19990602_1.docx

MINUTES OF DECISION MEETING
June 2, 1999 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Marsha H. Smith and Paul Kjellander and staff members Don Howell, Cheri Copsey, Scott Woodbury, Tonya Clark, Doug Cooley, Randy Lobb, Carolee Hall, David Schunke, Joe Cusick and Myrna Walters. Also in attendance were Mike McGrath of Intermountain Gas Company and Woody Richards, Attorney at Law.
Commission President Dennis Hansen called the meeting to order.  
First order of business was consideration of the Minutes of the May 16, 1999 Decision Meeting. Since the minutes had circulated to the Commissioners and corrections had been made, Commissioner Hansen made a motion to approve the minutes; vote taken; motion carried.
Next to be considered were the items on the CONSENT AGENDA, Nos. 2 thru 5.
Commissioner Hansen said No. 6 was being moved to the Matters in Progress portion of the agenda. He asked if there were comments or questions on any items nos. 2 thru 5.
Commissioner Kjellander said he would make a motion to approve those items; vote taken; motion carried.
MATTERS IN PROGRESS
6. Scott Woodbury’s May 28, 1999 Decision Memorandum re: Case No. INT-G-99-1 (Intermountain Gas) Annual Gas Tracker (PGA).
Scott reviewed the matter. Said individual notice had not bee provided to the customers as required by the Commission’s Rules and staff’s interpretation of those rules is that individual notice should be provided a minimum of 30 days period to the requested effective date. Staff therefore recommends suspension of the July 1 effective date, by 30 days, and the company anticipates they can provide the notice to all customers by June 22 and the company does not favor or want a mid-month effective date for this PGA.  
Mike McGrath of Intermountain Gas asked to speak. Said he had a phone discussion with Tonya Clark and they had agreed to proceed with a bill stuffer instead of or in attention to customers notice that has already been give to the customers. He informed Scott Woodbury and Tonya Clark and at this very moment the company is putting bill stuffers into the bills and will have 100% of customers notified by the middle of the month.
Commissioner Hansen asked for questions.
Commissioner Smith asked Scott - about the chart indicating an increase in the T-1 rate but the text of the decision memo saying a “decrease”. Which was correct?
Scott said the chart was correct, the decrease spoken to was a typo.
Commissioner Kjellander asked: in terms of a decision date, is the Commission up against a wall to get it approved or denied by a date certain? What does this do to us in delaying the timetable?
Scott said the Commission has some latitude. If the company has not provided the notice the Commission can even return the application. Staff is not recommending this in this case, but is recommending a 30 day suspension.
Woody Richards, counsel for Intermountain Gas Company then commented. He quoted from Idaho Code Section 61-307 that says the Commission can increase rates on less than 30 days notice and quoted from Rules of Procedure regarding due process. Said in attention to the notice Mr. McGrath mentioned, the press release and bill stuffer, company provided copies of the application to intervenors from past cases. Since the time it was filed before the Commission, in terms of accomplishing goals of the Commission rules, it will have been completely noticed out by the time the Commission makes a decision in the matter.
Commissioner Smith asked if he was suggesting that the Commission not suspend the date?
Woody replied the Commission has that right. The preference of the Company would be to not have the additional suspension.  
Mr. McGrath pointed out that it was not unusual to wait until the first week of July to have a Commission order issued in tracker cases.  
Commissioner Hansen asked if there was anyother discussion? Asked what the pleasure of the Commission was?
Commissioner Smith said she thought that staff was correct in pointing out customer notice. But if  the customer notice  period extends to the end of the month, customers can get stuffer and information before July 1. Think we could probably accomplish the goal of having customers have adequate notice, think we could probably accomplish the goals and still keep to the timeframe. If we need extra time, we could take it.
Commissioner Kjellander said that was what he was trying to ask earlier. He can support that if we stay on track.
Commissioner Smith said if there are things that come up in the comments, we can suspend it then and take extra time. Don’t think this forecloses us either way.
Commissioner Hansen asked if that was a motion?
Commissioner Smith said she would not further suspend right not. Would set a comment date before the end of the month. If the Commission needs more time we can suspend later.
Vote taken: motion carried.
7. Cheri C. Copsey’s May 26, 1999 Decision Memorandum re: In the Matter of the Petition of Centurytel of the Gem State, Inc. for Suspension of the dialing Parity Obligations of 47 U.S.C. Section 251(b)(3) Pursuant to 47 U.S.C. Section 251(f)(2) - CGS-T-99-2.
Cheri reviewed the decision memo. Said staff has reviewed the petition and consulted with the Nevada Commission regarding this matter. Staff recommends granting the Petition and ordering the intraLATA toll dialing parity obligations be suspended until September 30 ,2000.
Commissioner Hansen called for questions or comments.
Commissioner Kjellander made a motion to grant the petition to suspend until September 30, 2000.
Commissioner Hansen called for discussion.
Commissioner Smith commented if they think they are going to have a federal permit in that length of time they are mistaken.
Cheri replied it will probably be more difficult than they think.
Commissioner Smith said she did support the motion.
Vote taken: motion carried.
Meeting was adjourned.
Dated at Boise, Idaho, this 8th day of June, 1999.
Myrna J. Walters
Commission Secretary