19980722_1.docx

MINUTES OF DECISION MEETING
July 22, 1998 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Marsha H. Smith and Ralph Nelson and staff members Birdelle Brown, Cheri Copsey, Brad Purdy, Wayne Hart, Joe Cusick, Bob Smith, Don Howell, Bill Eastlake, Tonya Clark, Rita Scott, David Scott, George Fink  and Myrna Walters. Also in attendance were Conley Ward and Michael Creamer, Attorneys at Law; Rick Wiggins of Cambridge Telephone and Jim Wozniak of U S West.
Items from the Published July 22, 1998 Decision Meeting Agenda were discussed and acted upon as follow.
Commission President Dennis Hansen called the meeting to order.
First item of business was Approval of Minutes from Previous Meeting.
1. Minutes of June 16 and June 23, 1998 Decision Meetings. (Minutes have circulated to the Commissioners and corrections have been made).
Commissioner Smith made a motion to approve the June 16 and June 23 Decision Meeting Minutes; vote taken; carried unanimously.
Next order of business was the Consent Agenda - Items 2 thru 6.
Commissioner Hansen asked if there were questions or comments regarding any of the items.  Hearing none, Commissioner Hansen made a motion to approve items 2 thru 6; motion carried unanimously.
MATTERS IN PROGRESS
7. Birdelle Brown’s July 13, 1998 Decision Memorandum re: Complaint and Request for Ruling From Z-Tel, Inc.
Birdelle reviewed the decision memorandum.  
Commissioner Smith suggested having one of the lawyers read the protest and objection and respond that we have no jurisdiction in this regard.
All three Commissioners approved that suggestion.
8. Brad Purdy’s July 13, 1998 Decision Memorandum re: Case No. ALB-T-98-01; Petition of Albion Telephone Company to Expand Service Area.
Decision Memo was reviewed. Staff was the only party to file comments. In order to be eligible for USF, the study area and the service area would have to match. Currently the FCC has a freeze on study areas but exceptions have been provided. Staff thinks this meets this requirement. There were no objections.
Commissioner Hansen asked for questions?
Commissioner Nelson said he thought we should do what we can to support Albion in this venture. Made a motion to grant the request and if they want us to send a letter of support, would also do that.
Motion carried unanimously.
9. Scott Woodbury’s July 20, 1998 Decision Memorandum re: Case No. MCG-W-98-1 McGuire Estates Water Company Application for Rate Increase.
Don Howell reviewed the memo, in Scott Woodbury’s absence. The Company was provided copies of the customer letters and this is their response. Cost for testing the water was already imputed in rates and company was assessing customers. Staff wanted to bring that to the attention of the Commissioners.  
Commissioner Nelson asked if the amount being charged - the $5.00 - was that the DEQ charge for testing?
Bob Smith replied it was DEQ’s annual regulatory charge.
Commissioner Nelson commented it was appropriate for them to do that.
Bob Smith said the Commission gave companies that option, impute it or charge billed to customers. Rate proposed in this case includes it; and also has it imputed in the rate so it didn’t seem to be appropriate to bill the $5.00 per year also.
Commissioner Hansen asked what staff’s recommendation was on water pressure? If it pertained to fire, they contact the fire marshall;  but didn’t think the complaint was in reference to fire protection. Thought it was inadequate water pressure, shouldn’t there be requirement to provide adequate water pressure to these people?
Bob Smith replied it was his understanding that like all the small un-metered water companies we deal with, there are times when it relates to the unmetered system. customers using excess water. Company has been tested by DEQ and the tests meet minimum standards of DEQ.
Commissioner Nelson said he would make a motion to issue the final order.
Commissioner Smith said she thought the order should speak to the $5.00 because it is included in the rates.
Vote then taken on motion: motion carried unanimously.
10. Case No. GNR-T-98-04 Application of CTC Telecom, Inc. for a Certificate.
Cheri Copsey reviewed the decision memo. Said the issue before the Commission in the decision memorandum is to respond to staff’s request. Noted however that in staff’s opinion this is not your traditional CPCN application. It raises a number of issues that have resulted in staff believing that the record is not fully developed regarding competition. Staff believes that the record needs to be fleshed out no matter what decision is made. Staff asks that their motion for suspension be granted.
Conley Ward speaking for CTC Telecom said he would like to be heard on the motion.
Commissioner Nelson said he would like to comment that the Commission received a filing from Mr. Ward yesterday afternoon and he was unaware of that filing. He hasn’t read the comments.
Conley Ward said the applicant, CTC strenuously objects to an extension. Staff has already had two ex parte motions granted regarding formal discovery. Problems are: CTC believes the record is fully developed; (2) company is now on a course where this is becoming abusive. Said he was prepared to move on today to argue the merits but the Commission is obviously being put into an uncomfortable position without having reviewed the information. Would like to argue this today or at the soonest possible time, considering the time crunch this application is under, cannot wait for the normal scheduling and pursue it at leisure. That will break the applicant’s deal. Said he would waive any notice requirement applicable to going to oral argument.
Commissioner Smith asked if there were any intervenors?
Cheri Copsey said there has been a motion filed by U S West. There is at least one intervenor.
Commissioner Smith said she saw Mr. Wozniak in attendance but wonder if he feels comfortable going ahead?
Jim Wozniak said U S West did not have an objection to arguing it on its merits.
Commissioner Smith asked Ms. Copsey if staff was ready to argue?
Cheri responded she could argue the legal issues but staff believes the record is incomplete on this issue. Do not believe that the decision would be substantiated by the facts. All this could be obviated if the Applicant could stipulate the competitive requirements of an ILEC. If it would do that it would take care of most of staff concerns. If you are not going to have additional facts in the record, the Commission needs to know how competition is going to occur in this area. If no one can get the normal things, which is what staff has been told in meetings, this is not evidence, however, if a customer asked for a different service provider, which is the intent of the federal and state act, would it have to be overbuilt? If that is the fact, then that is not competition and that was pointed out in staff comments. Staff is concerned about the competitive issue.  
Commissioners took brief break to discuss the matter.
When they came back on the record, Commissioner Hansen said the Commission in discussing this matter is willing to set aside Friday morning at 10:00 a.m. for oral argument. Commission also grants U S West’s petition to intervene.
11. AT&T’s late intervention in General Telephone Rate Rebalancing Case - GTE-T-98-2.
Don Howell said Monday AT&T petitioned to intervene in GTE’s rate rebalancing case. Commission order in this matter required intervention by July 16. Consequently it is an untimely and late intervention. Reason this is so pressing is this is being processed by modified procedure as well as public hearing. Late intervention would throw a wrench in the timing, so staff has contacted AT&T & GTE. GTE does not object o the late intervention so staff would recommend the Commission grant their intervention.
Commissioner Smith said she would so move.
Motion carried unanimously.
Meeting adjourned.
Dated at Boise, Idaho, this 19th day of August, 1998.
Myrna J. Walters
Commission Secretary