20240516New Release.pdf

Idaho Public Utilities Commission Brad Litile,Governor
P.O. Banc 83720. Boise, ID 83720-0074 Eric Anderson, President
Jdri R.Mammo* Jr,Cbmmissloner
Edward Lodge,Commissioner
Case No. PAC-E-23-22
Order No. 36175
Contact:Adam Rush
Office: [phone]
E-mail: [e-mail]
NEWS RELEASE: Commission denies electric utility's application regarding liability for non-
economic damages.
BOISE (May 16, 2024)—The Idaho Public Utilities Commission has denied an application from
Rocky Mountain Power that would limit the utility's liability for damages that are not tied to
financial loss.
Rocky Mountain Power sought approval from the commission to update Electric Service
Regulation No. 3 —Electric Service Agreements, which defines the utility's general rules and
regulations for electric service.
Rocky Mountain Power proposed to update provisions regarding liability for non-economic
damages. The updates would limit damages arising out of the utility's provision of electric
service to actual damages and exclude a-typical damages (including special, noneconomic,
punitive, incidental, indirect, or consequential). The limitation would only apply prospectively
and for actions arising out of the provision of electric service, and the limitation would not apply
where state law otherwise disallows the limitation. The utility alleged this proposed provision
strikes a balance between enabling actual damages when appropriate, and unreasonable treble
damages.
After a review of the application and other information, the commission determined it was not
fair,just, or reasonable to approve the application. The commission also determined that
limitations of liability regarding willful conduct or gross negligence are contrary to the public
interest,unfair, and unreasonable.
Additional information on Rocky Mountain Power's application and the commission's decision
is available at puc.idaho.gov/case/Details/7184.