20050805Legislative Services Office memo.pdf

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State Capitol
O. Box 83720
Boise, ID 83720-0054
208/334-2475; Fax [phone]
www2.state.id.us/legislat
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Carl F. Bianchi
Director
MEM ORAND
TO:
FROM:
DATE:
Germane Subcommittees for Administrative Rules Review of the Senate and
House of Representatives State Affairs Committees
Research and Legislation Staff, Nugent
)YJ
August 4, 2005
SUBJECT: Temporary and Proposed Rules of the Public Utilities Commission Relating to Stray
Voltage
In 2005, the Legislature enacted House Bill No. 214, as amended, which established, for public
utilities regulated by the Public Utilities Commission, a preventative action level for stray current
or voltage which may affect dairy cows and required the Public Utilities Commission to develop
and adopt a standardized protocol which includes the preventative action level for use by all
persons and entities to measure, investigate and, if necessary, remediate stray current or voltage
on dairy farms. Under the bill, compliance with the standardized protocol regarding
measurement, investigation and remediation adopted by the Public Utilities Commission would
constitute the providing of adequate service by a public utility regulated by the Commission.
Under the bill, any party aggrieved by a determination of the Public Utilities Commission may
pursue a civil action in which Commission findings will be admissible and presumed valid. Civil
actions against regulated utilities for damages due to stray current or voltage are limited
to negligence and negligence per se actions where the ordinary care under existing circumstances
standard applies. HB 214aa, limits the time within which actions for damages must be filed, the
time frame over which damages may accrue, and further requires timely notice of claims of
damages to the regulated utility.
The temporary and proposed rules of the Public Utilities Commission are implementing the
provisions of HB 214aa. The temporary and proposed rules standardize the measurement and
testing procedures used to measure stray voltage and current. The rules provide for six (6) tests
to detect and measure stray voltage and prescribe qualifications for those conducting and
Mike Nugent, Supervisor
Research & Legislation
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Jeff Youtz, Supervisor
Budget & Policy Analysis
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Ray Ineck, Supervisor
Legislative Audits
rineck(?Ylso. state.id. us
Glenn Harris, Supervisor
Network Administration
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analyzing the tests. The proposed rules include forms for investigators to use when gathering
voltage and current data at a dairy. The rules provide that only tests and measurements made in
compliance with the Commission s rules on the subject would be admissible before the
Commission or in any civil action.
There are several technical comments. In its "Notice of Rulemaking" there are a several
typographical errors. In the fifth paragraph "Stray" is spelled "Stay" and in the sixth paragraph it
states that "Pursuant to Section 61-308, Idaho Code, only tests and measurements made in
compliance with these rules shall be admissible before the Commission or in any civil action.
The Section 61-308 reference is incorrect. The stray voltage act is contained in Chapter 8, Title
, Idaho Code. It appears the temporary and proposed rules have been promulgated within the
scope of statutory authority granted to the Public Utilities Commission.
cc: Idaho Public Utilities Commission