19970318_3.docx

MINUTES OF DECISION MEETING
March 18, 1997 - 8:30 a.m.
In attendance at this time were Commissioners Ralph Nelson, Marsha H. Smith and Dennis Hansen and staff members Brad Purdy, Scott Woodbury, Ron Law, Joe Cusick, Rick Sterling, Stephanie Miller, Wayne Hart, Keith Hessing, Birdelle Brown, Randy Lobb, Dave Schunke and Myrna Walters. Also in attendance were Teresa Banks of Idaho Power Company and Joe Miller, Attorney at Law.
Commission President Ralph Nelson called the meeting to order.
Items from the March 18, 1997 Agenda were discussed and acted upon as follows.
1A. Regulated Carrier Division Agenda Dated March 18, 1997.
Approved.
1. Jim Long’s March 10, 1997 Decision Memorandum re: Citizens Telecommunications Company dba Citizens Telecom Tariff Advice 97-01 Proposes Competitive Local Exchange Rates.
Approved.
Items 2 - 6 regarding Various Filings addressing FCC Docket 96-128 and Docket 96-388, were held at this time.
7. Marge Maxwell’s March 12, 1997 Decision Memorandum re: Idaho Power Company’s Tariff Advice No. 97-01 Revision to Schedule 95 to Reflect New Franchise Fee for City of Carey.
Commissioner Smith made a motion approving the filing; Commissioner Hansen seconded the motion; Commissioner Nelson concurred.
8. Wayne Hart’s March 13, 1997 Decision Memorandum re: Application of Max-Tel Communications for a Certificate of Convenience and Necessity to Offer Competitive Local Exchange Service; Approval of Max-Tel’s Tariff; Approval of Interconnection Agreement between U S West and Maxtel.
Approved putting  the application out on modified procedure, for comment period.
9. Birdelle Brown’s March 13, 1997 Decision Memorandum re: Petition to Include Portions of Caribou and Bonneville Counties in the Eastern Idaho Extended Area Service (EAS) Region.
Approved staff recommendation to assign a new case number to the petition and investigate it concurrently with the Swan Valley/Irwin petition, Case No. USW-S-96-4.
10. Scott Woodbury’s March 11, 1997 Decision Memorandum re: Case No. UPL-E-97-1 RAMPP-4 Update (UPL).
Commissioner Nelson asked that this matter be held until the next decision meeting.
11. Scott Woodbury’s March 13, 1997 Decision Memorandum re: Case No. WWP-E-97-1 (MOPS) Water Power Amended Filing.
Scott Woodbury explained the amended filing - indicated an amended notice of application should be issued, but recommended that the comment period remain the same.
Commissioners agreed to that - if there is a problem, the date could be slipped.
12. Scott Woodbury’s March 11, 1997 Decision Memorandum re: Case No. UPL-E-96-5 Declaratory Ruling - Order No. 26772 Petitions for Clarification.
Commissioner Nelson said he thought the Commission Order was pretty clean, in his opinion.
Commissioner Hansen said he felt like when this was deliberated earlier, this was one of the first experiences with delving into the issue of qualifying facilities, that he participated in and looking at the jurisdiction of FERC versus the Commission, he personally would like to go back and take a second look at t his. In his mind they question the term project versus qualifying facilities, that is an area he would like to consider again, our responsibility versus FERC. See it as a case where we are setting precedence for these Qfs and would rather be sure of ourselves rather than coming back. Agree the order is pretty clean, but would like to take a second look at it.
Commissioner Smith said she would like to reconsider it also. Commission didn’t choose a position advocated per se by either side but fashioned our own remedy so in those types of cases think it is better to rehear.
Scott Woodbury said what the commission did choose was suggested by WWP in their initial filing.
Commissioner Smith asked if this could be done by briefs rather than hearing?
Scott Woodbury said he thought it could.
Reconsideration was granted, by briefing.
Meeting was adjourned at 8:45 a.m.
Dated at Boise, Idaho, this 19th day of March, 1997.  
                                                  Myrna J. Walters, Commission Secretary