20051108Legislative Services Office memo.pdf

Carl F. Bianchi
Director
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MEMORANDUM
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- P.O. Box 83720
Boise, ID 83720-0054
208/334-2475; Fax [phone]
www.legislature.idaho.gov
November 3 2005
Germane Subcommittees for Administrative Rules Review
Senate and House State Affairs Subcommittees
Research and Legislation Staff, Nugent
Proposed Temporary Rules Amending Pending Rules of the Public Utilities
Commission Regarding Stray Voltage 31-6101-0501
In 2005, the Legislature enacted House Bill No. 214 which established, for public utilities
regulated by the Idaho Public Utilities Commission, a preventative action level for stray current
or voltage which may affect dairy cows and required the Idaho 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. Compliance with the standardized protocol regarding measurement
investigation and remediation adopted by the Idaho Public Utilities Commission shall constitute
the providing of adequate service by a public utility regulated by the Commission.
The Commission earlier had promulgated proposed rules to implement HB214aa, and is now
bringing forth temporary rules to modify those rules. The rulemaking has been negotiated
rulemaking and the Idaho Power Company, the Idaho Dairymen s Association and the Milk
Producers of Idaho have supported the changes to the pending rule.
The one technical comment we would make is that the change to the pending rules by the
temporary rule would place these rules in the temporary rule category when reviewed by the 2006
Legislature. The Commission needs to be aware that this would necessitate the adoption of a
. concurrent resolution formally approving the rules in this submission for this rule change to
remain in effect.
Mike Nugent, Supervisor
Research & Legislation
mnugent(g? lso.idaho. gOY
Jeff Youtz, Supervisor
Budget & Policy Analysis
jyoutz(g? lso.idaho. gOY
Ray Ineck, Supervisor
Legislative Audits
rineck(g? lso.idaho. gOY
Glenn Harris, Supervisor
Information Technology
gharris(g? lso,idaho.gov
Servinq I:Iaho IJ Citizen LeqilJtafure,
Dear Senators BURTENSHA W, McKenzie, Stennett, and
Representatives DEAL, Smylie, Shepherd (2):
The Office of the Legislative Services, Research and Legislation, has received the
enclosed rules of the Public Utilities Commission, IDAP A 31.61.01.
Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by
the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice
to Research and Legislation no later than fourteen (14) days after receipt ofthe rules' analysis
from Legislative Services. The final date to call a meeting on the enclosed rules is no later than
11/24/2005. If a meeting is called, the subcommittee must hold the meeting within forty-two
(42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a
meeting on the enclosed rules is 12/24/2005.
The germane joint subcommittee may request a statement of economic impact with
respect to a proposed rule by notifying Research and Legislation. There is no time limit on
requesting this statement, and it may be requested whether or not a meeting on the proposed rule
is called or after a meeting has been held.
To notify Research and Legislation, call 334-2475, or send a written request to the
address or FAX number indicated on the memorandum enclosed.