19980803_1.docx

MINUTES OF DECISION MEETING
August 3, 1998 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Ralph Nelson and Marsha H. Smith and staff members Bev Barker, Scott Woodbury, Ron Law, George Fink, Randy Lobb, Bill Eastlake and Myrna Walters. Also in attendance were Joe Miller, Attorney at Law and Mark Hofland representing The Shakespeare Festival.
Commission President Dennis Hansen called the decision meeting to order. Items from the published August 3, 1998 Decision Meeting Agenda were discussed and acted upon as recorded herein.
APPROVAL OF MINUTES FROM PREVIOUS MEETING
1. Minutes of June 1, June 29 and July 6, 1998 Decision Meetings. (Minutes have circulated to the Commissioners for their review).
Commissioner Hansen made a motion to approve the minutes; vote taken; motion carried unanimously.
CONSENT AGENDA
Items 2 through 6 were on the consent agenda.  
Commissioner Hansen asked if there were comments or questions from the Commissioners on any of these items.
Commissioner Smith had a comment on No. 5 - Weldon Stutzman’s July 28, 1998 Decision Memorandum re: Case No. USW-T-98-2; Approval of Interconnection Agreement Between U S West and Reconex. Commissioner Smith said she had seen comments filed on April 22, 1998 in this matter that were not mentioned in the decision memorandum.
Weldon said that was correct - staff did file comments supporting the agreement.
Commissioner Smith also asked what had happened in the meantime - between April and now? Were there problems?
Weldon replied there was no problem with the agreement - received nothing adverse.
Was no explanation for the time delay.
Commissioner Smith said with that she would move approval of the items on the consent agenda.
Motion carried unanimously.
MATTERS IN PROGRESS
7. Wayne Hart’s July 23, 1998 Decision Memorandum re: Tariff Advice of GTE Northwest Incorporated to Change the Boundary Between the Coeur d’alene and Plummer-Worley Exchanges--GTE Advice No. 98-18.
Wayne reviewed the matter. GTE had a single customer that was on the map for Coeur d’Alene.  In order to serve the customer out of Coeur d’Alene,  would be expensive for the customer. It is closer to serve the customer out of Plummer. Company submitted a boundary change; is the only customer asking for this. Staff reviewed the filing and thinks  it is appropriate to change boundaries.
Commissioner Hansen called for questions.
Commissioner Smith said she should the Commission should grant the change and make it effective tomorrow.
Vote taken; motion carried unanimously.
8. Beverly Barker’s July 29, 1998 Decision Memorandum re: Formal Complaint Against MCI Filed by Owyhee Plaza.
Bev reviewed the matter; said she had hoped to report that there was an agreement reached but can’t report that right now. Would like to recommend that the Commission delay further action on this matter until its next decision meeting on August 24.
Commissioner Hansen asked if there were questions? Hearing none, Commissioner Hansen made a motion to accept staff recommendation to hold the matter until August 24. Motion carried unanimously.
9. Scott Woodbury’s July 31, 1998 Decision Memorandum re: Case No. BAR-W-98-1 (Barber Water) Request to Extend Temporary Water Service to Idaho Shakespeare Festival.
Scott reviewed the matter. Staff has completed its analysis and has given that report to Barber Water and to the Shakespeare Festival.  Comments were also filed by DEQ. They have some concerns regarding the water rights involved. Reviewed those concerns. The initial question before the Commission is whether modified procedure continues to be acceptable. Staff’s underlying finding is company has sufficient capacity for the level of service required, and makes a recommendation regarding proposed commercial tariff. Believe that the  use should be limited   to current use. Staff has also expressed concern about the practice of the Company regarding manually operating the wells. Staff recommends that the Company install a telemetering or equivalent automatic control system on the pumps and storage tank to help ensure that system pressure is maintained. DEQ concurs in that. Staff believes  that the Company has experienced some pressure problems in the past. Staff recommends because of that that the Company be required to develop some reporting data. That would be possible because it is a metered system. Initial question is whether the Commission is prepared to solve this matter based on the filings on record or should the matter be set for hearing?
Commissioner Nelson said he was not necessarily in favor of having a hearing. Asked where the fire protection is coming from?
George Fink responded that Parks and Recreation is doing fire protection.
Commissioner Nelson questioned what water needs there were other than what they required right now?
George explained what the water service was right now. Expansion plans are more significant than what is out there now.
Commissioner Nelson said it seemed to him that the Commission should condition this on getting the water rights straightened out in that area.
Commissioner Hansen asked when staff talked about the service fee, it was 20 customers; then staff came back indicating 16 was the number - what about 24?
George replied that 24 units came from the Barber Water engineer. It was based on different assumptions. Sixteen came from Shakespeare’s consultant.
Scott Woodbury said that was originally posed as a temporary service and in his discussions with Shakespeare they felt that they would have to connect with the city supplier eventually. Customers had concerns that it is more than temporary.   Customers also wondered about the Company selling the system to United Water. Don’t know whether they will be successful but there have been discussions between the companies.
Commissioner Smith asked about Page 5 of the staff comments. Wondered about how long reporting should be required - indefinitely? Should it be a certain number of times, what kind of requirement if we choose to do that?  
George replied there have been complaints in the past about pressure. There are certain peak times for Shakespeare so staff recommends that Barber Water is required to provide adequate service.  
Commissioner Smith asked if Shakespeare was going to take service during Barber’s peak or will it shift the peak and create a new one? Asked if he thought performing these pressure readings will be enough to protect the customers?
George said to protect existing customers was the concern.
Commissioner Smith asked if it would be sufficient?
George said if it drops below 20PSI it would help identify what the problem is. With the tank up on the hill there should be sufficient pressure.
Commissioner Smith asked Scott Woodbury if the Company had responded to DEQ’s recommendations?
Scott said the way he read it, DEQ was asking the Commission to ask Mr. Triplett to provideinformation to it.  Don’t know whether the Commission has been provided that information  by Mr. Triplett.
Commissioner Smith said she didn’t think there appeared to be any reason not to approve the provision of service to Shakespeare  if we have some mechanism for identifying problems the customers have and insure  the protection they need for adequate service and don’t think a public hearing would serve any purpose. So she would think modified procedure is adequate.
George reminded the Commission that one of staff’s recommendations is on telemetering. If the owner is gone and the reservoir runs dry, at this point in time, no one knows that. Staff is pushing for that for this system.
Commissioner Nelson asked if we know when Barber Water’s peak occurs now?
George said it was in the evening - between 4 and 6/8.
Commissioner Nelson asked when the peak occurs for Shakespeare.
Mark Hoflund responded - about 9:30 - at intermission.
Commissioner Smith said she would make a motion that we approve Barber’s request to extend the temporary water service to the Idaho Shakespeare Festival with the conditions recommended by staff. (DEQ is on its own). Would comment on “temporary”. Can’t understand why Barber wouldn’t want them as a customer. Temporary would be until another source is found.
Motion carried unanimously.
Meeting adjourned.
Dated at Boise, Idaho, this 21st day of August, 1998.
Myrna J. Walters, Commission Secretary