19990511_1.docx

MINUTES OF DECISION MEETING
May 11, 1999 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Marsha H. Smith and Paul Kjellander and staff members Don Howell, Wayne Hart, Keith Hissing, Randy Lobb, Joe Cusick, Carolee Hall, David Scott, Doug Cooley, Tonya Clark, Bill Eastlake, Scott Woodbury, Stephanie Miller, Ron Law and Myrna Walters. Also in attendance was Jim Wozniak of U S West.
Commission President Dennis Hansen called the decision meeting to order and welcomed all in attendance.
First order of business was consideration of the Minutes of the April 20 and April 28, 1999 Decision Meetings. Since the minutes had previously been circulated to the Commissioners for their review and corrections had been made, Commissioner Hansen made a motion to approve said minutes. Vote was taken; motion carried.
Next to be considered were the items on the Consent Agenda - Nos. 2, 3, 4 and 5.
Commissioner Hansen called for comments or questions.
Commissioner Smith made a motion to approve all of the matters on the consent agenda; vote taken; motion carried.
MATTERS IN PROGRESS
6. Cheri Copsey’s May 4, 1999 Decision Memorandum re: Application of CTC Telecom, Inc. for an Amended Certificate of Public Convenience and Necessity. Case No. CTL-T-99-1.
Weldon Stutzman reviewed the decision memorandum, in Cheri Copsey’s absence. Staff recommends modified procedure with a 14 day comment period.
Commissioner Smith asked if this was normal procedure, to do modified on certificate amendments?
Weldon said it was.
Commissioner Hansen made a motion to approve staff recommendation. Vote taken; motion carried.
7. Scott Woodbury’s May 7, 1999 Decision Memorandum re: Case No. UWI-W-99-2 (United Water) Proposed Purchase of Barber Water - Petition to Intervene and Related Objection.
Scott Woodbury reviewed the decision memorandum. Scott indicated he had spoken to Mr. Miller, counsel for United Water and he stated if the Commission wanted further information he would suggest oral argument later this week. Pointed the Commission to the schedule. There isn’t a lot of time. Staff did not file any position regarding this.
Commissioner Hansen asked for comments or questions.
Commissioner Kjellander said as he looked at this filing  for “direct and substantial interest” as outlined in state code, he was having a hard time finding it in the filing made by Mrs. Ullman, where she requests intervenor status. Although it is in the public interest to have as many voices as possible, don’t see a direct and substantial interest by the applicant. In that context, he would move that the Commission deny the request for intervenor status.
Commissioner Hansen called for discussion on the motion.
Commissioner Smith said she agreed with Commissioner Kjellander. Think direct and substantial interest does have to mean something. Does not see that in the filing. Commission is not having a technical hearing in this case. These people are free to comment and provide public testimony at the public hearing. Don’t see cross examination of witnesses being necessary. would support the motion to deny the petition.
Commissioner Hansen said he also agreed. Think they do have the opportunity to be heard in the public hearing that we will have in this. Said there is a motion to deny intervention. Vote taken; motion carried. Petition to intervene will be denied.
8. Wayne Hart’s May 7, 1999 Decision Memorandum re: Idaho Telephone Service Assistance Program Administrator’s Report & Surcharge Recommendation.
Wayne reviewed the decision memorandum. Said staff overestimated the number of participants and under estimated the number of wireless lines and this resulted in collections exceeding expenses. Staff recommends the surcharge for the upcoming year be reduced from 13 cents per access line to 4 cents per access line.  
Commissioner Hansen asked for questions or comments.
Commissioner Smith asked Wayne if he considered doing 5 cents per access line?
Wayne said he did. Five cents would not reduce it quite as quickly. It would be a surcharge a little larger than the 3 month surplus. There is still a lot of iffiness in staff figures. Health and Welfare are sure the numbers will grow significantly.
Commissioner Smith said in her view seeking to minimize the number of times a rate goes up and down, she would like to go 5 cents, perhaps striking a balance between the two projections and look at it again in 2 years. Did not want to lower it and then raise it again.
Commissioner Kjellander said he would like to echo that. Think if it does need to be changed again it would be better to change it down rather than up.  
Commissioner Hansen called for a motion.
Commissioner Smith made a motion that the TRS rate be set at 5 cents. Vote taken; motion carried.
Wayne Hart asked about doing a proposed order as was done last year.
Commissioner Hansen asked Don Howell for a legal recommendation.
Don replied he thought if this was action on the administrator’s report and it had been evaluated by staff, the Commission could just issue an order. Staff had recommended in this decision memo to go modified procedure.
Commissioner Smith asked Don Howell to check on what has been done in the past, if we used modified, do that. If not issue an order. She also said she needed to amend her motion to say ITSAP rather than TRS.
Motion was amended to reflect that change and then the amended motion was approved.
Meeting was then adjourned.
Dated at Boise, Idaho, this 19th day of May, 1999.
Myrna J. Walters
Commission Secretary