19970610_2.docx

MINUTES OF DECISION MEETING
June 10, 1997 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Marsha H. Smith and Ralph Nelson and staff members Don Howell, Weldon Stutzman, Brad Purdy, Scott Woodbury, David Scott, Carol Cooper, Ron Law, Carolee Hall, Stephanie Miller, Birdelle Brown, Randy Lobb, Tonya Clark, Joe Cusick, Wayne Hart, Bev Barker  and Myrna Walters. Also in attendance were Ron Lightfoot of U S West; Jeannette Bowman of Idaho Power Company; Joe Miller, Attorney at Law; Carol Ratzlaff, Idaho Power Customer and Denise Wheeler, Telephone Petitioner.
Commission President Dennis Hansen called the decision meeting to order. Commissioner Hansen explained briefly the new format of the agenda and how the Consent Agenda category is to work. All items in that category will have a staff recommendation set out in the memo and there will be no discussion or multiple choices options on those matters so that they can be approved as a group. Items from that category can be moved to Matters in Progress if a Commissioner has a problem with any of them. Since this week’s agenda had items on the Consent Agenda that did not have recommendations or that required discussion, Commissioner Hansen indicated that each item would be considered individually.
1. June 3, 1997 Decision Meeting Minutes.
Commissioner Nelson made a motion to approve the minutes. Motion passed unanimously.
2. June 10, 1997 Regulated Carrier Division Agenda - Application for Temporary Authority by C&C Transport, Case No. M-9309-1 and Ironworks, Inc., Case No. M-8310-1.
Commissioner Smith made a motion to approve the items on the RCD Agenda. Motion passed unanimously.
3. Brad Purdy’s June 2, 1997 Decision Memorandum re: Motor Carrier Hearing; 7. Birdelle Brown’s June 6, 1997 Decision Memorandum re: Teton Telecom Communications Access Tariffs, effective May 15, 1997 and 8. Birdelle Brown’s June 6, 1997 Decision Memorandum re: Fremont Telephone of Idaho Advice to Establish its Idaho Telephone Assistance Program (ITAP) Surcharge.
Commissioner Nelson made a motion to approve staff recommendation on all three of these matters. Motion passed unanimously.
Commissioner Smith suggested moving to Item 12 on the agenda as she was sure several people present were only interested in that item.  
**Aloa Stevens of Citizens Telecommunications was brought into the decision meeting by conference call at this time.
12. Wayne Hart’s June 6, 1997 Decision Memorandum re: Citizens Telecommunications of Idaho Local Calling Plan for Parma/Homedale/Wilder to Caldwell and Nampa; Case Nos. GNR-T-93-7 and GNR-T-93-11, Tariff Advice ID-97-05.
Wayne briefly reviewed his decision memo. Said the calling plan has some advantages but staff also has some concerns. But, staff is recommending suspension of the filing and hearing dates and implementing a 14 day comment period for the tariff filing, under modified procedure.
Commissioner Nelson questioned whether the two week comment period would be sufficient?
Wayne responded that staff wanted to see if it could be resolved quickly and if not, get back timely to EAS case.
Commissioner Hansen said he had concerns with the technical details and how U S West would be a part of this. It is only a one-way solution. Caldwell and Nampa couldn’t call to Parma/Homedale/Wilder. Another concern is that this is a very short term solution and worry about implementing something that may change. There may be a rate case and a lot of these issues could be addressed there. Is concerned that some people would be given a proposed calling plan and in 6 months it could change. Would like to see a quick solution but has some concerns on vacating the EAS case that we have right now for the kind of proposal which is short term and it only encompasses one way calling.
Commissioner Smith asked what the implementation date was - tariff has a proposed July 1 effective date on it. Asked Aloa Stevens if she knew what the company intended.
Aloa responded that it would be 90 days after final approval - if it is approved effective July 1, it could be implemented 90 days after that.
Wayne Hart said staff concerns were of a technical nature on how calls would be routed, etc. The companies could work those out quickly.
Commissioner Hansen said he couldn’t support this under modified procedure with a 14 day comment period. He is against suspending the process of current EAS case.
Commissioner Nelson said he thought it was an attractive option for the short term. Think Commission should go ahead with completion of the EAS case. Would also support putting it out on modified and make a decision on it.
Commissioner Smith said she would like to know what the community thinks. If this could be available in 90 days - say September - would they support it? Need to know what they think. Allow them to proceed on modified for 14 days. Would have to vacate the July hearing and next Monday’s prefiling. Just reschedule it for the future. Nail down a date so people will know it
isn’t going to go away. Don’t ask parties to prefile if you are going to put it out for comment.   Suggested moving everything 3 weeks.
Commissioner Hansen said his concern is that the need has been out there for a long time. This is a band-aid approach.   Still think there is a need to proceed on. Hate to see it stalled for this temporary fix.
Commissioner Smith commented she was surprised that people were willing to pay the prices quoted for the EAS.  
Commissioner Smith made a motion that the tariff filing be put out for comments (for 2 weeks) (think the time will not be a problem, people are interested and informed). Would move also that the hearing and prefile be moved accordingly.  
Commissioner Nelson supported said motion; Commissioner Hansen voted no.
4. Weldon Stutzman’s May 28, 1997 Decision Memorandum re: Case No. PFI-T-96-1 Notice of Withdrawal of Application for Certificate of Public Convenience by Brooks Fiber. (Held from 6-3-97 Decision Meeting).
Commissioner Smith made a motion that the case be closed. Motion carried unanimously.
5. Weldon Stutzman’s June 4, 1997 Decision Memorandum re: Application of U S West Communications, Inc. for Approval of an Interconnection Agreement with Commnet Cellular Inc. Pursuant to 47 USC 252(e).
Commissioner Nelson made a motion to approval the agreement. Motion carried unanimously.
6. Wayne Hart’s June 3, 1997 Decision Memorandum re: Gale Jr. High School Request to Eliminate Ringing or Incoming Calls from Payphone in School Hallway.
Wayne Hart reviewed the filing.
Commissioner Smith said she would move approval.  
Commissioner Hansen questioned staff’s recommendation - asked what their preference was?
Wayne responded that this was boilerplate language used in a previous matter and he would recommend whichever choice works best for the phone company.
Commissioner Hansen then voted to approve Commissioner Smith’s motion; Commissioner Nelson voted no. He indicated that he had a problem with this matter and that he was going to ask that it be moved from the Consent Agenda but since each item was being handled individually, he would like to discuss this matter. Said if this phone is inside the school, the administration should have better control. If it is right outside the classroom it doesn’t sound valid. Said he thought phones should ring back if someone wants to get a call back. Is not in favor of a ringer being taken off a phone.
Commissioner Hansen then asked for a re-vote on Commissioner Smith’s motion since Commissioner Nelson made comment.
Vote was still 2 to 1 to approve staff recommendation.
9. Brad Purdy’s June 6, 1997 Decision Memorandum re: Idaho Power Company’s 1997 Integrated Resource Plan - Case No. IPC-E-97-8.
Commissioner Nelson made a motion to approve modified procedure; motion carried unanimously.
10. Carol Cooper’s May 30, 1997 Decision Memorandum re: request from David and Carol Ratzlaff for Extension of Time Period Under Line Extension Rules for Idaho Power Company.
Carol Cooper reviewed the matter and provided the Commissioners with the letter from the Ratzlaffs; the response of Idaho Power and the appropriate Idaho Power tariffs. She said the question before the Commission today is how does it want to proceed? Mrs. Ratzlaff is present if there are questions of her.
Commissioner Smith commented that these were always very hard situations and the Commission has had previous requests that were turned down so no one gets special deals; unless there are some extenuating circumstances.  Commission shouldn’t deviate from the tariff.  Commission just concluded that 5 years was adequate. Don’t know, unless someone thinks more process is needed, we could ask for comments but would hate to initiate a formal complaint. If there is more information they would like to provide we could provide that time.
Commissioner Nelson said he thought it was the Commission’s intent in the Idaho Power line extension case, to grandfather undeveloped, platted subdivisions and that we would not allow any 10 year period in new subdivisions. This isn’t a subdivision matter but would still have to say no unless there are extenuating circumstances.
Commissioner Smith asked Mrs. Ratzlaff if they wanted to file anything additional?
Mrs. Ratzlaff said there wasn’t anything additional to file but she was a little unclear on the differential.
Commissioner Nelson said he would make an attempt to explain - said particularly in Boise County some people platted in a subdivision but didn’t put in utilities. Some lots were sold so Commission said in that situation where there was already an undeveloped subdivision, there could be a 10 year refund period but not for any future subdivisions.  
Commissioner Hansen then asked what the pleasure of the Commission was in this matter?
Commissioner Nelson said without extenuating circumstances, would not initiate a formal complaint in this matter. So moved. Motion passed unanimously.
11. Scott Woodbury’s June 6, 1997 Decision Memorandum re: Case No. INT-G-97-3 In the Matter of the Application of Intermountain Gas Company for Authority to Change its Prices July 1, 1997.
Scott Woodbury reviewed the matter. Said company asked for modified procedure and if the Commission wishes to comply with the company’s request, it would be necessary to shorten the comment period. Staff suggests a comment period until June 25 and that there be a one-item decision meeting on June 27 to consider the matter. Staff is auditing this week. Haven’t reached any conclusion on the filing.
Commissioner Hansen said if the Commission went with a 14 comment period, there could be a decision meeting on the 27th. There are three questions to consider: (1) Do you want to go modified; (2) Go 14 days instead of 21 for comment and (3) Do you want to schedule a decision meeting on June 27?
Commissioner Smith said so moved on all three items.
Commissioner Nelson asked how much controversy there will be over the 16% increase to T-1 customers?
Scott replied notice had gone out to them and Commission hasn’t heard anything yet.
Vote was unanimous on all three questions.
13. Wayne Hart’s June 6, 1997 Decision Memorandum re: Payphone Tariff Revisions: U S West-North Smart Pal Tariff Advice 97-06-N; Effective June 16, 1997.
Wayne reviewed the filing - said staff recommends approval.
Commissioner Nelson made a motion to approve staff recommendation; carried unanimously.
14. Birdelle Brown’s June 6, 1997 Decision Memorandum re: Teton Telecom Communications Original Tariff to Provide Service in the Teton Valley, effective 5-15-97.
Birdelle Brown reviewed the filing. Said staff feels comfortable with the tariff with the exception of the complaint of the Teton Valley Developers. Reviewed what they were originally quoted by U S West; that Teton had billed them $10,000 instead of $8,000. Teton has now compromised with them. Staff thought  this was a reasonable consensus and would now recommend approval of the filing.
Commissioner Nelson moved approval of staff recommendation. Said thought it was a little different, could still approve it. Motion carried unanimously.
15. Bill Eastlake’s June 6, 1997 Decision Memorandum re: IPUC Adoption of FCC-E Rate Discount Matrix.
Joe Cusick reviewed the matter, in Bill Eastlake’s absence. Staff recommendation was to accept the FCC discount matrix as appropriate for use in the Idaho intrastate jurisdiction; to issue a notice of proposed order to adopt the FCC discount matrix, and to provide 14 days for comment by interested parties.
Commissioner Smith commented there is a cap on the money and it is first come/first serve.   Don’t think we want to be the stumbling block for the Idaho schools and librarires to get USF.
Commissioner Hansen made a motion to approve staff recommendations; motion carried unanimously.
16. Opposition of Citizens Telecommunications to MCI’s late Petition to Intervene in CTC-T-97-2 - was withdrawn from the agenda as MCI has now withdrawn their Petition to Intervene.
17. Don Howell’s June 6, 1997 Decision Memorandum re: Citizens Communications Company of Idaho Request to Implement an Intralata Dial Parity Plan, Case No. CTC-T-97-2.
Don Howell reviewed the matter. Said parties have entered into a Settlement Agreement and CTC-Idaho also filed a Motion to Approve the Settlement Agreement. Parties have recommended and requested a 14 day comment period under modified procedure.
Commissioner Nelson asked if the parties thought there was a problem with the deadline and asking for 14 days?
Don Howell explained what the timing crunch was.
Commissioner Nelson said he was still concerned with the comment period.
Don Howell said in this case, the parties involved have all participated already.
Commissioners unanimously approved modified procedure with 14 day comment period.
18. Scott Woodbury’s June 6, 1997 Decision Memorandum re: Case No. IPC-E-97-9 Reducing Contract Term for Qfs Less than 1 MW to 5 Years.
Scott Woodbury gave the background on this matter. Said the question before the Commission now is: do you want to handle this on a company-by-company basis or do you want to handle it generically and open it up and make all electric utilities parties and go modified? Would you extend the comment period? He commented Earth Power wishes to reactivate their case with WWP now. Question is whether or not you are grandfathered to contract terms that were otherwise available when you filed your complaint?
Commissioner Hansen said he had a question of whether modified would be the proper way to handle this with all the other parties involved?
Scott replied that Idaho Power didn’t request any procedure specifically, but thinks it is a policy-type decision that could be handled by comment period. Think as a first step that would be appropriate.
Commissioner Smith made a motion to keep this as an Idaho Power Company only request and use modified procedure. Other companies can file comments and if they wish,  can have a similar case.
Motion carried unanimously.
19. Scott Woodbury’s June 6, 1997 Decision Memorandum re: Proposed Rulemaking, IDAPA 31.12.01.104 - Uniform System of Accounts--Water.
Commissioners unanimously approved initiating rulemaking to adopt latest version of Uniform System of Accounts.
18A. Brad Purdy’s June 9, 1997 Decision Memorandum re: Case No. GTE-T-97-1; AT&T’s Petition for Reconsideration.  
Brad Purdy reviewed the matter. Went over the findings in the order. Access rates will be looked at later in the year.
Commissioner Hansen said he recalled that these items were discussed and Commission would be dealing with access rates later on.
Commissioner Smith said she thought it was an error to make a Title 62 finding when Title 62 services were not at issue. Said she would appreciate some legal analysis that the original order was defensible;  is there enough in the order;  did we use all the evidence we had to support our findings and if there is any error, maybe we could fix it. Think the lawyers can give the advice the commissioners need. What do we need to do to get the best order we can?
Commissioner Smith made a motion to approve denial of the petition for reconsideration but would like the Title 62 reference error to be corrected. Motion carried unanimously.
20. Brad Purdy’s June 6, 1997 Decision Memorandum re: Promulgation/Amendment of Motor Carrier Rules, IDAPA 31.61.01.000.
Brad Purdy reviewed the matter briefly - what Commissioners are being asked is that staff be given permission to proceed with promulgation and amendment of the Motor Carrier Rules. Commissioners are not being asked to sign off on the rules at this time.
Commissioner Hansen made a motion to proceed with promulgation; motion carried unanimously.
21. Don Howell’s June 6, 1997 Decision Memorandum re: Updating the Commission’s Safety Rules and Regulations Pertaining to Public Utilities.
Commissioner Smith made a motion that the safety rules and regs be put out for commenting on  updates. Motion carried unanimously.
21A. Fully Submitted Matter -
Silver Star’s Request for Approval of a “Special Services Contract”, Case No. SIL-T-97-1.
Commissioners will privately deliberate this matter.
Meeting adjourned.
Dated at Boise, Idaho, this 12th day of June, 1997.
Myrna J. Walters
Commission Secretary