This page contains the links to the full text of the PSC's minutes for the month of January year 2005 listed below. Click on a date to go directly to those minutes for that period of time.

1/04/05 1/11/05 1/13/05 1/18/05 1/20/05 1/25/05 1/27/05 1/28/05

---

Wyoming Public Service Commission *Back To The January Index*

*Back to the Main Minutes Page to Select Another Month and Year*

---

Minutes of the Regular Open Meeting

January 4, 2005 
1:30pm to 2:47pm

Commissioners: Chairman Hurless, Presiding 
Deputy Chair Furtney 
Commissioner Lewis

Attendees: Bruce Asay, Attorney for Range Telephone and RT Communications 
Joe Furay of Kinder Morgan -- via telephone for Item 4 
Lenny Higgins of Bresnan Communications -- via telephone for Item 2 
Kathy Kirchner of Bresnan Communications -- via telephone for Item 2 
Jerry Lambert of Bresnan Communications -- via telephone for Item 2 
Jessica Lowell of the Wyoming Tribune-Eagle 
Thorvald Nelson, Attorney for Bresnan Communications 
Liz Zerga, Attorney for Western Wireless

Office of Consumer Advocate: Bryce Freeman, Marci Norby, Denise Parrish, Chris Petrie

Commission Staff: Blair Bales, Ruth Hobbs, Harry Ivey, Mike Korber, Dave Lucero, Luy Luong, 
Shirley McCown, Steve Oxley, Art Schmidt, Darrell Zlomke

1. Docket Nos. 70001-TK-04-54 and 70042-TK-04-6 and 70015-TK-0-46 and 70042-TK-04-7 (Record Nos. 9361 and 9362) Range Telephone, RT Communications and Western Wireless. In the petitions of Range Telephone and RT Communications for arbitration of interconnection agreements with Western Wireless. The Parties will report to the Commission the status of the on-going negotiations relating to these dockets. Bruce Asay briefed the Commission on the filed petition for arbitration. He indicated the parties have reached agreement on an ICA and would no longer need the PSC to arbitrate an agreement. He also reported that a stipulation has been reached wherein the parties were requesting the PSC to dismiss the application. Liz Zerga also requested that the pending dockets be dismissed. Chris Petrie, Office of Consumer Advocate (OCA), stated that their concerns are satisfied and they have no objection to the petition. Harry Ivey, Commission Advisory Staff (CAS), briefed the Commission on a recently filed stipulation and recommended that this item be tabled until the Commission could review the stipulation. Commissioner Lewis made a motion to table the consideration of the stipulation, which was filed today, until the next open meeting. Deputy Chair Furtney seconded and Chairman Hurless concurred.

2. Docket No. 70114-TA-04-1 (Record No. 9152) In the application of Bresnan Broadband, LLC, for a certificate of public convenience and necessity to provide local telecommunications services in Wyoming. The Commission approved Bresnan's application on November 23, 2004, with a Notice and Order. Protest deadline was December 23, 2004. Communications Workers of America filed a request to intervene and request for hearing. All West Communications, CenturyTel, Dubois Telephone, Project Telephone, Range Telephone, RT Communications and Union Telephone (the Independents) filed a request for intervention and request for hearing. Commission to hear oral arguments from the parties concerning the requests to intervene and the requests for hearing, and possibly rule on the motions. Harry Ivey, CAS, briefed the Commission on the requests for intervention. Bruce Asay outlined his concern relating to the Order of November 23, 2004, but indicated this could be resolved if the order was modified slightly to make clear that Bresnan's service is not a regulated service. Thor Nelson summarized Bresnan's need for a certificate in order to receive a federal subsidy, urged the Commission to act promptly and indicated that he had no objection to the order as it stands, and agreed to modify paragraph 10 to accommodate Mr. Asay's concern. Art Schmidt, CAS, explained Point to Point service and newspaper articles on VOIP service which he believed prompted the Communication Workers of America's concern and request for intervention. Mike Korber, CAS, explained how pricing is accepted for filing with the Commission for companies that are not regulated. Harry Ivey recommended giving the Communication Workers of America an additional opportunity to appear before the Commission and support their request for intervention and continuing the hearing for one week. Deputy Chair Furtney moved to continue this matter for one week, Commissioner Lewis seconded and Chairman Hurless concurred.

3. Docket No. 70097-TA-04-6 (Record No. 9022) Consider and act on OrbitCom, Inc's petition to withdraw its application for designation as an eligible telecommunications carrier. Dave Lucero, CAS, briefed the Commission. Chris Petrie, OCA, stated the OCA had no objection to OrbitCom's withdrawal petition. Deputy Chair Furtney moved to grant the withdrawal, Commissioner Lewis seconded and Chairman Hurless concurred.

4. Docket No. 30022-GT-04-48 (Record No. 9501) Kinder Morgan, Inc. Application to amend Choice Gas Service Program tariffs to eliminate the automatic default provision. Consider intervention motions of Wyoming Producer-Consumer Alliance, LLC, and Kinder Morgan Retail Energy Services Company. Joseph Furay briefed the Commission on KMRES's motion to intervene. Chris Petrie, OCA, expressed concern with the top officials of Kinder Morgan and KMRES essentially being identical. Steve Oxley advised that KMRES is a corporation, one of the competing suppliers and he outlined the Wyoming Procedural Act pertaining to intervention. Mr. Furay then explained that Kinder Morgan's Choice Gas service is separate from their regulated business and totally separate from the other wholesale suppliers. Deputy Chair Furtney moved to grant the intervention requests, Commissioner Lewis seconded and Chairman Hurless concurred.

5. Docket No. 70000-TA-04-1051 (Record No. 9518) Qwest Corporation. Qwest Corporation application for authority to modify Exhibits B and K to its Wyoming Statement of Generally Available Terms (SGAT). This application has been noticed by the Commission with no comments, protests or requests for hearing received by the December 30, 2004, deadline. Mike Korber, CAS, provided a technical memo dated December 30, 2004 and briefed the Commission on this application. He recommended approval of Exhibit B effective immediately and allowing Exhibit K to go into effect under Section 252(f)(3)(B) of the Federal Telecommunications Act, also effective immediately, as this is consistent with previous Commission treatment on applications of this kind. Deputy Chair Furtney moved approval of Exhibit B and that Exhibit K be allowed to go into effect under Section 252(f) of the Federal Act, with both actions effective immediately. Commissioner Lewis seconded and Chairman Hurless concurred.

6. Docket No. 70003-TT-04-90 (Record No. 9540) CenturyTel of Wyoming. CenturyTel filing for authority to conduct Caller ID 90 Day Guarantee, Custom Calling Features non-recurring charge credit and Additional Line promotional offerings beginning January 15, 2005. Mike Korber, CAS, provided a technical memo dated December 30, 2004 and briefed the Commission. He added that this is similar to previous applications and recommended approval with Notice and Order effective January 15, 2005. Deputy Chair Furtney moved approval with Notice and Order effective January 15, 2005, Commissioner Lewis seconded and Chairman Hurless concurred.

7. Docket No. 70000-TA-04-1045 (Record No. 9427) Qwest Corporation In the application for approval of 2004 TSLRIC study filing, consider the Petition to Intervene by Silver Star Communications. Steve Oxley, CAS, briefed the Commission on the petition. Deputy Chair Furtney moved to grant the Petition to Intervene, Commissioner Lewis seconded and Chairman Hurless concurred.

Minutes of the Regular Open Meeting

January 11, 2005 
9:00am to 11:30am

Commissioners: Chairman Hurless, Presiding 
Deputy Chair Furtney 
Commissioner Lewis

Attendees: Diane Asay for Bruce Asay, Representing Range Telephone 
Kathy Kirchner of Bresnan Communications 
Al Kogler of Communications Workers of America 
Glen Lambert of Bresnan Communications 
Thorvald Nelson, Attorney for Bresnan Communications 
Jennifer Scoggin of Holland & Hart, sitting in for a short time for Thorvald Nelson, who was driving up from Denver 
Liz Zerga, Attorney for Western Wireless

Office of Consumer Advocate: Denise Parrish, Chris Petrie, Ivan Williams

Commission Staff: Blair Bales, Don Biedermann, Jess Bottom, Ruth Hobbs, Harry Ivey, Mike Korber, Dave Lucero, Luy Luong, 
Shirley McCown, Art Schmidt, Darrell Zlomke

1. Docket No. 90000-XR-03-89 (Record No. 8711) In the matter of the proposed repeal of section 318 of the Commission's Procedural Rules and Special Regulations regarding the refund, by rural electric cooperatives of patronage capital credits to the estates of deceased individuals. Commission to conduct deliberations and possibly render a decision. After a lengthy deliberation, the Commission did not render a decision on the proposed repeal of Section 318. This matter will be scheduled again in the future.

2. Docket No. 90000-XR-03-90 (Record No. 8712) In the matter of the proposed revision of sections 241 and 504 of the Commission's Rules and Special Regulations regarding the payment of interest on customer deposits held by gas, electric, water and telephone utilities in the state of Wyoming. Commission to deliberate and possibly render a decision. After a lengthy deliberation, the Commission did not render a decision on the payment of interest on customer deposits. Commission staff will prepare proposed amended rules pursuant to the Commission's detailed review and the matter will be reconsidered in the near future.

Minutes of the Regular Open Meeting 
January 11, 2005 
1:30 to 2:30pm, 2:40 to 3:48pm, 4:00 to 4:25pm

1. Docket No. 10016-CK-04-39 (Record No. 9580) In the matter of the contract filing of Wyrulec Company to revise "Exhibit A" of its contracts with Guernsey Stone Company and "Exhibit A" of its contract with Express-Platte Pipeline Company, Yoder Pump Station. Jess Bottom, Commission Advisory Staff, (CAS) provided a technical memo dated January 4, 2005 and briefed the Commission. There were no comments by anyone in attendance. Mr. Bottom recommended that the Commission accept the application and exhibits for filing. Deputy Chair Furtney moved to accept the contracts and exhibits for filing, Commissioner Lewis seconded and Chairman Hurless concurred.

2. Docket No. 74445-TA-04-2 (Record No. 9578) Netlojix Telecom, Inc. is requesting a waiver of certain provisions of the Wyoming Rules, Chapter V, Section 503 pertaining to service quality reporting requirements. Luy Luong, CAS, provided a technical memo dated January 7, 2005 and briefed the Commission on this request for waiver of reporting. There were no comments by anyone in attendance. Mr. Luong recommended the Commission grant the waiver for Quality of Service reporting under Commission Rules and Regulations Section 503 c (i) and 503 c (iii) with Order only effective immediately. Deputy Chair Furtney moved to grant the waiver with Order only effective immediately, Commission Lewis seconded and Chairman Hurless concurred.

3. Docket No. 10014-CT-04-77 (Record No. 9523) Powder River Energy Corporation: Request for authority to establish a Net Metering Tariff. Don Biedermann, CAS, provided a technical memo dated January 4, 2005. He briefed the Commission and gave a history of the September, 2001 net metering meeting which detailed how companies would comply with tariff filing of net metering. He stated there has been no customer interest in this application. There were no comments by anyone in attendance. Mr. Biedermann recommended approval with a Notice and Order effective immediately. Deputy Chair Furtney moved to approve this request with Notice and Order effective immediately, Commissioner Lewis seconded and Chairman Hurless concurred.

4. Docket No. 70000-TK-04-1046 and 70107-TK-04-9 (Record No. 9432) In the matter of the tariff filing of Qwest to amend its interconnection agreement with XO Network Services, Inc. Jess Bottom, CAS, provided a technical memo dated January 6, 2005 and briefed the Commission. He indicated that this filing was noticed and no responses were received. There were no comments by anyone in attendance. Mr. Bottom recommended approval with an Order only effective immediately. Deputy Chair Furtney moved approval of this filing with Order only effective immediately, Commissioner Lewis seconded and Chairman Hurless concurred.

5. Docket Nos. 70001-TK-04-54 and 70042-TK-04-6 (Record No.9361) Range Telephone and Docket Nos. 70015-TK-04-46 and 70042-TK-04-7 (Record No. 9362) RT Communications. In the matter of the petition of Range Telephone and RT Communications for arbitration of an interconnection agreement with Western Wireless under section 252 of the federal act. The parties filed a Stipulation of Dismissal in both dockets. They also filed---which will be docketed separately---related applications for review and approval of negotiated interconnection agreements. Approval of this Stipulation of Dismissal, if so determined by the Commission, will allow the related application for review and approval of these negotiated interconnection agreements to proceed, with appropriate public notice given. Liz Zerga reminded the Commission that these dockets were before the Commission last week (January 4, 2005) and were tabled until the Commission could review the recently filed petition. The parties have reached an agreement and there is no need to arbitrate. There were no other comments by anyone in attendance. Harry Ivey, CAS, recommended the Commission accept the stipulation for dismissal and dismiss the case. Deputy Chair Furtney moved to accept the stipulation and dismiss the case, Commissioner Lewis seconded and Chairman Hurless concurred.

6. Docket No. 70000-TC-04-1017 (Record No. 9229) In the matter of the complaint filing of South Park Development against Qwest requesting a formal hearing on security deposit. The parties move the Commission for approval of a Confidentiality Agreement. Commissioner Lewis recused herself from this Docket. Harry Ivey, CAS, briefed the Commission on this filing. There were no comments by anyone in attendance. Mr. Ivey recommended that the Commission grant the motion. Deputy Chair Furtney moved to grant the motion and Chairman Hurless seconded.

7. Docket No. 30010-GT-04-78 (Record No. 9537) Questar Gas Company: Request for authority to file changes in its existing natural gas tariff. Don Biedermann, CAS, provided a technical memo dated January 4, 2005 and briefed the Commission on this first of follow-up revisions to the existing tariffs. There were no comments by anyone in attendance. Mr. Biedermann recommended approval with Notice and Order effective January 15, 2005. Deputy Chair Furtney moved to approve this request with a Notice and Order effective January 15, 2005, Commissioner Lewis seconded and Chairman Hurless concurred.

8. Docket No. 70114-TA-04-1 (Record No. 9152) In the matter of the application of Bresnan Broadband LLC, for certificate authority to provide local telecommunications services in Wyoming. Matter continued from the open meeting of January 4, 2005. The Independent telephone companies and Communications Workers of America moved to intervene. CWA did not appear at the January 4, 2005 open meeting. The Commission continued the resolution of the intervention issue until January 11, 2005. Thor Nelson briefed the Commission on this application. Harry Ivey, CAS, briefed the Commission on the discussions from last week's open meeting relating to this application. He indicated that a stipulation was filed yesterday which the staff and Commission has not yet reviewed. There were no comments from the representatives of the independent companies. Al Kogler of the Communications Workers of America (CWA) briefed the Commission on their request for intervenor status and their multiple concerns including emergency services capability on the service provided by Bresnan. Glen Lambert of Bresnan informed the Commission that this is not a new service and Kathy Kirchner, also of Bresnan, informed the Commission that this is not a new technology. There were no other comments by anyone in attendance. Mr. Ivey recommended the Commission grant CWA intervenor status, with the issues limited to the services requested in Bresnan's application and the Commission's Order. Deputy Chair Furtney moved to grant the intervention request from the small independent companies and the CWA, Commissioner Lewis seconded and Chairman Hurless concurred.

9. Docket Nos. 70000-TK-04-1050 and 70027-TK-04-42 (Record No. 9511) Qwest Corporation and MCIMetro Access Transmission Services (MCI). Joint application for authority to amend the existing interconnection agreement between Qwest and MCI to provide Disputed Traffic terms and conditions. This joint application has been noticed by the Commission with no comments, protests or requests for hearing received by the January 3, 2005, deadline. Mike Korber, CAS, provided a technical memo dated January 7, 2005 and briefed the Commission. He indicated that the parties have reached interim resolution. There were no comments by anyone in attendance. Mr. Korber recommended approval with Order only effective immediately. Deputy Chair Furtney moved to grant the authority with Order only effective immediately, Commissioner seconded and Chairman Hurless concurred.

Next Open Meeting: January 18, 2005 at 1:30pm.

Notice of Commission Activity 

January 13, 2005 
8:30 to 8:55 am

Undocketed: The Commission conducted an informational presentation on ex parte communications and Staff responsibilities in contested cases and rulemaking proceedings. These are set forth in the Commission's Administrative Policy Memorandum No. 1. No formal action taken by the Commission. Attendance is reflected in the attached copy of the sign-in sheet appended hereto and incorporated by reference.

Notice of Commission Activity 

January 13, 2005 
9:00 am to 5:00pm

Undocketed: The Commission held a public informational gathering and technical conference to elicit comments on potential revisions to its Sections 249 and 250 of the Commission's rules governing the utility wholesale commodity pass-through procedures. The Commission received input and comments from several Wyoming public utilities and the public on these rules. No formal action taken by the Commission. Attendance is reflected in the attached copy of the sign-in sheet appended hereto and incorporated by reference.

1. Docket No. 70000-TK-04-1048 and 70115-TK-04-2 (Record No. 9473) In the matter of the contract filing of Qwest Corporation for authority to enter into an unbundled network element, ancillary services, and resale interconnect agreement with CommPartners, LLC. Art Schmidt, Commission Advisory Staff (CAS), provided a technical memo dated January 5, 2005 and briefed the Commission. He added that the Notice period expired December 20, 2004 without protest. There were no additional comments provided by anyone in attendance. Mr. Schmidt recommended approval with Order only, effective immediately. Deputy Chair Furtney moved approval of the contract filing with Order only, effective immediately. Commissioner Lewis seconded and Chairman Hurless concurred.

2. Docket No. 30022-GT-04-48 (Record No. 9501) In the application of Kinder Morgan, Inc., for authority to amend its tariffs related to the automatic default provision of the Choice Gas Service Program, consider the Petition to Intervene of AARP. Dale Cottam briefed the Commission on AARP's Petition to Invervene and stated AARP was not asking for any adjustment of procedural deadlines and, if allowed to intervene, would commence its participation pursuant to the existing Commission scheduling order. He advised the Commission that he had spoken with Paul Hickey, counsel for Kinder Morgan, and he had no objection to AARP's late intervention. Chris Petrie, counsel for OCA, also did not object. He also asked for confirmation that AARP be given the same status as the Office of Consumer Advocate (OCA) with respect to filing future actions regarding the Choice Gas Program. Steve Oxley, CAS, recommended that the intervention request be granted, effective immediately, and that the AARP take the case as they find it. Deputy Chair Furtney moved to grant the Petition with the provision that they (AARP) accept the case as they find it and not preclude them from filing a complaint in the future on other issues pertaining to the Choice Gas Program. Commissioner Lewis seconded and Chairman Hurless concurred.

3. Docket No. 70110-TA-04-4 and 74263-TA-04-57 (Record No. 9500) Southwestern Bell Communications Services Inc. d/b/a SBC Long Distance (SBC Long Distance) is requesting

Open Meeting Minutes Page 1 of 2 January 18, 2005 a modification to the December 21, 2004 Order. Luy Luong provided a technical memo dated January 12, 2005 and briefed the Commission. There were no additional comments provided by anyone in attendance. Mr. Luong recommended approval, with the language for the tariff filing reading "30 days after filing with the Secretary of State". Deputy Chair Furtney moved to grant the modification to the December 21, 2004 Order, nunc pro tunc, with language reading "30 days after filing is completed with the Secretary of State's office". Commissioner Lewis seconded and Chairman Hurless concurred.

4. Docket No. 70000-TK-04-1052 and 70116-TK-04-3 (Record No. 9526) Qwest Corporation (Qwest) and Bullseye Telecom, Inc. (Bullseye) have filed a joint application requesting authority to enter into a new Interconnection Agreement. Luy Luong provided a technical memo dated January 12, 2005 and briefed the Commission. There were no additional comments provided by anyone in attendance. Mr. Luong recommended approval with Order only, effective immediately. Deputy Chair Furtney moved approval of the interconnection agreement with Order only, effective immediately. Commissioner Lewis seconded and Chairman Hurless concurred.

5. Undocketed -- Consider authorizing release of accident report regarding the electrical accident occurring on the system of Fall River Rural Electric Co-operative, Inc., on September 28, 2004, to: [a] the utility, [b] the Wyoming Division of Worker Safety and Compensation, and [c] attorney Bruce Salzburg of Cheyenne, Wyoming. The report is being prepared by Commission staff. Commission staff are preparing the report. Jon Jacquot briefed the Commission, indicated that he was just about done writing the report and needed Commission authorization to release the report, per statutory requirement. Deputy Chair Furtney moved to authorize the release of this report, with the condition that the Commission review the report before it is released. Commissioner Lewis seconded and Chairman Hurless concurred.

1. Docket Nos. 50053-PC-04-2 and 50050-PC-04-5 (Record No. 9205) In the formal complaint of Questar Gas Company against Rocky Mountain Pipeline System requesting a hearing for unlawfully refusing to interconnect a condensate pipeline that Questar will build with a pipeline owned by Rocky Mountain Pipeline, Rocky Mountain requests a seventh extension of time in which to respond to the complaint. Dave Lucero, Commission Advisory Staff (CAS), briefed the Commission on this filing dated January 7, 2005 in the absence of Harry Ivey, CAS. Mr. Lucero informed the Commission that Dale Cottam has requested that this item be taken off of today's agenda. The Commission agreed to have this item taken off of today's agenda.

2. Docket No. 50000-PA-04-49 (Record No. 8873) In the application of Belle Fourche Pipeline Company to cancel crude oil tariffs from the Powell, Ross, Spearhead Sussex and North Buck Draw Fields in Campbell and Converse Counties, Belle Fourche and the intervenors ask the Commission to change the date for pre-filed testimony from January 25, 2005, to February 18, 2005, and to change the date for the hearing from February 8, 2005, to February 25, 2005. Harry Ivey, CAS, absent. Kate Fox stated that this is a joint motion to continue the hearing date and asked the Commission to allow more time, as they are actively negotiating and hope to come to a mutual resolution. There were no other comments by anyone in attendance. Commissioner Lewis moved to grant the filed application and reschedule as set out in the motion. Deputy Chair Furtney seconded.

3. Docket No. 30016-GP-05-37 (Record No. 9595) Pinedale Natural Gas application for authority to pass on a residential wholesale gas cost increase of $ 1.12 / dth. Don Biedermann, CAS, provided a technical memo dated January 14, 2005 and briefed the Commission on this semi annual filing. There were no comments by anyone in attendance.  Mr. Biedermann recommended approval with Notice and Order effective January 23, 2005. Commissioner Lewis moved approval of this pass on application with Notice and Order, effective for usage on and after January 23, 2005. Deputy Chair Furtney seconded.

4. Docket Nos. 70000-TK-04-1053 and 70041-TK-04-5 (Record No. 9543) Qwest Corporation and Tri Tel, Inc. have filed a joint application requesting authority to enter into a wireline interconnection agreement. Luy Luong, CAS, provided a technical memo dated January 18, 2005 and briefed the Commission. Mike Rosenthal stated that he did not have any comments on this docket, and added that this docket is tied in with the next docket on the agenda. There were no other comments by anyone in attendance. Mr. Luong recommended approval with an Order only, effective today, January 20, 2005. Commissioner Lewis moved to grant this application with Order only, effective immediately. Deputy Chair Furtney seconded.

5. Docket Nos. 70000-TK-04-1054 and 70041-TK-04-6 (Record No. 9542) Qwest Corporation and Tri Tel, Inc. have filed a joint application requesting authority to amend a wireline interconnection agreement. Luy Luong, CAS, provided a technical memo dated January 18, 2005 and briefed the Commission. There were no comments by anyone in attendance. Mr. Luong recommended approval with an Order only, effective immediately. Commissioner Lewis moved to grant the application with an Order only, effective immediately and Deputy Chair Furtney seconded.

Next Open Meeting: January 25, 2005 at 1:30pm.

1. Docket No. 70118-TA-04-1 (Record No. 9575) France Telecom Corporate Solutions L.L.C. has filed for a Certificate of Public Convenience and Necessity to provide local telecommunication services in Wyoming. Luy Luong provided a technical memo dated January 19, 2005 and briefed the Commission. There were no comments from anyone in attendance. Mr. Luong recommended approval with Notice and Order, effective immediately. Deputy Chair Furtney moved to grant this request with Notice and Order, effective immediately. Commissioner Lewis seconded and Chairman Hurless concurred.

Next Open Meeting: January 27, 2004 at 1:30pm.

1. Docket No. 74630-TC-05-2 (Record No. 9613) Advanced Telemanagement Group, Inc. is petitioning the Commission for a waiver of certain provisions of Section 503 of the Commission's Rules, pertaining to service quality reporting requirements. Luy Luong, Commission Advisory Staff (CAS), provided a technical memo dated January 25, 2005 and briefed the Commission. There were no comments from anyone in attendance. Mr. Luong recommended approval with Order only, effective immediately, and with a caveat that if the company provides facilities in the future, they would be subject to reporting under Section 503. Deputy Chair Furtney moved approval of the waiver with Order only, effective immediately, and with the caveat recommended by Mr. Luong. Commissioner Lewis seconded and Chairman Hurless concurred.

2. Docket No. 90000-XR-03-89 (Record No. 8711) In the proposed repeal of the Commission's Procedural Rules and Special Regulations Regarding the refund by Rural Electric Cooperatives of patronage capital credits to the estates of deceased individuals. Commission to complete deliberation and possibly render a decision as to whether to repeal the noticed rule. Harry Ivey, CAS, briefed the Commission. There were no comments from anyone in attendance. Mr. Ivey recommended the repeal of Section 318 of this Rule. Deputy Chair Furtney moved to repeal Section 318 of this Rule, Commissioner Lewis seconded and Chairman Hurless concurred.

3. Docket No. 50025-PT-04-7 (Record No. 9423) In the tariff filing of Kaneb Pipe Line Operating Partnership, L.P. for authority to revise its Intrastate Tariff No. 5 to reflect an increase in Item No. 65, Injection Additives and Dyes. Jess Bottom, CAS, provided a technical memo dated January 24, 2005 and briefed the Commission. There were no comments from anyone in attendance. Mr. Bottom recommended approval with Order only, effective February 1, 2005. Deputy Chair Furtney moved approval of this application with Order only, effective February 1, 2005. Commissioner Lewis seconded and Chairman Hurless concurred.

4. Docket No. 20000-ET-04-216 (Record No. 9531) In the application of PacifiCorp for authority to revise its Customer Guarantee Rule 25 and Schedule 300 tariffs. Jess Bottom and Dave Piroutek, CAS, provided a technical memo dated January 21, 2005. Dave Mosier informed the Commission there was originally a five year commitment, which expires March 31, 2005 and they are privileged to offer this program for three more years. Discussion among Deputy Chair Furtney, Jess Bottom, Dave Piroutek and Dave Mosier regarding Customer Guarantees 1 and 7 and Network Performance Standards for system average sustained interruption index and momentary average interruption frequency index. There were no further comments. Mr. Bottom recommended approval with Notice and Order, effective April 1, 2005. Deputy Chair Furtney moved approval of this application effective April 1, 2005, Commissioner Lewis seconded and Chairman Hurless concurred.

5. Docket No. 30022-GT-04-48 (Record No. 9501) Kinder Morgan, Inc. In the KM application to change the default provision of its Choice Gas Service Program tariff: a. hear oral argument and consider the Motion for Order Compelling Response to Discovery Requests filed by the Office of Consumer Advocate regarding Kinder Morgan. Chris Petrie, Office of Consumer Advocate (OCA), argued KM's objections to Interrogatories Nos. 1, 2, 10, and 12 should be overruled by the Commission and KM should be compelled to provide responses. KM's objections were threefold: the information requested was not likely to lead to discovery of relevant evidence; i.e., it was overly broad and irrelevant (Interrogatories 1 and 2); the requests were unduly burdensome (Interrogatories 1 and 2); and the information requested was proprietary and confidential and would invade the privacy rights of customers (Interrogatories 10 and 12). T. J. Carroll reiterated the company's position that providing the requested data for Interrogatories 1 and 2 was overly burdensome, however the request in Interrogatory 10, though expansive could be complied with, while all the data KM had concerning Interrogatory 12 had been compiled and was being submitted to OCA. Roger Fransen concurred with Mr. Carroll's position and recommended the Commission forego ruling on Interrogatories 1 and 2, but make a ruling on 10 and 12. Commissioner Lewis made a motion regarding Interrogatories 1 and 2 that the Commission should overrule KM's objections about relevance and the requests pertaining to confidential information since that concern would not preclude OCA's discovery of the information, but not rule on whether the requests were overly burdensome. Regarding Interrogatories 10 and 12, Commissioner Lewis moved to grant OCA's motion to compel KM to provide the information. Deputy Chair Furtney thought Interrogatories 1 and 2 were overly broad, was not convinced OCA had shown a compelling reason to have the data requested in Interrogatory 10 and was not willing to concur with Commissioner Lewis, but concurred with Commissioner Lewis regarding Interrogatory 12. Chairman Hurless concurred with Commissioner Lewis on her motion on Interrogatories 10 and 12. After further discussion among the Commissioners about the first motion, Commissioner Lewis amended the motion to limit the requests in Interrogatories 1 and 2 to only the default customers because the original request was overly broad, Deputy Chair Furtney seconded the motion and Chairman Hurless concurred. The Commission overruled KM's objections concerning propriety and confidential information being requested, and did not rule on the burdensome issue, but told the parties to further discuss that issue. b. hear oral argument and consider request of Midwest United Energy to have certain discovery responses deemed confidential by the Commission. Elisabeth Pendley requested the Commission treat the discovery responses as confidential. Steve Oxley, CAS, recommended the Commission grant the request. Deputy Chair Furtney moved to grant the request, Commissioner Lewis seconded and Chairman Hurless concurred.

6. Docket No. 70000-TA-04-1045 (Record No. 9427) Qwest Corporation. Application for approval of Qwest's 2004 TSLRIC study, consider Motion of Qwest for Confidentiality Agreement. Roger Fransen asked for approval of the Motion for the Confidentiality Agreement. The Agreement would apply to all parties and OCA would be an authorized person. Chris Petrie, OCA, stated that the OCA is comfortable with the modified agreement. Steve Oxley, CAS, stated that the staff has not viewed the modified agreement, but the Confidentiality Agreement looks like those before the Commission in the past. Steve Oxley recommended conditional approval subject to final approval at the next open meeting in conjunction with the agenda item for Docket No. 70000-TA-04-1023.

7. Undocketed. 13 sets of Open Meeting Minutes to be approved by the Commission for November 18, 19 and 30; December 2, 3, 7, 9, 14, 15 and 20; January 4, 13, 18. This item is tabled until the next Open Meeting.

1. Docket No. 70000-TC-04-1017 (Record No. 9229) In the complaint of South Park Development, LLC, against Qwest Corporation requesting a formal hearing on security deposit. Qwest filed a Motion to Strike Testimony, requesting certain pre-filed testimony filed by South Park be struck from the record. Qwest also requests the Commission to instruct South Park that any late-filed testimony of certain individuals be stricken. Commissioner Lewis recused herself from this docket. Harry Ivey, CAS, briefed the Commission on the parties' filings and the issues that lead to this hearing. Three motions were presented. The first Motion argued was the response by South Park to Qwest's Motion to Strike. After the parties presented their arguments, Mr. Ivey recommended the Commission issue an order in response to the first prayer for relief. Deputy Chair Furtney moved to issue a clarifying order limiting the issues to whether Qwest is properly interpreting and applying tariff pertaining to the security deposits. Chairman Hurless concurred. The Commission then heard arguments on Qwest's Motion to Strike. Deputy Chair Furtney moved to strike Kevin Keller's testimony on pages 10 and 11. Chairman Hurless concurred. Deputy Chair Furtney moved to allow testimony from Edeen, Olson, and Dancliff. Chairman Hurless concurred. The Fagan testimony has not been prefiled and thus, the Commission was not able to rule. Paul Hickey stated that Qwest did not have time to respond to the last filing by South Park, which is a Motion to Strike Testimony. Chairman Hurless stated that the Commission would hear this motion the next day, January 28, 2005 at 10:30 a.m.

2. Docket No. 70000-TA-04-1023 (Record No. 9277) In filing of Qwest Corporation for approval of its 2004 annual TELRIC Study filing. Qwest filed a Motion for Confidentiality Agreement. Harry Ivey, CAS, briefed the Commission and stated the agreement was similar to other confidentiality agreements before the Commission. Deputy Furtney moved to approve the filing, Commissioner Lewis seconded and Chairman Hurless concurred.

Next Open Meeting: January 28, 2005 at 10:30am.