20260716IDAPA 31.36.01 Negotiated Rulemaking Written Summary July 2026.pdf

NEGOTIATED RULEMAKING—WRITTEN SUMMARY
Pursuant to I.C. § 67-5220(3)(f), the Idaho Public Utilities Commission (IPUC)provides the
following written summary of unresolved issues, key information considered, and conclusions
reached during and as a result of the negotiated rulemaking in Case No. RUL-U-26-02.
Background
Idaho Code 67-5292 requires that each rule chapter that is in effect on July 1, 2026, shall be
reviewed by the legislature on a staggered,periodic schedule between July 1, 2026, and June 30,
2034, and on a similar schedule each eight(8)years thereafter. The review schedule shall be
established by the office of the administrative rules coordinator.
DFM published a schedule for agencies to review their rules. IDAPA 31.36.01 Policies and
Presumptions for Small Water Companies is scheduled for review this year.
Procedural Overview
At its May 26, 2026, decision meeting, the Commission directed Commission Staff(Staff) to
open a new docket designated as RUL-U-26-02. The Commission authorized Staff to conduct
negotiated rulemaking consistent with I.C. § 67-5220.
June 11, 2026 Negotiated Rulemaking Meeting
The negotiated rulemaking meeting was attended by the following persons:
- Westerberg Aston &Associates: Jacob Sauer
- Veolia: Jarmilla Cary
- DIM: Brenda Nunley
- Commission Staff: Taylor Thomas, Donn English, Travis Culbertson, Adam Rush,
Stephen Goodson, Kelsea Ross, Erika Melanson, Allison Moore.
Meeting Overview
Taylor Thomas, Administrator of the Idaho Public Utilities Commission(IPUC) stated the
purpose of the meeting was to discuss the Commission's review of IDAPA 31.36.01 as part of
Idaho's periodic rule review process and to explain Staff s recommendation to repeal the chapter.
Staff concluded that the chapter's two primary components—the outdated definition of a small
water company and the presumption regarding contributed capital—no longer justify maintaining
a separate rule chapter. Staff therefore recommends repealing IDAPA 31.36.01 and handling
these matters through existing Commission ratemaking and regulatory proceedings. To date no
comments have been received.