19981202_1.docx

MINUTES OF DECISION MEETING
December 2, 1998 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Ralph Nelson and Marsha H. Smith and staff members David Scott, Scott Woodbury, Brad Purdy, Joe Cusick, Doug Cooley, Weldon Stutzman, Marge Maxwell, Carolee Hall, Madonna Faunce, Rick Sterling  and Myrna Walters. Also in attendance were Conley Ward, Attorney at Law; Joe Miller, Attorney at Law; Bart Kline, Attorney at Law; and Sharon Ullman, Intervenor in United Water Case on Agenda..
Commissioner Hansen called the decision meeting to order.
First item of business was Approval of Minutes of November 17, 1998 Decision Meeting. Commissioner Hansen made a motion to approve the minutes; motion seconded; carried unanimously.
Next order of business was the Consent Agenda (Items 2 -12).
Commissioner Nelson had a question of Wayne Hart, regarding Item No. 9 - Petition from CenturyTel of the Gem State Customers for Extended Area Service From Grandview, Bruneau and Oreana to Mountain Home, Boise, Nampa, Caldwell and the Communities in U S West’s Treasure Valley Calling Area. Asked, considering the size of the telephone company, how far along is the Commission on the current EAS petition, could this one be combined with that?
Wayne replied that the testimony has already been submitted on the Richfield case and staff hasn’t even started collecting data on the other exchanges.   Thought it would be difficult to combine the petitions.
Commissioner Nelson then moved approved of all items on the Consent Agenda; motion seconded, carried unanimously.
Next item to be considered was No. 13 under Matters in Progress - Scott Woodbury’s November 25, 1998 Decision Memorandum re: Case No. WWP-G-98-3 Annual Gas Tracker--4.04% Increase.
Scott reviewed the matter and went over the details set out in the decision memorandum.  
Commissioner Smith asked why it takes the company so long to make a filing?
Scott said it was his understanding that the Washington Commission requires a filing by October 15 with 45 days for processing.   Company has now agreed to file in Idaho by September 15.
There was discussion on the timing.
Commissioner Nelson then made a motion to approve the September 15 filing date for the next year’s filing  and also approve staff recommendation in the current matter.
Vote on the motion was taken; passed unanimously.
Scott asked about comments regarding the customer concerns.
Commissioner Smith said her only comment was we have done trackers for years and this tracks the company expenses and there are years when there are decreases and years where there are increases.
14. Scott Woodbury’s November 25, 1998 Decision Memorandum re: Case No. UWI-W-98-3 Cost of Service/Rate Design Motion to Compel.
Scott reviewed the decision memo. Said staff notes that informal complaints are protected under a statutory investigative record exemption. Commission agrees to protect this, that seems to be consistent with the statute.  
Commissioner Hansen asked Sharon Ullman if she had anything further to add?
Ms. Ullman spoke to the company’s reply to her Motion. Said company indicates water quality is not an issue in this case but she believes it is always an issue. Still believes these records are not exempt but if the Commission decides they are, she would request the Commission contact the people who spoke previously to water quality complaints to give then the opportunity to speak to current problems if they still exist.
Commissioner Hansen asked it there were further questions or comments. Said he was concerned about the privacy of the people. Said he personally would be offended if someone contacted him about a complaint he had made with the PUC, and as he looked at the rules, think it is plain that this should be handled consistently. Would be reluctant to grant the request filed here. Think based on the rules, we shouldn’t.  
Commissioner Nelson said he agreed but did think Ms. Ullman raises a valid point about notice of the hearing in this case. This is a good time to make David Scott, the Commission PIO aware of the Commissioners’ concerns,  and we can do something extra on this so there is participation by the customers.
Commissioner Smith said the Commissioners have gone out of their way to protect the privacy of consumers and would expect the utilities to do the same.  There are circumstances when customers give permission for the release of this information. Ms. Ullman had an example of one attached to her Motion. Said she was in favor of protecting the customers and thought the Commission’s policy was consistent with the rules. They are usually exempt from disclosure, so she would make a motion to deny the Motion to Compel.  
Vote taken on motion; motion carried unanimously.
Commissioner Hansen said the Commissioners will work with David Scott on public notice and he encouraged Ms. Ullman to contact the media and get them to take note of the proceedings.
Meeting was adjourned.
Dated at Boise, Idaho, this 9th day of December, 1998.
Myrna J. Walters
Commission Secretary