19971124_1.docx

MINUTES OF DECISION MEETING
November 24, 1997 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Ralph Nelson and Marsha H. Smith and staff members Don Howell, Scott Woodbury, Weldon Stutzman, Bob Smith, Carolee Hall, Birdelle Brown, Wayne Hart, Tonya Clark, Randy Lobb, Stephanie Miller, Bill Eastlake, Dave Schunke and Myrna Walters. Also in attendance were Joe Miller, Attorney at Law and Jim Wozniak and Mary Hobson of U S West.
Items from the published November 24, 1997 Agenda were considered at this meeting.
Commission President Hansen called the meeting to order at 1:30 p.m.
First item on the agenda was consideration of the Minutes of the November 17, 1997 Decision Meeting. Commissioner Hansen made a motion to approve the minutes; motion carried unanimously.
CONSENT AGENDA items were considered next.
Items 2 through 9 listed on the Decision Meeting Agenda were listed in this section of the Agenda.
Commissioner Hansen called for discussion.
Commissioner Nelson made a motion to approve the consent agenda; motion carried unanimously.
MATTERS IN PROGRESS
10. Scott Woodbury’s November 21, 1997 Decision Memorandum re: Happy Valley Water System (Post Falls, Idaho) Certificate of Convenience and Necessity No. 328.
Scott reviewed the decision memorandum. Staff recommends an immediate investigation of the system. Staff further recommends that the Commission consider a Show Cause hearing.  
Commissioner Nelson asked what the Commission would do if we hold a Show Cause Hearing and no one shows up? Would we file an action in court?
Scott responded it looked like it could be a parallel filing for receivership and for court action.
Commissioner Nelson asked what the Commission can get done by December 1?
Commissioner Smith suggested immediately issuing an order telling Mr. Davis to maintain water to these customers. The only acceptable circumstance to indicate  that he is no longer accepting compensation for water service would be an agreement with each customer. That is the only thing that would be acceptable to the Commission as proof that he is not providing water for compensation. Suggested contacting Kootenai County; 67-107 makes it the duty of the county prosecutor to assist the Commission. Beyond that don’t know what you can do if you can’t find someone. Didn’t know where you would hold the Show Cause Hearing.
Scott suggested having the hearing in Boise.
Commissioner Smith said those were the thoughts she had on how to proceed in this matter.
Wondered about the customers making payments, should they continue?
Scott said at this point the payments are being returned.
Commissioner Hansen said he would think that this is the only route the Commission could take.  Other two commissioners concurred in Commissioner Smith’s recommendations.
11. Scott Woodbury’s November 21, 1997 Decision Memorandum re: Case No. GNR-W-97-2 Certificate Application--Hidden Springs Motion to Consolidate with UWI-W-97-3.
Staff recommends approval of the request for consolidation and further recommends that an intervention deadline be set and a prehearing conference be scheduled. Recommended the morning of December 15.
Commissioner Hansen made a motion to approve staff recommendation and to set the prehearing conference for December 15. Motion carried unanimously.
12. Scott Woodbury’s November 21, 1997 Decision Memorandum re: Case No. WWP-E-97-2 Reconnection Charges (Seasonal/Temporary Discounts).
Scott said this is a status report. It is back before the Commission to determine the reasonableness of the application. If a hearing is decided upon, staff is asking for a date.
Commissioner Smith said she thought this was worthy of a public hearing but didn’t know if the timing is very good. Are the people affected by the change there now or are they gone since they are seasonal?
Scott replied it is seasonal. There is no agreement between the company and staff in the filed testimonies. Don’t know about working out a compromise. Could have a hearing in Boise given the time of year and solicit comment from the affected customers in writing.
Commission Smith asked - does staff feel a hearing is necessary to complete the filing?
Scott responded staff would be ready to submit to the Commission on the filing.
Commissioner Smith said the decision could be made on what is filed and see if anyone wants to reconsider or the other option is to hold a hearing. Main problem of the hearing would be comment from the affected persons but don’t know if they would come to a hearing.
Commissioner Nelson said he agreed with Commissioner Smith. Think  there are more of the summer residents that live in Spokane than anywhere else, but it would be difficult to hold a hearing before next summer, however  we should do something with this before then. Would suggest holding this until decision meeting in the middle of December and see if we get any requests for reconsideration. Hold this and bring it before the Commission at a decision meeting in the latter part of the year or the first part of 1998 or in the ‘97 year’s business.
Question was asked - is this a fully-submitted matter?
Scott indicated it was.
Commissioner Nelson said he would be in favor of closing the record and considering it as fully submitted.
Other two commissioners concurred.
13. Madonna Faunce’s November 21, 1997 Decision Memorandum re: Intermountain Gas Company Modifications to Tariff Sheets LV-1, T-1, and T-1; Tariff Advice No. 97-3.
Dave Schunke reviewed the memo, in Madonna Faunce’s absence. Explained the rationale behind the filing. Company has proposed to make changes to their tariffs that would effectively allow current customers using 200,000 therms, if they fell below that, to not  be subject to a penalty. However, it would have no effect on new customers or customers that consistently fell below the 200,000 threshold.
Commissioner Smith said she would go along with staff’s recommendation to approve but to find a complete solution, are they ready for that?
Dave Schunke replied staff would meet with the company and discuss this and also let them know that we had concerns with the fix they are proposing and would say they are not opposed to that but weren’t anxious to embark on that in this proceeding. Want to proceed with this as an interim fix.
Commissioner Smith made a motion to adopt staff recommendation and tell staff and company to work together for a better fix.
Commissioner Hansen said he was also concerned about the rate structure because it would promote flaring to make it economical to the customers. It is a waste of resources and hope the
company will look at restructuring rate system, it wouldn’t seem to be the right direction to go in to promote this flaring in order to come under this rate structure.
Motion carried unanimously.
14. Don Howell’s November 21, 1997 Decision Memorandum re: GTE’s Request to be Designated as an Eligible Telecommunications Carrier, Case No. GTE-T-97-12.
Don reviewed the memo. Only party commenting to the modified procedure notice was staff.
Commissioner Hansen made a motion to grant ETC status to GTE and a waiver of toll control.
Commissioner Smith said it could be noted that as to support areas, we will be looking at that in ‘98 depending on what the legislature does.
Commissioner Hansen asked if it was the Commission’s desire to designate support areas as wire centers?
Don replied that is what the company agreed to and staff with agree with that at this juncture.
Motion carried unanimously.
15. Pine Telephone Company to be Designated as an Eligible Telecommunications Carriers - No Case No., No Decision Memo (Don Howell).
Don Howell informed the Commissioners that with this decision meeting, the commission has now received ETC applications from all our companies. At the time of the publication of the agenda, Pine Telephone had not made application. Staff contacted them and they did submit an application for ETC status. Rather than hold it, would also bring this to the attention of the Commissioners at this time. The federal regulation allows the Commission to grant ETC status.  For Pine Telephone’s application on Friday, would recommend that we process Pine Tel’s application on 14 day comment period so it could be ready prior to 1998 also.
Commissioner Smith commented we all know Pine is a small company and anything we can do to ease their regulatory burden should be done, so would move that we put their request for ETC status out on a 14-day comment period.
Motion carried unanimously.
Decision Meeting adjourned.
Dated at Boise, Idaho, this 3rd day of December, 1997.
Myrna J. Walters
Commission Secretary