20031027_661.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:OCTOBER 24, 2003
RE:THE PROPOSED AMENDMENTS TO THE COMMISSION'S RULES OF
PROCEDURE, IDAPA DOCKET NO. 31-0101-0301 (IPUC CASE NO. RUL-
03-
On October 1 , 2003, the Commission caused to be published in the Administrative
Bulletin a Notice that it proposes to amend its Rules of Procedure, IDAP A 31.01.01.000 et seq.
The Commission proposed several amendments to its procedural rules. First, the Commission
proposed to add a new Rule 125 regarding public workshops when a utility files an application to
increase any rate. Second, the Commission proposed to amend its Rule 43 to incorporate Idaho
Bar Commission Rule 222 regarding the procedures for limited admission of out-of-state
attorneys representing parties before the Commission in quasi-judicial proceedings. Third, the
Commission proposed new procedures to encourage utilities to file their tariff schedules
electronically. Finally, the Commission proposed several other amendments to its Rules to
improve readability, eliminate ambiguities, correct citations and cross-references, and make
other housekeeping changes. The proposed rules are attached.
The Commission s Notice invited interested persons to submit written comments no
later than October 22, 2003. Two public comments were received. These two comments are
discussed below. In addition to these public comments, the Legislative Services Office indicated
that the Senate and House Subcommittees for review of Administrative Rules did examine the
proposed changes. Legislative Services stated that no "meeting will be held, and we are pleased
to report that no objections will be filed" to the proposed rulemaking. Arranged for your review
below are the proposed rules and the two comments relating to the rules.
DECISION MEMORANDUM
THE COMMENTS
The Commission received comments from Idaho Power and Qwest. Idaho Power
comments were directed solely to proposed Rule 125 (Public Workshops). For its part, Qwest
supported the proposed changes that related to electronic filing (Rules 16, 61 , 63, 132) and
changes related to the processing of Interconnection Agreements (Rule 61). Qwest also
commented on proposed Rules 43 (Attorney Representation) and 125.
Rule 43 - Attorney Representation
The Commission proposed amending its Rule 43 concerning the representation of
parties at Commission hearings. In the amendments to Rule 43 (set out below), the Commission
proposed to modify and adopt Bar Rule 222 promulgated by the Idaho State Bar and approved by
the Idaho Supreme Court. This Rule would require an out-of-state attorney desiring to appear
before the Commission in a representative capacity in major or "quasi-judicial" proceeding to
file a written motion with the Commission Secretary and serve a copy on all parties. Examples
of quasi-judicial proceedings would include formal complaints, petitions, motions, and
applications for Modified Procedure or cases involving evidentiary hearings. Administrative
proceedings where no admission would be necessary include the filing of tariff advices, tariff
schedules, price lists, interconnection agreements, and certificates to provide local telephone
service. Bar Rule 222(j) requires that a copy of the Pro Hac Vice motion be filed with the Idaho
State Bar with the Bar filing fee. Rule 222(j) establishes a filing fee of $200 payable to the Idaho
State Bar. The proposed Rule is set out below.
043.REPRESENTATION PARTIES HEARINC
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 ftHlSt 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)
DECISION MEMORANDUM
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. Attornev 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 AdmissionIPro 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).
Qwest submitted the only comment to Rule 43. Qwest fully supported the
Commission s efforts to make the Bar Rule compatible with the kinds of proceedings before the
Commission. Instead of filing Pro Hac Vice motions for every major case (i., major quasi-
judicial cases vs. minor administrative activities), Qwest suggests that out-of-state attorneys
representing parties before the Commission file the Pro Hac Vice motion and pay the Bar fee on
an annual basis. Qwest Comments at 2. Qwest asserts that this approach would be consistent
DECISION MEMORANDUM
with the spirit and intent of the Bar Rule. Such an approach would remove the uncertainty
between identifying major vs. minor cases, as well as instances of minor cases turning into major
cases.
Rule 125 Public Workshops
The Commission proposed adding a new Rule 125 regarding the scheduling of public
workshops when a public utility files an application to increase any rate. The purpose of the
public 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 proposed Rule is set out below.
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 Workshop. 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 125.01 shall not apply to
applications regarding uniform statewide surcharges under Sections 56-904,
62-610 and 62-61 OF, Idaho Code, or to utility tariff advices.
Idaho Power and Qwest both submitted comment addressing this Rule. Idaho Power
stated that to the extent the "workshop is not an evidentiary process and is only intended to
convey and receive information, Idaho Power supports the proposed workshop format.
DECISION MEMORANDUM
However, should comments received from the public at the workshops become either evidence
or part of the record in a rate increase case, the Company objects to the use of the public
workshops since the Company would not be afforded due process in the (workshop
proceeding.Idaho Power Comments. The Company requested that it be notified of all
proposed public workshops so that it may "attend the workshop, and if necessary, . . . participate
in it." Id. The Company reiterated that if the workshops are only intended to dispense and
receive information, then Idaho Power does not object to Rule 125 as proposed.
Qwest also expressed two primary concerns about Rule 125. First, Qwest was
concerned that the language of the proposed Rule suggests that the utility may not be given an
opportunity to present its position to the public at the workshop. The Company believed that it
should be accorded the opportunity to dispense information if it so chooses. The Company
asserted that members of the public could benefit from hearing "all sides of the issue before
voicing their own comments" to the Staff. Qwest Comments at
Qwest also expressed concern whether testimony offered by members of the public at
the workshop will be transcribed. Although Qwest is aware that the public workshops are
different from testimony presented at a public hearing, it questioned how the Commission could
resolve factual dispute or inaccuracy "or how the utility could ever challenge what it considers
an inaccurate or unfair characterization of public comment." Id.
For these reasons, Qwest recommends that the Commission modify its proposed Rule
125 to be made more consistent with the Commission s practices and procedures used for the
receipt of public testimony. More specifically, the Company suggests that public workshops:
(1) include presentations by the utility and intervenors, in addition to the Staff; (2) the testimony
be transcribed; (3) parties have the right to cross-examine witnesses; and (4) that the
Commissioners be present at the workshops. !d. at 3.
In addition to its due process concerns, the Company questioned whether customers
might confuse the workshop with public hearings. Not only does the use of workshops lead to
possible confusion on behalf of customers but it increases the travel time and expenses of both
the Commission and the utility.
COMMISSION DECISION
After reviewing the comments above, does the Commission wish to make any
changes to its proposed rules?
DECISION MEMORANDUM
Does the Commission wish to adopt the proposed rules (as modified if necessary) as
pending rules?
Does the Commission wish to issue a Notice of Pending Rule to be published in the
Administrative Bulletin on January 7, 2004?
Don Howell
Vld/N:31-0101-0301- DecMemo dh2
DECISION MEMORANDUM
PUBLIC UTILITIES COMMISSION
Rules of Procedure
Docket No. 31-0101-0301
Proposed Rulemaking
Jean D. Jewell, Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, ID 83702-5983
THE FOLLOWING IS THE TEXT OF DOCKET NO. 31-0101-0301
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 p., except Saturday,
Sunday and legal holidays. The Commission s telephone number is [phone]. The CammissitJIl text tclcp!u:J/!e
(TD-D) numbcr/-ar the hearing or speech impaired is [phone] may reach the Commission through the Idaho
Telecommunications Relay Service by dialing 711 (4 5 OO)L-.l
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 allproceedings must be filed with the Commission at one (1) of these addresses. (4-00)
02. Electronic Address. The Commission 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 bythe 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 ilt the request 8/ pCT SrJl1S ffl be ser.;cd
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. (4 5 OO)L-.l
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 by 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 theIdaho Rules of Civil Procedure. (4-00)
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PUBLIC UTILITIES COMMISSION
Rules of Procedure
Docket No. 31-0101-0301
Proposed Rulemaking
(BREAK IN CONTINUITY OF SECTIONS)
019. INCORPORATED BY REFERENCE -- IDAHO BAR COMMISSION RULE (Rule 19),
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. ID 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.L-.l
M9--.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, an Deputy aAttorney General for the Commission represents the Staff.
(7 1. 93)L-.l
(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 s representative(s) for service and state
the each representative s~ mailing and electronic (if available) addressfesf for purposes of receipt of all official
documents. Parties desiring to be scr',ed l7)' elect, '8nie mila shill! indieatc their prefaencc in theiT initial plelldings.
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 s representative, the person signing the
pleading will be considered the party's representative. (4 5 OO)L-.l
02. Number Of Representatives. No more than two (2) persons may be designated as a party'
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 mailingcosts to additional representatives. (7-93)
(BREAK IN CONTINUITY OF SECTIONS)
043. REPRESENTATION OF PARTIES AT ::EARLVC PROCEEDINGS (Rule 43).
Recognizing that proceedings before the Commission are sometimes administrative in nature or quasi-judicial in
nature.A.f!ppearances and representation of parties at hearing shall be as follows: (7 1 93)L-.l
01. Natural Person. A natural person must represent himself or herself or be represented by a duly
authorized employee an attorney;famay. mcmbcr or ncxtfriend (7 1 93)L-.l
02.
attorney.
Partnership. A partnership must be represented by a partner, duly authorized employee, or an
(7-93)
03.Corporation. A corporation must be represented by an officer, duly authorized employee, or an
IDAHO ADMINISTRATIVE BULLETIN Page 470 October 1, 2003 - Vol. 03-
PUBLIC UTILITIES COMMISSION
Rules of Procedure
Docket No. 31-0101-0301
Proposed Rulemaking
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 oran attorney. (7-93)
05. Attorney Re9resentation. 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 incOl:poration Bar Rule 222 as modified below.L-.l
.!!:.
Given the administrative nature of many proceedings. limited admission by out-of-state attorneys
will not be necessary in conjunction 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.L-.l
.!l. 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.L-.l
A copy of the written motion shall be submitted to the Idaho State Bar accompanied by the fee
prescribed by Bar Rule 222(i).L-.l
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 +21 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)L-.l
(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 01 fleT; ANth81 itati811, Or Cel1ifieate Action Sought. Request the action desired.L-.l
.!l:!.. 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. (4 5 OO)L-.l
(BREAK IN CONTINUITY OF SECTIONS)
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PUBLIC UTILITIES COMMISSION
Rules of Procedure
Docket No. 31-0101-0301
Proposed Rulemaking
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)
(4 5 OO)L-.lIn utilities cases (other than seeurity iS5/;/IlIlCCS those cases specified belowi. Pleadings (applications, petitions, complaints, motions, answers and consent agreements)--anoriginal and seven (7) copies. (7-93)
11.Briefs, proposed orders, statements of position, and exceptions under Rule 3l2--eight (8) copies.
(4-00)
iii. Prepared testimony and exhibits--nine (9) copies (one (1) copy designated as reporter s copy) pluscomputer 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. (7-93)
11.
111.
Security issuance cases:(4-00)
(7-93)
(7-93)
(7-93)
Pleadings--an original and four (4) copies.
Other documents except for discovery-related documents--five (5) copies.
Discovery-related documents--three (3) copies.
Telecommunication interconnection agreements:L-.l
L-.l
L-.l
Pleadings--an original.
All other documents--two (2) copies.
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)
.!!l. Reducin~ The Number Or Chan~in~ 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.L-.l
062.FORM OF DOCUMENTS (Rule 62).
01. Information To Be Listed. All documents listed in Rule 61 submitted by a party and intended tobe part of the record must: (7-93)
(1) side only;
Be submitted on white eight and one-half inch by eleven inch (8 1/2" by 11") paper copied on one
(7 -93)
State the case caption, case number and title of the document; (7-93)
Page 472 October 1, 2003 - Vol. 03-IDAHO ADMINISTRATIVE BULLETIN
PUBLIC UTILITIES COMMISSION
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Proposed Rulemaking
Include on the upper left corner of the first page~L-.l
L-.l
L-.l
tIhe name(s)-,;
11.ailing. ttnti street and e-mail addressees);; and
iii.tIelephone 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 !. 93)L-.l
02.
Have at least one-inch (I") left and top margins.
Example. These documents complying with this rule will be in the following form:
(7-93)
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
(7 !. 93)L-.l
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 !. 93)L-.l
(BREAK IN CONTINUITY OF SECTIONS)
067. INFORMATION EXEMPT FROM PUBLIC REVIEW - DEFINITIONS - FORM - PROCEDURES
(Rule 67).
01.Definitions.(4-00)
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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 researchthat: (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 disclosureor use; and (4-00)
11.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 eitherprinted 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, (one 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 OQ)L-.l03. 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 shallnot 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.
(4-00)
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PUBLIC UTILITIES COMMISSION
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01.
11.
and
11.
11.
111.
available);
Name, Address And Form Of Business.(7-93)
(7-93)
(4-00)
If the applicant is a sole proprietor:
The name, business address, and electronic address (if available) of the applicant; and
The business name (including "doing business as" (dba))of the sole proprietorship. (7 1 93)L-.l
Ifthe applicant is a partnership:(7-93)
A list of the names, business addresses, and electronic addresses (if available) of all the partners;
(4-00)
The business name (including dba)of the partnership.(7 1 93)L-.l
(7-93)
(7-93)
If the applicant is a corporation:
A short statement of the character of public service in which it may engage;
The name of the cor:poration (including dba) and the state in which it is incorporated;
(7 1 93)L-.l
IV.
Its principal business address, its principal business address within Idaho, and electronic address (if
(4-00)
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)L-.l
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, orpersons 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 otherpublic 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 theapplicant 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. (7-93)
07. Financial Statement. A financial statement ofthe applicant. (7-93)
125.
(BREAK IN CONTINUITY OF SECTIONS)
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
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charge regarding any classification or service. the Commission will determine if the staff should conduct a public
workshop. The pur:pose 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.L-.l
02. Notice And Location Of Workshop. 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.L-.l
03. Exemntions. The requirements of Subsection 125.01 shall not apply to applications regarding
uniform statewide surcharges under Sections 56-904. 62-610 and 62-61 OF. Idaho Code. or to utility tariff advices.L-.l
IH.6.. -- 130.(RESERVED).
RULES 131 THROUGH 140 - TARIFF SCHEDULES (AT;' UT1:L:T1:E8
-- INTERCONNECTION AGREEMENTS
(BREAK IN CONTINUITY OF SECTIONS)
132. NUMBER OF TARIFF COPIES FILED (Rule 132).
The Commission encourages :P12ublic utilities tnttSt 19. file Ill! arigil!!JIIlTld three (3) ci7pies their tariff schedules via
electronic mail.L-.l
!I.!. 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: secretary~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.L-.l
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 L-.l
03. AnDroval.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)L-.l
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 minutes 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 ! 93)L-.l
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 ordersmay file appropriate motions asking that approval be reviewed. (7-93)
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135.INTERCONNECTION AGREEMENTS (Rule 135),
Q1. Uncontested A~reements. 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.L-.l
02. Contested Al:reements. Petitions to arbitrate. mediate or otherwise resolve interconnection
disputes between or among telecommunication carriers shall be processed under Rule 53.L-.l
135,2. -- 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 tme three million five hundred thousand dollars ($-1-1,500 000), intervenors may apply for intervenor
funding. (7 1 93)L-.l
(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
twent,. ji:ie .fm:!x thousand dollars ($~40 000) in any proceeding. The Commission must find that: (7 1 93)L-.l
The costs of intervention awarded are reasonable in amount
(7-93)
(7 -93)
(7-93)
The intervenor s presentation materially contributed to the Commission s decision
The costs of intervention were a significant hardship for the intervenorsd. 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 customersrepresented by the intervenors. (7-93)
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215. FACTS !NSCU)SEFJ 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)L-.l
(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 Hlagnetie 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)L-.l
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'
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 s 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's 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 fullin 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-XX)
(COMMISSIONER Able Baker, Presiding)
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(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, thepages upon which the 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 theCommission 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
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;
ABC Company
Accountant, Com; Ratepayer, X
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)L-.l
06. Number Of Copies - Binding. 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 as flat as possible.L-.l
.!!1. 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.L-.l
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