20260902Administrative Bulletin.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.36.01 — POLICIES AND PRESUMPTIONS FOR SMALL WATER COMPANIES
DOCKET NO. 31-3601-2601 (CHAPTER REPEAL)
NOTICE OF RULEMAKING— PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has
initiated proposed rulemaking procedures.The action is authorized pursuant to Sections 61-303,61-315,61-501, 61-
502,61-503,61-507,and 61-523,Idaho Code,with regard to valuation and service.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be scheduled if requested in
writing by twenty-five(25)persons,a political subdivision,or an agency,not later than September 16,2026.
The hearing site(s)will be accessible to persons with disabilities.Requests for accommodation must be made not
later than five(5)days prior to the hearing,to the agency address below.
DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the
proposed rulemaking:
In accordance with Idaho Code Section 67-5292, the Idaho Public Utilities Commission is reviewing IDAPA
31.36.01 to assess whether the content of the rule chapter is still necessary. The Commission is proposing to repeal
this rule because the definition of a"small water company" is outdated, and the rule's presumption that all system
assets are contributed capital may no longer align with how some systems are financed and operated today.Repealing
this chapter will allow the Commission to address capital-investment issues on a case-by-case basis through existing
rate-recovery filings,ensuring more accurate and appropriate regulatory treatment.
FEE SUMMARY:There are no fees associated with this rule.
FISCAL IMPACT:There is no fiscal impact due to this administrative rule.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1), Idaho Code, negotiated rulemaking was
conducted on June 11,2026.The Notice of Intent to Promulgate Rules-Negotiated Rulemaking was published in the
June 3,2026,Idaho Administrative Bulletin,Volume 26-6,24-25.
INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief
synopsis of why the materials cited are being incorporated by reference into this rule:
No materials are incorporated by reference.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance
on technical questions concerning this negotiated rulemaking, contact Taylor Thomas at 208-401-8894. Materials
pertaining to the negotiated rulemaking can be found on the Idaho Public Utilities Commission website at the
following web address:https://puc.idaho.gov/case/Details/7756.
Anyone may submit written comments regarding this proposed rulemaking. All written comments must be
directed to the undersigned and must be delivered on or before September 23,2026.
DATED this 2nd day of September,2026.
Monica Barrios-Sanchez,Commission Secretary
Idaho Public Utilities Commission
11331 W.Chinden Blvd.,Bldg. 8, Ste 201-A
Boise,ID 83714
P.O.Box 83720
[phone] Office
[phone] Fax
[e-mail]
IDAPA 31.36.01 IS PROPOSED TO BE REPEALED IN ITS ENTIRETY
Idaho Administrative Bulletin Page 49 September 2,2026—Vol.26-9