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Home My WebLink About20200204_sg1.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSIONER ANDERSON COMMISSION SECRETARY COMMISSION STAFF FROM:STEPHEN GOODSON,POLICY ADVISOR DATE:JANUARY 31,2020 SUBJECT:NOTICE OF OMNIBUS RULEMAKING -ADOPTION OF TEMPORARY RULE:DOCKET NO.31-0000-2000 BACKGROUND On January 31,2020 the Governor's Office Division of Financial Management (DFM) sent out a memo to all state agencies requesting that they adopt a temporary rulemaking docket. In order to ensure the continuity of administrative rules followingthe adjournment of the 2020 Legislative session,the memo outlined the process that agencies need to complete prior to February 21,2020.While each agency must take these steps now,these temporary rules are conditional and will only become effective at sine die if the pending rules are not otherwise approved or rejected by the Legislature and/or not extended pursuant to the Idaho Administrative Procedure Act,including sections 67-5291 and 67-5292,Idaho Code. The effective date of the temporary rules being adopted through this omnibus rulemaking is upon the adjournment date of the second regular session of the 656 Idaho State Legislature (sine die). STAFF RECOMMENDATION Staff recommends that the Commission adopt this temporary rulemaking docket and submit it to DFM. COMMISSION DECISION Does the Commission wish to approve Staff s recommendations? tenben doodron,Polic/Advisor DECISION MEMORANDUM l IDAPA 31 -IDAHO PUBLIC UTILITIES COMMISSION DOCKET NO.31-0000-2000 NOTICE OF OMNIBUS RULEMAKING -ADOPTION OF TEMPORARY RULE EFFECTIVE DATE:The effective date of the temporary rule(s)being adopted through this omnibus rulemaking is upon the adjournment date of the second regular session of the 65*Idaho State Legislature (sine die). AUTHORITY:In compliance with Section 67-5224,Idaho Code,notice is hereby given that this agency has adopted a pending rule.These rules are adopted under the general legal authority of the Public Utilities Law,Chapters 1 through 7,Title 61,Idaho Code.Chapters 8 through 10,13, 15 through 17,Title 61,Idaho Code;Chapters 3 and 4,Title 62,Idaho Code;the Telecommunications Act of 1988,as amended,Chapter 6,Title 62;Chapters 12 and 13,Title 62, Idaho Code;and the Public Records Act,Chapter 1,Title 74,Idaho Code;and the particular authority of Sections 56-904,61-110,61-111,61-129,61-301 through 61-309,61-315,61-501 through61-505,61-508,61-510,61-512,61-515 through 61-517,61-520,61-523,61-524,61-538, 61-541,61-601 through 61-607,61-610 through 61-619,61-621 through 61-626,61-803 through 61-806,61-902 through 61-905,61-909,61-1003 through 61-1005,61-1007,61-1305,61-1306, 61-1603 through 61-1607,61-1703 through 61-1709,62-301 through 62-308,62-424,62-602 through 62-6l6A,62-619,62-622,62-622A,62-1201 through 62-1207,62-1303,62-1304,63- 3029I,67-6528,and 74-107(l3),Idaho Code,Idaho Code. DESCRIPTIVE SUMMARY:The followingis the required finding and concise statement of its supporting reasons for adopting a temporary rule: This temporary rule adopts the followingchapter(s)under IDAPA 31: •31.71.01 -(RailroadSafety Rules) •31.01.01 -(Rules of Procedure) •31.11.01 -(Safety and Accident Reporting Rules) •31.12.01 -(Systems of Accounts for Public Utilities) •31.21.01 -(Utility Customer Relations Rules) •31.81.01 -(Energy Consumption Rules) •31.26.01 -(Master-Metering Rules for Electric Utilities) •31.61.01 -(Stray Voltage Rules) •31.31.01 -(Gas Service Rules) •31.41.01 -(Telephone Customer Relations Rules) •31.46.01 -(Universal Service Fund Rules) •31.46.02 -(Telecommunications Relay Services Rules) •31.36.01 -(Policies and Presumptions for Small Water Companies) TEMPORARY RULE JUSTIFICATION:Pursuant to Section(s)67-5226(1),Idaho Code,the Governor has found that temporary adoption of the rule is appropriate for the followingreasons: These temporary rules are necessary to protect the public health,safety,and welfare of the citizens of Idaho and confer a benefit on its citizens.These temporary rules implement the duly enacted laws of the state of Idaho,provide citizens with the detailed rules and standards for complying with those laws,and assist in the orderly execution and enforcement of those laws.The expiration of these rules without due consideration and processes would undermine the public health,safety and welfare of the citizens of Idaho and deprive them of the benefit intended by these rules. FEE SUMMARY:This rulemaking does not impose a fee or charge. ASSISTANCE ON TECHNICAL QUESTIONS:For assistance on technical questions concerning the temporary rule,contact Stephen Goodson at (208)334-0323. DATED this Diane Holt,Commission Secretmy Idaho Public Utilities Commission 11331 W.Chinden Blvd,Bldg 8,Ste 201-A Boise,ID 83714 P.O.Box 83720 (208)334-0323 Office (208)334.4045 Fax Page 2 BRAD LITTLE Governor State ofIdaho Auxa Aoms Executive Office of the Governor January 31,2020 MEMORANDUM TO:Executive Branch Agency/Department HeadsFRORulesReviewOllicers SUBJECT:Preparing Administrative Rules for Post-Sine Die In order to ensure the continuity of administrative rules following the adjournmentof the 2020 Legislative session,this memo outlines the process that agencies will need to complete prior to February 21n.While each agency must take these steps now,these temporary rules are conditional and will only become effective at sine die if the pending rules are not otherwise approvedor rejected by the Legislature and/or not extended pursuant to the Idaho Administrative Procedure Act,including sections 67-5291 and 67-5292,Idaho Code. 1.Agencies must submit a completed Notice of Adoption of Temporary Rule form to DFM by February 21. •A template Notice is enclosed for both fee and non-fee rules. •Rules should be adopted as submitted to the 2020 Legislature with the following conditions: a.If your agency had an omnibus docket and separate rulemaking actions,they will be combined by DFM into a single omnibus docket. •No ARRF will be required. •Please submit completed Notices to Adam Latham (Adam.Lathamradfm.idaho.gov) 2.If rulemaking authority is vested in a board or commission -not agency staff-the board or commission must convene to properly authorize the Notice.This is required by law.Please work closely with your attorney to ensure the Notice is properly authorized. •The meeting must be scheduled in a timeframe to submit a completed Notice to DFM prior to the February 21 deadline. •The motion should be made as follows: "Pursuant to Section 67-5226,Idaho Code,the Governor has found that temporary adoption of this rule is appropriateto protect the public health,safety,and welfare of the citizens of Idaho and confer a benefit on its citizens. These rules implement the duly enacted laws of the state of Idaho,provide citizens with the detailed rules and standards for complying with those laws,and assist in the orderly execution and enforcement of those laws. The expiration of these rules without due consideration and processes would undermine the public health,safety and welfare of the citizens of Idaho and deprive them of the benefit intended by these rules. (Include ifa fee rule)The Governor has also found that the fee(s)or charge(s)being imposed or increased is/are justified and necessary to avoid immediate danger to the agency/department/board/commission's budget,to the state budget,to necessary state functions and services,and to avoid immediate danger of a potential violation of ldaho's constitutional requirementthat it balance its budget. 304 N.8th Street,Ste 325 •PO Box 83720 •Boise,Idaho 83720-0032 phone (208)334-3900 •fax (208)334-2438 =http://dím.idaho.gov/ Therefore,we are adopting this temporary rule to be effective upon sine die of the 2020 session of the Idaho Legislature.The approvalis conditional and will only become effective if the rules are not otherwise approvedor rejected by the Legislature and/or not extended pursuant to the Idaho Administrative Procedure Act,including sections 67-5291 and 67-5292,idaho Code." 3.DFM will publish those notices of temporary rulemaking at or shortly after sine die with the rules having an effective date as of sine die. 4.For these temporary rules only,agencies do not have to accept written comments pursuant to 67-5222(a)as its requirementand deadline applies to "publication of the notice of proposed rulemaking in the bulletin" (emphasis added).Of course,these are the same rules that each agency accepted public comments on and held over 150 public hearings on during the summer and fall of 2019. 5.Each agency must keep all records of this rulemaking process for at least two (2)years pursuant to Idaho Code §67-5225.Please ensure the record is thorough and complete.