19990827Notice of Proposed Rulemaking.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE AMENDMENTS TO THE COMMISSION’S RULE 105 CONCERNING INFORMATION TO CUSTOMERS OF GAS, ELECTRIC, AND WATER PUBLIC UTILITIES (IDAPA 31.21.02.105) AND RULE 103 CONCERNING INFORMATION TO CUSTOMERS OF TELEPHONE COMPANIES (IDAPA 31.41.02). )
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CASE NOS. 31-2102-9901
31-4102-9901

NOTICE OF PROPOSED
RULEMAKING

Two of the Commission’s administrative rules require that utilities make available brief written summaries of testimony to be offered at “all Commission hearings.” In particular, Rules 103 and 105 (IDAPA 31.41.02.103 and 31.21.02.105) provide that the utilities make available to the public brief written summaries of their position(s) and testimony in the 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.
At several recent public hearings, utilities have not made available summaries of their positions and testimony ostensibly because the utilities assume that such summaries were only required to be prepared in rate cases. On other occasions, the Commission has found it helpful for the parties to a hearing to make off-the-record presentations prior to the commencement of the hearing. These informal presentations allow the parties to briefly present their positions and answer questions of a general nature.
To eliminate confusion and to clarify the requirements of these rules, the Commission proposes to amend Rules 103 and 105. The Commission proposes to relax the requirement that summaries be prepared for all hearings. Parties may request that the Commission dispense with the preparation of 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 proposes to amend the rules to reflect the occasional practice of requiring oral presentations or briefings prior to the beginning of a public hearing. The Commission has found that these informal and off-the-record presentations prior to the beginning of a hearing provides the public a greater understanding of the issues to be addressed in the case. The Commission affirms that the written summaries and oral presentations are provided solely for the convenience of the public attending a hearing. Such summaries or presentations will not be allowed as evidence or form the basis for cross-examination of any witnesses.

NOTICE OF PROPOSED RULEMAKING
The Idaho Public Utilities Commission hereby gives notice of its proposal to amend its Informational Rules 103 and 105. IDAPA 31.41.02.103 and 31.21.02.105. Two Appendices are attached to this Notice of Proposed Rulemaking. Appendix A is a Notice of Proposed Rulemaking suitable for transmission to the Administrative Rules Coordinator. As explained in Appendix A, the comment deadline for this Notice of Proposed Rulemaking is October 27, 1999. Appendix B shows the proposed Rules in legislative format.
PROPOSED by the Idaho Public Utilities Commission at Boise, Idaho this _______ day of August 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/N:31-0000-9903_pucnotice_dh
IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION

31.41.02 and 31.21.02  INFORMATION OF TELEPHONE
COMPANIES AND INFORMATION TO CUSTOMERS OF
GAS, ELECTRIC, AND WATER PUBLIC UTILITIES

DOCKET NO. 31-2102-9901
31-4102-9901

NOTICE OF PROPOSED RULES

AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the Idaho Public Utilities Commissions proposed rulemaking. This action is authorized pursuant to Sections 61-502 and 61-601, Idaho Code.

PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be scheduled only if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, no later than October 20, 1999. The hearing site will be accessible to persons with disabilities. Request for accommodations must be made no later than five (5) days prior to the hearing, to the Commission’s address set out below.

DESCRIPTIVE SUMMARY: The Commission proposes to amend its rule that requires utilities make available brief written summaries of testimony to be offered at “all Commission hearings.” The Commission proposes to relax the requirement that summaries be prepared for all hearings. The rule contemplates that parties may request that the Commission dispense with the preparation of summaries on a case-by-case basis. The Commission also proposes to clarify the requirements of this rule. If a utility is requesting a rate increase, its summary shall address the utility’s need for additional revenue, the dollar amount requested, and the proposed percentage increase or decrease for each major customer group. Intervenors in Commission cases shall also be required to make brief written summaries available.

The Commission also proposes to amend the rule to reflect the occasional practice of requiring oral presentations or briefings prior to the beginning of a public hearing. The Commission has found that these informal and off-the-record presentations prior to the beginning of a hearing provides the public with a greater understanding of the issues that will arise during the hearing. Written summaries and oral presentations are to be provided solely for the convenience of the public attending the hearing. Such summaries or presentations will not be allowed as evidence or form the basis for cross-examination of any witness.

NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.0811, negotiated rulemaking was not conducted.

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning the proposed rules, contact Donald L. Howell, II, Deputy Attorney General at [phone].

DEADLINE FOR WRITTEN COMMENTS: Anyone may submit written comments regarding these proposed rules. All written comments and data concerning the proposed rules must be delivered to the Commission Secretary at the address identified above or must be postmarked on or before October 27, 1999. Persons desiring to comment are encouraged to submit written comments at their earliest convenience rather than wait until the comment deadline.

DATED this 20th day of August 1999.

Myrna J. Walters
Commission Secretary
Idaho Public Utilities Commission Street Address for Express Mail:
PO Box 83720
Boise, ID 83720-0074 472 West Washington Street
Telephone: [phone] Boise, ID 83702-5983
FAX: [phone]

IDAPA 31
TITLE 21
Chapter 02

31.21.02 - INFORMATION TO CUSTOMERS OF GAS, ELECTRIC,
AND WATER PUBLIC UTILITIES

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)( )

IDAPA 31
TITLE 41
Chapter 02

31.41.02 - INFORMATION TO CUSTOMERS OF TELEPHONE COMPANIES

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)( )

NOTICE OF PROPOSED RULEMAKING 1

Office of the Secretary
Service Date
August 27, 1999