19991012_1.docx

MINUTES OF DECISION MEETING
October 12, 1999 - 2:45 p.m.
In attendance were Commissioners Dennis Hansen, Marsha H. Smith and Paul Kjellander and staff members Cheri Copsey, Joe Cusick, Terri Carlock, Tonya Clark, Bev Barker, Scott Woodbury, Birdelle Brown, Stephanie Miller, Ron Law and Myrna Walters. Also in attendance were Conley Ward, Attorney at Law and John Hovren, Attorney at Law.
Items from the published October 12, 1999 Agenda were discussed as recorded herein.
Commissioner Hansen called the decision meeting to order and apologized for the delay in starting the meeting. He was participating in a telephone hearing.  
First item of business was consideration of the Minutes of the September 29, 1999 Decision Meeting. They have circulated to the Commissioners for review and corrections have been made.  Commissioner Hansen made a motion to approve said minutes. Motion carried.
Next to be considered were items 2 thru 9 on the Consent Agenda and No. 16 under Rulemaking - Weldon Stutzman’s October 7, 1999 Decision Memorandum re: Case No. 31-7101-9901; Adoption of Amendment to IPUC Railroad Clearance Rule, which was moved to the Consent Agenda.
Commissioner Hansen asked if there were questions or discussion on any items on the Consent Agenda? Cheri Copsey corrected the case number on No. 8 - to GNR-T-99-20.
Commissioner Hansen had a question on No. 2 - Carolee Hall’s September 29, 1999 Decision Memorandum re: GTE Tariff Advice 99-13.
Asked if it is picked up in company audits if there is a positive revenue from this and we are guaranteed that they are not overearning?
Terri Carlock replied - as long as it remains in Title 61.
There were no other questions.
Commissioner Hansen then made a motion to approve staff recommendation on all items on the Consent Agenda. Vote taken: motion carried.
MATTERS IN PROGRESS
10. Don Howell’s October 4, 1999 Decision Memorandum re: Application of dPi-Teleconnect For a Certificate of Public Convenience and Necessity, Case No. GNR-T-99-7.
Joe Cusick reviewed the matter, in Don Howell’s absence. Staff recommended denial of the
certificate; but if the Commission decides to grant a Certificate, staff recommends imposing certain requirements.
Commissioner Smith asked for clarification of the type of service offered.
Joe replied.
Commissioner Hansen asked what the pleasure of the Commission was? Thought it was a little confusing when staff recommends approval but if it is granted, there are three conditions. He asked if approving this with the stipulations of staff satisfies the concerns and gives adequate safeguards?  
Joe said it does give the customers some safeguards. The principals don’t have a very good track record in Idaho. The bond does give some customer protection.
Commissioner Kjellander asked about restricting the service area of dPi?
Joe said in his opinion the Commission is on thin ice to grant certificates with restrictions.
Commissioner Hansen made a motion to grant the certificate with the three conditions that staff put forward; the conditions set out on Page 5 of the Decision Memo; also grant it without restricted service areas.
Vote was taken on the motion: Commissioners Hansen and Kjellander voted for the motion; Commissioner Smith voted against it.
11. Brad Purdy’s October 6, 1999 Decision Memorandum re: Case No. IPC-E-99-9; Idaho Power Company’s Motion to Dismiss Complaint of Floyd Audette. This item was held until the October 25, 1999 Decision Meeting.
12. Scott Woodbury’s October 6, 1999 Decision Memorandum re: HVW-W-99-1; (Happy Valley Water System) Proposed Sale/Transfer of Water System.
Commissioner Smith made a motion to approve the sale/transfer of the system. Vote taken on the motion; carried.
13. Scott woodbury’s October 7, 1999 Decision Memorandum re: AVU-E-99-6(Avista)(PAC-E-99-2(PacifiCorp) Centralia Sale EWG “Eligible Facility” Status.
Scott Woodbury reviewed the matter. Staff was the only commenter.  
Commissioner Smith asked if staff came to this recommendation after the comments were filed?
Said she didn’t see a recommendation in the comments. The recommendation was also conditioned on its ultimate conclusion that the sale should be approved. Commissioner Smith made a motion to approve the conditioned EWG status for both Avista and Pacificorp. Vote taken on the motion: carried.
14. Scott Woodbury’s October 8, 1999 Decision Memorandum re: AVU-E-99-6 (Avista) Centralia Sale and 15. Scott Woodbury’s October 8, 1999 Decision Memorandum re: PAC-E-99-2 (PacifiCorp) Centralia Sale.
Scott asked that both matters be handled consecutively. He did two different decision memos because of the distinction between the two proposals. There is an outstanding Commission directive in the Avista rate case set out in the decision memo. Main difference is the intervention by Potlatch. Staff supports modified procedure for both cases but they can proceed to hearing if it is appropriate. Staff identified several issues.
Commissioner Hansen called for the question. Said he didn’t have a problem with modified for Pacificorp but with Avista he would be concerned that modified procedure would be appropriate.  Think there are issues brought up that would be difficult in a modified procedure to address. In the discussion stage he was inclined to say modified would be appropriate for Pacificorp but not for Avista.
Commissioner Smith said she would agree that since a hearing has been requested in Avista, the Commission should have a hearing to see what is the right thing for the Avista customers. She made a motion that the Avista application be set for hearing and that the Commission gather comments under modified for Pacificorp.
Vote taken: motion carried.
Decision Meeting was then adjourned.
Dated at Boise, Idaho, this 15th day of October, 1999.
Myrna J. Walters
Commission Secretary
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