991029_dh.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
STEPHANIE MILLER
TONYA CLARK
RON LAW
JOE CUSICK
BEV BARKER
RANDY LOBB
TERRI CARLOCK
WORKING FILE

FROM:

DATE: October 29, 1999

RE: AMENDMENTS TO THE COMMISSION’S RULES 103 AND 105 CON-
CERNING WRITTEN SUMMARY OF TESTIMONY AT COMMISSION HEARINGS, CASE NOS. 31-2102-9901 AND 31-4102-9901

On August 27, 1999, the Commission issued a Notice of Proposed Rulemaking regarding two of its administrative rules requiring utilities to make available brief written summaries of testimony at “all Commission hearings.” In particular, Rules 103 and 105 (IDAPA 31.41.02.103 and 31.21.02.105, respectively) provide that utilities make available to the public brief written summaries of their position(s) and testimony in a particular case under consideration. The purpose of the summaries was to provide members of the public attending a Commission hearing with information concerning the particular case at hand.
As set out below, the Commission proposed to relax requirements that summaries be prepared for all hearings. Parties may request the Commission to dispense with the prepared summaries on a case-by-case basis. When required, summaries shall be made available to the public at all Commission hearings. If a utility is requesting a rate increase, its summary shall address the utility’s need for additional revenue, the total dollar amount requested, and the proposed percentage increase or decrease in rates for each major rate group. In addition to the utility applicant/petitioner and the Staff, intervenors shall also be required to make brief written summaries available.
The Commission also proposed to amend its rules to reflect the occasional practice of requiring oral presentations or briefings prior to the beginning of a public hearing. The Commission noted in its Notice that these informal and off-the-record presentations prior to the beginning of a hearing provide the public with a greater understanding of the issues to be addressed in a case. The Commission affirmed that such summaries or presentations will not be allowed as evidence or form the basis for cross-examination of any witness.

THE PROPOSED CHANGES TO THE RULES
The Rules Coordinator published Notice of the Commission’s proposed rules changes in the Administrative Bulletin of October 6, 1999. As set out below, the Commission proposed to modify its two rules in the following manner.
31.41.02.103. SUMMARY OF POSITION(S) AND TESTIMONY (Rule 103).

At all Commission hearings in which a telephone company is sponsoring testimony, the telephone company shall make available to the public a brief written summary of the company's position(s) and the testimony filed on behalf of the company in the case under consideration except when the Commission has determined that a summary is not necessary. If the telephone company is requesting a rate increase, its summary shall address the company’s need for additional revenue, the total dollar amount requested, and the proposed percentage increase or decrease in rates for the most commonly used residential and small business services. The Commission Staff and intervenors shall also provide a brief summary of its their recommendations and the testimony filed by the Staff in the case under consideration. The Commission may also require that an oral presentation or briefing be provided to the public prior to the beginning of the hearing. These summaries and presentations are provided solely for the convenience of the public and will not be allowed as evidence or form the basis for cross-examination of any witness.
(7-1-93)( )

31.21.02.105. SUMMARY OF POSITION(S) AND TESTIMONY (Rule 105).

At all Commission hearings, the Each utility shall make available to the public at all Commission hearings a brief written summary of the utility’s position(s) requested rate change and the testimony filed on behalf of the utility in the case under consideration except when the Commission has determined that a summary is not necessary. If the utility is requesting a rate increase, its summary shall address the utility’s need for additional revenue, the total dollar amount requested, and the proposed percentage increase or decrease in rates for each major customer class. The Commission Staff and intervenors shall also provide a brief summary of its their recommendations and the testimony filed by the Staff in the case under consideration. The Commission may also require that an oral presentation or briefing be provided to the public prior to the beginning of the hearing. These summaries and presentations are provided solely for the convenience of the reader public and will not be allowed as evidence or form the basis for cross-examination of any witness. (7-1-93)( )

COMMENTS
In the Commission’s Notice of Proposed Rulemaking, interested persons were asked to submit comments no later than October 27, 1999. The Legislative Services Office reported that the Senate and House Subcommittees for review of Administrative Rules has no objection to the Commission’s proposed rules. The Commission did not receive any public comment regarding its proposed rules.

COMMISSION DECISION
1. Does the Commission wish to adopt the proposed rules as its pending rules and forward the rules for legislative review?
2. Does the Commission wish to make any final changes to the rules?
3. Anything else?

vld/M:31-2101/4102.9901_dh

DECISION MEMORANDUM 3