19970716_1.docx

MINUTES OF DECISION MEETING
July 16, 1997 - 1:30 p.m.
In attendance at this time were Commissioners Dennis Hansen, Ralph Nelson and Marsha H. Smith and staff members Brad Purdy, Weldon Stutzman, Birdelle Brown, Carolee Hall, Joe Cusick, Susan Hamlin, Ron Law, Rick Sterling, Stephanie Miller, Terri Carlock, David Scott, Tonya Clark and Myrna Walters. Also in attendance were John Souba and Mary Hobson of U S West; Eileen Benner of AT&T; Joe Miller, Attorney at Law;  John McFadden, Attorney at Law; Joanne Butler, Attorney at Law and Jeannette Bowman of Idaho Power Company.
Commission President Dennis Hansen called the meeting to order.
Items from the Published July 16, 1997 Agenda were considered as follows.
Commissioner Hansen announced that the first item on the agenda was approval of the June 10, June 27 and July 8, 1997 Decision Meeting Minutes.  Commissioner Smith made a motion to approval the minutes as corrected; motion carried unanimously.
At this time, Commissioner Nelson asked that Birdelle Brown’s July 16. 1997 Decision Memorandum re: Approval of GVNW Advice to Add Teton Telecom Communications to the IREC Tariff be added to the Consent Agenda. He also made a motion that that item and Item 2 - Regulated Carrier Division Agenda dated July 16, 1997, be approved. Motion carried unanimously.
Item 3 - Joint Application of United Water and City of Eagle for approval of special contract for wholesale supply of water to the city of Eagle was moved from Consent Agenda to Matters in Progress, for discussion.
Susan Hamlin reviewed the details of the matter. Parties have asked for interim approval for fire flow. Went through what staff supported.
Commissioner Hansen asked - if the Commission was to not approve this, would the city of Eagle have adequate supply for fire protection under the current system or is there a void right now in that area, is there not an adequate flow right now?
Susan Hamlin said she did not know, perhaps John McFadden representing the City of Eagle could best respond to that.
John replied that there was a marginal supply. What the real crisis is,  is that there cannot be any more building permits issued. Can’t build until there is sufficient fire flow.  
Commissioner Nelson asked how far United Water would have to go to provide this?
John replied that they (the city of Eagle) will go to United, not United go to them. United will not go outside their service area. The city has been asked by the property owner to be included in the city’s municipal system. It is going to be in the municipal system.
Commissioner Nelson commented it was pretty hard to give interim approval without it being in reality, final approval.
John McFadden replied that the city is looking for interim approval for the rate. May end up purchasing from United. Fully expect to ask for approval of contract for something more than that. It is still an open question as to how much the commission has to say about this. Want to get the Commission’s view.
Commissioner Nelson asked if staff saw the interim approval as approval for the rate?
Susan Hamlin replied that staff sees it as interim approval for fire flow only. Haven’t reviewed the rate or contract in detail.
Commissioner Smith asked if all of this property was in the city limits?
John McFadden replied that that was correct.
Commissioner Smith said she would then made a motion to approve.
Commissioner Nelson questioned what the motion entailed.
Commissioner Smith said she would made a motion to approve the interim proposal and to approve sending it out on modified procedure.
Motion carried unanimously.
4. Brad Purdy’s July 8, 1997 Decision Memorandum re: Case No. UPR-R-97-1; In the Matter of the Commission’s Investigation into the Proposed Closure by the Union Pacific Railroad Company of its Homedale Branch.
Brad Purdy reviewed his decision memorandum on the matter.  
Commissioner Hansen commented that his answer to the three questions set out in the decision memo was no with the testimony at the hearing. Based on the hearing, would have to say that he would move that an order be issued,  so indicating that the answer to the three questions was negative and go ahead and close the case.
Commissioner Nelson asked if this was a request for abandonment or exemption?
Brad responded it was an abandonment. Brad also explained what the witnesses had supported.
Commissioner Hansen’s Motion carried unanimously.
5. Brad Purdy’s July 7, 1997 Decision Memorandum re: Case No. IPC-E-976-8 Idaho Power’s 1997 Integrated Resource Plan Update.
Brad reviewed the matter. Explained the change requested by Idaho Power - reducing the planning period for the 1997 IRP from 20 years to 10 years. Staff supports that change but since ON 22299 requires a 20-year planning period, would recommend that that change be done by an order rather than acknowledgment of receipt of the IRP as has been done in the past.  
Commissioner Nelson made a motion to accept the report and go with staff recommendation regarding the ten year reporting period and issuance of an order.
Motion carried unanimously.
6. Brad Purdy’s July 8, 1997 Decision Memorandum re: Idaho Power Company Tariff Advice No. 97-02 Computation of Average Monthly Per KWH Cost of Energy for Schedule 86-Cogeneration, Small Power Production, Non-Firm Energy.
Brad Purdy reviewed the matter. New rates are somewhat higher but it is going to vary from customer to customer from month to month. Asked if it was significant to warrant formal treatment.
Commissioner Smith said right now none of the generators know that Idaho Power is proposing to do that. Think it is advisable to let the cogenerators know.  
Rick Sterling said there are two customers and they will actually be paid more.
Commissioner Nelson said where there are only two customers it wouldn’t hurt to give them notice.
Brad Purdy said it could go out on modified procedure.
Motion was made to give the two customers notice by way of modified procedure.
Motion carried unanimously.
7. Don Howell’s July 14, 1997 Decision Memorandum re: AT&T’s Petition for the Commission to Initiate a Section 271 Proceeding; Case No. USW-T-97-14.
Joe Cusick reviewed  the matter in Don Howell’s absence.   U S West states the petition is untimely. They are not planning on filing for 271 at this time. It is not necessary at this time. They committed to a 90-day filing. Staff would like to add one recommendation to its decision memorandum, that the Commission order U S West to provide a 90-day notice prior to filing with the FCC for their 271 application and at that time they provide the Commission with a working draft of what they proposed to file with the FCC and the DOJ.
Commissioner Hansen asked - if you required them to file, do you have a proposal on what the filing should include, should Commission give them notice of that?
Joe Cusick said he is basing this on the fact that they (U S West) will not be filing in Idaho before they file elsewhere.
Commissioner Hansen asked if that notice would be sufficient (the 90 day)?
Joe Cusick said he didn’t know what the requirements are going to be. That is assuming that U.S. West will have an application approved before they show up at our door.
Commissioner Smith said she thought it was useful to have a list but don’t know what that list would be. Perhaps nearer the end of the year is a better time to look at it and come up with a list and say that is what we want in a 90 day notice.
Joe Cusick said he thought that was a problem at this time.
Commissioner Smith said she thought it was good to not be on the front end of this.
Commissioner Nelson said he didn’t think waiting was a bad idea. Was going to say give 90 days notice and we will give them categories, etc.
**None have been provided at this time.
Commissioner Smith then made a motion to table AT&T’s petition for a period of 6 months.
Motion carried unanimously.
Commissioner Hansen announced that there will be a decision meeting on July 28. Was thought earlier that not all commissioners would be present that day; but they will be.
Meeting was adjourned.
Dated at Boise, Idaho, this 21st day of July, 1997.
Myrna J. Walters
Commission Secretary