19980824_1.docx

MINUTES OF DECISION MEETING
August 24, 1998 - 1:30 P.M.
In attendance were Commissioners Dennis Hansen, Ralph Nelson and Marsha H. Smith and staff members Don Howell, Terri Carlock, Weldon Stutzman, Rick Sterling, Keith Hessing, Brad Purdy, David Scott, Bev Barker, Stephanie Miller, Birdelle Brown, Cheri Copsey, Joe Cusick, Doug Cooley, Scott Woodbury, Carolee Hall, Randy Lobb, Rita Scott, Tonya Clark and Myrna Walters. Also in attendance were Jeannette Bowman of Idaho Power Company; Jim Wozniak of U S West; Mike McGrath of Intermountain Gas Company and Dean J. Miller, Attorney at Law.
Items from the published August 24, 1998 Agenda were discussed and acted upon as recorded herein.
Commission President Dennis Hansen called the meeting to order and welcomed all in attendance.
Commissioner Hansen introduced the newest member of the staff, Doug Cooley, Telecommunications Analyst.
First order of business was the CONSENT AGENDA (Items 1 - 21).
Commissioner Hansen asked if any of the Commissioners had questions or comments on any of the items listed?
Commissioner Smith asked about No. 10 - Weldon Stutzman’s August 18, 1998 Decision Memorandum re: Case No. USW-T-97-15/ATT-T-96-2 Approval of Interconnection Agreement Between U S West and AT&T.  Asked if it was necessary to go out for comment again on this new interconnection agreement?
Weldon replied it was not clear if it was necessary, but thought other carriers should be made aware that it is on file and they can look at it.  
Commissioner Smith asked - the Commission wouldn’t disapprove it, would we?
Weldon said no, but this would give everyone notice.
Commissioner Nelson had a question on No. 17 - Beverly Barker’s August 20, 1998 Decision Memorandum re: USW-T-98-7 Formal Complaint filed by Tel-Save Against U S West.
Asked Bev if there had been any complaints against Tel-Save because of the nature of their business?
Bev replied she did check Tel-Save data. Commission did have 5 slamming complaints in ‘97 and 3 so far this year. Tel-Save also operated under the name of “The Telephone Company” and that has been part of the problems leading up to the complaints. There are some slamming instances against them.  
Commissioner Nelson asked if anything else needed to be done?
Don Howell replied that the normal action is to issue a summons. We are now to the stage of how to proceed with the complaint. Next step is summons.  
Commissioner Nelson said he would then make a motion to approve all items on the Consent Agenda. Motion carried unanimously.
MATTERS IN PROGRESS
22. Wayne Hart’s August 14, 1998 Decision Memorandum re: Application of U S West to Revise Its Southern Idaho Basic Local Exchange Tariff to Eliminate The Recurring Charges For DID Numbers Ordered By Commercial Mobile Radio Services Providers Tariff Advice 98-05-S.
Wayne reviewed the decision memorandum. Staff reviewed the initial filing, asked the Commission to suspend it due to some of the pricing. Staff has worked with U S West and discussed the information. U S West has also agreed to provide the information a year from now to see if the situation changes.
Commissioner Hansen called for questions; hearing none, made a motion to approve the tariff.  Motion carried unanimously.
23. Birdelle Brown’s August 14, 1998 Decision Memorandum re: Idaho Universal Service Fund - 1998 Annual Report.
Birdelle reviewed the decision memorandum which included three recommendations of the Administrator, Alyson Anderson.   Ms. Anderson in her report discussed several issues to be considered.   One was the need for an audit of the fund for fiscal years 1992 thru 1998, which will cost $6,300. Another was the need to maintain a prudent reserve balance in the fund. Ms. Anderson recommended a $500,000 balance be maintained. Ms. Anderson recommends Option 3.
Commissioner Hansen asked if it wasn’t expensive to go back and change residential and business lines for only 1 cent a line? Wonder if staff looked at the cost of changing that. Suggested that if you leave them at 12 and 24 where they are currently and the Commission required all companies to be in full compliance, did a little calculation and the toll rate would be .0021. Wondered if staff had looked at other ways to come up with revenue rather than residential and business.
Birdelle replied staff did not consider that because of Albion when they will be going to $24.00.  It didn’t make sense to bring rates up now and then down. However staff did prepare Options B and C for the Commissioners. Both keep residential and business at current levels.  
Commissioner Hansen asked if there was urgency in deciding this matter ?
Birdelle responded it is to be effective October 1; anticipated 30 days notice.
Commissioner Hansen said he would like to see if we could look at other alternatives and hold this matter until the next decision meeting.
Commissioner Nelson agreed he would like to have another week.
Commissioner Hansen said based on that, will hold Item 23 until the next decision meeting.
*Birdelle noted a typographical error on Page 1 of the decision memo, it should say 1998, not 1995.
24. Brad Purdy’s August 20, 1998 Decision Memorandum re: Case No. IPC-E-98-9; Idaho Power Company Application for Approval of Extension of Schedule 20--Market Based Pricing Service Pilot Program.
Brad reviewed the decision memorandum. It was send out on modified procedure; staff commented as well as Industrial Customers of Idaho Power Company. Idaho Power also forwarded a letter from J R Simplot Company relating to Schedule 20.
Commissioner Nelson moved approval of staff recommendation.  
Commissioner Smith commented that she thought Brad misspoke that ICIP was critical of Idaho Power; they were more critical of the Commission than the proposal or Idaho Power..
Motion carried unanimously.
25. Scott Woodbury’s August 21, 1998 Decision Memorandum re: Case No. UWI-W-98-1(United Water) Non-Contiguous Expansion--Proposed Rules/Regs.
Scott reviewed the matter.  
Commissioner Smith then made a motion to approve staff recommendation of the modified proposal. Vote taken. Motion carried unanimously.
26. Scott Woodbury’s August 21, 1998 Decision Memorandum re: Case No. UWI-W-98-3 (United Water) Cost of Service-Rate Design.
Scott reviewed the matter. Said company requests a prehearing conference. Staff recommends issuing a notice and perhaps a prehearing would not be necessary.
Commissioner Smith asked why not schedule it? Can it be in the same notice?
Commissioner Smith then made a motion that an order be issued with a notice of application establishing an intervention deadline and setting schedule for hearing of the case.
Motion carried unanimously.
27. U S West Communications’ Motion to Shorten the Time for Discover Responses and Objections in Case No. USW-S-96-5.
Don Howell spoke to U S West’s filing. Reviewed the sequence of events. Said it was his understanding that the Company is filing a Motion to Compel and that tentatively an Oral Argument has been scheduled to hear this Motion, tomorrow at 3 p.m.  
Commissioner Smith, case chairman, confirmed that U S West does intend to file such a motion to compel and since the testimony is due Wednesday, will schedule an Oral Argument for tomorrow (Tuesday). If there are any issues regarding discovery materials, will discuss them at that time.
Meeting was adjourned.
Dated at Boise, Idaho, this 27th day of August, 1998.
Myrna J. Walters
Commission Secretary