20030811_581.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:AUGUST 7, 2003
RE:STAFF RECOMMENDATIONS TO AMEND THE COMMISSION'S RULES
OF PROCEDURE; CASE NO. RUL-03-2 (IDAPA DOCKET NO. 31-0101-
0301 )
In this decision memorandum the Staff is recommending that the Commission amend
several of its Rules of Procedure. The proposed amendments are attached for your review. Most
of the proposed changes are to improve the clarity or readability of the rules, remove ambiguity,
correct citations and cross-references, or make other housekeeping changes. The substantive
changes to the Commission s rules are outlined in greater detail below.
1. Rule 125 Public Workshops. The Staff is proposing a new rule regarding the
scheduling of public workshops when a public utility files an application to increase any rate.
The purpose of the workshop is for the Staff to dispense information regarding the application
and to obtain written or oral comments from the public prior to the Staff filing testimony or
comments in a case. The Pro Tem recommended that the Commission adopt such a rule.
2. Electronic Filing. Staff is also recommending that several Commission rules be
modified to allow for a wider use of electronic filing and service of documents. In particular
Rule 132 encourages utilities to electronically file their tariff schedules. Rule 16 would allow
the Commission Secretary to serve notices and orders electronically "in cases designated by the
Commission.
3. Rule 43 Attorney Representation The Staff is propOSIng that Rule 43
modified to conform to Rule 222 of the Idaho State Bar. Bar Rule 222(a) provides that only a
member of the Idaho State Bar may represent a party as an attorney with one exception. The
DECISION MEMORANDUM
exception is provided in Bar Rule 222 which allows a limited admission (Pro Hac Vice) upon
application to the State Bar.
As the Commission may be aware, the State Bar successfully challenged prior
provisions of this rule in 1980. Idaho State Bar Association v. Idaho PUC 102 Idaho 672
(1981). In its opinion, the Supreme Court recognized that proceedings before the Commission
are "quasi-judicial, and often involve matters more administrative than judicial in nature(.
Consequently), some relaxation of the traditional rule against the practice of law by lay persons
is appropriate.Id.102 Idaho at 676. In its opinion, the Court observed that it was reasonable
to require entity representatives to be connected with such entities when appearing before the
Commission.For example, the Court said it was reasonable for a partner to represent a
partnership, or a corporate officer to represent a corporation. Conversely, a person unconnected
with an entity may not represent that entity before the Commission.
In 2000, the State Bar promulgated and the Supreme Court approved Bar Rule 222
that allows out-of-state attorneys limited admission to represent a party in Idaho courts. As set
out in Subsection .05 of Rule 43 , the Staff recommends that the Commission adopt Bar Rule 222
by incorporation. This rule would require that an out-of-state attorney desiring to appear before
the Commission in a representative capacity in major or quasi-judicial proceedings to file a
written motion with the Commission Secretary and serve a copy on all parties. Examples of
quasi-judicial proceedings include formal complaints, petitions, motions, and applications for
modified procedure or evidentiary hearings. Administrative proceedings where no admission
would be necessary include tariff advices, tariff schedules, price lists, interconnection
agreements, and certificates to provide local service.
The Pro Hac Vice motion shall be substantially in the form set out in Bar Rule 222(1),
replacing references to courts with the word "Commission." Bar Rule 2220) also requires that a
copy of the written motion be filed with the Idaho State Bar to accompany the filing fee. Rule
2220) establishes a filing fee of $200 payable to the Idaho State Bar.
Staff believes that adoption of Bar Rule 222 is reasonable. Since this rule has been in
effect, several out-of-state attorneys appearing before the Commission have filed Pro Hac Vice
motions to appear before the Commission. Although Bar Rule 222(j) requires a motion and
payment of the fee "in each case " Staff believes that formal admission is only necessary in
quasi-judicial proceedings. In addition, there are ways to mitigate this fee for Oregon and
DECISION MEMORANDUM
Washington attorneys. For example, the Idaho Bar has reciprocity with the State Bars of Oregon
and Washington. Bar Rule 222 is also attached.
4. Reducing the Number of Copies. Staff also recommends two changes to Rule 61
regarding the number of copies filed with the Commission. First, the Rule specifies that
proceedings to approve telecommunication interconnection agreements, the applicant only needs
to file one copy of the pleading. Second, new Subsection .03 allows the Commission Secretary
to exercise discretion and reduce the number of required copies or allow electronic copies to be
filed in lieu of printed originals and copies on a case-by-case basis.
Don Howell
Vld/N:31-0101-0301 DecMemo
DECISION MEMORANDUM
IDAPA 31
TITLE 01
CHAPTER 01
31.01.01 - RULES OF PROCEDURE OF THE
IDAHO PUBLIC UTILITIES COMMISSION
012. OFFICE--OFFICE HOURS - FAX NUMBER - MAILING, ELECTRONIC AND
STREET ADDRESSES (Rule 12).
The principal office of the Commission is in Boise, Idaho. This office is open from 8 a.m. to 5
, except Saturday, Sunday and legal holidays. The Commission s telephone number is (208)
334-0300. The Commission s text telephone (TDD) number for the hearing or speech impaired is
[phone] may reach the Commission through the Idaho Telecommunications Relay
Service by dialing 711 (4 5 00)(
01. Fax Number, Mailing And Street Addresses. The Commission s FAX number is
[phone]. The Commission s mailing address is: Idaho Public Utilities Commission, PO
Box 83720, Boise, Idaho 83720-0074. The street address of the Commission is: 472 West
Washington, Boise, Idaho 83702-5983. All documents filed in all proceedings must be filed with
the Commission at one (1) ofthese addresses. (4-00)
02. Electronic Address. The Commission s electronic address for its Internet homepage
is www.puc.state.id.us.(4-00)
(BREAK IN CONTINUITY OF SECTIONS)
016.SERVICE BY COMMISSION (Rule 16).
The Commission Secretary serves all notices, orders, summonses, and complaints issued by the
Commission or by the 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 at
the request of persons to be served 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 the Commission or
any Commissioner.(1 5 00)(
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 maintain on file with the Commission Secretary a designation of such a person.
Summonses and complaints directed to regulated utilities or other persons shall be served
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 the
Idaho Rules of Civil Procedure.(4-00)
(BREAK IN CONTINUITY OF SECTIONS)
019.
19).
INCORPORATED BY REFERENCE -- IDAHO BAR COMMISSION RULE (Rule
Rule 43 incorporates by reference Idaho Bar Commission Rule 222 (Limited Admission/Pro Hac
Vice). Bar Rule 222 is promulgated by the Idaho State Bar and adopted by order of the Idaho
Supreme Court. Bar Rule 222 may be obtained from the Idaho State Bar, PO Box 895, Boise, ill
83701. or online at www2.state.id.us/isb/ under the "Rules" icon. Bar Rule 222 is also available
for inspection and copying at the Idaho State Law Library or at the offices of the Idaho Public
Utilities Commission.
020. (RESERVED).
(BREAK IN CONTINUITY OF SECTIONS)
037.COMMISSION STAFF (Rule 37).
The Commission Staff, without intervention, may appear at any hearing and has all rights of
participation as a party to the proceeding. If counsel is desired, aH Deputy aAttorney General for
the Commission represents the Staff. (7 1 93)(
(BREAK IN CONTINUITY OF SECTIONS)
041.INITIAL PLEADING BY PARTY--LISTING OF REPRESENTATIVES (Rule 41).
01. Designation of Representative Required. The initial pleading of each party to a
proceeding (be it an application, petition, complaint, motion, or answer) must name the party
representative(s) for service and state the each representative s~ mailing and electronic (if
available) addressfe.st for purposes of receipt of all official documents. Parties desiring to be
served by electronic mail shall indicate their preference in their initial pleadings. Service of
documents on the named representative(s) by mail or by electronic mail is valid service upon the
party for all purposes in that proceeding. If no person is explicitly named as a party'
representative, the person signing the pleading will be considered the party s representative.
(4 5 00)(
02. Number Of Representatives. No more than two (2) persons may be designated as a
party s representatives for purposes of service or receipt of official documents unless otherwise
authorized by order. The Commission may condition such an order upon reasonable terms
concerning payment of copying costs and mailing costs to additional representatives. (7 -93)
(BREAK IN CONTINUITY OF SECTIONS)
043.REPRESENTATION OF PARTIES AT HEARING PROCEEDINGS (Rule 43).
Recognizing that proceedings before the Commission are sometimes administrative in nature or
quasi-judicial in nature,A~ppearances and representation of parties at hearing HffiSt shall be as
follows:(7 1 93)(
01. Natural Person. A natural person must represent himself or herself or be represented
by a duly authorized employee an attorney, family member or next friend (7 1 93)(
02. Partnership. partnership must be represented by a partner, duly authorized
employee, or an attorney.(7-93)
03. Corporation. corporation must be represented by an officer, duly authorized
employee, or an attorney.(7-93)
04. Other Entity. A municipal corporation, state, federal, tribal, or local government
agency, or entity, incorporated association, or non-profit organization must be represented by an
officer, a duly authorized employee or an attorney.(7-93)
05. 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 222 (Limited
AdmissionlPro Hac Vice). The Commission adopts by incorporation Bar Rule 222 as modified
below.
a. Given the administrative nature of many proceedings, limited admission by out-of-
state attorneys will not be necessary in coni unction with administrative filings such as tariff
schedules, tariff advices, price lists, certificates to provide local exchange service, and
interconnection agreements. Out-of-state attorneys shall request limited admission in quasi-
judicial cases such as formal complaints, motions, petitions, and applications that request
modified procedure or an evidentiary hearing.
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 222(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 Bar Rule 222(i).
044.SERVICE ON REPRESENTATIVES OF PARTIES AND OTHER PERSONS
(Rule 44).
From the time a party files its initial pleading in a proceeding, that party must serve and all other
parties must serve all future documents listed in Rule +~l upon all other parties' representatives
designated pursuant to Rule 41 , unless otherwise directed by order or notice or by the presiding
officer on the record. The Commission may order parties to serve past documents filed in the
case upon those representatives. The Commission may order parties to serve past or future
documents filed in the case upon persons not parties to the proceedings before the Commission.
(7 1 93)(
(BREAK IN CONTINUITY OF SECTIONS)
052.APPLICATIONS--DEFINED--FORM AND CONTENTS (Rule 52).
All pleadings requesting a right, certificate, permit, or authority from the Commission or the
award of intervenor funding are called "applications . Applications must: (4-00)
01. State Facts. Fully state the facts upon which they are based, (7-93)
02. Refer To Provisions. Refer to the particular provisions of statute, rule, order, or
other controlling law upon which they are based, and (7-93)
03. Pray For The Order, l iuthorizatioB, Or Certificate Action Sought. Request the
action desired.(4 5 00)(
04. Public Information.Unless otherwise exempted from disclosure by statute
information in applications is public information not exempt from disclosure under Section 9-
340C(9), Idaho Code.
(BREAK IN CONTINUITY OF SECTIONS)
061. FILING DOCUMENTS WITH THE COMMISSION--NUMBER OF COPIES--
FACSIMILE TRANSMISSION (FAX) (Rule 61).
The following numbers of documents must be filed with the Commission Secretary:
01. Printed Filings. When filing printed material.
(7-93)
(4-00)
a. In utilities cases (other than security issuances those cases specified below
(4 5 00)(
1. Pleadings (applications, petitions, complaints, motions, answers and consent
agreements)--an original and seven (7) copies. (7-93)
ii. Briefs, proposed orders, statements of position, and exceptions under Rule 312--eight
(8) copies.(4-00)
iii. Prepared testimony and exhibits--nine (9) copIes (one (1) copy designated as
reporter s copy) plus computer disk as required by Rule 231.05. (7-93)
iv. Discovery-related documents (notice of deposition, production requests, written
interrogatories, requests for admission, answers to discovery, explanations in lieu of discovery
under Rule 225 and objections to discovery)--three (3) copies except as requested pursuant to
Rule 229.
b. Security issuance cases:
(7-93)
(4-00)
1. Pleadings--an original and four (4) copies.
11. Other documents except for discovery-related documents--five (5) copies.
iii. Discovery-related documents--three (3) copies.
(7-93)
(7-93)
(7-93)
c. Telecommunication interconnection agreements:
1. Pleadings--an original.
ii. All other documents--two (2) colJies.
02. FAX Filings. Pleadings (including supporting affidavits, memoranda, etc.) not
exceeding ten (10) pages in length, notice of taking depositions, notices of withdrawal of party or
of withdrawal of representative, stipulations, and documents requiring urgent or immediate
action by the Commission may be filed with the Commission Secretary by facsimile
transmission (FAX). Whenever any such document is filed by FAX, originals must be delivered
to the Commission by overnight mail on the next working day. The use of FAX is prohibited to
file prepared testimony and exhibits, requests for or answers to discovery (other than notices of
taking deposition), or any other documents except as authorized by this paragraph.(7-93)
03. Reducine the Number or Chaneine the Form of Copies.The Commission
Secretary is authorized to reduce the number of required copies or allow electronic copies to be
filed in lieu of a printed original or copies.
062.FORM OF DOCUMENTS (Rule 62).
01. Information To Be Listed. All documents listed in Rule 61 submitted by a party and
intended to be part of the record must:(7-93)
a. Be submitted on white eight and one-half inch by eleven inch (8 1/2" by 11") paper
copied on one (1) side only;
b. State the case caption, case number and title of the document;
(7-93)
(7-93)
c. Include on the upper left corner of the first page the name(s),~ mailing. ftfld street and
e-mail address(esk and telephone and FAX number(s) of the person(s) filing the document or
the person(s) to whom questions about the document can be directed; and (7 1 93)(
d. Have at least one-inch (l ") left and top margins. (7 -93)
02. Example. These documents complying with this rule will be in the following form:
(7 1 93)(
Name of Representative (State Bar No. if applicable)
Mailing Address of Representative
Street Address of Representative (if different)
Telephone Number of Representative
FAX Number of Representative (if there is one)
E-mail address (if available)
Attorney/Representative (for Name of Party)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSIONS
(Title of Proceeding)
CASE NO. ABC-XX-
TITLE OF DOCUMENT
03. Identification Of Parties. Every document filed under this rule must identify the
party filing it in its title. The party must be identified by both the party s designation as a party
(e., intervenor) and the party's name. For example, the Intervenor ABC Company would title
its motion to strike as "Motion to Strike of Intervenor ABC Company . A short title of the
document must appear at the bottom left corner of each page of the document. For example, the
short title of the motion above could be: "ABC's Motion to Strike." (7-93)
063.SERVICE ON PARTIES AND OTHER PERSONS (Rule 63).
All documents referred to in Rule 61 must be served upon the representatives of every party of
record concurrently with filing with the Commission Secretary. When a document has been filed
with the Commission Secretary by FAX, it must be served upon all other parties with FAX
facilities by FAX and upon the remaining parties by overnight mail, hand delivery, or the next
best available service if these services are not available. The Commission may direct that service
be accomplished by electronic mail.The Commission may direct that some or all of these
documents be served on interested or affected persons who are not parties. The Commission
Secretary s notice of parties (and revisions to it) will list all persons whom the parties must serve
and their representatives as of the date of the notice or its revision.(7 1 93)(
(BREAK IN CONTINUITY OF SECTIONS)
067. INFORMATION EXEMPT FROM PUBLIC REVIEW - DEFINITIONS - FORM -
PROCEDURES (Rule 67).
01. Definitions.(4-00)
a. "Trade secrets filed with the Commission are exempt from public inspection
examination, and copying pursuant to Section 9-340D, Idaho Code. Trade secrets means
information, including a formula, pattern, compilation, program, computer program, device
method, technique, process, or unpublished or in progress research that:(4-00)
i. Derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by other persons who can obtain
economic value from its disclosure or use; and (4-00)
ii. Is the subject of efforts that are reasonable under the circumstances to maintain its
secrecy.(4-00)
b. "Confidential information" means information, documents, or records filed with the
Commission that are specifically exempt from public inspection, examination and copying
pursuant to Sections 9-340A through 9-340F, Idaho Code. (4-00)
02. Form. In addition to the requirements of Rule 62 (except Subsection 062.01.a.
information that is alleged to be trade secrets, confidential or otherwise exempt from public
disclosure shall be served upon the Commission and other parties who have entered into a
protective agreement pursuant to Subsection 067.04 in either printed or electronic format.
(4-00)
a. If in printed form, the page( s) containing the trade secret or confidential information
shall be reproduced on any colored paper other than white. Each page shall be marked as
TRADE SECRETS" or "CONFIDENTIAL"(4-00)
b. If in electronic form, the trade secret or confidential information shall be reproduced
separately on a DOS formatted three and one-half (3.) inch, lone point forty-four (1.44)
megabyte diskette) or other storage format approved by the Commission;and not included with
other material electronically filed. Each diskette or other storage device containing trade secret or
confidential information shall be clearly identified with the case caption, case number, title of
document and marked as "TRADE SECRETS" or "CONFIDENTIAL"(4 5 00)(
03. Procedure. Whenever a party believes that information contained in pleadings or
other documents are trade secrets, confidential or otherwise exempt from public disclosure, the
attorney of such party designated by Rule 41 must state in writing that the information is
protected by law from public inspection, examination or copying, citing the specific grounds and
legal authority for that assertion. Documents containing trade secrets or confidential information
shall be separated from documents not containing trade secrets or confidential information.
Trade secrets or confidential information contained in documents will be removed and replaced
with a page marked: "This page allegedly contains trade secrets or confidential material and is
separately filed." All materials for which no assertion of protection from public inspection
examination and copying is made will be placed in files available for public inspection. Trade
secrets, confidential information and other records exempt from public inspection shall be
separately stored in a secured location with limited access and safeguarded from unauthorized
disclosure.(4-00)
04. Protective Agreements. In proceedings before the Commission involving trade
secrets or other confidential information, parties may enter into protective agreements to
facilitate and safeguard the exchange of necessary information. Protective agreements may
include procedures for copying, exchanging, serving, safeguarding, or challenging the
characterization of trade secrets or confidential information. The Commission shall not be a party
and will not be bound by the terms of a protective agreement.(4-00)
(BREAK IN CONTINUITY OF SECTIONS)
111.FORM AND CONTENTS--NEW UTILITY (Rule 111).
Applicants for the issuance of a certificate of convenience and necessity for a new utility under
Section 61-526, Idaho Code, or Commission order, must submit the data required by this rule
(where relevant) with their applications.
01. Name, Address And Form Of Business.
a. If the applicant is a sole proprietor:
(4-00)
(7-93)
(7-93)
The name, business address, and electronic address (if available) of the applicant; and
ii. The business name (including dba)of the sole proprietorship.
b. If the applicant is a partnership:
(4-00)
(7 1 93)(
(7-93)
i. A list of the names, business addresses, and electronic addresses (if available) of allthe partners; and (4-00)
ii. The business name (including dba)of the partnership. (7 1 93)(
c. If the applicant is a corporation: (7-93)
i. A short statement of the character of public service in which it may engage; (7-93)
ii. The name of the corporation (including dba) and the state in which it is incorporated;
(7 1 93)(
iii. Its principal business address, its principal business address within Idaho, andelectronic address (if available); (4-00)
iv. A certified copy of its articles of incorporation; and (7-93)
v. If not incorporated in Idaho, a certificate of good standing issued by the Secretary of
State of Idaho and the name and address of its agent for service in Idaho (7 1 93)(
02. Written Explanation Why Service Is Proposed. A statement or prepared testimony
and exhibits explaining why the proposed utility service is or will be in the public convenience
and necessity.(7-93)
03. Proposed Operations. A full description of the proposed location, route or routes of
the utility service, including a description of the manner of construction, and the names of all
public utilities, corporations, or persons with whom the proposed new utility is likely to compete.
(7-93)
04. Maps. A map of suitable scale showing the location of the utility service and its
relation to other public utilities in the area that offer or provide similar utility service.(7-93)
05. Financing Of Construction. A statement of the manner in which the applicant
proposes to finance new utility service construction, the time when the applicant proposes to
begin construction and the time when the applicant proposes to begin service.(7-93)
06. Cost Of Service. Estimates of the cost of extending to and the annual cost of serving
the territory for which the certificate is sought, of the number of service connections already
made or to be made, of the annual revenue from them or expected annual revenue from them
and of anticipated rates and charges.
07. Financial Statement. A financial statement of the applicant.
(7-93)
(7-93)
(BREAK IN CONTINUITY OF SECTIONS)
125.PUBLIC WORKSHOPS ON APPLICATIONS TO INCREASE RATES (Rule 125).
01. Public Workshop. When a public utility files an application to increase any rate,
fare, toll, rental or charge regarding any classification or service, the Commission will determine
if the staff should conduct a public workshop. The purpose of any workshop is for the staff to
dispense information concerning the utility s application and to receive written or oral comments
from the public prior to the staff filing testimony or comments in the case. (
02. Notice and Location of Worksho1J. Notice of the public workshop shall be
disseminated a minimum of seven (7) days prior to the workshop to newspapers of general
circulation and radio and television stations in the affected area. The Commission shall
determine the location for the workshop within the area served by the public utility. The notice
shall also be posted on the Commission s website.
03. Exemptions. The requirements of Subsection .01 shall not apply to applications
regarding uniform statewide surcharges under Sections 56-904, 62-610 and 62-610F, Idaho
Code, or to utility tariff advices.
12S~. -- 130.(RESERVED).
(BREAK IN CONTINUITY OF SECTIONS)
RULES 131 THROUGH 140 - TARIFF SCHEDULES OF UTILITIES
INTERCONNECTION AGREEMENTS
(BREAK IN CONTINUITY OF SECTIONS)
132.NUMBER OF TARIFF COPIES FILED (Rule 132).
The Commission encourages F12ublic utilities HffiSt file an original and three (3) copies their
tariff schedules via electronic mail.(7 1 93)(
01. Electronic Tariffs. For electronically filed tariffs, each utility shall submit its tariff
schedules prepared in Adobe Acrobat in portable document format (PDF) as an attachment to an
e-mail message sent to the Commission Secretary at: iiewell~,puc.state.id.us. Electronic tariff
schedules may also be submitted as PDF documents on appropriately formatted three and one-
half (3.5) inch diskette, zip disk, or CD-ROM.
02. Printed Tariffs. To file printed tariffs, each utility shall file an original and two (2)
copies of their tariff schedules with the Commission Secretary (7 1 93)(
03. Approval.The Commission will stamp its approval in the space provided on each
copy of an approved tariff, placing the original in its files and returning one (1) copy to the
public utility. (7 1 93)(
133.TARIFFS SUBMITTED PURSUANT TO ORDER (Rule 133).
01. Order May Require Submission Of Tariffs. When the Commission directs or
authorizes by order that certain tariffs be filed, the order may require the tariff submissions to the
Commission to be accompanied by appropriate explanatory documents, summaries, workpapers
or similar material. When the Commission authorizes a utility to file new tariffs pursuant to order
in a general rate case, the Commission may require the utility to file a complete set of tariffs
containing both pages with changed rates and charges and those without.(7-93)
02. Staff Review Of Tariffs Filed Pursuant To Order. When a utility files tariffs with
the Commission pursuant to an order of the Commission in a proceeding in which other persons
are party, the responsibility for reviewing the tariff submission to determine whether it complies
with the Commission s order is upon the Commission Staff, which shall promptly report to the
Commission whether the tariffs do comply. The review of tariffs filed pursuant to order is an ex
parte, ministerial responsibility of the Commission Staff. Tariffs may be approved by in the
minute~ entry of the Commission s decision meetings or by minute entry after Staff review
without further order. After approval, the utility must promptly serve the tariffs on all parties.
(7 1 93)(
03. Motions With Regard To Tariffs Submitted Pursuant To Order. If the
Commission has approved tariffs, parties or persons contending that approved tariffs are
inconsistent with the Commission s orders may file appropriate motions asking that approval be
reviewed.(7-93)
(BREAK IN CONTINUITY OF SECTIONS)
135.INTERCONNECTION AGREEMENTS (Rule 135).
01. Uncontested Aereements. A utility may file an application for the Commission to
approve voluntarily negotiated, adopted or amended interconnection agreements pursuant to
Section 252 of the federal Telecommunications Act of 1996. The Commission acts on adopted
or negotiated interconnection agreements and uncontested amendments to previously approved
agreements with the assistance of an ex parte recommendation of the Commission Staff.
02. Contested A reements.Petitions to arbitrate, mediate or otherwise resolve
interconnection disputes between or among telecommunication carriers shall be processed under
Rule 53.
13S~. 140. (RESERVED).
(BREAK IN CONTINUITY OF SECTIONS)
161.CASES IN WHICH INTERVENORS MAY APPLY FOR FUNDING (Rule 161).
In any case involving regulated electric, gas, water or telephone utilities with gross Idaho
intrastate annual revenues exceeding eRe three million five hundred thousand dollars
($-l-1,500 000), intervenors may apply for intervenor funding.(7 1 93)(
(BREAK IN CONTINUITY OF SECTIONS)
165.AWARDS (Rule 165).
01. Order Awarding Intervenor Funding. The Commission may by order award
intervenor funding pursuant to Section 61-617 A, Idaho Code. The total award for all intervening
parties combined shall not exceed twenty five forty thousand dollars ($~40 000) in any
proceeding. The Commission must find that: (7 1 93)(
a. The intervenor s presentation materially contributed to the Commission s decision
b. The costs of intervention awarded are reasonable in amount
c. The costs of intervention were a significant hardship for the intervenors
(7-93)
(7-93)
(7-93)
d. The recommendations of the intervenor differed materially from the testimony and
exhibits of the Commission Staff, and (7-93)
e. The intervenor addressed Issues of concern to the general body of users or
consumers.(7-93)
02. Payment Of Awards. Awards of intervenor funding must be paid within twenty-
eight (28) days of the order of the Commission awarding intervenor funding, unless the order of
the Commission is stayed.(7-93)
03. Recovery Of Awards Of Intervenor Funding. Awards of intervenor funding paid
by electric, gas, water or telephone utilities will be an allowable business expense in the pending
rate case or, if the proceeding is not a rate case, in the utility s next rate case. Awards of
intervenor funding shall be chargeable to the class of customers represented by the intervenors.
(7-93)
(BREAK IN CONTINUITY OF SECTIONS)
215.FACTS DISCLOSED CONFERENCE PROCEEDINGS PRIVILEGED (Rule 215).
Facts disclosed, offers made and all other aspects of negotiation (except agreements reached) in
prehearing conferences are privileged and are not part of the record. Except by agreement, facts
disclosed cannot be used against participating parties, before the Commission or elsewhere
unless proved by independent evidence. Offers made and other aspects of negotiations or
settlement other than a final agreement itself are privileged. (7 1 93)(
(BREAK IN CONTINUITY OF SECTIONS)
228. ANSWERS TO PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES
AND TO REQUESTS FOR ADMISSION (Rule 228).
01. When Answers Not Filed. Answers to production requests or written interrogatories
and to requests for admission need not be filed and served in the following circumstances:
(7-93)
a. Voluminous answers may be filed in a depository designated and agreed to by the
parties or designated by the Commission, and an explanation notifying the parties of the
availability of the answers at the depository must be filed and served in their stead. (7 -93)
b. Answers involving data compiled by computer may be transmitted in computer-
readable form (e., by magnetic tape disk or other mutually agreed means) to the party
requesting them and to all other parties requesting them in similar computer-readable forms and
an explanation notifying the parties of their distribution must be filed and served in their stead.
(7 1 93)(
02. Filing Of Answers. Except as provided in Rule 228., answers to production
requests or written interrogatories and to requests for admission must restate in full each question
asked, then state in full the party's response to the question and the persons who will be able to
answer questions about or sponsor the answer at hearing. Answers to production requests or
interrogatories need not be separately answered under oath by each person preparing the party
response to the question or each witness who will be able to answer questions about or sponsor
the answer, but instead can be generally subscribed by the party representative. The
restatement of the question and its accompanying answer must begin on a new page whenever
the preceding answer refers to other documents or whenever the preceding question in the
particular production request or written interrogatory is not answered in full in that document.
(7-93)
(BREAK IN CONTINUITY OF SECTIONS)
286.TRANSCRIPTS (Rule 286).
01. Form Of Transcripts--Cover Sheet. Transcripts must be prepared on white eight
and one-half by eleven inch (8 1/2" x 11 ") paper. 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-
(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)
(7-93)
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 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, the pages upon whichthe 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 the Commission
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 s 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;Accountant, Com; Ratepayer, X
ABC Company 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 prehearing
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 the prehearing conference.(7 1 93)(
06. Number of Copies - Bindine. The reporter shall prepare an original and one (1)
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 asflat as possible.
07. Purchase of Transcript. Any party or other person may request and pay for a copy
of a transcript or portions of the transcript from the reporter.
(3) upon the resignation of the interns supervising attorney;
(4) upon the suspension or termination by the Board
Commissioners of the Idaho State Bar of the supervising
attorney's status as a supervising attorney; or
(5) upon the withdrawal of approval of the intern pursuant to
thisRule.
(t) Termination of Rule for Intern Limited License. The
effectiveness of this Rule for intern limited license shall be
terminated when ordered by the Supreme Court of the State of
Idaho.
(Sections (o)-(t) amended6-15-01-Effective 7-01)
*RULE 222. Limited Admission/Pro Hac Vice
(a) Except as otherwise provided in these Rules, only an active
member of the Idaho State Bar may enter appearances for a
party, sign stipulations or receive payment or enter satisfaction
of judgment, decree, or order.
(b) Any active member in good standing of the bar of the highest
court of any State or any Territory or Insular possession of the
United States, who has been retained to appear in the courts of
this state, who is not a member of the Idaho State Bar or a
resident of the State of Idaho, and who currently _tains an
ongoing law practice with offices located In another
jurisdiction, may be permitted, after motion to the affected
court and without previous notice, to appear and participate in
particular case, subject to any limitations imposed by any
jurisdiction of which the applicant is a member of the bar, and
subject to the limitations set forth below.
(Sections (a), (b) amended 88)
(c) An applicant for limited admission shall designate, in his or
her motion to so appear, an active member of the Idaho State
Bar with whom the court and opposing counsel may readily
communicate regarding the conduct of the case. He or she
shaH also include with such motion the address, telephone
number and written consent of such designee and shall include
reference to the Bar of which he/she is a member.
(Section (c) amended 88; and amended 5-28-02 effective
02)
(d) Since permission to appear is limited, no certificate of
admission shaH be issued by the court.
(e) The lawyer designated as local counsel shall personally appear
with the limited admittee on all matters tried and heard before
the court, unless the trial judge specificaHy excuses local
counsel from attendance.
(1) By his or her applicatiol1,_lIl1attorney who applies for limited
admission consents to the exercise of disciplinary jurisdiction
by the court and the Idaho State Bar over any alleged
misconduct which occurs during the progress of the case in
which the attorney so admitted participates.
(g) Any attorney seeking or granted limited admission shall state
upon any court filing on which the attorneys name appears
his or her current office address in the jurisdiction where the
attorney is an active member.
(h) "Active member" means any person who is not a judge and
. who is licensed to practice law before the highest court of any
State, or any Territory or Insular possession or the United
States, and who is engaged in the active practice of law in that
jurisdiction.
(Sections (g) (h) added 88)
(i) The Idaho State Bar shall maintain a record of all limited
admission applications as a public record, and shall promptly
provide such record, upon request, to any judge seeking to
know whether the applicant has previously sought limited
admission.
(j) Each application for limited admission shall be by Written
motion. The original shall be. filed with the trial court, with
copies to be served on all parties to the action. A copy of the
motion shall be submitted to the Idaho State Bar, accompanied
by a $200 fee in each case. Local counsel shall be jointly
responsible for payment of the fee.
(k) This rule does not quantify the number of limited admissions
that may be granted to an individual, except for any lawyer
applying by virtue of active membership in a jurisdiction that
limits the number of limited admissions of Idaho lawyers. For
those lawyers, there shall be a reciprocal limitation on the
number of admissions.
(1) The application shall be in substantially the following form:
Local Counsel
Office Address
Business Phone
Bar Number
Applying Counsel
Out of State Office Address
Business Phone
IN ' THE
IDAHO
COURT OF THE STATE OF
Case Caption Case #
Motion for Limited Admission
The undersigned local counsel petitions the court for
admission of the undersigned applying counsel pursuant
to Idaho Bar Commission Rule 222, for the purpose of
the above-captioned matter.
Applying counsel certifies that he/she is an active
member in good standing, of the bar of
that he/she maintains the regular
practice of law at the above-noted address, and that
he/she is not a resident of the State of Idaho or licensed
to practice in Idaho. Applying counsel certifies that
he/she has previously been admitted under mCR 222 in
the foHowing matters:
(If applying counsel has been denied admission under
this rule in this or any jurisdiction, a separate affidavit
explaining the circumstances of such denial shall
accompany this motion).
Both undersigned counsel certify that a copy of this
motion has been served on all other parties to this matter
and that a copy of the motion, accompanied by a $200
fee, has been provided to the Idaho State Bar.
Local counsel certifies that the above information is true
to the best of hislher knowledge, after reasonable
investigation. Local counsel acknowledges that hislher
attendance shaH be required at all court proceedings in
which applying counsel appears, unless specifically
excused by the trial judge.
DATED this day of
/s!/s/
Applying Counsel Local Counsel
(Rule 222 amended and Sections (i)-(l) added 3-31-00 Effective
10-00)
232