19990405_1.docx

MINUTES OF DECISION MEETING
April 5, 1999 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Marsha H. Smith and Paul Kjellander and staff members Don Howell, Ron Law, Weldon Stutzman, Scott Woodbury, Terri Carlock, Joe Cusick, Marge Maxwell, Allan Killian, Rick Sterling, Keith Hessing, Syd Lansing, Doug Cooley, Carolee Hall, Birdelle Brown, Bev Barker, Randy Lobb, Bill Eastlake, George Fink, Wayne Hart and Myrna Walters. Also in attendance were: Ron Lightfoot of U S West; Conley Ward, Attorney at Law; Eileen Benner of AT&T and Mr. Jacobson, U S West Customer involved in Item 11 on the Agenda.
Commissioner Hansen called the decision meeting to order. Welcomed all in attendance and announced that Item 11 on the Agenda was being held until the next decision meeting.
Other matters on the Published April 5, 1999 Agenda were discussed and acted upon as recorded herein.
1. Minutes of March 30, 1999 Decision Meeting (Minutes have circulated to the Commissioners for their review and corrections have been made).
Commissioner Hansen said since the minutes had circulated and corrections had been made, he would make a motion to approve the minutes. Vote taken on motion; carried unanimously.
CONSENT AGENDA
Items 2 through 6A on the Agenda were then considered.
Commissioner Hansen asked if there were questions or concerns regarding any of the matters listed?
Commissioner Kjellander made a motion to approve the items; discussion called for; hearing none, vote was taken; motion carried unanimously.
MATTERS IN PROGRESS
7. Scott Woodbury’s March 25, 1999 Decision Memorandum re: Case No. BRN-W-98-1 (Brian Water) Rate Case.
Scott reviewed the decision memorandum. Although the Company has requested only a 10% increase in rates, Staff has determined that to provide for the company’s present and future viability, a $3,105 or 31 % increase in revenue is required. Deadline for filing comments was March 5, 1999. Other than staff, only one customer commented. Mr. Baxter indicates he is opposed to modified procedure and requests a hearing. He also questions why the Commission and Staff would consider giving Brian Water a 31% increase when the Company in its application requested only 10%. He also raised questions regarding service, equipment and water quality. Do think a lot of the problems have been remedied. The hardness of the water is not an actual health threat. Said in response to Mr. Baxter’s questions regarding the proposed 31% increase, would point the Commission to some statutory authority. Quoted Sections 61-203, 61-501, 61-502 and 61-503. Questions under Commission Decision in the decision memorandum are those to be considered.
Commissioner Hansen asked whether or not all of the customers are aware of staff’s recommendation regarding the increase?
George Fink, staff engineer assigned to the case responded that Bev Barker and the Consumer Group sent notification out to all customers. Understands there was a neighborhood meeting and staff has not seen a request for hearing coming from that meeting.
Commissioner Kjellander said in reading some of the concerns from the customer filing the complaint, company finally concluded that the pump is working and the problem is somewhere else beyond the pump. Sounds like it may be an isolated scenario and it is the customer’s problem.
Scott replied that George Fink spoke with Mr. Bowar of Brian Water  and the booster pump has been repaired.  George said there are two people with booster equipment. There have been some communications problems with the owner and the repair companies. The owner switched companies that repaired the pumps. George talked to Mr. Baxter and Baxter did indicate to him that he thinks he may have problems that are his only.
Commissioner Smith asked George when the homeowners’ meeting was?
George said he didn’t know exactly, but thought it was a week or two ago.  
Commissioner Smith commented she had some sympathy with Mr. Baxter, when a utility comes in for a 10% increase and staff recommends 30% - that may be some cause for concern. But think the amount is warranted. Her only thought was if it is a problem, it could be phased in,  in a 3-year period so it wouldn’t hit them all at once. But if only Mr. Baxter is concerned, that probably would be unnecessary. Asked staff if they had any reaction to that proposal?
Scott said he wasn’t aware of any other customers that had a problem.
George commented the customers did talk to the owner about management problems. There is talk to work on the service issues.
Commissioner Hansen asked if the association anticipated some improvements in service?
George said they had a big outage in July and the owner was hard to contact. They have been trying to work with the owner to get the service improved.
Commissioner Smith commented about the commission in 1989 declaring this system non-profit but still taking jurisdiction. Thought if this Commission were to make the decision about whether or not this Company should be regulated by the Commission, it might make a different decision.
Commissioner Hansen said he thought that since the association was aware of the staff recommendation and if we have mainly the one customer who commented and staff has gotten back with him and he understands some of the problem, he thought looking down the road,  making  sure there is improvement in service and there is adequate supply, would make a motion to approve staff recommendation of a 31% increase. Asked if there was discussion. Hearing none, vote was taken: motion carried unanimously.
8. Don Howell’s March 31, 1999 Decision Memorandum re: Request for an Exemption from the Commission’s Railroad Clearance Rules, Case No. BN-RR-99-1.
Don Howell reviewed the matter. Said Commission does have authority to grant such waivers. In this particular case it is impaired by 12 inches. Reason why the matter was put under Matters in Progress on the Agenda was because there were no comments filed, at all. Staff has been advised that the company has put in warning signs. Staff has now brought this to the Commission for action.
Commissioner Smith made a motion to grant the waiver. Vote taken on the motion: carried unanimously.
9. Scott Woodbury’s March 31, 1999 Decision Memorandum re: Case No. WWP-E-98-1 General Rate Case (AVISTA) Late Filed Petition for Intervention (Hecla; Silver Valley; Sunshine).
Scott reviewed the matter.
Commissioner Hansen asked if there were comments or questions regarding this matter?
Commissioner Kjellander asked if there was any reason given for the late filing?
Scott said they didn’t indicate why they were filing late. Commented he has been trying to drum up some intervenors.
Commissioner Kjellander then made a motion to approve the intervention; vote taken on the motion; carried unanimously.
10. Wayne Hart’s April 1, 1999 Decision Memorandum re: Washington County Petition for Extended Calling Area Between the Payette, Weiser, Midvale, Cambridge, Fruitland, New
Plymouth and Ontario, Oregon Exchanges, as well as inclusion in the Treasure Valley Extended Area Service Region.
Wayne Hart reviewed the matter. Said staff is now recommending opening a case for the non-U S West requests in this region. (Midvale and Cambridge).
Commissioner Smith asked Wayne if staff was in contact with the Oregon staff on the Oregon petition?
Wayne said yes - staff is having conversations on the Oregon deliberations.
Commissioner Kjellander made a motion for approval; vote taken; motion carried.
11. Held until next decision meeting.
12. Case No. M-8432-1 Protest of Application for Authority of O Transport.
Ron Law reviewed the matter. Timely protest was filed; O Transport then responded. Mr. Olson was mistaken that he could operate on the Rightway authority. However, in looking at the case and visiting with Mr. Olson, staff feels that his operation is safe and sees no reason why the new company can’t operate in a safe manner and adhere to the Commission’s safety requirements and staff would recommend that the authority applied for be approved.
Commissioner Hansen called for discussion or questions.
Commissioner Smith said 20 years ago matters like this were common and the Commission would go to hearing. Regulation has changed and with that, would move that the Commission approve the application of O Transport in spite of the protest. Don’t have to deal with these in the same manner as in the past. Vote taken on the motion; motion carried.
13. Election of Commission President.  
Commissioner Hansen said he would open the floor to nominations for President.
Commissioner Kjellander said he would like to place the name of Commissioner Hansen in nomination for President of the PUC.
Commissioner Smith made a motion that nominations cease and that Commissioner Hansen be elected by acclamation.
Vote was taken on Commissioner Kjellander’s motion; carried unanimously.
Commissioner Hansen said he appreciated the support and the vote. Would like to say that he appreciated the support of the Commissioners and staff in this position and said there is no way he could handle it without the support from everyone. The Commissioners have a good working relationship here and said he appreciated Commissioners Nelson and Smith in the past and Commissioner Kjellander as he has come on and thinks  the Commission can accomplish the things it needs to do. He will try to do a good job.
14. Discussion of TRS Administrator Contract - will be discussed in Executive Session.
Decision Meeting was then adjourned.
Dated at Boise, Idaho, this 7th day of April, 1999.
Myrna J. Walters
Commission Secretary
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