20100809_3042.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DEPUTY ATTORNEY GENERAL
DATE:AUGUST 3, 2010
SUBJECT:THE COMMISSION'S PROPOSED AMENDMENTS TO ITS RULES OF
PROCEDURE, IDAPA 31.01.01 , DOCKET NO. 31-0101-1001 (IPUC CASE
NO. RUL-I0-0l)
On March 2010, the Commission initiated a Negotiated Rulemaking to examine
various amendments to its Rules of Procedure, IDAP A 31.01.01. The Commission notified the
State Bar, consumer groups, and all utilities that the Commission intended to convene an
informal workshop on April 21 , 2010. Participants at the workshop included: Idaho Power
Staff, Qwest, Rocky Mountain Power, and United Water. Avista and Verizon submitted written
comments. Based upon the comments and discussions offered at the workshop, the participants
agreed to adopt some of the proposed rules and to correct and/or clarify other rules.
The Commission s proposed rules were published in the Administrative Bulletin on
July 7, 2010. Written comments regarding the proposed the changes were due not later than July
2010. The Commission received no comments in response to the APA notice.
The Commission did receive two letters from the Legislative Services Office. In its
letter dated July 2, 2010 , Legislative Services determined that it appears that the proposed rules
have been promulgated within the scope of statutory authority granted to the Public Utilities
Commission.In a subsequent letter dated July 21 , 2010, Legislative Services reported that
there were no objections to the proposed rule changes.
THE PROPOSED CHANGES
The Commission s APA notice stated that there were several reasons for changing the
Commission s Rules of Procedure. The description of these changes included:
DECISION MEMORANDUM
Conform the Commission s testimony and transcript Rules 231 and 286 to
changes in the Supreme Court'Appellate Rules; change Rule 43
(Representation of Parties) to conform to recent Supreme Court opinions
regarding the representation of partnerships, corporations and other entities in
Commission proceedings; add Rule 20 to make it easier to determine when
telephone companies are no longer conducting business in Idaho; add a
definition of "utility" to Rule 5; and make other changes to improve the clarity
of rules (Rules 16, 125 , 301) and correct citations, cross-references, or an
Internet address (Rules 0, 4 121).
The Commission s Notice of Rulemaking, 2010 Idaho Administrative Bulletin, Vol. 10-
, p.
96.
The proposed changes to the Commission s Rules of Procedure are attached for your
final review.
COMMISSION DECISION
Does the Commission wish to make any changes to its proposed rules published in
the Bulletin on July 7 , 2010, in Vol. 10-077
Does the Commission wish to adopt its proposed rules as its pending rules? Does the
Commission wish to have its Notice of Adoption of Pending Rules published in the next
Administrative Bulletin on October 6, 201 O?
Don Howell
Deputy Attorney General
bls/N:31-01O1-IOOI Decision Memo dh4
DECISION MEMORANDUM
IDAHO PUBLIC UTILITIES COMMISSION
Rules of Procedure of the Idaho Public Utilities Commission
Docket No. 31-0101-1001
Proposed Rulemaking
THE FOLLOWING IS THE PROPOSED TEXT FOR DOCKET NO. 31-0101-1001
000. LEGAL AUTHORITY (RULE 0).These rules are adopted under the general legal authority of the Public Utilities Law, Chapters 1 through 7, Title 61
Idaho Code,~ Chapters 9-, 8 through ffl'tfi 15 through 17.Title 61 , Idaho Code,~ Chapters 3 and 4, Title 62, Idaho
Code,~ the Telecommunications Act of 1988, as amended, Chapter 6, Title 62,~ ffl'tfi Chapter~ 12 Title Idaha Code,
Ghttp1eF and , Title 62, Idaho Code,~ and the particular authority of Sections 56-904, 61-304 through 61-309, 61-
501 61 502 61 503 through 61-505 , 61-507 61-516.61-538 61-541.61-601 through 61-607, 61-610 through 61-
619 61-6201 through 61-626 61-803 through 61-806.61-902 through 61-905 , 61-909, 61-1003 through 61-1005
61-1007 61-1305 61-1306 61-1603 through 61-1607. 61-1703 through 61-1709.62-304 , 62-305, 62-424, 62-6042;-
62605,62608 through 62612 62610,4 thr61;;/gh 62 6l0P: 62 614 thr-6ugh 62-616A, 62-619, 62-622 62-622A.62-
1201 through 62-1207, 62-1303 ffl'tfi62-1304 63-30291. and 67-6528.Idaho Code.
(BREAK IN CONTINUITY OF SECTIONS)
004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
Except as provided by statute and Rules 2Q.. 52......QL ffl'tfi 233 and 287.all materials filed with the Commission
pursuant to these rules and all materials issued by the Commission pursuant to these rules are public documents
subject to inspection, examination and copying.
005. DEFINITIONS (RULE 5).
Terms of art used throughout these rules are defined within the rules themselves. The term "utility" used in these rules
includes every common carrier. pipeline corporation. gas corporation. electric corporation. telephone corporation.
and water corporation as defined in Chapter 1. Title 61. Idaho Code. and Section 62-603. Idaho Code.
(BREAK IN CONTINUITY OF SECTIONS)
016. SERVICE BY COMMISSION - DESIGNATION OF AGENT (RULE 16).The Commission Secretary serves all notices, orders, summonses, and complaints issued by the Commission or bythe Secretary. (7 -93)
01. Service of Orders and Notices. All notices and orders served by the Commission may be served
by United States mail. Notices and orders may also be served by electronic mail in cases designated by the
Commission. Unless otherwise provided by statute, these rules, order or notice, service of orders and notices is
complete when a copy, properly addressed and stamped, is either deposited in the United States mail or transmitted
electronically. All orders and notices shall be affixed with the Commission Secretary s official service date on the
first page. The Commission Secretary will serve all orders and notices in a proceeding on the representatives of each
party designated pursuant to Rule 41 for that proceeding and upon other persons designated by these rules or by theCommission or any Commissioner. (3-16-04)
02. Service of Summonses and Complaints. The Commission Secretary will serve complaints against
utilities upon the person designated for that purpose by the utility. All utilities must l'ilaintain en file ,(,'ith the
Cammissia/1 Secretary Cl designatian af such Cl pCFS61!.Summonses and complaints directed to regulated utilities or
other persons shall be served by registered or certified mail. Writs of summons or subpoena and warrants of
attachments directed to all other persons must be served by a person authorized to serve process by statute or by theIdaho Rules of Civil Procedure.
03. Deshmation of Al!ent for Service. All utilities shall designate a person as their agent to be served
with summons and complaints. Utilities shall be responsible for maintaining on file with the Commission SecretaI)'
Idaho Administrative Bulletin Page 97 July 7, 2010 - Vol. 10-
IDAHO PUBLIC UTILITIES COMMISSION
Rules of Procedure of the Idaho Public Utilities Commission
Docket No. 31-0101-1001
Proposed Rulemaking
the current name. mailing address and e-mail address of the person designated as the agent to receive service.L---1
(BREAK IN CONTINUITY OF SECTIONS)
019. INCORPORATED BY REFERENCE -- IDAHO BAR COMMISSION RULE (RULE 19).
Rule 43 incorporates by reference Idaho Bar Commission Rule 22Jl (Limited AdmissionlPro Hac Vice). Bar Rule
22Jl is promulgated by the Idaho State Bar and adopted by order of the Idaho Supreme Court. Bar Rule 22Jl may be
obtained from the Idaho State Bar, PO Box 895, Boise, ID 83701 , or online at low,..2.state.iri.us/ish/ ullder the
Rules " i3an www.isb.idaho.gov.Bar Rule 22Jl is also available for inspection and copying at the Idaho State LawLibrary or at the offices of the Idaho Public Utilities Commission.
020. (RESEIWElJ) DISCONTINUANCE OF TELECOMMUNICATIONS SERVICE (RULE 20)
A telephone corporation that intends to discontinue service in Idaho shall file a notice with the Commission at least
ninety (90) days in advance of the date that it intends to cease operations. The telephone corporation proposing to
discontinue basic local exchange or message telecommunications services shall also publish a notice of such
discontinuance in a legal newspaper circulated in its service area pursuant to Section 62-612. Idaho Code. If the
telephone corporation held any customer deposits or advance payments. the telephone cOl:poration shall indicate in
the notice how the deposits are to be returned to customers. See also IDAPA 31.41.01. "Customer Relations Rules for
Telephone Corporations Providing Services in Idaho Subject to Customer Service Regulation by the Idaho Public
Utilities Commission." Section 312 L---1
(BREAK IN CONTINUITY OF SECTIONS)
043. REPRESENTATION OF PARTIES iT ROCEED!.\'.f:8 (RULE 43).
Rceagnizing thtlt 'p'roceedings before the Commission are sometimes administrative in nature or quasi-judicial in
nature,~ appatr-Clnccs Cll1d ;'eprcsel!tatiel1 efpclrties at hearing shatt hc (;ISjQtt6~VS:
01. Administrative Proceedinl!s. Administrative proceedings before the Commission include matters
such as the filing of tariff schedules. tariff advices. price lists, certificates to provide local exchange service.
interconnection agreements. rulemaking, written comments in modified procedure. or written comments provided at
a customer hearing. These filings may be made by a natural person pro se. a partner in a partnership. an employee or
officer of a corporation. or a licensed attorney.L---1
02. Ouasi-Judicial Proceedinl!s. The representation of parties at quasi-judicial proceedings for the
purpose of adjudicating the legal rights or duties of a party is restricted as set out below. Ouasi-judicial proceedings
before the Commission include matters such as formal complaints. petitions. motions. applications for modified
procedure or technical/evidentiary hearings. Representation of parties of these types of proceedings shaIl be as
follows:L---1
MI!. .?\VitNlal.Qe,"s811.A natural person ffll;t8/ may represent himself or herself or be represented by a thtlya/;jtherizcd cmptoyec, ar all licensed attorney.
~h. .tlfe/'s!lip.A partnership ffll;t8/ or corporation shall be represented by a parillc;; duly autherized
emploJCc, er Cln licensed attomey.
C8rpSI aH8". A corpe/"atien must be rcpl'(:scnted by tin officcr. d1;/ty autherized empll3yee, ar al!
(7 93)aUm lie).
94r:.. 01.'Jel EIlIi~.A municipal corporation,.;..J! state, federal , tribal , or local government agency,~ fff
enfity-, an unincorporated association,~ OF f!. non-profit organization, ffll;t8/ or other entity shall be represented by tilt
efjfeeF-. a duty autharizcd cYl'/fJleyce or all licensed attorney.
Idaho Administrative BuIletin Page 98 July 7, 2010 - Vol. 10-
IDAHO PUBLIC UTILITIES COMMISSION
Rules of Procedure of the Idaho Public Utilities Commission Docket No. 31-0101-1001
Proposed Rulemaking
O~;l. Attorney Representation. Only an active member of the Idaho State Bar may represent a party as
an attorney except as provided by Idaho Bar Commission Rule 22J1 (Limited AdmissionIPro Hac Vice). The
Commission adopts by incorporation Bar Rule 22J1 as modified below.
a. Ci',en the tldministrt/ti'e nature afmall) pr6cccdings imited admission by out-of-state attorneys
will not be necessary in conjunction with administrative filings slich CtS tariff schedules, tt/riff t/d'iiees, price lists
certificates ta pro'iide lecal excllallgc scrvice, and intcl'celllleetien agreements proceedings. Out-of-state attorneys
representing the same party in one (1) or more quasi-judicial caGes (such tiS fe;'ma! campktillts, matiens, fJetitiellsa;ld tlJ3Plicatialls that request /'Ijedified pr-6eedlire er an n'identialY hearing). proceedings must request limitedadmission at least one (I) time per calendar year. b. An attorney applying for limited admission to appear before the Commission in a representative
capacity shall file a written motion with the Commission Secretary and serve a copy on all parties. The motion shall
be substantially in the form set out in Bar Rule 22:2-1(1) with references to the Commission instead of the court.
c. A copy of the written motion shall be submitted to the Idaho State Bar accompanied by the fee
prescribed by in Bar Rule 22:2-10).
(BREAK IN CONTINUITY OF SECTIONS)
121.FORM AND CONTENTS OF APPLICATION TO CHANGE RATES (RULE 121).
01. Utility Applications to Change Rates. Applications by any public utility subject to Title 61. Idaho
Code,to increase, decrease or change any rate, fare, toll, rental or charge or any classification, contract, practice, rule
or regulation resulting in any such increase, decrease or change must include the following data: a. An exhibit showing in full each proposed change in rates, tolls, rentals, charges, rules or regulation
by striking over proposed deletions to existing tariffs and underlining proposed additions or amendments to existing
tariffs, except applications to increase or decrease all or almost all rates and charges by a uniform percentage or by a
uniform amount may be made by filing a tariff listing the proposed change and all unchanged rates and charges or
rates and charges not changed by a uniform percentage or a uniform amount, or by use of another designation
previously approved by the Commission that clearly calls attention to all proposed changes in numbers or wording.
(7-93)b. If the application is subject to Rule 122, a complete justification of the proposed increase in the
form of testimony and exhibits or a narrative exposition. (7 -93)c. If the application is subject to Rule) 22 vheli a gcllel'ti! ehallgc in r-ceurring l'tites is propescd,
statement showing how the application has been brought to the attention of affected customers under lDAR1
31.21.02.102 ar 3.1.'.02.1()2 and a copy of the press release and customer notice required by Rule 125.
A statement that the applicant stands ready for immediate consideration of the application. (7-93)e. If the application is subject to Rule 122, testimony and exhibits showing financial statements, costof capital and appropriate cost of service studies. (7 -93)f. Workpapers or documentation showing how test year data were adjusted. (7-93)
g.
If the applicant provides utility service in states other than Idaho or utility service subject to federal
regulation, a jurisdictional separation of all investments, revenues and expenses allocated or assigned in whole or in
part to Idaho intrastate utility business regulated by this Commission showing allocations or assignments to Idaho.
(7-93)
Idaho Administrative Bulletin Page 99 July 7, 2010 - Vol. 10-
IDAHO PUBLIC UTILITIES COMMISSION
Rules of Procedure of the Idaho Public Utilities Commission
Docket No. 31-0101-1001
Proposed Rulemaking
02. Proposals Based upon Computer Modeling. In addition, in any application in which a computer
model is used to represent or simulate processes from which the revenue requirement is derived or upon which
allocations of the revenue requirement to different customer classes are based, complete documentation of all those
computer models must be supplied to the Staff, upon request, and be available in the utility's office or other
depository. The Staff may request that the computer model itself be provided. A computer model includes the
representation or simulation of a process, but does not mean or include the compilation of actual data. The application
must state that the documentation of the models already on file in the applicant's office or other depository fully
describes the models or that necessary updates or additions to previous documentation that will fully describe themodels is on file and will be supplied on request. (4-00)
03. Grounds for Returning or Dismissing Application. Failure to comply with Rule 121.01 and
121.02 of this rule is grounds to return or dismiss an application under Rule 65. (7-93)
(BREAK IN CONTINUITY OF SECTIONS)
125.NOTICES m CUSTOMERS OF PROPOSED CHANGES IN RATES (RULE 125).
01.Customer Notice of a Change in Rates.L---1ib If a utility is requesting a rate increase, the utility shall issue a customer notice to each customer.
The customer notice shall include a brief explanation of the utility's need for additional revenue and the dollar
amount requested. The notice shall give the proposed overall percentage change ITom current rates as well as the
proposed percentage increase in revenue for each major customer class. L---1
!l:. If the utility is requestin~ a rate decrease. the utility shall issue a customer notice to each customer.
The customer notice shall include a brief explanation of the reason for the decrease. the overall dollar amount of the
proposed decrease. and the proposed percentage decrease for each major customer class.L---1
The customer notice shall make it clear that the application is a proposal, subject to public review
and a Commission decision. It shall also inform customers that a copy of the utility s application is available for
public review at the offices of both the Commission and the utility, and on the Commission s homepage.
02. Timing of Notice for Trackers or Annual Cost Adjustments. Tracker adjustments occasioned by
federal action that result in an increase or decrease in rates may be brought to the attention of customers in
compliance with this rule after approval by the Commission. Atl-eQther tracker or annual cost adjustment cases that
result in an increase in rates remain subject to the requirements of advance notice contained in this rule. Other tracker
or annual cost adjustment cases that result in a decrease in rates may be brought to the attention of customers in
compliance with this rule after being approved by the Commission.
03. Distribution of Customer Notices. The customer notices referred to in Subsection 125.01 may be
mailed to customers as bill stuffers over the course of a billing cycle or may be contained in additional comment
pages to the customer s monthly bill. If additional comment pages are used, the information required by this rule is to
be clearly identified, easily understood, and pertain only to the proposed rate change. (5-09)
04. Press Release. In instances covered by Subsection 125.0 I, the utility shall also send a press release
containing, at minimum, the same information presented in the customer notices to all newspapers, radio, and
television stations listed on the Commission s news organization list for that utility. The press releases shall be mailed
or delivered simultaneously with filing of the application. (5-09)
05. Filing of a Press Release and Customer Notice. A copy of the press release and customer noticeshall be filed with the application. (5-09)
Idaho Administrative Bulletin Page 100 July 7, 2010 - Vol. 10-
IDAHO PUBLIC UTILITIES COMMISSION
Rules of Procedure of the Idaho Public Utilities Commission Docket No. 31-0101-1001
Proposed Rulemaking
06. Purposes and Effects of This Rule. The purposes of Subsections 125.01 through 125.05 of this
rule are to encourage wide dissemination to customers of information concerning proposed rate changes for utilityservices. It is not a purpose of these subsections to create due process or other procedural rights in customers by
expanding, contracting, or otherwise modifying the notice and due process rights of customers under the Public
Utilities Law and the Commission s Rules of Procedure, mAPA 31.01.01. Accordingly, Subsections 125.0 I through
125.05 of this rule create no individual procedural rights in any customer for notice that would give rise to a due
process or other procedural claim cognizable by the Commission, but failure to comply with Subsections 125.
through 125.05 of this rule can be grounds for returning an application for incompleteness. (5-09)
(BREAK IN CONTINUITY OF SECTIONS)
231.PREPARED TESTIMONY AND EXHIBITS (RULE 231).
01. Prepared Testimony May Be Required. Order, notice or rule may require a party or parties to
submit prepared testimony and exhibits to be presented at hearing. (7-93)
02.Format for Prepared Testimony.(7-93)a. Prepared testimony and exhibits must be accompanied by a cover sheet showing the case caption
and case title, the person testifying, the party for whom the testimony is offered, and the nature of the testimony
(direct, rebuttal , etc.
).
(7 -93)b. The first page of prepared testimony should contain testimony only (i., it should begin with thefirst question to the witness and not repeat the information on the cover page). (7-93)c. Prepared testimony must be submitted on white eight and one-half by eleven inch (8-1/2" x 11"
paper, be double-spaced (except for quoted material and tables or other collections of numerical data), and contain no
more than ten (10) characters per inch and no f/fflt'e less than twenty-five (25) lines of double-spaced testimony ill
more than thirty 00) lines per page. Each page may be printed on the front and back (duplexed). d. Each line of prepared testimony must be numbered at the left margin (except single-spaced
quotations or tables of numerical data, which may be numbered at the left margin as though they were double-
spaced). Each page of testimony must have a one and one-half (1-1/2) inch left margin that will allow the page to be
bound on its left side without obscuring the printed material. Indentations for paragraphing and for "Q" and "A" mustbe seven (7) spaces. (7 -93)e. Each page of prepared testimony must be numbered at the lower right corner and must be blank in
the center of the bottom margin to allow the reporter to insert transcript page numbers there. Each page of prepared
testimony must have at least a one-inch (1") top and bottom margin. (7-93)f. Each page of prepared testimony must contain the witness s surname followed by the designation
Di" (signifying direct testimony) or "Di-Reb" (signifying direct testimony on rebuttal) and the name of the party
sponsoring the testimony printed in the lower right margin. For example, the marginal notation on page 5 of the
testimony of the witness Lynn Accountant of ABC Company would be:
Accountant, Di
ABC Company
Accountant, Di 5
ABC Company
(7-93)
03. References to Exhibits. All references to exhibits in prepared testimony must refer to the exhibitsby their number as assigned by the Commission Secretary. Exhibits accompanying prepared testimony must be
consecutively numbered from the first exhibit number assigned to the party by the Commission Secretary if the party
has not previously identified exhibits, or from the highest exhibit number previously identified by that party. Exhibits
Idaho Administrative Bulletin Page 101 July 7, 2010 - Vol. 10-
IDAHO PUBLIC UTILITIES COMMISSION
Rules of Procedure of the Idaho Public Utilities Commission
Docket No. 31-0101-1001
Proposed Rulemaking
must be filed on eight and one-half by eleven inch (8-1/2" x 11") paper unless it is impractical to make them that size.
Exhibits accompanying prepared testimony must comply with Rule 267. (7-93)
04. Number of Copies -- Filing and Service. Unless otherwise provided by order, notice or agreement
of the parties, nine (9) legible copies of prepared testimony and exhibits must be filed with the Commission Secretary
and copies filed on all parties pursuant to Rules 61 , 62, 63 and 64 at least fourteen (14) days before the hearing at
which they will be presented. The original, if there is an original, or one (1) of the copies, if there is not, must be
specifically designated as the reporter s copy by cover sheet, attached note or otherwise, and be included with the
copies filed with the Commission Secretary. In special circumstances, notice or order may provide that the reporter
copy of prepared testimony and exhibits be served directly on the reporter rather than the Commission Secretary.
(7-93)
05. Computer-Searchable Copies of Testimony. In addition to the paper copies of prepared
testimony, the Commission Secretary may also require or the parties may agree that some or all of the prepared
testimony to be submitted to the Secretary, parties and the reporter in computer searchable CD-ROM without
password protection. The CD-ROM shall be in standard ASCll fermat Adobe Acrobat (PDF), or other searchable
format agreed upon by the reporter and the parties. Each CD-ROM shall be labeled with the Commission s case
number, case name, the name of each witness and the sponsoring party.
(BREAK IN CONTINUITY OF SECTIONS)
286.lRANSCRIPTS (RULE 286).
01. Form of Transcripts -- COVer Sheet. Transcripts must be prepared on white eight and one-half by
eleven inch (8 112" x 11") paper. The lines of each page shall be double-spaced with a minimum of twenty-five (25)
lines and a maximum ofthirty (30) lines per page. Quotations. citations and parenthetical notes may be single-spaced.
Each line shall be numbered on the left margin.The cover page of each volume of transcript must show the title of the
proceeding, the case number, the presiding officer, the time and place of hearing, and other information as shown in
the following example:
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
(TITLE OF PROCEEDING)
CASE NO. XXX-XX-XX)
(COMMISSIONER Able Baker, Presiding)
(HEARING OFFICER Charlie Dog, Presiding)
(Date, e., January 21 , 1983)
(Hearing Room, e., Commission Hearing Room)
(Address, e., 472 West Washington, Boise, Idaho)
02. Volumes of Transcript -- Indices to Volumes. Each day of hearing must be transcribed in a
volume or volumes separate from other days of hearing. Each volume of transcript must begin with a list of the
parties who appeared that day and their representatives at hearing that day. This list must be followed with a list of all
witnesses whose testimony is reported in that volume, showing the pages at which each witness s testimony begins
what party (if any) called the witness, the pages upon which each other party's examination begins, the pages upon
which each Commissioner s or hearing examiner s examination begins, and the pages upon which redirect
Idaho Administrative Bulletin Page 102 July 7, 2010 - Vol. 10-
IDAHO PUBLIC UTILITIES COMMISSION
Rules of Procedure of the Idaho Public Utilities Commission
Docket No. 31-0101-1001
Proposed Rulemaking
examination or any party', Commissioner s or hearing examiner s re-examination begins. These lists must be
followed with a list showing all exhibits identified in that volume of transcript (including exhibits accompanying
prepared testimony), the pages upon which they are first identified, and, if any exhibits are denied admission, thepages upon which the exhibits are denied admission. (7 -93)
03. Matters Included in Transcript. The transcript must contain all discussions on the record while
the hearing is in order. Unless otherwise directed by the Commission, the presiding officer, or the Commission
Secretary, prepared testimony must be included in the transcript without change or retyping. Witness s corrections to
prepared testimony should be made by distributing replacement pages to the reporter and describing those corrections
on the record and/or distributing an errata sheet; unless otherwise directed, no corrections other than replacement
pages will be made in the prepared testimony before it is incorporated in the transcript, except the reporter may make
minor corrections by interlineation in the prepared testimony. Witnesses may have seven (7) days after hearing to
distribute replacement pages to all parties and to the reporter, unless the Commission, the presiding officer or theCommission Secretary otherwise directs. (7-93)
04. Marginal Notes. The testimony of all witnesses reported in the transcript must be designated in the
lower right margin by the witness s surname and the party sponsoring the witness s testimony. Witnesses not
sponsored by any party must be designated "Public." The type of testimony must be shown following the witness
surname as "Di" (direct or redirect), "X" (examination by any party not sponsoring the witness), or "Com
(examination by a Commissioner or hearing examiner). Examples of the designations required by this Rule follow:
Accountant, Di;
ABC Company
Accountant, Com; Ratepayer, X
ABC Company Public
Discussions on the record that are not testimony or examination may be labeled "argument
" "
decision
" "
colloquy,
etc., to describe what is reported. (7 -93)
05. Volume Size -- Number of Pages. Transcript volumes should not exceed three hundred (300)
pages unless the transcript can be completed in three hundred fifty (350) pages or less. Transcript volumes and pages
of all proceedings on the record, including pre hearing conferences, hearings, arguments, and any other proceedings
on the record, must be numbered consecutively. For example, if a prehearing conference on the record preceded a
hearing, the transcript volume and page numbers of the hearing would be numbered consecutively with that of theprehearing conference. (3-16-04)
06. Number of Copies - Binding. The reporter shall prepare an original and one (J) copy of the
transcript for the Commission. The original of each transcript shall be filed with the Commission Secretary unbound
but each volume shall be separated (if applicable). Copies of the transcript shall be fastened at the left margin in spiral
or plastic-type binding, so as to open as flat as possible. (3-16-04)
07. Compressed Transcript. Any party may request a compressed transcript having no more than four
(4) pages of regular transcript on a page. Each volume of compressed transcript shall contain no more than two
hundred (200) pages unless the transcript can be completed in two hundred fifty (250) pages or less. A compressed
transcript may be duplexed. The pagination shall be horizontal as follows:
LIITIITITI
L---1
08. Comnuter-Searchable Transcript. Any party may request a computer-searchable disk of the
written transcript. The disk shall be in Adobe Acrobat (PDF) or other searchable format agreed upon by the reporter
and the party ordering the disk.L---1
0-72.. Purchase of Transcript. Any party or other person may request and pay for a copy of a transcriptor portions of the transcript from the reporter. (3-16-04)
Idaho Administrative Bulletin Page 103 July 7, 2010 - Vol. 10-
IDAHO PUBLIC UTILITIES COMMISSION
Rules of Procedure of the Idaho Public Utilities Commission
Docket No. 31-0101-1001
Proposed Rulemaking
(BREAK IN CONTINUITY OF SECTIONS)
301. FAILURE TO ANSWER OR APPEAR AT HEARING-- DEFAULTS (RULE 301).
After an applicant's, petitioner , complainant's or moving party's failure to appear at the time and place set for
hearing, the Commission may dismiss the petition, application, complaint or motion. When a respondent that has
been properly served fails to answer or appear at hearing, the Commission may order any relief against therespondent authorized by law. (7-93)
Idaho Administrative BulJetin Page 104 July 7, 2010 - Vol. 10-