19990628_1.docx

MINUTES OF DECISION MEETING
June 28, 1999 - 1:30 p.m.
First order of business was approval of the minutes of June 11, 1999 and June 21, 1999 Decision Meetings. Since they had circulated to the Commissioners for their review and corrections had been made, Commissioner Hansen made a motion to approve the minutes. Vote was taken on the motion; motion carried.
Next order of business was the CONSENT AGENDA - Items 2 through 4.
Commissioner Hansen asked if there were questions or comments on any of the items?
Commissioner Hansen made motion to approve; vote was taken on the motion; carried unanimously.
MATTER IN PROGRESS
5. Birdelle Brown’s June 23, 1999 Decision Memorandum re: GTE Tariff Advices 99-06 and 99-08 to Provide Automatic Busy Redial, Automatic Call Return and Three Way Calling on a Per-Activation Basis, Effective June 28.
Birdelle reviewed the matter. She referred the Commission to it’s March 15th action where it held a GTE request to increase directory assistance fees that would increase annual revenue $60,000 a year. GTE withdrew its tariff application for directory assistance and consequently there was no Commission decision. She felt that she could not approve GTE’s pay per use application. GTE has sent the Commission a letter under separate cover stating that it believes it should be allowed to offer discretionary services at market rates.
Commissioner Smith asked Terri Carlock when will they next be audited.
Terri responded - usually we look at a three year cycle unless there is cause for an earlier one. Next one should be next year.
Commissioner Smith recommended approval although it may seem contradictory to our previous actions. These are discretionary services and an audit will happen in a year and we’ll know if there is a concern with overearning.
Commissioner Hansen - we have a motion to approve, and asked for comments or discussion; none; vote was taken; motion carried unanimously.
6. Scott Woodbury’s June 24, 1999 Decision Memorandum re: Case No. INT-G-99-1 (Intermountain Gas) Annual Gas Tracker
Scott reviewed the matter. At this point, need to determine whether there should be an adjustment to the company’s application or whether there should be a stay of proceedings that was requested by some of the customers, or should there be a hearing.
Commissioner Hansen said that there are representatives from Intermountain Gas today, and we have hooked up with their attorney in Chicago. Is there any comments that you wish to add or discuss in this matter?
Skip Worthen replied that he would like to call again to the attention of the Commission, that he didn’t think it was stressed that the value of the service is $77.5 million. It covers almost 80 years of administrative fees that are included as the annual cost in this application. The other thing, on the notice we are calling attention to number of locations and articles that our neighbors throughout southern Idaho, and dates of those basically fall through May 17th and the last on May 26th, well in advance of thirty days we are talking about. Customer notification as set in modified procedure, we have provided the customers 100% prior to three day notification period.
Woody Richards responded that the $72,000 error that the company found is to be postponed until the next tracker with interest to customers. Didn’t know if Scott had mentioned that.
Skip Worthen: In addition to modification of benefits, those were also documented in the competitive practice case 98-3 and responses we had to the staff at that time were $75 million, we did break that down.
Commissioner Hansen asked if the Commissioners had any questions or discussion on this matter. I would like to make a comment, I think more time is needed by the Commission to consider the issue presented by Intermountain Gas and Staff and I think it would be reasonable that we extend the proposed effect date of July 1, 1999 for thirty days. This would give the Commission a chance to possibly set up a workshop to discuss issues of this filing. If the Commission felt that it was necessary, there are some issues here that we need to clarify and make sure in our minds that we are comfortable with the numbers and information we have. I move that we extend the July 1, 1999 deadline for thirty days. I open that motion for discussion from the Commission.
Commissioner Kjellander supports the motion.
Commissioner Smith supports the motion to suspend deadline for thirty days. But wanted to point out that this is a tracker case and not a rate case and that the process used should reflect that. Thinks the workshop is a good idea.
Commissioner Hansen said we have a motion before us to extend the deadline for thirty days and as I mentioned, we could set up a workshop with the Commission. With that motion, vote was taken; carried unanimously.
7. Scott Woodbury’s June 25, 1999 Decision Memorandum re: Case Nos. AVU-E-99-3, IPC-E-99-5, UPL-E-99-2 Avoided Cost Variable Rate-Annual Revision Change in Methodology.
Scott reviewed. He suggested moving it to a separate docket for investigation, which is recommendation of the utilities filing comments. Perhaps workshops to identify contracts.
Commissioner Hansen asked if there were any questions or discussion in this matter?
Commissioner Smith responded that the co-gen partners have raised some issues that should be addressed. However, a separate proceeding would be more appropriate. The existing procedure should be used this year and changed for next year, if needed.
Commissioner Smith made motion to approve, vote taken; motion carried.
8. Jean Jewell’s June 25, 1999 Decision Memorandum re: Formal Complaint Filed by the Concerned Citizens of Triumph Requesting Idaho Power Company Fulfill it’s Agreement to Move Interim Three-Phase Lines Underground Following Site Clean Up.
Jean Jewell reviewed the decision memorandum of Triumph’s request to the Commission to Order Idaho Power to enforce a 1994 agreement to bury the power lines. Idaho Power has concerns with the method of clean up of contaminated soil. She asked the Commission if they wish to open a formal complaint in this matter.
Commissioner Hansen asked if there were any questions for discussions from the Commission?
Commissioner Hansen then replied with comment that Idaho Power brings forth worthy arguments and concerns, health and safety. In his mind the best way to handle this would be to open a case.
Commissioner Smith responded that we don’t do contract enforcement. We would look at service to the public and safety for Company employees.
Commissioner Kjellander would like to make a motion to table this for forty five days to follow up on the issues.
Commissioner Hansen: we have a motion from Commissioner Kjellander to table this until we follow up. Vote taken; carried unanimously.
9. Scott Woodbury’s June 25, 1999 Decision Memorandum re: Case No. UWI-W-98-03 (United Water) Petition for Reconsideration-Order No. 28043.
Scott reviewed. He pointed out that the guidelines followed by the Commission were set out and the Rules and Procedures were followed.
Commissioner Hansen asked if there were any questions for discussions from the Commission? He added there was quite an extensive deliberation on the intervenor funding on this case, I think the amount awarded to Ms. Ullman was fair and just, so I would move the Petition for Reconsideration be denied. With that motion I would open it up to any discussion or any comments on the discussion on reconsideration.  Vote taken; motion carried.
10. Proposed Abandonment of Boise Cut Off by Union Pacific Railroad.
Commissioner Hansen turned this over to Commissioner Kjellander.
Commissioner Kjellander said he would provide a quick overview. According to Idaho State Code, the Commission’s responsibility is to take into consideration three things, if abandonment adversely affects the area being served, impairs the access to goods and services and whether the line has potential. If the Commission finds affirmative for any of this criteria, then it must send its findings to the Surface Transportation Board. The Commission has reached a decision and intends to file a report with the Surface Transportation Board recommending that the Boise Cut Off abandonment be disallowed.
Meeting was adjourned.
Dated at Boise, Idaho, this 7th day of July, 1999.
Barbara Barrows
Assistant Commission Secretary