990702_dh.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
STEPHANIE MILLER
ED HOWELL
DAVID SCOTT
WORKING FILE

FROM: TONYA CLARK
DON HOWELL

DATE: JULY 2, 1999

RE: IMPLEMENTATION OF ELECTRONIC FILING AND PUBLISHING
TECHNOLOGIES; CASE NO. GNR-U-99-1

BACKGROUND

On March 31, 1999, the Commission initiated a proceeding to investigate the best manner of implementing electronic filing and publishing technologies in its operations. The Commission scheduled a public workshop and requested comments on several questions regarding format, procedure and types of documents to be filed. The request for comments and an invitation to attend a workshop on the subject was sent to all persons and firms on the Commission’s mailing lists.
The workshop was held on April 21, 1999. Approximately 30 persons attended. Participants included utility representatives and Commission Staff. All of those in attendance were supportive of the concept and committed to implementing electronic filing and publishing. There was some concern about legal issues and most supported a voluntary process to begin with and that we move forward in increments, with tariffs and price lists being the first step. There was agreement that there should continue to be at least one printed copy on file at the Commission.
Following the workshop, Ed Howell, the Commission’s Systems Integration Manager, prepared a proposal (updated copy attached) proposing how the Commission might handle the electronic filing of tariffs and price lists. The proposal was mailed on May 28, 1999, to those in attendance at the Workshop requesting their feedback and suggestions.
COMMENTS ON PROPOSED PROCEDURES
Comments were received from GST, MCI, United Water, PacifiCorp, Avista, and Idaho Power. Without exception they all support the Commission’s effort and in most cases only wanted to confirm that the filings would initially be limited to tariffs and price lists and that a paper copy would still be required. Idaho Power believes that statutory changes are required in order to make electronic filings feasible. However, if the Commission continues to require at least one printed copy to be filed, the statute would be satisfied. The Commission rules on the other hand would need to be changed if electronic filings are to become mandatory in addition to the printed copy.
GST pointed out that participants would be required to purchase Adobe writer software in order to produce the tariff in the PDF format. While this is true, Staff has determined that the cost is less than $400.
Others had procedural questions that have either been addressed in the updated proposal prepared by Ed or will be addressed in the proposed rulemaking. For example, both the Staff and Idaho Power suggest that the electronic filing of a tariff displayed on the Commission’s Website include the most recent advice letter and a list of the proposed changes as required by IDAPA 31.01.01.134.01. The proposed screen requests a description of the filing that should satisfy this requirement.
The FCC currently requires mandatory electronic filing of tariffs and members of the telecommunications industry would like the Commission to adopt similar requirements and procedures. Commentors found the FCC model to be simple, understandable, straightforward and easy to use. Staff has based its proposal on the FCC model and anticipates that our version will actually be an abbreviated version. The FERC is currently in the process of developing its electronic filing process. Staff’s suggested procedures address all of the issues that are of concern in that proceeding, such as format, date stamp, electronic signatures, etc.
Staff recommends that the attached proposal be submitted to the interested parties and the public under Modified Procedure. The resulting comments would then become the basis for a proposed rulemaking. Staff recommends that the rules allow for electronic filing of all matters before the Commission and that the Commission Secretary be granted the authority to make exceptions or grant waivers to anyone unable to make electronic filings. It is the intent of the Staff to make all electronic filings available to the public via the Commission’s Website. We believe that this technology is more efficient and cost effective and will increase the amount of information available to the citizens of the state of Idaho.
Y2K CONCERN
Staff recommends and U S WEST has requested that the Commission implement this voluntary filing of electronic tariffs and price lists as soon as possible, however, there is some concern about such changes being made before January 1, 2000, due to the concerns about Y2K problems. Since the process is voluntary Staff believes there is no reason not to proceed.

COMMISSION DECISION
Does the Commission wish to submit this proposal to the public under Modified Procedure?
Does the Commission wish to propose an implementation date?

Tonya Clark

Don Howell

M:gnru991_tc_dh
DECISION MEMORANDUM 3