19970423_2.docx

MINUTES OF DECISION MEETING
April 23, 1997 - 10:00 a.m.
In attendance at this time were commissioners Dennis S. Hansen, Ralph Nelson and Marsha H. Smith and staff members Weldon Stutzman, Scott Woodbury, Ron Law, David Scott, Stephanie Miler, Wayne Hart, Dave Schunke, Bill Eastlake, Birdelle Brown, Terri Carlock, Brad Purdy  and Myrna Walters. Also in attendance were Jim Wozniak of U S West, Eileen Benner of AT&T and Joe Miller, Attorney at Law.
Commission President Hansen called the meeting to order.
Items from the April 23, 1997, published agenda were considered and acted upon as follows.
Regulated Carrier Division Agenda dated April 23, 1997.
Commissioner Hansen asked Ron Law, RCD Administrator if he had anything to add to the agenda? Ron replied that the agenda spoke for itself.
Commissioner Nelson moved approval of the agenda; Commissioner Smith seconded the motion; it carried unanimously.
Birdelle Brown’s three items were then considered.
1. Birdelle Brown’s April 17, 1997 Decision Memorandum re: Petition from Tipanuk Subscribers of Rural Telephone Company to Join the Treasure Valley Extended Area Service (EAS).
Birdelle reviewed the petition. Commissioner Hansen asked if there were any questions?
Commissioner Smith said she had a comment - she remembered when there was no service to Tipanuk and when they got that service, the people were told they were not to then ask for EAS to Mountain Home.
After discussion, motion to open a docket in this matter passed unanimously.
2. Birdelle Brown’s April 17, 1997 Decision Memorandum re: GTE Telephone of Idaho Advice 95-5 to Update Idaho Telephone Assistance Program (ITAP) Surcharges Effective May 8, 1997.
Commissioner Hansen asked if there were any questions.
Hearing none, Commissioner Nelson made a motion to approve the Advice; Commissioner Smith seconded the motion; it carried unanimously.
3. Birdelle Brown’s April 17, 1997 Decision Memorandum re: Petition for an Expanded Area Service (EAS) in Blaine County.
Commissioner Smith voiced concern about the staff recommendation to look at the Magic Valley Area. Why did we do that if they didn’t ask for it?
Birdelle Brown responded that staff thought the citizens would ask for it anyway.
Commissioner Hansen asked - if we open a docket to investigate EAS in this area, wouldn’t all areas be covered if we are doing an investigation?   Don’t all issues come forth, concerns form the public, what would Commission be specifically looking at?
Birdelle Brown replied staff expected that when the citizens have the opportunity to come forward, if we don’t have the information up-front, we may not get what we need.  
Commissioner Hansen asked what the desire of the Commission was?
Commissioner Smith agreed it probably should be expanded, to get the information needed.
Passed unanimously.
4. Wayne Hart’s April 21, 1997 Decision Memorandum re: Pay phone Deregulation Tariffs for Local Exchange Companies, et al....
Wayne said that there has been some progress since the last decision meeting where this was considered. The FCC finally gave the PUCs the same time as they gave themselves. Their order does give utilities time to qualify for dial around. The tariffs are still to be approved effective April 15. At this time staff would recommend that the tariffs be approved as submitted and staff will look at the substance and subsidiary issues. The order did allow for refunds if the data shows it is incorrect.
Commissioner Hansen spoke to the May 5 report date. Asked if in that time frame staff could have a fairly thorough investigation in that short a time?
Wayne replied he didn’t think it will be any better if we wait one week. Think we can get as much as we are going to get by May 5. The quick time is to give Commissioners time to review the information also.
Commissioner Nelson made a motion to approve staff recommendation.
Eileen Benner of AT&T asked to speak.   She wondered if there would be a process regarding subsidies, if any of that data will be available to parties that pay the subsidy or will it just be reviewed by staff before it is submitted to the Commissioners?
Wayne said he asked the utilities about that, asked that at the very least they give it “in camera” or make it available to the public. Have asked them how they will proceed.
Commissioner Hansen asked if there were other questions?
Hearing none, Commissioner Nelson’s motion passed unanimously.
5. Don Howell’s April 21, 1997 Decision Memorandum re: Citizens Telecommunications Company of Idaho Request to Implement an Intralata Dialing Parity Plan, Case No. CTC-T-97-2.
Bill Eastlake reviewed the memo in Don Howell’s absence. Said the application points out that they already provide interlata parity and this would be to add intra. There is an estimated implementation schedule set forth in the memo. Staff recommendation is that there be a prehearing conference and notice of application and notice of prehearing. A draft has been prepared by Don Howell, that would give Citizens time to submit information.
Commissioner Hansen asked if there were questions.
Commissioners voted unanimously to do notice of application and notice of prehearing conference.
6. Stephanie Miller’s April 22, 1997 Decision Memorandum re: Utah Power and Light Application for Temporary Irrigation Surcredit for qualifying Schedule 10 Customers - Case No. UPL-E-97-2.
Stephanie Miller reviewed her memo. Said this was a proposal to mitigate implementation of the 16% increase. Proposal before the Commission is to approve a surcredit that would reduce rates to qualifying Schedule 10 customers, by 1.6 million dollars. Company would like this to go into effect May 1 because the irrigators are beginning to pump and each day of delay costs them money. Suggests putting it out on fast track, getting comments that the irrigation customers agree. Suggest modified procedure with a week or less comment time. The other alternative is to just approve it and grant reconsideration if someone requests it. Stephanie said she has not heard out soon after May 1 approval it will take to implement.  
Commissioner Smith asked what BPA’s comment time was?
Stephanie replied their date is May 1.
Commissioner Smith asked what the bill will look like?
Stephanie said  she assumed it would have a rate, the normal credit and the other credit (surcredit).  
Commissioner Smith said as she read this, she understood that this means that the portion of the
BPA exchange credit will run out sooner than the portion attributed to the residential? Do they clearly understand that there won’t be any more savings?
Stephanie said they hope there may be savings from another deep pocket. Pacificorp is trying to figure out other ways they can reduce rates at the end of this period.
Commissioner Hansen asked if it was a one year only deal?
Stephanie Miller said this asks for approval only through October 31. The idea is Pacificorp will continue this discussion with their customers and try to figure out a permanent, temporary fix.
Commissioner Nelson commented it seemed to him if BPA hasn’t already put it out for comment why we couldn’t go ahead with it?
Commissioner Hansen asked - realistically if we give them one week, is that sufficient?
Commissioner Smith said all you really need at this time is to give notice that whatever staff and Commission does, it will be effective May 1. It is just like when you start a rate case.
Stephanie Miller commented you just get into practical matters.
Commissioners agreed unanimously to give them a couple of weeks and make it plain that if we approve the change, it will be effective May 1. (Two weeks for modified.
**Should also order that it will be contingent upon BPA approval. (after their comment period).
Meeting was then adjourned.
Dated at Boise, Idaho, this 24th day of April, 1997.
Myrna J. Walters, Commission Secretary