19990929.docx

AMINUTES OF DECISION MEETING
September 29, 1999 - 1:30 p.m.
In attendance were Commissioners Dennis Hansen, Marsha H. Smith, and Paul Kjellander; and staff members Don Howell, Stephanie Miller, Bill Eastlake, Tonya Clark, Terri Carlock, Bev Barker  and Myrna Walters. Also in attendance were Jeannette Bowman of Idaho Power Company; Joe Miller, Attorney at Law and Peter Richardson, Attorney at Law.
Commission President Dennis Hansen called the meeting to order.  
First item of business was approval of the September 14 and September 20, 1999 Decision Meetings. (The Minutes have circulated to the Commissioners for their review, corrections have been made and they are ready for consideration).
Commissioner Hansen made a motion to approve the minutes; vote taken; motion carried.
Next order of business was the CONSENT AGENDA, Items 2 - 4.
Commissioner Hansen called for questions or discussion on these matters. Hearing none, he made a motion to approve staff recommendations on all items on the agenda. Vote taken on the motion: carried unanimously.
MATTERS IN PROGRESS
5. Brad Purdy’s September 20, 1999 Decision Memorandum re: Case No. IPC-E-99-6; Transfer of Ownership Interest of Applied Power Corporation and Idacorp Financial Services, Inc. from Idaho Power Company to Idacorp., Inc.
Terri Carlock reviewed the decision memo, in Brad Purdy’s absence. Staff recommends approval with conditions.  
Commissioner Smith made a motion to approve the transfer, with staff conditions. There was no further discussion; motion carried.
6. Don Howell’s September 21, 1999 Decision Memorandum re: Merger of Qwest Communications International and U S West, Inc.
Don reviewed the decision memo. There is no transfer of certificates. Further information regarding clarification of the officers has been provided. Staff has analyzed the transaction. It is different from Scottish Power matter, because of Section 61-628.
Staff recommends that the commission need not approve or exert jurisdiction over the proposed merger. Staff further recommends that the commission require the Qwest subsidiaries to provide their customers with individual 30 days’ notice of the discontinuance of certain MTS services.
Commission also received letter from McLeod’s local counsel regarding the merger. The letter speaks for itself.
Commissioner Hansen called for questions.  
Commissioner Kjellander asked how many long distance customers Qwest has in Idaho?
Don replied that staff didn’t have the customer count. Qwest has four operating systems.
Commissioner Kjellander asked what the federal requirements were?
Don said the FCC requires notification when there is discontinuance of service. Our statute says a corporation shall publish notice in the local newspapers and other reasonable notification is required by the Commission.  
Commissioner Kjellander said it looked like this goes a step beyond by clarifying notification.
Commissioner Hansen asked what the pleasure of the Commission was?
Commissioner Kjellander said he could go along with staff recommendation and attach to that the requirement for the subsidiary to give 30 days notice to the customers should the merger be finally approved (but not approval by this Commission). Made that a motion.
Commissioner Smith suggested saying we appreciate McLeod’s letter but think it is clear that the commission doesn’t have jurisdiction over these holding companies. Appreciate the fact people out there being vigilant in advising the Commission of their authority.
Motion carried.
7. U S West’s Motion for an extension until October 6 to answer the complaint filed by Microserve, Case No. USW-T-99-2. Microserve did not oppose the extension.
Don Howell said given the fact that an answer was required today, thought the Commission would want to look at this at the decision meeting.
Commissioner Kjellander said since there was no objection, he would move to grant the request.  Vote taken: motion carried.
Decision meeting was then adjourned.
Dated at Boise, Idaho, this 5th day of October, 1999.
Myrna J. Walters
Commission Secretary