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Home My WebLink About20010904.min.docMINUTES OF DECISION MEETING SEPTEMBER 4, 2001 In attendance were Commissioners Paul Kjellander, Dennis Hansen, and Marsha Smith. Commissioner Kjellander called the meeting to order. The first order of business was APPROVAL OF MINUTES FROM PREVIOUS MEETINGS: Minutes of June 20, June 27, July 2, July 9, July 23, and July 30, 2001 Decision Meetings. There were no objections and the minutes were approved. The second order of business was approval of items 2-4 on the CONSENT AGENDA. There was no discussion and the Consent Agenda was approved. The next order of business was MATTERS IN PROGRESS: John R. Hammond's August 28, 2001 Decision Memorandum re: Jay Hulet's Complaint Regarding Idaho Power Company's Irrigation Buy-Back Program. Case No. IPC-E-01-25. Mr. Hammond reviewed his Decision Memorandum. Mr. Kline of Idaho Power also spoke about the matter. He said his only concern is Staff's recommendation that the Commission relinquish jurisdiction of this case to the district court. He stated that although the Commission is very busy, before it decides to relinquish jurisdiction to the district court, it should take a look at Greever vs. Idaho Telephone Company, 94 Idaho 900; 499 Pacific 2nd 1256, which is the Idaho Supreme Court case that talks about the primary jurisdiction of the Commission to adjudicate disputes arising out of the providing of utility services. He said primary jurisdiction in this particular case clearly is because Idaho Power filed the application with the Commission. He noted the Commission is certainly familiar with all the provisions, rules and procedures, has issued an order, made changes to the program the Company filed, and for all of those reasons he thought it was clear the program is a utility service and this Commission in the first instance needs to be the one to address the allegations contained in the complaint. Mr. Kline said he recognized that the Commission doesn't have the authority to award damages but that doesn't mean the Commission doesn't have the authority to adjudicate the dispute between the company and Mr. Hulet arising out of the allegations that Idaho Power has not followed the procedures associated with the program. He stated it isn't much different than if a customer were to complain about Rule H, the line extension rule, where there might be damages associated with it at some time in the future but in the initial case the Commission has jurisdiction and makes those decisions. He said he is asking the Commission to exercise its primary jurisdiction and decide if Idaho Power has followed the rules and procedures outlined for this program, and if it finds the Company has not, then obviously the damages that would flow from that would be a proper subject for the district court, but in the first instance the Commission would decide if Idaho Power has followed the program reviewed, approved, and ordered by the Commission. Commissioner Smith responded that after reviewing the complaint again, she was in the position to deny the complaint based on the information given and the Commission's past strict adherence to the rules of the Irrigation Buy-Back Program—i.e. the customer had to have submitted a bid by the date that bids were to be received and if that wasn't done, then the customer was not considered. She said there were a number of other customers who for various reasons, such as misunderstandings or whatever, did not submit bids, and the Commission had been very consistent in stating the program would be guided by the rules without making exceptions. She stated she didn't find any reason in this case to make an exception and the Commission can't award him damages anyway. She said she could hold off on the motion if the Commission wanted to look at Mr. Kline's citations and take longer to decide. Commissioner Kjellander said he has been ready to treat this one as we have treated previous ones from the beginning and concurred that if there were a motion on the table, he is ready to move. Commissioner Hansen said he also agreed with Commissioner Smith and thought it would be appropriate to be consistent. Commissioner Smith made a motion to reject the complaint of Mr. Hulet, which requests that he be admitted into the Irrigation Buy-Back Program. Regarding his allegation about the release of confidential information, she didn't know what the Commission could do for him since the Commission can't award damages. She stated if his information was released it was released initially by someone other than Idaho Power Company, so she would deny that part of the complaint, also. A vote was taken on the motion and it carried unanimously. Doug Cooley's August 29, 2001 Decision Memorandum re: Qwest's Filing of Advice No. 01-04N Introducing 711 Service and Associated Charges. Doug Cooley reviewed his Decision Memorandum. Commissioner Smith said she finds it outrageous that the Company thinks it could charge Hamilton Telecommunications since this is clearly a cost of doing business. She stated TRS is part of the Americans With Disabilities Act, and therefore it is a cost of doing business just like putting in wheel chair accessible doors and hallways. Mr. Cooley said Qwest made a similar filing in Southern Idaho, and whatever decision is reached may affect that filing, also. Commissioner Kjellander made a motion to deny Qwest's Advice No. 01-04-N. A vote was taken on the motion and it carried unanimously. Weldon Stutzman's August 29, 2001 Decision Memorandum re: Avista Utilities' Power Curtailment, Coordination, and Communication Plan. Case No. AVU-E-01-14. Commissioner Kjellander made a motion to process the case using modified procedure. A vote was taken and it carried unanimously. Scott Woodbury's August 31, 2001 Decision Memorandum re: Ponderosa Terrace Estates Water System, Inc. Certificate Investigation. Case No. GNR-W-01-01. Mr. Woodbury reviewed his Decision Memorandum. Commissioner Hansen made a motion to approve Staff's recommendations. There was no discussion. A vote was taken and it carried unanimously. The last order of business was RULEMAKING: Don Howell's August 29, 2001 Decision Memorandum re: Repeal of the Commission's Access and Interconnection Standards in New Telecommunications Development Areas (the Facilities-Based CLEC Rules). Case No. 31-4201-0101. Commissioner Kjellander made a motion to repeal the Commission's access and interconnection standards in new telecommunications development areas. There was no discussion. A vote was taken on the motion and it carried unanimously. Commissioner Kjellander then adjourned the meeting. DATED this _____ day of October, 2001. ___________________________________ COMMISSION SECRETARY 1 3