19961022_1.docx

MINUTES OF DECISION MEETING
October 22, 1996 - 9:30 a.m.
In attendance at this time were: Commissioners Ralph Nelson and Marsha H. Smith. *Commissioner Dennis Hansen was unable to attend, due to cancellation of his flight into Boise this morning. Also in attendance were: Don Howell, Brad Purdy, Susan Hamlin, Weldon Stutzman, Bev Barker, Randy Lobb, Rick Sterling, Gary Richardson, Bill Eastlake, Joe Cusick, Ron Law, Tonya Clark, Stephanie Miller and Myrna Walters. Also in attendance were Mary Hobson and John Souba of U S West; Eileen Benner of AT&T; Maggie Brilz of Idaho Power Company; Mr. Lukes of Rocky Mtn. Communications  and Neil Colwell of WWP.
Commission President Ralph Nelson called the meeting to order at 9:30 a.m. Announced that Commissioner Hansen was not in attendance and that some items would need to be held until next week’s decision meeting.
Items from the October 22, 1996 were acted upon as follows.
1. Regulated Carrier Division Agenda dated 10-22-96.
Commissioner Smith made a motion to approved RCD Agenda; Commissioner Nelson concurred.  
2. Weldon Stutzman’s October 18, 1996 Decision Memorandum re: Request from Preston and Montpelier Telephone Exchange Customers for Inclusion in the southeast Idaho EAS Region.
*This matter was held until the October 28, 1996 Decision Meeting.
3. Complaint by Rocky Mountain Communications vs. U S West Communications; Motion for Order to Show Cause.  
Was decided because of the timing and urgency of resolution of this matter, that it would be discussed today with only two Commissioners present.
Commissioner Smith said it seemed appropriate to her given the mail snafu that the Motion for Default should be denied. Also in light of the fact that the Response has been filed, should also deny the Motion to Show Cause. Both are now filed and can be decided.  What we do with the complaint and answer should be held until Commissioner Hansen is here.
Commissioner Nelson commented - we do want to move expeditiously, for Rocky Mountain but another week does give the parties an opportunity to settle. Would anxiously await a report if that happens.
Weldon Stutzman said in review - decision is to deny both motions, asked if the commissioners would to schedule a hearing on the merits of the complaint? Perhaps it would be a good idea to schedule a prehearing.
**Decision was to deny both motions and set a prehearing conference for Friday afternoon (October 25).
4. Brad Purdy’s October 15, 1996 Decision Memorandum re: Case No. IPC-E-96-19 - Idaho Power’s Petition for a Declaratory Ruling that Risk Management Transactions are not Securities subject to Title 61.
Only question of the commissioners was should it go out on modified procedure.
Commissioners Nelson and Smith agreed it should.
5. Brad Purdy’s October 18, 1996 Decision Memorandum re: Case No. IPC-E-96-17 Idaho Power’s Application to Amend Schedule 19 to Provide for Special Contract Options to Customers 10 MW and Above.
**Held until October 28, 1996 Decision Meeting.
6. Bill Eastlake’s October 17, 1996 Decision Memorandum re: GTE-T-95-3 - Local Calling Plan.
**Held until October 28, 1996 Decision Meeting.
7. Joe Cusick’s October 18, 1996 Decision Memorandum re: Case No. USW-S-94-4 - Compliance Filing on Switched Access Rates for Purchased Exchanges in U S West Sale Case.
Approved tariff filing.
8. Idaho Power Company Advice No. 96-06 - Off-site Meter Reading Service.
*Held until October 28, 1996 Decision Meeting.
9. Susan Hamlin’s September 26, 1996 Decision Memorandum re: Case No. GNR-T-96-4 - Proposed Procedural Order, Summary of Comments.
*Held until October 28, 1996 Decision Meeting.
10. (Fully Submitted Matter) IPC-E-95-18 In the Matter of the Application of Idaho Power Company for Approval of New Tariff Provisions Relating to the New Service Attachments and Distribution Line Installments or Alterations.
This matter will be discussed in a private deliberation session since it is a fully-submitted case.
11. UP-RR-96-2 In the Matter of the Union Pacific Railroad’s Proposed Abandonment of the Gay Branch between Fort Hall and Gay in Bannock and Bingham Counties, Idaho.
Commissioner Nelson said it was his opinion that there was nothing solid enough to allow the PUC to petition the Surface Transportation Board for further proceedings
Commissioner Smith said she agreed with that and said she thought no amount of evidence needed to convince the appropriate authority was there - evidence is lacking and it would not be a wise use of our resources to pursue that. We provided all the information to the Tribe. If they wish to pursue on their own they can but on the part of the state there isn’t a chance - don’;t think it is good use of our resources.
Commissioner Nelson asked that the Tribe be called and information of the PUC decision here today.
Meeting was adjourned.
Dated at Boise, Idaho, this 23rd day of October, 1996.
Myrna J. Walters, Commission Secretary