19981007_1.docx

MINUTES OF DECISION MEETING
October 7, 1998 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Ralph Nelson and Marsha H. Smith and staff members Brad Purdy, Don Howell, Scott Woodbury, Weldon Stutzman, David Scott, Wayne Hart, Birdelle Brown, Stephanie Miller, Bill Eastlake, Syd Lansing, Keith Hessing, Carolee Hall, Doug Cooley, Rita Scott, Tonya Clark  and Myrna Walters. Also in attendance were Joe Miller, Attorney at Law; Eileen Benner of AT&T;  and Bart Kline and Jeannette Bowman of Idaho Power Company.
Matters listed on the October 7, 1998 Published Agenda were discussed and decisions recorded as follows.
Commissioner Hansen called the meeting to order and welcomed all in attendance.
Item No. 1 - Approval of the September 23, 1998 Decision Meeting Minutes was held as the minutes  had not circulated to all the Commissioners for review and corrections.
CONSENT AGENDA - Items 2 thru 8 as listed and Commissioner Hansen also moved Items 9 and 11 from the Matters in Progress section to the Consent Agenda.
Commissioner Hansen then asked for questions or comments on any of the consent agenda items.
Commissioner Nelson said he wanted to discuss No. 9 - Wayne Hart’s September 30, 1998 Decision Memorandum re: Petition for Extended Area Service From Customers of
Rural Telephone Company in the Boise River Exchange to U S West Exchanges of Mountain Home, Boise and the Treasure Valley EAS Region.
Commissioner Nelson said he thought it might be a little early for Rural, before a decision is made on what to do in the Mountain Home case. Assume the Mountain Home outcome would have a bearing on the Rural case.
Wayne Hart said he assumed that the hearing would be toward the end of this year, if this year.  Thought the Mountain Home decision would be reached in a couple of months.  
Commissioner Nelson commented he didn’t see the Commission going to Pine and Featherville in December.
Wayne said he thought the hearing would be in Mountain Home.
Commissioner Nelson also had a question on No. 11. Keith Hessing’s October 5, 1998 Decision Memorandum re: Idaho Power Company Tariff No. 98-09; Revisions to Tariff Rule K (Idaho) and Rule 11 (Prairie).
Thought this might be something that Mr. Richardson or Micron might be interested in commenting on.
Keith Hessing replied that Micron has some very sophisticated equipment in their plant in Boise that could be affected by this problem.   The parties who are extremely interested in this matter are covered.
Commissioner Hansen asked if there were other questions.
Commissioner Nelson then made a motion to approve staff recommendation on all the items on the Consent Agenda. Vote was taken; motion carried unanimously.
10. Weldon Stutzman’s October 2, 1998 Decision Memorandum re: Case No. GNR-T-94-5 Motion for Declaratory Ruling by MCI Telecommunications.
Weldon reviewed the matter and set out the proposed dates and timing of the filings.
Commissioner Hansen called for questions; hearing none, made a motion to approve staff recommendation.
Commissioner Nelson asked Weldon if he was going to have a telephone conference on the matter or was he preparing something?
Weldon replied that he was just going to prepare an order if the Commissioners approved the briefing schedule he had proposed.
Vote was then taken on the motion; carried unanimously.
12. Scott Woodbury’s October 5, 1998 Decision Memorandum re: WWP-E-98-10 (Washington Water Power) Petition to Suspend PCA Rebate Filing ($3,093,000) Requirement.
Scott reviewed the decision memorandum. Company is now requesting that the Commission suspend its requirement to file a revised PCA tariff noting that their pending filing in WWP-E-98-4 requesting termination of the PCA is set for hearing on October 28, 1998. Commission has the petition before them based on the filings and can either grant or deny the petition or set the matter for notice. If noticed, staff would oppose the company’s proposal and would seek to have the Company required to make this filing.
Commissioner Nelson commented he was going to ask if staff had a recommendation on this but think he sees it now.
Scott said staff was stating a position; is advancing a position on this. They are not making a recommendation.
Commissioner Hansen said he didn’t see that anything had changed yet in this. If and when the PCA is terminated then it starts at that time. As he looked at this, the $3,000,000 is obligated for refund now. Those are the rules we are playing by now.
Commissioner Smith said she saw it a little differently since we have a hearing on whether or not to continue the rebate, there would be no harm done by granting the petition until the Commission has the hearing. It will stay in the fund, nothing has changed. If we are going to have the hearing within two days of ruling on the petition, it would make sense to grant the petition and rule on it after the hearing.
Commissioner Hansen asked Commissioner Smith if she saw this money accruing interest in the account?
Commissioner Smith replied the money would be accruing in the account as it has been under the current procedure.
Commissioner Nelson asked where we were with this trigger account? Are we in an area where there is a rebate going?
Keith Hessing replied yes. They can have two in place at the one time. One just expired in September. They could put another one in place. The trigger amount is there. Under the rules that were originally set up they should file for and we should implement the second rebate. There is no interest that accrues on their deferred account.
Commissioner Nelson said he didn’t think it would hurt to allow a deferral of some period of time - such as 45 days to see what is going to come out of the hearing at the end of the month.
He then made that a motion.
There was not further discussion. Commissioner voted unanimously to defer the matter for 45 days.
Scott asked for clarification - asked if the Commissioners wanted the matter suspended until the Commission issues its order in the WWP-E-98-4 case?
Commissioners agreed that was part of the decision. Order of suspension will be issued.
13. Terri Carlock’s October 5, 1998 Decision Memorandum re: Washington Water Power Application for Authority to Issue Conversion Preferred Stock; Series L and Instruments to Implement the Exchange and Conversion; Case No. WWP-U-98-1.
Terri Carlock reviewed the matter.   Also mentioned that one letter was received from a shareholder that expressed his view that this should be turned down as he felt the Board Chairman and others  in the company would have an unfair advantage. Terri commented that will not happen.
Commissioner Hansen called for questions.
Commissioner Nelson asked if the person who converts to stock could exchange it later for common stock and gain anything?
Terri replied it will be a share for share exchange. They will not be part of any advancement that the stock may make.  
Commissioner Nelson then made a motion to approve the filing. Vote taken: motion carried unanimously.
Commissioner Smith asked that the order address the comments saying we have no control over their concerns.
Meeting was adjourned.
Dated at Boise, Idaho, this 14th day of October, 1998.
Myrna J. Walters
Commission Secretary
mjw
19981007.min