proposal, Case No. USW-S-95-1.
Commissioner Hansen said the amended numbers met with his approval. Thought it was a good job. Recall that commission adopted the amended proposal. Don’t have a problem with it.
Decision was that U S West could go ahead and direct payment to the Department of Education to disburse.
Commission does want final accounting from the libraries and school districts.
Commissioner Smith said she did think the July 1, 1997 reporting date was possibly too quick. Liked the suggestion that the timing for the final report could be set by the Department of Education.
Katriana Ayres of Dept. of Education spoke to the timing for the report. Said school districts report October 31 for the previous year’s grants. Discussed October 15, 1997 as reporting due date. After discussion was decided that December 1, 1997 would be an appropriate filing date.
Commissioner Nelson commented he would have liked to have had private schools included in this, but it is too late now.
11. Certificate Requirements for Telecommunications Providers Requesting a Certificate of Public Convenience and Necessity.
Commissioner Smith had a question - asked if it was staff’s proposal that on the requirements on Page 3 of the Decision Memo - that this needed to be done by rulemaking?
Joe Cusick said no. Procedurally are okay - put those cites in as requirements.
Commissioner Smith asked about doing this on modified procedure? Wonder if some of the possible providers agree on the financial reporting requirements.
Joe commented he didn’t think the required information was onerous.
Commissioner Nelson said he wouldn’t mind putting it our for comment and let “them” take potshots at it.
Joe Cusick spoke to the bonding requirement. Would like to expand that when it goes out for comment. Thought as it was, was too broad.
Commissioner Hansen said if its going to go out on modified its okay, would like to hear from the industry.
Commissioner Smith said she would like for them to tell us what is appropriate if they don’t think what is there is okay.
These are not put there to be a barrier to competition, this information is what we think is required.
Hearing no further business, Commission President Nelson adjourned the meeting.
Dated at Boise, Idaho, this 10th day of June, 1996.
Myrna J. Walters
Commission Secretary