20000229.min.doc

MINUTES OF DECISION MEETING
February 29, 2000 - 1:30 p.m.

In attendance were Commissioners Dennis Hansen, Marsha H. Smith and Paul Kjellander. Commissioner Hansen called the meeting to order and welcomed all in attendance.

First order of business was Approval of Minutes from February 7 and 17. The minutes 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, motion carried.

Next to be considered were the matters under Consent Agenda - Items 2 through 6.

Commissioner Hansen asked if there were any questions or discussion on any of those items. Commissioner Hansen made a motion to approve staff recommendations on all items on the consent agenda. Vote taken; motion carried.

MATTERS IN PROGRESS:

Commissioner Hansen asked that item #8 be held until the next decision meeting.

Jean Jewell's February 18, 2000 Decision Memorandum re: Request by Lisa Kimball for Formal Consideration of Her Complaint.

Jean Jewell reviewed. Staff concluded that Avista acted appropriately in back billing Ms. Kimball pursuant to our Rule 204. Staff contends that PUC cannot ask Avista to ignore the Rule or grant an exception. Ms. Kimball had been informed of the PUC's position but disagrees and requests that her complaint be heard formally. Does the Commission want to issue a summons as we did before with the Mountain Mart Exxon complaint?

Commissioner Kjellander asked in her review if there was any information that could be gained by a summons.

Jean responded that Ms. Kimball had brought up some good questions like why wasn't hers caught when they did the first report. Those answers were just received today. Hers was caught when a meter reader figured it out after all those years. They have their answers now, just human error that went on for so long.

Commissioner Kjellander responded that in a previous case, we allowed for there to be some kind of incremental payment plan; asked if that had been offered to this individual?

Jean responded that they have and in fact they have become far generous with their offer. They offered to go five years to spread the $1,500.

Commissioner Kjellander asked what that came out to.

Jean replied that she thought it came out to $25.00 per month.

Commissioner Kjellander asked if that was $25.00 per bill?

Jean replied yes, plus current bill, and no interest. Jean thought that sounded reasonable, but Ms. Kimball doesn't want to pay it all. And that's what she wanted to say. Should she have to pay it or not.

Commissioner Kjellander thanked Jean and said she offered him enough information.

Commissioner Smith commented on the billings attached; said there were lines at the bottom showing cancelled billing $8.93, is this her previous bill?

Jean replied that those were her actual bills.

Commissioner Smith asked if $8.93 was her actual bill?

Jean said that is was. Said that Ms. Kimball didn't see a problem with those because she had nothing to compare those to.

Commissioner Hansen said we had a good discussion. Asked if there were any further comments from the Commissioners?

Commissioner Smith asked Jean if the city's franchise of $2 and something was included?

Jean replied that she didn't know. She imagined it was.

Commissioner Hansen commented that if she moved from southeastern Idaho up there, she would have thought she had a pretty good rate. He said that we have the rules we have to follow and the guidelines we go with and felt compassionate for these kinds of situations that come up. He believed the company is very generous extending it out to the five years, his recommendation would be to dismiss the complaint. He asked if there was discussion on that motion? None. Vote taken; motion carried.

Scott Woodbury's February 25, 2000 Decision Memorandum re: Case No. UWI-W-99-5 (United Water) Amended Southeast Boise Water Supply Project Agreement.

Scott reviewed. The amended agreement before the Commission goes further than substituting reimbursement and provides additional terms of agreement between the parties, Micron and United Water. As part of the amended agreement the company transfers ownership of the Gowen and Oregon Trail wells to Micron. Staff supports the application, the amended agreement, the proposed accounting entries, and continues to believe that the agreement is a benefit to all parties.

Commissioner Hansen asked if there were questions or discussion?

Commissioner Smith moved approval of the amended Southeast Boise Water Supply Project Agreement between Micron and United Water.

Commissioner Hansen said we have a motion before us, is there discussion on that motion? None. Vote taken; motion carried.

Commissioner Smith asked if they could go back to Ms. Kimball's complaint. She wanted to convey to her that all customers who find themselves in this situation would be treated similarly. It is the PUC's responsibility to see that customers are treated uniformly and we don't discriminate, and there was nothing out of the ordinary in her case. Utilities do make mistakes. The law does provide that they can re-bill for three years, and that's the limit. Those are the rules we work under, while we recognize her personal difficulty at this time, we can't treat her differently than anyone else in the same situation.

Jean replied the 49 others or how may others have come up like this?

Commissioner Smith said not just this instance, but every other instance we've had where there has been a meter error and customer has had to come up with the difference.

Scott Woodbury: Commissioner Hansen, Mr. Miller came up and inquired as to whether the Commission's decision on the amended Micron agreement also included the company's proposed accounting entries, staff had recommended approval of those, I might have not stated that.

Commissioner Smith - My motion is to approve the filing as filed including accounting issues.

Decision Meeting was then adjourned.

Dated at Boise, Idaho, this 10th day of March 2000.

Barbara Barrows, Assistant Commission Secretary