HomeMy WebLinkAbout19991220.min.docMinutes of Decision Meeting
December 20, 1999 - 1:30 P.M.
In attendance were Commissioners Dennis Hansen, Marsha H. Smith and Paul Kjellander.
Commission President Dennis Hansen called the meeting to order.
Items from the published December 20, 1999 Agenda were discussed and acted upon as follows.
CONSENT AGENDA
Carolee Hall's December 14, 1999 Decision Memorandum re: Rural Telephone, Albion Telephone dba ATC and IREC Tariff Submitting Filings to Add Y2K Limitation of Liability Language as Well as Other Liability Language; Requesting December 31, 1999 Effective Date.
Commissioner Hansen asked if there were any questions or comments on this item?
Commissioner Smith said she didn't think limitations on liability belong in tariffs especially in an instance where the Commission has no jurisdiction. Don't think this belongs in a tariff. She will just hold her nose while it is being handled.
Commissioner Hansen commented he was wondering why this Commission was getting into this.
Carolee Hall responded the consultants said with competition , they believe with CLECs coming in they don't want to be held liable for any problems arising from interconnection. Commission did accept specific Y2K wording from other companies. This is larger and broader. Since they wanted December date, she recommended approving this but does think lots of companies are putting limitation for everything in their price lists.
Commissioner Kjellander said when he looked at the explanatory clause, thought that rendered everything moot. Asked is this wasn't kind of a game? Probably it would make sense to say no to this. Asked it there was anything in this that they really need or can the Commission just reject it?
Carolee replied the Y2K is taken care of under federal law.
Commissioner Smith asked if any lawyers had looked at this filing?
Don Howell replied he had looked at a lot of limitations. Commission has gone on record saying liability limitations should only be included in tariffs if the delay of that service is costly to the ratepayer. Didn't think the Commission's position has changed as it relates to liability in general.
Commissioner Smith said she thought Carolee had done a legal interpretation and wondered if legal had also done that.
Commissioner Kjellander commented Don Howell had obviously read the explanatory clause; asked him what his assessment of that clause was?
Don replied - in his impression it is a waste of time.
Commissioner Hansen said there had been a good discussion on this item, asked if there was a motion?
Commissioner Smith made a motion that the Commission reject the tariff filing by GVNW on behalf of the listed companies. Vote taken on the motion: motion carried.
MATTERS IN PROGRESS
Beverly Barker & Rick Sterling's December 17, 1999 Decision Memorandum re: Informal Staff Investigation of Pacificorp's Customer Relations & Quality of Service in Idaho.
Rick Sterling reviewed the matter.
Questions of the Commissioners are: (1) Does the Commission wish to accept Staff's report and direct PacifiCorp to prepare a written response? and (2) Should the response identify steps the Company has taken or intends to take to address issues identified in the report? (3) Alternatively, does the Commission wish to initiate a formal case and a formal investigation of the company's customer relations and quality of service in Idaho?
Commissioner Kjellander had a question - he didn't recall, how much time would company need to respond, is there a recommendation? Would it make sense that some timeframe be put in place?
Rick Sterling responded he thought that might be wise.
Commissioner Kjellander asked about timeframe?
Rick said staff hasn't talked to the company. Thought these weren't new things to the company but think at least 30 days and maybe 60 might be acceptable to the company.
Commissioner Kjellander asked about 30 days from January 1.
Staff has talked to the company about most of the report already.
Commissioner Hansen commented. Thought staff did a very good job on this informal investigation. They were under a time limit and did a good job. Asked if staff had adequate time to cover everything in the investigation?
Rick replied that personally he did.
Commissioner Kjellander made a motion to accept staff's report and direct Pacificorp to file a written report due 30 days from January 1. Think launching into a formal investigation is premature until the Commission sees the response.
Vote taken on the motion; motion carried.
Meeting was then adjourned.
Dated at Boise, Idaho, this 3rd day of January, 2000.
Myrna J. Walters
Commission Secretary