HomeMy WebLinkAboutRules of Procedure_2014.pdfIPUC RULES OF PROCEDURE IDAPA 31.01.01
-i- Revised: 4/1/14
IDAHO PUBLIC UTILITIES COMMISSION
IDAPA 31.01.01
RULES OF PROCEDURE
TABLE OF CONTENTS
SUBCHAPTER A – GENERAL PROVISIONS ........................................................................ 1
RULES 0 THROUGH 20 ............................................................................................................. 1
000. LEGAL AUTHORITY (RULE 0). ................................................................................... 1
001. TITLE AND SCOPE (RULE 1). ....................................................................................... 1
002. WRITTEN INTERPRETATIONS -- AGENCY GUIDELINES (RULE 2). .................... 1
003. ADMINISTRATIVE APPEALS (RULE 3). .................................................................... 1
004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4). ................................................... 2
005. DEFINITIONS (RULE 5). ................................................................................................ 2
006. CITATION (RULE 6). ...................................................................................................... 2
007. EFFECTIVE DATE – HISTORY OF RULES (RULE 7). ................................................ 2
008. CAPTIONS OF RULES – ADOPTION OF RULES (RULE 8). ...................................... 2
009. (RESERVED). ................................................................................................................ 2
010. THESE RULES SUPERSEDE THE ATTORNEY GENERAL’S RULES OF
PROCEDURE (RULE 10). .............................................................................................. 3
011. PROCEEDINGS GOVERNED (RULE 11). .................................................................... 3
012. OFFICE – OFFICE HOURS – FAX NUMBER – MAILING, ELECTRONIC AND
STREET ADDRESS – DROP BOX (RULE 12). ............................................................. 3
01. Fax Number, Mailing and Street Addresses .............................................................. 3
02. Internet Homepage ..................................................................................................... 3
03. Electronic Address ..................................................................................................... 3
013. LIBERAL CONSTRUCTION (RULE 13). ...................................................................... 3
014. COMMISSION SECRETARY – COMMUNICATIONS WITH COMMISSION –
TIMELY FILING (RULE 14). ......................................................................................... 4
01. The Commission Secretary ........................................................................................ 4
02. Timely Filing ............................................................................................................. 4
03. Case Information ........................................................................................................ 4
015. IDENTIFICATION OF COMMUNICATIONS (RULE 15). ........................................... 4
016. SERVICE BY COMMISSION (RULE 16). ..................................................................... 4
01. Service of Orders and Notices ................................................................................... 4
02. Service of Summonses and Complaints ..................................................................... 5
03. Designation of Agent for Service .............................................................................. 5
017. COMPUTATION OF TIME (RULE 17). ......................................................................... 5
018. PAYMENT OF FEES AND REMITTANCES (RULE 18). ............................................. 5
01. Payments. ................................................................................................................... 5
02. Annual Regulatory Fees. ............................................................................................ 5
019. INCORPORATED BY REFERENCE – IDAHO BAR COMMISSION RULE (RULE
19). .................................................................................................................................. 6
020. DISCONTINUANCE OF TELECOMMUNICATIONS SERVICE (RULE 20). .......... 6
SUBCHAPTER B – CONTESTED CASES ............................................................................... 6
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-ii- Revised: 4/1/14
RULES 21 THROUGH 400 ......................................................................................................... 6
PART 1 – DEFINITIONS AND GENERAL PROVISIONS .................................................... 6
RULES 21 THROUGH 100 ......................................................................................................... 6
INFORMAL AND FORMAL PROCEEDINGS........................................................................ 6
RULES 21 THROUGH 30 ........................................................................................................... 6
021. INFORMAL PROCEEDINGS DEFINED (RULE 21). ................................................... 6
022. INFORMAL PROCEDURE (RULE 22). ......................................................................... 7
023. FURTHER PROCEEDINGS (RULE 23). ........................................................................ 7
024. INFORMAL PROCEEDINGS DO NOT EXHAUST ADMINISTRATIVE
REMEDIES (RULE 24). .................................................................................................. 7
025. FORMAL PROCEEDINGS (RULE 25). ......................................................................... 7
026. INFORMAL FILES MAY BE INVESTIGATIVE RECORDS (RULE 26). .................... 7
027. -- 030. (RESERVED). .................................................................................................... 8
PARTIES – OTHER PERSONS ................................................................................................. 8
RULES 31 THROUGH 40 ........................................................................................................... 8
031. PARTIES LISTED (RULE 31). ........................................................................................ 8
032. APPLICANTS (RULE 32). .............................................................................................. 8
033. PETITIONERS (RULE 33). ............................................................................................. 8
034. COMPLAINANTS (RULE 34). ....................................................................................... 8
035. RESPONDENTS (RULE 35). .......................................................................................... 9
036. INTERVENORS (RULE 36). ........................................................................................... 9
037. COMMISSION STAFF (RULE 37). ................................................................................ 9
038. RIGHTS OF PARTIES AND OF COMMISSION STAFF (RULE 38). ........................... 9
039. PERSONS – PERSONS NOT PARTIES – INTERESTED PERSONS – PUBLIC
INVOLVEMENT (RULE 39). ......................................................................................... 9
01. Persons and Person Not Parties.................................................................................. 9
02. Interested Persons. ..................................................................................................... 9
03. Public Involvement. ................................................................................................. 10
040. (RESERVED). .............................................................................................................. 10
REPRESENTATIVES OF PARTIES ....................................................................................... 10
RULES 41 THROUGH 50 ......................................................................................................... 10
041. INITIAL PLEADING BY PARTY – LISTING OF REPRESENTATIVES (RULE 41).
...................................................................................................................................... 10
01. Designation of Representative Required ................................................................. 10
02. Number of Representatives ...................................................................................... 10
042. TAKING OF APPEARANCES (RULE 42). .................................................................. 10
043. REPRESENTATION OF PARTIES (RULE 43). ........................................................... 11
044. SERVICE ON REPRESENTATIVES OF PARTIES AND OTHER PERSONS (RULE
44). ................................................................................................................................ 12
045. WITHDRAWAL OF PARTIES (RULE 45)................................................................... 12
046. SUBSTITUTION OF REPRESENTATIVE – WITHDRAWAL OF
REPRESENTATIVE (RULE 46). ................................................................................. 12
047. CONDUCT REQUIRED (RULE 47). ............................................................................ 12
048. FORMER EMPLOYEES – RESTRICTION ON REPRESENTATION OF PARTIES
(RULE 48). ..................................................................................................................... 13
049. NOTICE OF PARTIES (RULE 49). ............................................................................... 13
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-iii- Revised: 4/1/14
050. (RESERVED). .............................................................................................................. 13
PLEADINGS – IN GENERAL .................................................................................................. 13
RULES 51 THROUGH 60 ......................................................................................................... 13
051. PLEADINGS LISTED – MISCELLANEOUS (RULE 51). ........................................... 13
052. APPLICATIONS – DEFINED – FORM AND CONTENTS (RULE 52). ..................... 13
01. State Facts ................................................................................................................ 13
02. Refer to Provisions ................................................................................................... 13
03. Pray for the Action Sought ...................................................................................... 13
04. Public Information ................................................................................................... 14
053. PETITIONS – DEFINED – FORM AND CONTENTS (RULE 53). ............................. 14
01. Modification, Amendment or Stay of Existing Orders or Rules ............................. 14
02. Clarification or Construction of Orders, Rules or Statute........................................ 14
03. Initiation of Proceeding............................................................................................ 14
04. Reconsideration........................................................................................................ 14
05. Request for Intervenor Funding. .............................................................................. 14
06. Intervention are Called “Petitions ............................................................................ 14
07. Form and Content. ................................................................................................... 14
054. FORMAL COMPLAINTS – DEFINED – CONTENTS AND PROCESS (RULE 54). . 14
01. Name the Respondent .............................................................................................. 14
02. State the Facts .......................................................................................................... 14
03. Refer to Applicable Provisions ................................................................................ 15
04. State the Relief Desired ........................................................................................... 15
05. Process ..................................................................................................................... 15
055. INFORMAL INQUIRIES OR COMPLAINTS (RULE 55). .......................................... 15
056. MOTIONS – DEFINED – FORM AND CONTENTS – TIME FOR FILING (RULE 56).
...................................................................................................................................... 15
01. State the Facts .......................................................................................................... 15
02. Refer to Provisions ................................................................................................... 15
03. Pray for the Relief Sought........................................................................................ 15
057. ANSWERS – DEFINED – FORM AND CONTENTS – TIME FOR FILING (RULE 57).
...................................................................................................................................... 16
01. Answers Defined ...................................................................................................... 16
02. Answers to Complaints or Petitions ......................................................................... 16
03. Answers to Motions ................................................................................................. 16
058. CONSENT AGREEMENTS – DEFINED – FORM AND CONTENTS (RULE 58). .... 16
01. Definition of Consent Agreement ............................................................................ 16
02. Form and Content of Consent Agreement ............................................................... 16
059. -- 060. (RESERVED). .................................................................................................. 17
FILING, SERVICE, AMENDMENT AND WITHDRAWAL OF DOCUMENTS .............. 17
RULES 61 THROUGH 70 ......................................................................................................... 17
061. FILING DOCUMENTS WITH THE COMMISSION – NUMBER OF COPIES –
DISCOVERY -- FACSIMILE (FAX) AND ELECTRONIC FILING (RULE 61). ....... 17
01. Printed Filings .......................................................................................................... 17
02. Filing Discovery....................................................................................................... 18
03. FAX and Electronic Filings ..................................................................................... 18
04. Reducing the Number or Changing the Form of Filing ........................................... 18
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-iv- Revised: 4/1/14
062. FORM OF DOCUMENTS (RULE 62)........................................................................... 18
01. Information to be Listed........................................................................................... 18
02. Example ................................................................................................................... 19
03. Identification of Parties ............................................................................................ 19
04. Original Documents ................................................................................................. 19
063. SERVICE ON PARTIES AND OTHER PERSONS (RULE 63). .................................. 19
01. Service in General .................................................................................................... 19
02. Service by Electronic Mail....................................................................................... 20
03. Service of Discovery ................................................................................................ 20
064. PROOF OF SERVICE (RULE 64). ................................................................................ 20
065. DEFECTIVE, INSUFFICIENT OR LATE PLEADINGS (RULE 65). .......................... 20
066. AMENDMENTS TO PLEADINGS (RULE 66). ........................................................... 20
067. INFORMATION EXEMPT FROM PUBLIC REVIEW – DEFINITIONS – FORM –
PROCEDURES (RULE 67). .......................................................................................... 21
01. Definitions................................................................................................................ 21
02. Form ......................................................................................................................... 21
03. Procedure ................................................................................................................. 21
04. Protective Agreements ............................................................................................. 22
068. WITHDRAWAL OF PLEADINGS (RULE 68)............................................................. 22
069. -- 070. (RESERVED). .................................................................................................. 22
INTERVENTION – PUBLIC WITNESSES ............................................................................ 22
RULES 71 THROUGH 80 ......................................................................................................... 22
071. ORDER GRANTING INTERVENTION NECESSARY (RULE 71). ........................... 22
072. FORM AND CONTENTS OF PETITIONS TO INTERVENE (RULE 72). .................. 22
073. TIMELY FILING OF PETITIONS TO INTERVENE (RULE 73). ............................... 23
074. GRANTING PETITIONS TO INTERVENE (RULE 74). ............................................. 23
075. ORDERS GRANTING INTERVENTION – OPPOSITION (RULE 75). ...................... 23
076. PUBLIC WITNESSES (RULE 76). ............................................................................... 23
077. -- 100. (RESERVED). .................................................................................................. 24
PART 2 – SPECIFIC REQUIREMENTS OF CERTAIN FILINGS – RELATED RULES 24
RULES 101 THROUGH 200 ..................................................................................................... 24
PETITIONS FOR DECLARATORY ORDERS ..................................................................... 24
RULES 101 THROUGH 110 ..................................................................................................... 24
101. FORM AND CONTENTS OF PETITION FOR DECLARATORY ORDERS (RULE
101). .............................................................................................................................. 24
01. Form of Petition ....................................................................................................... 24
02. Contents of Petition.................................................................................................. 24
102. NOTICE OF PETITION FOR DECLARATORY ORDERS (RULE 102). ................... 24
103. -- 110. (RESERVED). .................................................................................................. 24
APPLICATIONS FOR CERTIFICATES OF CONVENIENCE AND NECESSITY ......... 25
RULES 111 THROUGH 120 ..................................................................................................... 25
111. FORM AND CONTENTS – NEW UTILITY (RULE 111). ........................................... 25
01. Name, Address and Form of Business ..................................................................... 25
02. Written Explanation Why Service Is Proposed ....................................................... 25
03. Proposed Operations ................................................................................................ 25
04. Maps ......................................................................................................................... 26
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-v- Revised: 4/1/14
05. Financing of Construction........................................................................................ 26
06. Cost of Service ......................................................................................................... 26
07. Financial Statement .................................................................................................. 26
112. FORM AND CONTENTS – EXISTING UTILITY (RULE 112). ................................. 26
01. Statement and Explanation ...................................................................................... 26
02. Description of Construction or Expansion ............................................................... 26
03. Map .......................................................................................................................... 26
04. Financial Statement and Construction Timelines .................................................... 26
05. Cost Estimates and Revenue Requirements ............................................................. 26
113. NOTICE OF APPLICATION – ORDERS (RULE 113)................................................. 27
114. APPLICATION FOR NEW COMPETITIVE LOCAL EXCHANGE CARRIER
(CLEC) – FORM AND CONTENT (RULE 114). ......................................................... 27
01. Name, Address and Form of Business ..................................................................... 27
02. Services and Territory .............................................................................................. 28
03. Financial Information............................................................................................... 28
04. Tariffs and Price Lists .............................................................................................. 28
05. Tariff and Customer Contact ................................................................................... 28
06. Interconnection Agreements .................................................................................... 28
07. Compliance with Commission Rules ....................................................................... 28
08. Conservation of Telephone Numbers ...................................................................... 29
115. -- 120. (RESERVED). .................................................................................................. 29
APPLICATIONS TO CHANGE RATES OR RULES ........................................................... 29
RULES 121 THROUGH 130 ..................................................................................................... 29
121. FORM AND CONTENTS OF APPLICATION TO CHANGE RATES (RULE 121). .. 29
01. Utility Applications to Change Rates ...................................................................... 29
02. Proposals Based Upon Computer Modeling ............................................................ 30
03. Grounds for Returning or Dismissing Application .................................................. 30
122. NOTICE OF INTENT TO FILE A GENERAL RATE CASE (RULE 122). .................. 30
01. Which Utilities Must File Notice ............................................................................. 30
02. Exceptions for Trackers or Annual Cost Adjustments ............................................ 30
123. PROPOSED CHANGES TO RATES OR RULES – EFFECTIVE DATE – NOTICE OF
APPLICATION – SUSPENSION (RULE 123). ............................................................ 31
01. Statutory Notice of Rate Changes ............................................................................ 31
02. Notice of Application ............................................................................................... 31
03. Suspension of Proposed Rate Changes .................................................................... 31
124. DESIGNATION AS GENERAL RATE CASE IN NOTICE OF APPLICATION (RULE
124). .............................................................................................................................. 32
01. Revenue Requirement .............................................................................................. 32
02. Rates, Charges, and Service ..................................................................................... 32
125. NOTICES TO CUSTOMERS OF PROPOSED CHANGES IN RATES (RULE 125). . 32
01. Customer Notice of a Change in Rates .................................................................... 32
02. Timing of Notice for Trackers or Annual Cost Adjustments .................................. 33
03. Timely Distribution of Customer Notices................................................................ 33
04. Press Release ............................................................................................................ 33
05. Filing of a Press Release and Customer Notice ....................................................... 33
06. Purposes and Effects of This Rule ........................................................................... 33
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-vi- Revised: 4/1/14
126. APPLICATION TO APPROVE INTERCONNECTION AGREEMENTS (RULE 126).
...................................................................................................................................... 34
01. Uncontested Agreements ......................................................................................... 34
02. Contested Agreements ............................................................................................. 34
127. PUBLIC WORKSHOPS ON APPLICATIONS TO INCREASE RATES (RULE 125). 34
01. Public Workshop ...................................................................................................... 34
02. Notice and Location of Workshop ........................................................................... 34
03. Exemptions .............................................................................................................. 34
128. -- 130. (RESERVED). ....................................................................................................... 34
TARIFF SCHEDULES – RULES 131 THROUGH 140 ......................................................... 34
131. FORM OF TARIFFS (RULE 131). ................................................................................ 34
132. NUMBER OF TARIFF COPIES FILED (RULE 132). .................................................. 35
01. Electronic Tariffs ..................................................................................................... 35
02. Printed Tariffs .......................................................................................................... 35
03. Approval .................................................................................................................. 35
133. TARIFFS SUBMITTED PURSUANT TO ORDER (RULE 133). ................................ 35
01. Order May Require Submission of Tariffs .............................................................. 35
02. Staff Review of Tariffs Filed Pursuant to Order ...................................................... 35
03. Motions with Regard to Tariffs Submitted Pursuant to Order ................................. 35
134. TARIFF ADVICES (RULE 134). ................................................................................... 36
01. Tariff Advices Authorized ....................................................................................... 36
02. Filing of Tariff Advice ............................................................................................. 36
03. Ex Parte Action ........................................................................................................ 36
135. -- 140. (RESERVED). ....................................................................................................... 36
APPLICATIONS FOR APPROVAL TO ISSUE SECURITIES ........................................... 37
RULES 141 THROUGH 150 ..................................................................................................... 37
141. FORM AND CONTENTS OF APPLICATION TO ISSUE SECURITIES (RULE 141).
...................................................................................................................................... 37
01. Description ............................................................................................................... 37
02. A Full Description of the Securities ......................................................................... 37
03. A Statement of the Proposed.................................................................................... 37
04. A Statement of the Purposes .................................................................................... 37
05. Statement of Explanation ......................................................................................... 38
06. Financial Statement .................................................................................................. 38
07. Proposed Order ........................................................................................................ 38
08. Statement of Public Notice Application .................................................................. 38
142. APPLICATIONS FILED WITH OTHER AGENCY (RULE 142). ............................... 38
143. REPORTS (RULE 143). ................................................................................................. 38
144. HEARING – MODIFIED PROCEDURE – SUMMARY ACTION (RULE 144). ......... 38
145. REQUESTS FOR EXPEDITIOUS ACTION (RULE 145). ........................................... 39
146. FEES MUST BE PAID BEFORE ORDER ISSUED (RULE 146). ................................ 39
147. EXEMPTION (RULE 147). ........................................................................................... 39
148. -- 150. (RESERVED). .................................................................................................. 39
CABLE POLE ATTACHMENTS............................................................................................. 39
RULES 151 THROUGH 160 ..................................................................................................... 39
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-vii- Revised: 4/1/14
151. TIMETABLE FOR DECISION – CABLE POLE ATTACHMENT PROCEEDINGS
(RULE 151). ................................................................................................................... 39
152. RULES OF PROCEDURE TO BE USED (RULE 152). ................................................ 40
153. -- 160. (RESERVED). .................................................................................................. 40
APPLICATIONS FOR INTERVENOR FUNDING ............................................................... 40
RULES 161 THROUGH 170 ..................................................................................................... 40
161. CASES IN WHICH INTERVENORS MAY APPLY FOR FUNDING (RULE 161). ... 40
162. FORM AND CONTENTS OF PETITION FOR INTERVENOR FUNDING (RULE
162). .............................................................................................................................. 40
01. Itemized List of Expenses ........................................................................................ 40
02. Statement of Proposed Findings .............................................................................. 40
03. Statement Showing Costs ........................................................................................ 40
04. Explanation of Cost Statement................................................................................. 40
05. Statement of Difference ........................................................................................... 40
06. Statement of Recommendation ................................................................................ 40
07. Statement Showing Class of Customer .................................................................... 41
163. PROHIBITION ON APPLICATION BY COMPETITOR (RULE 163). ....................... 41
164. TIME TO APPLY (RULE 164). ..................................................................................... 41
165. AWARDS (RULE 165). ................................................................................................. 41
01. Order Awarding Intervenor Funding ....................................................................... 41
02. Payment of Awards .................................................................................................. 41
03. Recovery of Awards of Intervenor Funding ............................................................ 41
166. -- 200. (RESERVED). .................................................................................................. 42
PART 3 – POST-PLEADING PROCEDURE ......................................................................... 42
RULES 201 THROUGH 300 ..................................................................................................... 42
MODIFIED PROCEDURE ....................................................................................................... 42
RULES 201 THROUGH 210 ..................................................................................................... 42
201. SCOPE OF MODIFIED PROCEDURE (RULE 201). ................................................... 42
202. NOTICE OF MODIFIED PROCEDURE (RULE 202). ................................................. 42
01. Notice of Modified Procedure ................................................................................. 42
02. Distribution of Notice .............................................................................................. 42
203. PROTESTS AND COMMENTS (RULE 203). .............................................................. 43
204. ACTION BY COMMISSION (RULE 204). ................................................................... 43
205. -- 210. (RESERVED). .................................................................................................. 43
PREHEARING CONFERENCES ............................................................................................ 43
RULES 211 THROUGH 220 ..................................................................................................... 43
211. PURPOSES OF PREHEARING CONFERENCES (RULE 211). ................................. 43
212. NOTICE OF PREHEARING CONFERENCES (RULE 212)........................................ 44
213. RECORD OF CONFERENCE (RULE 213). ................................................................. 44
214. ORDERS RESULTING FROM PREHEARING CONFERENCES (RULE 214). ........ 44
215. CONFERENCE PROCEEDINGS PRIVILEGED (RULE 215)..................................... 44
216. -- 220. (RESERVED). .................................................................................................. 44
DISCOVERY – RELATED PREHEARING PROCEDURE ................................................. 44
RULES 221 THROUGH 240 ..................................................................................................... 44
221. KINDS AND SCOPE OF DISCOVERY LISTED (RULE 221). ................................... 44
01. Depositions .............................................................................................................. 45
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-viii- Revised: 4/1/14
02. Production Requests or Written Interrogatories ...................................................... 45
03. Requests for Admission ........................................................................................... 45
04. Subpoenas ................................................................................................................ 45
05. Statutory Examination and Audit............................................................................. 45
222. DISCOVERY AUTHORIZED (RULE 222). ................................................................. 45
223. RIGHTS TO DISCOVERY RECIPROCAL (RULE 223). ............................................. 45
224. DEPOSITIONS (RULE 224). ......................................................................................... 45
225. PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND
REQUESTS FOR ADMISSION (RULE 225). .............................................................. 45
01. When Requests May Be Used.................................................................................. 45
02. Form of Requests ..................................................................................................... 46
03. Time for Objection and Answer .............................................................................. 46
04. Numbers of Requests ............................................................................................... 46
226. SUBPOENAS (RULE 226). ........................................................................................... 46
01. Issuance of Subpoenas ............................................................................................. 46
02. Witness or Travel Fees............................................................................................. 47
03. Motions to Quash ..................................................................................................... 47
227. STATUTORY EXAMINATION AND AUDIT – CONTRASTED WITH OTHER
DISCOVERY (RULE 227). ........................................................................................... 47
228. ANSWERS TO PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES
AND TO REQUESTS FOR ADMISSION (RULE 228)................................................ 47
01. When Answers Not Filed ......................................................................................... 47
02. Filing of Answers ..................................................................................................... 48
229. FILING AND SERVICE OF DISCOVERY AND RELATED DOCUMENTS (RULE
229). .............................................................................................................................. 48
230. EXHIBIT NUMBERS – PREPARED TESTIMONY AND EXHIBITS (RULE 230). .. 48
231. PREPARED TESTIMONY AND EXHIBITS (RULE 231). .......................................... 49
01. Prepared Testimony May Be Required .................................................................... 49
02. Format for Prepared Testimony ............................................................................... 49
03. References to Exhibits ............................................................................................. 49
04. Number of Copies – Filing and Service ................................................................... 50
05. Computer-Searchable Copies of Testimony ............................................................ 50
232. SANCTIONS FOR FAILURE TO OBEY ORDER COMPELLING DISCOVERY
(RULE 232). ................................................................................................................... 50
233. ASSERTIONS THAT DISCOVERED MATERIAL IS PROTECTED FROM PUBLIC
INSPECTIONS – PROCEDURES (RULE 233). ........................................................... 50
01. Assertion of Protection ............................................................................................ 50
02. Procedures ................................................................................................................ 51
234. ASSERTION OF RIGHT AGAINST SELF-INCRIMINATION DURING
DISCOVERY – IMMUNITY (RULE 234). ................................................................... 51
01. Assertion of Right .................................................................................................... 51
02. Granting of Immunity .............................................................................................. 51
03. No Immunity Without Assertion of Right ............................................................... 51
235. -- 240. (RESERVED). .................................................................................................. 51
HEARINGS – MISCELLANEOUS PROCEDURE ................................................................ 52
RULES 241 THROUGH 260 ..................................................................................................... 52
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-ix- Revised: 4/1/14
241. NOTICE OF HEARING (RULE 241). ........................................................................... 52
01. Timing of Notice ...................................................................................................... 52
02. Contents of Notice ................................................................................................... 52
03. Locations of Hearing................................................................................................ 52
04. Types of Formal Hearings ....................................................................................... 52
242. FACILITIES AT OR FOR HEARING AND ADA REQUIREMENTS (RULE 242). ... 52
243. HOW HEARINGS ARE HELD (RULE 243). ................................................................ 53
01. All Hearings Presumed Open................................................................................... 53
02. Methods of Conducting Hearings ............................................................................ 53
244. CONDUCT AT HEARINGS (RULE 244). .................................................................... 53
245. CONFERENCE AT HEARING (RULE 245). ............................................................... 53
246. PRELIMINARY PROCEDURE AT HEARING (RULE 246). ...................................... 54
247. CONSOLIDATION OF PROCEEDINGS (RULE 247)................................................. 54
248. STIPULATIONS (RULE 248). ...................................................................................... 54
249. ORDER OF PROCEDURE (RULE 249). ...................................................................... 54
01. Order of Presentation of Evidence ........................................................................... 54
02. Order of Examination of Witnesses ......................................................................... 55
250. TESTIMONY UNDER OATH (RULE 250). ................................................................. 55
251. PARTIES AND PERSONS WITH SIMILAR INTERESTS (RULE 251). .................... 56
252. CONTINUANCE OF HEARING (RULE 252). ............................................................. 56
253. RULINGS AT HEARINGS (RULE 253). ...................................................................... 56
254. ORAL ARGUMENT (RULE 254). ................................................................................ 56
255. BRIEFS – PROPOSED ORDERS OF THE PARTIES – STATEMENTS OF
POSITION – PROPOSED ORDER OF THE COMMISSION (RULE 255). ................ 56
256. PROCEDURE ON MOTIONS (RULE 256). ................................................................. 57
01. Argument ................................................................................................................. 57
02. Requirements for Motion for Expeditious Substantive Relief ................................. 57
03. Motions for Procedural Relief ................................................................................. 57
04. Support or Opposition to Prehearing Motion........................................................... 57
257. JOINT HEARINGS (RULE 257). .................................................................................. 57
258. COMMISSIONERS – HEARING EXAMINERS – PROCEDURE (RULE 258). ........ 58
01. Officers Holding Hearings ....................................................................................... 58
02. Procedure When Hearing Examiner Holds Hearing ................................................ 58
259. ASSERTION OF RIGHT AGAINST SELF-INCRIMINATION AT HEARING –
IMMUNITY (RULE 259). ............................................................................................. 58
01. Assertion of Right .................................................................................................... 58
02. Granting of Immunity .............................................................................................. 58
03. No Immunity Without Assertion of Right ............................................................... 58
260. SUMMARY OF POSITION(S) AND TESTIMONY (RULE 260). ............................... 59
EVIDENCE ................................................................................................................................. 59
RULES 261 THROUGH 270 ..................................................................................................... 59
261. RULES OF EVIDENCE – EVALUATION OF EVIDENCE (RULE 261). ................... 59
262. DOCUMENTARY EVIDENCE – INTRODUCTION OF RECORDS IN THE
COMMISSION SECRETARY'S OFFICIAL FILE (RULE 262). ................................. 59
263. OFFICIAL NOTICE (RULE 263). ................................................................................. 60
01. Matters that May Be Officially Noticed .................................................................. 60
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-x- Revised: 4/1/14
02. Procedure for Taking Official Notice ...................................................................... 60
264. DEPOSITIONS (RULE 264). ......................................................................................... 60
265. OBJECTIONS – OFFERS OF PROOF (RULE 265). ..................................................... 61
266. PREPARED TESTIMONY (RULE 266). ...................................................................... 61
267. EXHIBITS (RULE 267). ................................................................................................ 61
01. Exhibit Numbers ...................................................................................................... 61
02. Form of Exhibits ...................................................................................................... 61
03. Timely Filing of Exhibits ......................................................................................... 61
04. Objection – Admission ............................................................................................ 62
05. Labeling of Exhibits ................................................................................................. 62
06. Sources for Exhibits ................................................................................................. 62
07. Certain Exhibits Require Presiding Officer's Approval ........................................... 62
268. -- 270. (RESERVED). .................................................................................................. 63
SETTLEMENTS ......................................................................................................................... 63
RULES 271 THROUGH 280 ..................................................................................................... 63
271. PASSIVE SETTLEMENTS (RULE 271). ..................................................................... 63
272. PROCEDURES FOR ACTIVE SETTLEMENTS (RULE 272). .................................... 63
273. SUGGESTION FOR OR INQUIRY ABOUT SETTLEMENTS (RULE 273). ............. 63
274. CONSIDERATION OF SETTLEMENTS (RULE 274). ............................................... 63
275. BURDENS OF PROOF (RULE 275). ............................................................................ 64
276. SETTLEMENT NOT BINDING (RULE 276). .............................................................. 64
277. CONSENT AGREEMENTS NOT SETTLEMENTS (RULE 277)................................ 64
278. -- 280. (RESERVED). .................................................................................................. 65
OFFICIAL RECORDS AND FILES ........................................................................................ 65
RULES 281 THROUGH 290 ..................................................................................................... 65
281. RECORDS FOR DECISION – RELATIONSHIP TO OFFICIAL FILE (RULE 281)... 65
282. THE COMMISSION SECRETARY’S OFFICIAL FILE (RULE 282). ......................... 65
01. Documents in File .................................................................................................... 65
02. Public Records ......................................................................................................... 65
283. THE HEARING RECORD (RULE 283). ....................................................................... 65
284. THE COMMISSIONERS’ RECORD (RULE 284). ....................................................... 66
01. Documents in File .................................................................................................... 66
02. Materials Available at Hearing ................................................................................ 66
285. THE REPORTER (RULE 285). ..................................................................................... 66
286. TRANSCRIPTS (RULE 286). ........................................................................................ 67
01. Form of Transcripts – Cover Sheet .......................................................................... 67
02. Volumes of Transcript – Indices to Volumes .......................................................... 67
03. Matters Included in Transcript ................................................................................. 67
04. Marginal Notes......................................................................................................... 68
05. Volume Size – Number of Pages ............................................................................. 68
06. Number of Copies – Binding ................................................................................... 68
07. 68
08. Computer-Searchable Transcript. ............................................................................ 68
09. Purchase of Transcript ............................................................................................. 68
287. SEALED TRANSCRIPTS (RULE 287). ........................................................................ 69
288. -- 300. (RESERVED). .................................................................................................. 69
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-xi- Revised: 4/1/14
PART 4 – ORDERS AND REVIEW OF ORDERS RULES 301 THROUGH 400
DEFAULTS ................................................................................................................................. 69
RULES 301 THROUGH 310 ..................................................................................................... 69
301. FAILURE TO ANSWER OR APPEAR AT HEARING – DEFAULTS (RULE 301). .. 69
302. -- 310. (RESERVED). .................................................................................................. 69
DECISIONS AND ORDERS RULES 311 THROUGH 320 ................................................... 69
311. SUBMISSION FOR DECISIONS (RULE 311). ............................................................ 69
312. PROPOSED ORDERS BY COMMISSION (RULE 312). ............................................. 70
313. -- 320. RESERVED)..................................................................................................... 70
INTERLOCUTORY ORDERS – FINAL ORDERS – REVIEW OR STAY OF ORDERS
RULES 321 THROUGH 330 ..................................................................................................... 70
321. INTERLOCUTORY ORDERS (RULE 321). ................................................................ 70
01. Defined ..................................................................................................................... 70
02. Certain Orders Always Interlocutory ....................................................................... 70
03. Review of Interlocutory Orders ............................................................................... 70
322. REVIEW OF INTERLOCUTORY ORDERS (RULE 322). .......................................... 71
323. FINAL ORDERS (RULE 323). ...................................................................................... 71
01. Paragraphs Designating Final Orders ...................................................................... 71
02. Service of Final Orders ............................................................................................ 71
03. Petition to Designate Order as Final ........................................................................ 71
04. Review of Final Orders ............................................................................................ 71
324. STAY OF ORDERS (RULE 324)................................................................................... 72
325. CLARIFICATION OF ORDERS (RULE 325). ............................................................. 72
326. RESCISSION, ALTERATION OR AMENDMENT OF FINAL ORDERS (RULE 326).
...................................................................................................................................... 72
01. Petition to Rescind, Alter or Amend a Final Order ................................................. 72
02. Rescission, Alteration or Amendment of Final Order on Commission’s Own Motion
72
327. SUBSTANCE OF ORDERS (RULE 327). ..................................................................... 73
328. -- 330. (RESERVED). .................................................................................................. 73
RECONSIDERATION RULES 331 THROUGH 340 ............................................................ 73
331. PETITIONS AND CROSS-PETITIONS FOR RECONSIDERATION (RULE 331). ... 73
01. Petition for Reconsideration .................................................................................... 73
02. Cross-Petition for Reconsideration .......................................................................... 73
03. Methods of Reconsideration Requested ................................................................... 73
04. Timely Filing – Mailbox Rules ................................................................................ 74
05. Answers to Petitions for Reconsideration ................................................................ 74
332. PROCEDURE AT RECONSIDERATION (RULE 332). .............................................. 74
333. EFFECT OF FILING PETITION FOR RECONSIDERATION (RULE 333). .............. 75
334. -- 340. (RESERVED). .................................................................................................. 75
APPEAL RULES 341 THROUGH 350 .................................................................................... 75
341. PERSONS WHO MAY APPEAL (RULE 341). ............................................................ 75
01. Parties Aggrieved by Order Following Petition for Reconsideration ...................... 75
02. Parties Aggrieved by Denial of Petition for Reconsideration .................................. 75
03. Parties Aggrieved Following Reconsideration ........................................................ 75
342. NOTICE OF APPEAL (RULE 342). .............................................................................. 76
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-xii- Revised: 4/1/14
343. PREPARATION OF APPELLATE RECORD (RULE 343). ......................................... 76
344. -- 350. (RESERVED). .................................................................................................. 76
SETTLEMENT OF APPEAL FROM THE COMMISSION RULES 351 THROUGH 360
....................................................................................................................................................... 76
351. DISMISSALS (RULE 351). ........................................................................................... 76
352. SETTLEMENTS CALLING FOR COMMISSION ACTION (RULE 352). ................. 76
353. SUGGESTION FOR INQUIRY ABOUT SETTLEMENTS (RULE 353). .................... 77
354. CONSIDERATION OF SETTLEMENT ON APPEAL (RULE 354). ........................... 77
355. BURDENS OF PROOF (RULE 355). ............................................................................ 77
356. SETTLEMENTS NOT BINDING (RULE 356). ............................................................ 78
357. -- 400. (RESERVED). .................................................................................................. 78
SUBCHAPTER C – RULEMAKING ....................................................................................... 78
RULES 401 THROUGH 500 ..................................................................................................... 78
401. ADOPTION OF ATTORNEY GENERAL’S RULES OF PROCEDURE FOR
RULEMAKING (RULE 401). ....................................................................................... 78
402. -- 999. (RESERVED). .................................................................................................. 78
SUBJECT INDEX
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-1- Revised: 4/1/14
SUBCHAPTER A – GENERAL PROVISIONS
RULES 0 THROUGH 20
000. LEGAL AUTHORITY (Rule 0).
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 particular authority of
Sections 56-904, 61-304 through 61-309, 61-501 through 61-505, 61-507, 61-516, 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, 62-304, 62-305, 62-424, 62-602 through
62-616A, 62-619, 62-622, 62-622A, 62-1201 through 62-1207, 62-1303, 62-1304, 63-3029I, and
67-6528, Idaho Code. (4-7-11)
[Amended, G.O. 202; amended, 31-0101-1001.]
001. TITLE AND SCOPE (Rule 1).
The name of this chapter is “Rules of Procedure of the Idaho Public Utilities Commission.” This
chapter has the following scope: These rules govern all procedure before the Idaho Public
Utilities Commission (the Commission). (7-1-93)
002. WRITTEN INTERPRETATIONS -- AGENCY GUIDELINES (Rule 2).
For rulemakings conducted before July 1, 1993, written interpretations to these rules in the form
of explanatory comments accompanying the order of proposed rulemaking and review of
comments submitted in the order adopting these rules are maintained in the files of the Secretary
of the Idaho Public Utilities Commission and are available from the office of the Commission
Secretary. The Commission Secretary may be contacted in writing at the Idaho Public Utilities
Commission, PO Box 83720, Boise, Idaho 83720-0074, or may be reached by telephone at (208)
334-0300. For rulemakings conducted after July 1, 1993, written interpretations to these rules in
the form of explanatory comments accompanying the notice of proposed rulemaking that
originally proposed the rules and review of comments submitted in the rulemaking decision
adopting these rules are published in the issues of the Idaho Administrative Bulletin proposing or
adopting the rules. (7-1-93)
003. ADMINISTRATIVE APPEALS (Rule 3).
There are no provisions for administrative appeals within the Commission under these rules of
procedure, except that under Rules 253 and 265 a presiding officer may in the presiding officer’s
discretion refer a ruling on evidence or a motion to the full Commission. (7-1-93)
Cross Reference: Rules 253, 265.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-2- Revised: 4/1/14
004. PUBLIC RECORDS ACT COMPLIANCE (Rule 4).
Except as provided by statute and Rules 26, 52, 67, 233, and 287, all materials filed with the
Commission pursuant to these rules and all materials issued by the Commission pursuant to these
rules are public documents subject to inspection, examination and copying. (4-7-11)
[Amended, 31-0101-1001.]
Cross Reference: Rules 26, 52, 67, 233, 287.
005. DEFINITIONS (Rule 5).
Terms of art used throughout these rules are defined within the rules themselves. The term
“utility” used in these rules includes every common carrier, pipeline corporation, gas
corporation, electric corporation, telephone corporation, and water corporation as defined in
Chapter 1, Title 61, Idaho Code, and Section 62-603, Idaho Code. (4-7-11)
[Amended, 31-0101-1001.]
Statutory Reference: Idaho Code § 62-603.
006. CITATION (Rule 6).
The official citation of these rules is IDAPA 31.01.01.000 et seq. For example, this rule is cited
as IDAPA 31.01.01.006. In documents submitted to the Commission or issued by the
Commission, these rules may be cited as Idaho Public Utilities Commission Rule of Procedure
(IPUCRP or RP). For example, this rule may be cited as RP 6. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code § 67-5202.
007. EFFECTIVE DATE – HISTORY OF RULES (Rule 7).
The predecessors to these rules were originally adopted shortly after the Commission’s creation
in 1913. Since 1980 they have been codified at IDAPA 31.A. They were readopted and
reformatted by rulemaking decision in Docket Number 31-0101-9301 effective July 1, 1993. The
history of these rulemaking proceedings from 1979 forward preceding the initiation of the
publishing of the Idaho Administrative Bulletin and the Idaho Administrative Code is available
from the Commission Secretary. The history of changes to these rules after July 1, 1993, is
contained in the Idaho Administrative Bulletin. (7-1-93)
008. CAPTIONS OF RULES – ADOPTION OF RULES (Rule 8).
The captions and titles to these rules are part of these rules and are construed accordingly. The
proposals for or adoption of these rules and the explanations in them provide a “legislative
history” of these rules for aid in their interpretation or construction. (7-1-93)
[Adopted, G.O. 163.]
009. (RESERVED).
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-3- Revised: 4/1/14
010. THESE RULES SUPERSEDE THE ATTORNEY GENERAL’S RULES OF
PROCEDURE (Rule 10).
Except as provided in Rule 401 addressing rulemaking, these rules are affirmatively promulgated
to supersede the Attorney General’s Rules of Procedure, IDAPA 04.11.01.000 et seq. The
Attorney General’s Idaho Rules of Administrative Procedure do not apply to proceedings before
the Commission except as provided in Rule 401. (7-1-93)
Cross Reference: Rule 401; IDAPA 04.11.01.000.
011. PROCEEDINGS GOVERNED (Rule 11).
Rules 11 through 401 govern all procedure before the Idaho Public Utilities Commission (the
Commission) in all investigations, contested cases, licensing, rulemaking, and other matters
specifically addressed by these rules, unless otherwise directed by the Commission. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-601, 62-619, 67-5201, 67-5242, 67-5254.
012. OFFICE – OFFICE HOURS – FAX NUMBER – MAILING, ELECTRONIC AND
STREET ADDRESS – DROP BOX (Rule 12).
The principal office of the Commission is in Boise, Idaho. This office is open from 8 a.m. to 5
p.m., except Saturday, Sunday and legal holidays. The Commission’s telephone number is (208)
334-0300. The hearing or speech impaired may reach the Commission through the Idaho
Telecommunications Relay Service by dialing 711. The Commission has no drop box for filing
documents after the close of business. (5-8-09)
01. Fax Number, Mailing and Street Addresses. The Commission’s FAX number is
(208) 334-3762. 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 83702-5918. Except as noted in Subsection 012.03 of this rule, all
documents filed in all proceedings must be filed with the Commission at one (1) of these
addresses. (5-8-09)
02. Internet Homepage. The Commission’s electronic address is
http://www.puc.idaho.gov. (5-8-09)
03. Electronic Address. The Commission’s e-mail address is:
secretary@puc.idaho.gov for filing authorized documents per Subsections 061.02 through
061.04. (5-8-09)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 163A; amended, G.O. 202; amended, 31-0101-0301;
amended, 31-0101-0801.]
Statutory Reference: Idaho Code § 61-208.
Cross Reference: Rule 61.
013. LIBERAL CONSTRUCTION (Rule 13).
These rules will be liberally construed to secure just, speedy and economical determination of all
issues presented to the Commission. Unless prohibited by statute, the Commission may permit
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-4- Revised: 4/1/14
deviation from these rules when it finds compliance with them is impracticable, unnecessary or
not in the public interest. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Statutory Reference: Idaho Code § 61-601.
014. COMMISSION SECRETARY – COMMUNICATIONS WITH COMMISSION –
TIMELY FILING (Rule 14).
01. The Commission Secretary. The Commission Secretary is the custodian of all
public files of the Commission and is responsible for service of all orders and notices of the
Commission and of all complaints filed with the Commission. Unless otherwise directed by
order, the Commission Secretary issues all official notices of the Commission. All written
communications and documents that are intended to be part of an official Commission record
(other than a hearing record) must be filed with the Commission Secretary. (5-8-09)
02. Timely Filing. Unless otherwise provided by statutes, these rules, order or notice,
documents are considered filed when received by the Commission Secretary, not when mailed or
otherwise transmitted. (5-8-09)
03. Case Information. Information concerning proceedings before the Commission or
the status of any matter before the Commission is available from the Commission Secretary or
the Commission’s Internet homepage. (5-8-09)
[Adopted as Rules 2.2 and 14.2, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 182; amended, 31-
0101-0801.]
Statutory Reference: Idaho Code §§ 61-205, 61-615, 67-5242
Cross Reference: Rules 16, 49, 54, 55, 61, 63, 102, 113, 123, 212, 213, 214, 230, 231, 281, 283.
015. IDENTIFICATION OF COMMUNICATIONS (Rule 15).
Parties’ communications addressing or pertaining to a given case or proceeding must be written
under that case caption and case number. General communications by other persons should refer
to case captions, case numbers, permit numbers, or the like, if this information is known.
(7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Cross Reference: Rules 39, 41, 51, 61, 62, 63, 64.
016. SERVICE BY COMMISSION (Rule 16).
The Commission Secretary serves all notices, orders, summonses, and complaints issued by the
Commission or by the Secretary. (7-1-93)
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
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.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-5- Revised: 4/1/14
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. (3-16-04)
02. Service of Summonses and Complaints. The Commission Secretary will serve
complaints against utilities upon the person designated for that purpose by the utility.
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 the
Idaho Rules of Civil Procedure. (4-7-11)
03. Designation of Agent for Service. All utilities shall designate a person as their
agent to be served with summons and complaints. Utilities shall be responsible for maintaining
on file with the Commission Secretary the current name, mailing address and e-mail address of
the person designated as the agent to receive service. (4-7-11)
[Adopted, G.O. 155; amended, G.O. 163, amended, G.O. 202; amended, 31-0101-0301; amended, 31-0101-1001.]
Statutory Reference: Idaho Code §§ 61-602, 61-615, 61-618.
Court Rule Reference: I.R.C.P. 4(c)(1).
Cross Reference: Rules 14, 41, 44, 54, 102, 113, 123, 226.
017. COMPUTATION OF TIME (Rule 17).
Whenever statute, these or other rules, order, or notice requires an act to be done within a certain
number of days of a given day, the given day is not included in the count. If the day the act must
be done is a Saturday, Sunday or legal holiday, the act may be done on the first day following
that is not a Saturday, Sunday or legal holiday. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 1-1607, 60-108, 73-108, 73-109, 73-110.
Court Rule Reference: I.R.C.P. 6(a); I.A.R. 22.
Cross Reference: Rules 56, 57, 73, 123, 141, 143, 202, 212, 213, 224, 225, 241, 256, 258, 285, 312, 323, 331.
018. PAYMENT OF FEES AND REMITTANCES (Rule 18).
01. Payments. Fees and remittances to the Commission must be paid by money order,
bank draft or check payable to “Idaho Public Utilities Commission.” Remittances in currency or
coin are wholly at the risk of the remitter, and the Commission assumes no responsibility for
their loss. (2-15-14)
02. Annual Regulatory Fees. Utilities and railroads shall pay their annual special
regulatory fees as required by Chapter 10, Title 61 and Section 62-611, Idaho Code. Utilities
and railroads that fail to pay their special regulatory fees, are no longer conducting business in
Idaho, and fail to maintain a designated agent for service with the Commission Secretary
(Subsection 016.03) may be administratively removed from the list of utilities and railroads
subject to the annual regulatory fee. (2-15-14)
[Adopted, G.O. 155; amended, G.O. 163; amended, 31-0101-1301.]
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-6- Revised: 4/1/14
Statutory Reference: Idaho Code §§ 61-609, 61-905, 62-611.
Cross Reference: Rules 16.03, 145, 146.
019. INCORPORATED BY REFERENCE – IDAHO BAR COMMISSION RULE (Rule
19).
Rule 43 incorporates by reference Idaho Bar Commission Rule 227 (Pro Hac Vice Admission).
Bar Rule 227 is promulgated by the Idaho State Bar and adopted by order of the Idaho Supreme
Court. Bar Rule 227 may be obtained from the Idaho State Bar, PO Box 895, Boise, ID 83701, or
online at http://www.isb.idaho.gov. Bar Rule 227 is also available for inspection and copying at
the Idaho State Law Library or at the offices of the Idaho Public Utilities Commission. (2-15-14)
[Adopted, 31-0101-0301; amended, 31-0101-1001; amended, 31-0101-1301.]
Bar Rule Reference: Idaho Bar Commission Rule 227.
Cross Reference: Rule 43.
020. DISCONTINUANCE OF TELECOMMUNICATIONS SERVICE (RULE 20).
A telephone corporation that intends to discontinue service in Idaho shall file a notice with the
Commission at least ninety (90) days in advance of the date that it intends to cease operations.
The telephone corporation proposing to discontinue basic local exchange or message
telecommunications services shall also publish a notice of such discontinuance in a legal
newspaper circulated in its service area pursuant to Section 62-612, Idaho Code. If the telephone
corporation held any customer deposits or advance payments, the telephone corporation shall
indicate in the notice how the deposits are to be returned to customers. See also IDAPA
31.41.01, “Customer Relations Rules for Telephone Corporations Providing Services in Idaho
Subject to Customer Service Regulation by the Idaho Public Utilities Commission,” Section 312.
(4-7-11)
[Adopted, 31-0101-1001.]
Statutory Reference: Idaho Code § 62-612.
SUBCHAPTER B – CONTESTED CASES
RULES 21 THROUGH 400
PART 1 – DEFINITIONS AND GENERAL PROVISIONS
RULES 21 THROUGH 100
INFORMAL AND FORMAL PROCEEDINGS
RULES 21 THROUGH 30
021. INFORMAL PROCEEDINGS DEFINED (Rule 21).
Informal proceedings are proceedings in cases authorized by statute, rule or order of the
Commission to be conducted using informal procedures, i.e., procedures without a record to be
preserved for later Commission or judicial review, without the necessity of representation
according to Rule 43, without formal designation of parties, without the necessity of presiding
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-7- Revised: 4/1/14
officers, or without other formal procedures required by these rules for formal proceedings.
Unless prohibited by statute, the Commission may provide that informal proceedings may
precede formal proceedings in the consideration of a rulemaking or a case. (7-1-93)
Cross Reference: Rule 43.
022. INFORMAL PROCEDURE (Rule 22).
These rules encourage the use of informal proceedings to settle or determine cases. Unless
prohibited by statute, the Commission may provide for the use of informal procedure at any stage
of a case. Informal procedure may include individual contacts by or with the Commission staff
asking for information, advice or assistance from the Commission staff, or proposing informal
resolution of formal disputes. Informal procedures may be conducted in writing, by telephone, or
in person. (7-1-93)
023. FURTHER PROCEEDINGS (Rule 23).
Except as provided in Rule 24, any person participating in an informal proceeding must be given
an opportunity for a later formal administrative proceeding before the Commission, at which
time the parties may fully develop the record before the Commission. (7-1-93)
Cross Reference: Rule 24.
024. INFORMAL PROCEEDINGS DO NOT EXHAUST ADMINISTRATIVE
REMEDIES (Rule 24).
Unless all parties agree to the contrary in writing, informal proceedings do not substitute for
formal proceedings and do not exhaust administrative remedies, and informal proceedings are
conducted without prejudice to the right of the parties to present the matter formally to the
Commission. The Commission Staff will consider and investigate informal inquiries or
complaints without prejudice to the right of the interested persons to present the matter formally
to the Commission, unless all affected persons agree in writing to be bound by the informal
decision. Settlement offers made in the course of informal proceedings are confidential and shall
be excluded from the agency record of any later formal proceedings. Informal procedure is
recommended and preferred for informal inquiries or complaints. However, the Commission
itself may formally consider any informal inquiry or complaint presented to it or to the Staff.
(7-1-93)
025. FORMAL PROCEEDINGS (Rule 25).
Formal proceedings, which are governed by rules of procedure other than Rules 21 through 24,
must be initiated by a pleading listed in Rules 51 through 58. (7-1-93)
Cross Reference: Rules 21, 22, 23, 24, 51, 52, 53, 54, 55, 56, 57, 58.
026. INFORMAL FILES MAY BE INVESTIGATIVE RECORDS (Rule 26).
Files created by the Commission and its Staff in response to informal inquiries or complaints are
investigatory records within the meaning of Sections 74-101(6) and 74-105(1), Idaho Code, are
generally exempt from disclosure according to the standards of Title 74, Chapter 1, Idaho Code,
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-8- Revised: 4/1/14
but are available under Section 74-113, Idaho Code, to the customer, applicant, utility, carrier,
etc., that are the subjects of the investigation. (4-5-00)
[Adopted, G.O. 155; amended, G.O. 202.]
Statutory Reference: Idaho Code §§ 74-101(6), 74-105(1), 74-113.
027. -- 030. (RESERVED).
PARTIES – OTHER PERSONS
RULES 31 THROUGH 40
031. PARTIES LISTED (Rule 31).
Parties to proceedings before the Commission are called applicants, petitioners, complainants,
respondents, or intervenors. Applicants, petitioners, complainants, and respondents are original
parties. On reconsideration parties are called by their original titles listed above. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Cross Reference: Rules 15, 32, 33, 34, 35, 36, 37, 38, 39, 45, 49, 71, 271, 272, 273, 274, 275, 276, 277.
032. APPLICANTS (Rule 32).
Persons who seek any right, license, award, or authority (except intervenors requesting
intervenor funding) from the Commission are called “applicants.” (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 163A.]
Statutory Reference: Idaho Code § 61-617A.
Cross Reference: Rules 31, 52, 161, 162, 163.
033. PETITIONERS (Rule 33).
Persons not applicants who seek to modify, amend or stay existing orders or rules, to clarify their
rights or obligations under law administered by the Commission, to ask the Commission to
initiate a proceeding (other than an application or a complaint), or to otherwise take action that
will result in the issuance of an order or rule, but not seeking a right or authority from the
Commission, are called “petitioners.” (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Cross Reference: Rules 31, 34, 53, 72.
034. COMPLAINANTS (Rule 34).
Persons charging other person(s) with any act or omission are called “complainants.” In any
proceeding which the Commission charges an act or omission, the Commission is called
“complainant.” (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-502, 61-503, 61-504, 61-508, 61-509, 61-510, 61-511, 61-513, 61-514, 61-515, 61-517,
61-520, 61-612 61-621, 61-622, 61-641, 62-304.
Cross Reference: Rules 31, 33, 54, 55.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-9- Revised: 4/1/14
035. RESPONDENTS (Rule 35).
Persons against whom complaints or petitions are filed or about whom investigations are
initiated are called “respondents.” (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Cross Reference: Rules 32, 53, 54, 57.
036. INTERVENORS (Rule 36).
Persons, not original parties to a proceeding, permitted to participate as parties pursuant to Rules
71 through 75, are called “intervenors.” (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-617, 67-5201.
Cross Reference: Rules 31, 32, 33, 34, 35, 53, 71, 72, 73, 74, 75.
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, a Deputy Attorney General for
the Commission represents the Staff. (3-16-04)
[Adopted, G.O. 155; amended, G.O. 163; amended, 31-0101-0301.]
Statutory Reference: Idaho Code §§ 61-204, 61-206, 61-207.
Cross Reference: Rules 31, 48.
038. RIGHTS OF PARTIES AND OF COMMISSION STAFF (Rule 38).
Subject to Rules 249, 251 and 261, all parties and the Commission Staff may appear at hearing
or argument, introduce evidence, examine witnesses, make and argue motions, state positions,
and otherwise fully participate in hearings or arguments. (7-1-93)
[Adopted as Rule 4.1, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rules 31, 246, 249, 251, 261.
039. PERSONS – PERSONS NOT PARTIES – INTERESTED PERSONS – PUBLIC
INVOLVEMENT (Rule 39).
01. Persons and Person Not Parties. The term “person” includes natural persons,
partnerships, corporations, associations, municipalities, government entities and subdivisions,
and any other entity authorized by law to participate in administrative proceedings. Persons other
than the persons named in Rules 32 through 37 are not parties for the purpose of any statute or
rule addressing rights or obligations of parties. (2-15-14)
02. Interested Persons. Interested persons for purposes of the Commission Secretary’s
service of notice under Rules 113, 123, and 202 are municipalities, counties, and chambers of
commerce in the area affected by a proceeding and persons who were parties in any proceeding
of a similar kind involving the same utility or railroad in the preceding three (3) years. This rule
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-10- Revised: 4/1/14
defines interested persons for purposes of Rules 113, 123, and 202, but not for purposes of
Section 61-626, Idaho Code. (2-15-14)
03. Public Involvement. Persons interested in receiving periodic updates about filings
made in certain groups of cases, in individual cases, or the issuance of press releases, orders and
notices may subscribe to the Commission’s Rich Site Summary (RSS) feed located on the
Commission’s home page at: www.puc.idaho.gov. Subscription to general information will be
available at the home page at “Keep Me Updated” and case specific subscription will be
available at each case summary page. The Commission’s home page also contains links to other
utility or Commission topics. (2-15-14)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 202; amended, 31-0101-1301.]
Statutory Reference: Idaho Code §§ 61-104, 61-105, 61-612, 61-626.
Cross Reference: Rules 15, 32, 33, 34, 35, 36, 37, 76, 113, 123, 202.
040. (RESERVED).
REPRESENTATIVES OF PARTIES
RULES 41 THROUGH 50
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 each representative’s mailing and electronic (if available)
address for purposes of receipt of all official documents. 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. (3-16-04)
02. Number of Representatives. No more than two 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. (7-1-93)
[Adopted, G.O. 163; amended, G.O. 202; amended, 31-0101-0301.]
Court Rule Reference: I.R.C.P. 10(a)(1), 11(a)(1).
Cross Reference: Rules 15, 16, 31, 43, 44, 49, 51, 61, 62, 63, 64, 65, 72, 323, 332.
042. TAKING OF APPEARANCES (Rule 42).
The presiding officer at hearing or prehearing conference will take appearances to identify the
representatives of all parties at the hearing. Parties whose pleadings have not been received by or
distributed to all other parties may be required to state their interests at the hearing. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Cross Reference: Rules 41, 43.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-11- Revised: 4/1/14
043. REPRESENTATION OF PARTIES (Rule 43).
Proceedings before the Commission are sometimes administrative in nature or quasi-judicial in
nature. General requirements for the representation of parties are outlined below. (2-15-14)
01. Administrative Proceedings. Administrative proceedings before the Commission
include matters such as the filing of tariff schedules, tariff advices, price lists, certificates to
provide local exchange service, interconnection agreements, rulemaking, written comments in
modified procedure, or written comments provided at a customer hearing. These filings may be
made by a natural person pro se, a partner in a partnership, an employee or officer of a
corporation, or a licensed attorney. (4-7-11)
02. Quasi-Judicial Proceedings. The representation of parties at quasi-judicial
proceedings for the purpose of adjudicating the legal rights or duties of a party is restricted as set
out below. Quasi-judicial proceedings before the Commission include matters such as formal
complaints, petitions, motions, applications for modified procedure or technical/evidentiary
hearings. Representation of parties of these types of proceedings shall be as follows: (4-7-11)
a. A natural person may represent himself or herself or be represented by a licensed
attorney. (4-7-11)
b. A partnership or corporation shall be represented by a licensed attorney. (4-7-11)
c. A municipal corporation; a state, federal, tribal, or local government agency; an
unincorporated association; a non-profit organization, or other entity shall be represented by a
licensed attorney. (4-7-11)
03. 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 227 (Pro Hac
Vice Admission). The Commission adopts by incorporation Bar Rule 227 as modified below.
(2-15-14)
a. Limited admission by out-of-state attorneys will not be necessary in conjunction
with administrative proceedings. Out-of-state attorneys representing the same party in one (1) or
more quasi-judicial proceedings must request limited admission at least one (1) time per calendar
year. (4-7-11)
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 227(j) with
references to the Commission instead of the court. (2-15-14)
c. A copy of the written motion shall be submitted to the Idaho State Bar accompanied
by the fee prescribed in Bar Rule 227. (2-15-14)
[Adopted, G.O. 155; amended, O.N. 15503; amended, O.N. 17001; amended, G.O. 163; amended, 31-0101-0301;
amended, 31-0101-1001; amended, 31-0101-1301.]
Statutory Reference: Idaho Code § 61-619.
Case Reference: Idaho State Bar Association v. Idaho Public Utilities Commission, 102 Idaho 672, 637 P.2d 1168 (1981).
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-12- Revised: 4/1/14
Bar Rule Reference: Idaho Bar Commission Rule 227.
Cross Reference: Rules 19, 41, 42, 257.
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 51 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.
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 182; amended, 31-0101-0301.] (3-16-04)
Cross Reference: Rules 6, 41, 51, 62, 229, 255, 312.
045. WITHDRAWAL OF PARTIES (Rule 45).
Any party must move the Commission in writing or at hearing to withdraw from a proceeding.
(7-1-93)
[Adopted as Rule 4.5, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rule 31.
046. SUBSTITUTION OF REPRESENTATIVE – WITHDRAWAL OF
REPRESENTATIVE (Rule 46).
A party’s representative may be changed and a new representative may be substituted by notice
to the Commission and to all other parties so long as the proceedings are not unreasonably
delayed. The presiding officer at hearing may permit substitution of representatives at hearing in
the presiding officer’s discretion. Persons representing a party who wish to withdraw their
representation of a party in a proceeding before the Commission must immediately file in writing
a notice of withdrawal of representation and serve that notice on the party represented and all
other parties. (7-1-93)
[Adopted as Rule 4.6, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rules 41, 43, 63.
047. CONDUCT REQUIRED (Rule 47).
Representatives of parties and parties appearing in a proceeding must conduct themselves in an
ethical and courteous manner. (7-1-93)
[Adopted as Rule 4.7, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rule 244.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-13- Revised: 4/1/14
048. FORMER EMPLOYEES – RESTRICTION ON REPRESENTATION OF
PARTIES (Rule 48).
No former employee of the Commission or member of the Attorney General’s staff may appear
in a representative capacity or as an expert witness on behalf of other parties in a formal
proceeding in which he or she previously took an active part. (7-1-93)
[Adopted as Rule 4.8, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rule 37.
049. NOTICE OF PARTIES (Rule 49).
As reasonably necessary in a proceeding, and in any event, at least once in every proceeding, the
Commission Secretary will issue to the parties a notice of parties. The notice of parties will list
all parties, their representative(s) under Rule 41, their representative’s(s’) mailing or electronic
address(es), exhibit numbers assigned to the parties, and any other information required by the
Commission. The Commission Secretary will maintain on file a current list of all parties to a
proceeding and issue a revised notice of parties as reasonably necessary to reflect changes in the
previous notice of parties. (4-5-00)
[Adopted, G.O. 163; amended, G.O. 202.]
Cross Reference: Rules 14, 31, 41, 63.
050. (RESERVED).
PLEADINGS – IN GENERAL
RULES 51 THROUGH 60
051. PLEADINGS LISTED – MISCELLANEOUS (Rule 51).
Pleadings before the Commission are called applications, petitions, complaints, motions, answers
and consent agreements. Affidavits may be filed in support of any pleading. Initial pleadings
must comply with Rule 41. All pleadings must be filed in accordance with Rules 61 through 66.
A party may adopt or join any other party’s pleading. Two or more separately stated grounds,
claims or answers concerning the same subject matter may be included in one pleading. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 182.]
Court Rule Reference: I.R.C.P. 8(e)(2), 10(c)
Cross Reference: Rules 41, 52, 53, 54, 55, 56, 57, 58, 61, 62, 63, 64, 65, 66.
052. APPLICATIONS – DEFINED – FORM AND CONTENTS (Rule 52).
All pleadings requesting a right, certificate, permit, or authority from the Commission are called
“applications.” Applications must: (2-15-14)
01. State Facts. Fully state the facts upon which they are based, (7-1-93)
02. Refer to Provisions. Refer to the particular provisions of statute, rule, order, or
other controlling law upon which they are based, and (7-1-93)
03. Pray for the Action Sought. Request the action desired. (3-16-04)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-14- Revised: 4/1/14
04. Public Information. Unless otherwise exempted from disclosure by statute,
information in applications is public information not exempt from disclosure under Section 74-
106(8), Idaho Code. (3-16-04)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 163A; amended, G.O. 182; amended, G.O. 202; amended,
31-0101-0301; amended, 31-0101-1301.]
Statutory Reference: Idaho Code §§ 61-323, 61-324, 61-325, 61-328, 61-335(1), 61-526, 61-528, 61-617A, 61-902, 61-903, 61-
904, 61-905, 62-610, 62-615, 62-1202, 62-1203, 62-1204, 62-1205, 74-106(8).
Cross Reference: Rules 32, 41, 51, 61, 62, 63, 64, 65, 66, 67, 72, 111, 112, 121, 122, 141, 161, 162, 163.
053. PETITIONS – DEFINED – FORM AND CONTENTS (Rule 53).
All pleadings requesting: (7-1-93)
01. Modification, Amendment or Stay of Existing Orders or Rules. (7-1-93)
02. Clarification or Construction of Orders, Rules or Statute. (7-1-93)
03. Initiation of Proceeding. The initiation of a proceeding not an application or a
proceeding that will lead to the issuance of an order. (7-1-93)
04. Reconsideration. (2-15-14)
05. Request for Intervenor Funding. (2-15-14)
06. Intervention are Called “Petitions.” (2-15-14)
07. Form and Content. Petitions must: (2-15-14)
a. Fully state the facts upon which they are based, (7-1-93)
b. Refer to the particular provisions of statute, rule, order or other controlling law
upon which they are based, (7-1-93)
c. Pray for the relief desired, and (7-1-93)
d. State the name of the person petitioned against (the respondent), if any. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163; amended, 31-0101-1301.]
Statutory Reference: Idaho Code §§ 61-624, 61-626, 61-902, 61-903, 61-904, 61-905, 62-305, 62-609, 62-612, 62-1205.
Cross Reference: Rules 33, 41, 51, 61, 62, 63, 64, 65, 66, 67, 72, 73, 101, 141, 323, 324, 331.
054. FORMAL COMPLAINTS – DEFINED – CONTENTS AND PROCESS (Rule 54).
All pleadings charging utilities or other person(s) with acts or omissions under law administered
by the Commission are called “formal complaints.” Formal complaints must be in writing and:
(5-8-09)
01. Name the Respondent. State the name of the utility or person complained against
(the respondent). (5-8-09)
02. State the Facts. Fully state the facts constituting the acts or omissions of the utility
or person against whom the complaint is filed and the dates when the acts or omissions occurred.
(5-8-09)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-15- Revised: 4/1/14
03. Refer to Applicable Provisions. Refer to the specific provision of statute, rule,
order, notice, tariff or other controlling law that the utility or person has violated. (5-8-09)
04. State the Relief Desired. State what action or outcome should be taken to resolve
the complaint. (5-8-09)
05. Process. The Commission encourages the use of informal proceeding (see Rules 21
through 26) to resolve or settle formal complaints. The Commission shall determine how a
formal complaint should be processed, e.g., issuance of a summons, open an investigation,
informal procedure with Staff. The Commission Secretary may serve a copy of the formal
complaint upon the utility or person to which the formal complaint is directed. (5-8-09)
[Adopted, G.O. 155; amended, G.O. 163; amended, 31-0101-0801.]
Statutory Reference: Idaho Code §§ 61-502, 61-503, 61-504, 61-508, 61-509, 61-510, 61-511, 61-513, 61-514, 61-515, 61-520,
61-526, 61-612, 61-613, 61-614, 61-615, 61-616, 61-621, 61-622, 61-641, 62-302, 62-304, 62-608, 62-
609, 62-614, 62-616.
Case Law Reference: Arrow Transportation Company v. Idaho Public Utilities Commission, 85 Idaho 307, 379 P.2d 422 (1963);
Grover v. Idaho Public Utilities Commission, 83 Idaho 351, 364 P.2d 167 (1961); Allied Van Lines, Inc. v.
Idaho Public Utilities Commission, 79 Idaho 220, 312 P.2d 1050 (1957).
Cross Reference: Rules 14, 34, 41, 51, 55, 57, 61, 62, 63, 64, 65, 66, 67.
055. INFORMAL INQUIRIES OR COMPLAINTS (Rule 55).
Informal inquiries or complaints are addressed in Rules 21 through 26. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 163A; amended, G.O. 182.]
Statutory Reference: Idaho Code §§ 9-337 through 9-348.
Cross Reference: Rules 21, 22, 23, 24, 25, 26.
056. MOTIONS – DEFINED – FORM AND CONTENTS – TIME FOR FILING (Rule
56).
All other pleadings requesting the Commission to take any other action, except consent
agreements or pleadings specifically answering other pleadings, are called “motions.” Motions
must: (7-1-93)
01. State the Facts. Fully state the facts upon which they are based. (7-1-93)
02. Refer to Provisions. Refer to the particular provision of statute, rule, order, notice,
or other controlling law upon which they are based. (7-1-93)
03. Pray for the Relief Sought. If the moving party desires oral argument or hearing
on the motion, the moving party must so state in the motion. Any motion to dismiss, strike or
limit a complaint or petition must be filed before the answer is due or be included in the answer,
if the movant is obligated to file an answer. If a motion is directed to an answer, it must be filed
within fourteen (14) days after service of the answer. Other motions may be filed at any time
upon compliance with Rule 256. The Commission will act on motions as provided in Rule 256.
(7-1-93)
[Adopted as Rule 6.8, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 182.]
Cross Reference: Rule 17, 41, 51, 57, 61, 62, 63, 64, 65, 66, 67, 133, 226, 256.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-16- Revised: 4/1/14
057. ANSWERS – DEFINED – FORM AND CONTENTS – TIME FOR FILING (Rule
57).
01. Answers Defined. All pleadings responding to the allegations or requests of
applications, complaints, petitions or motions are called “answers”. All pleadings responding to
the allegations or prayers of complaints, petitions or motions are called “answers.” (7-1-93)
02. Answers to Complaints or Petitions. Answers to complaints or petitions must be
filed with the Commission and served on all parties of record within twenty-one (21) days after
service of the complaint or petition, unless the Commission modifies the time within which
answer may be made or a motion to dismiss is made within twenty-one (21) days. (7-1-93)
a. Answers to complaints or petitions must admit or deny each material allegation of the
complaint or petition. Any material allegation not specifically admitted shall be considered to be
denied. Matters alleged by cross-complaint or affirmative defense must be separately stated and
numbered. (7-1-93)
b. A party that fails to answer a complaint or petition within the prescribed time will be
treated as generally denying the allegations of the complaint or petition and will be precluded,
except for good cause shown, from setting up any affirmative defense in the proceeding. In these
cases, the Commission may proceed with the matter solely upon the issues set forth in the
complaint or petition. The complainant or petitioner must offer evidence of its allegations
regardless of whether the complaint or petition is answered or denied. (7-1-93)
03. Answers to Motions. Answers to motions may be filed by persons or parties who
are the object of a motion or by parties opposing a motion. The person or party answering the
motion must do so with all deliberate and reasonable speed. In no event is a party entitled to
more than fourteen (14) days to answer a motion or to file a motion for additional time to
answer. The Commission may act upon a motion under Rule 256. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 182.]
Court Rule Reference: I.R.C.P. 7, 12.
Cross Reference: Rules 17, 34, 41, 51, 53, 54, 56, 61, 62, 63, 64, 65, 66, 67, 256.
058. CONSENT AGREEMENTS – DEFINED – FORM AND CONTENTS (Rule 58).
01. Definition of Consent Agreement. Agreements between a regulated utility or
carrier and the Commission Staff, a customer or another utility or regulated carrier in which one
or more parties agree prospectively to engage in certain conduct mandated by statute, rule, order,
tariff, or other provision of law, or to refrain from engaging in certain conduct prohibited by
statute, rule, order, tariff, or other provision of law, are called “consent agreements”. Consent
agreements are intended to require compliance with existing law. Settlements of differing
positions in ongoing cases under Rules 271 through 277 in the development of new rules, orders,
tariffs, etc., are not consent agreements. (7-1-93)
02. Form and Content of Consent Agreement. Consent agreements must: (7-1-93)
a. Recite the parties to the agreement; and (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-17- Revised: 4/1/14
b. Fully state the conduct proscribed or prescribed by the consent agreement. In
addition, consent agreements may; (7-1-93)
c. Recite the consequences of failure to abide by the consent agreement; (7-1-93)
d. Provide for payment of civil or administrative penalties authorized by law; (7-1-93)
e. Provide for payment of reparations of overcharges authorized by law; (7-1-93)
f. Provide for loss of rights, licenses, awards or authority; (7-1-93)
g. Provide for consent to adjustment of rates, charges, certificates, permits, tariffs, or
other action as authorized by law; or (7-1-93)
h. Provide that parties waive all further procedural rights (including hearing,
consultation with counsel, etc.) with regard to enforcement of the consent agreement. (7-1-93)
[Adopted, G.O. 182.]
Statutory Reference: Idaho Code §§ 61-641, 61-642, 67-701 et seq.
Cross Reference: Rules 51, 271, 272, 273, 274, 275, 276, 277.
059. -- 060. (RESERVED).
FILING, SERVICE, AMENDMENT AND WITHDRAWAL OF DOCUMENTS
RULES 61 THROUGH 70
061. FILING DOCUMENTS WITH THE COMMISSION – NUMBER OF COPIES –
DISCOVERY -- FACSIMILE (FAX) AND ELECTRONIC FILING (Rule 61).
The following numbers of documents shall be filed with the Commission Secretary: (5-8-09)
01. Printed Filings. When filing printed material: (4-5-00)
a. In utilities cases (other than those cases specified in Subsections 061.01.b. and
061.01.c. of this rule): (5-8-09)
i. Pleadings (applications, petitions, complaints, motions, answers and consent
agreements)--an original (unbound and unstapled) and seven (7) copies. (5-8-09)
ii. Briefs, proposed orders, statements of position, and exceptions under Rule 312--an
original (unbound and unstapled) and seven (7) copies. (5-8-09)
iii. Prepared testimony and exhibits--nine (9) copies (one (1) copy designated as
reporter’s copy) plus CD-ROM as required by Rule 231.05. (5-8-09)
b. Security issuance cases: (4-5-00)
i. Pleadings--an original (unbound and unstapled) and four (4) copies. (5-8-09)
ii. Other documents except for discovery-related documents--three (3) copies. (5-8-09)
c. Telecommunication interconnection agreements: (3-16-04)
i. Pleadings--an original (unbound and unstapled) and three (3) copies. (5-8-09)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-18- Revised: 4/1/14
ii. All other documents--two (2) copies. (3-16-04)
02. Filing Discovery. Discovery-related documents (notice of taking deposition,
production requests, written interrogatories, requests for admission, answers to discovery,
explanations in lieu of discovery under Rule 225, and objections to discovery) shall be filed in
either printed or electronic format. (5-8-09)
a. If printed filing--three (3) copies to the Commission Secretary. (5-8-09)
b. If electronic filing--the discovery document(s) shall be submitted to the
Commission Secretary as attachments to an e-mail or placed on a CD-ROM and the CD-ROM is
filed with the Secretary. The electronic discovery documents shall be in a computer searchable
form of Adobe Acrobat in portable document format (PDF) without password protection. The
transmitting e-mail or CD-ROM shall be labeled with the case number, case name, and the name
of the person and the party submitting the discovery. (5-8-09)
03. FAX and Electronic Filings. Notices of withdrawal of party or of withdrawal of
representative, stipulations, and documents requiring emergency or immediate action by the
Commission may be filed with the Commission Secretary as an attachment to an e-mail or by
facsimile transmission (FAX). The attached electronic document shall be in a computer
searchable form of Adobe Acrobat (PDF) without password protection. Whenever any such
document is filed by electronic mail or by FAX, the required number of printed documents per
Subsection 061.01 must be delivered to the Commission by overnight mail on the next working
day. The use of electronic mail or FAX is prohibited to file prepared testimony and exhibits,
discovery-related documents or any other documents except as authorized by this paragraph.
(5-8-09)
04. Reducing the Number or Changing the Form of Filing. 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. (5-8-09)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 182; amended, G.O. 202; amended, 31-0101-0301;
amended, 31-0101-0801.]
Cross Reference: Rules 14, 15, 41, 51, 52, 53, 54, 55, 56, 57, 62, 63, 64, 65, 66, 67, 72, 101, 111, 112, 121, 141, 221, 224, 225,
226, 228, 229, 230, 231, 255, 312.
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: (7-1-93)
a. Be submitted on white eight and one-half inch by eleven inch (8 1/2” by 11”) paper
copied on either one (1) side or both sides (duplexed); (5-8-09)
b. State the case caption, case number and title of the document; (7-1-93)
c. Include on the upper left corner of the first page: (3-16-04)
i. The name(s); (3-16-04)
ii. Mailing, street and e-mail address(es); and (3-16-04)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-19- Revised: 4/1/14
iii. 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 (1”) left and top margins. (7-1-93)
02. Example. These documents complying with this rule will be in the following form:
(7-1-93)
(5-8-09)
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.g., 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.” (7-1-93)
04. Original Documents. All original documents filed with the Commission Secretary
shall be unbound and unstapled. Copies of original documents may be bound or stapled. (5-8-09)
[Adopted, G.O. 163, amended; G.O. 182; amended, 31-0101-0301; amended, 31-0101-0801.]
Court Rule Reference: I.R.C.P. 10(a)(1), I.A.R. 17(m), 18(m), 19(b).
Cross Reference: Rules 15, 41, 44, 51, 52, 53, 54, 55, 56, 57, 61, 63, 64, 72, 101, 111, 121, 141, 224, 225, 226, 228, 229, 248,
255, 282, 286, 312.
063. SERVICE ON PARTIES AND OTHER PERSONS (Rule 63).
01. Service in General. All documents referred to in Rule 61 (except as noted below)
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 or electronic mail, it must be served upon all other parties with FAX facilities or by
electronic mail, respectively. For parties without electronic capability, service shall be made by
overnight mail, hand delivery, or the next best available service if these services are not
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-20- Revised: 4/1/14
available. 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. (5-8-09)
02. Service by Electronic Mail. The Commission may direct or the parties may agree
that service among parties be accomplished by electronic mail. (5-8-09)
03. Service of Discovery. The service of discovery documents on parties shall be
accomplished by electronic mail (as attachments to e-mail). For parties without electronic mail
capability, service shall be made by overnight mail, hand delivery, or the next best available
service if these services are not available. See Rule 229. (5-8-09)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 182; amended, 31-0101-0301; amended, 31-0101-0801.]
Statutory Reference: Idaho Code § 61-615.
Cross Reference: Rules 14, 41, 45, 51, 61, 62, 224, 225, 226, 228, 229, 230, 231, 255, 312.
064. PROOF OF SERVICE (Rule 64).
Every document that is filed with the Commission and intended to be part of the record for
decision must be attached to or accompanied by proof of service by the following or similar
certificate: (7-1-93)
I HEREBY CERTIFY (swear or affirm) that I have this day of, served the foregoing (name(s) of
document(s)) upon all parties of record in this proceeding, (by delivering a copy thereof in
person: (list names)) (by mailing a copy thereof, properly addressed with postage prepaid, to:
(list names)).
(Signature)
Each certificate of service must individually list the names and addresses of each person served.
(7-1-93)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 182.]
Cross Reference: Rules 41, 51, 61, 62.
065. DEFECTIVE, INSUFFICIENT OR LATE PLEADINGS (Rule 65).
Defective, insufficient or late pleadings may be returned or dismissed, except that applications
under Rule 121 cannot be dismissed during the period of suspension of rates under Rule 123, but
can only be returned for correction once the suspension period has begun. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Case Reference: Intermountain Gas Company v. Idaho Public Utilities Commission, 98 Idaho 718, 571 P.2d 1119 (1978).
Cross Reference: Rules 51, 61, 62, 121, 123.
066. AMENDMENTS TO PLEADINGS (Rule 66).
The Commission may allow any pleading to be amended or corrected or any omission to be
supplied. Pleadings will be liberally construed, and defects that do not affect substantial rights of
the parties will be disregarded. (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-21- Revised: 4/1/14
[Adopted, G.O. 155; amended, G.O. 163.]
Cross Reference: Rules 61, 64.
067. INFORMATION EXEMPT FROM PUBLIC REVIEW – DEFINITIONS – FORM
– PROCEDURES (Rule 67).
01. Definitions. (4-5-00)
a. “Trade secrets” filed with the Commission are exempt from public inspection,
examination, and copying pursuant to Section 74-107(1), 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: (4-5-00)
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 (4-5-00)
ii. Is the subject of efforts that are reasonable under the circumstances to maintain its
secrecy. (4-5-00)
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 74-104 through 74-109, Idaho Code. (4-5-00)
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.
(4-5-00)
a. If in printed form, the page(s) containing the trade secret or confidential information
shall be reproduced on yellow paper. Each page shall be marked as “TRADE SECRETS” or
“CONFIDENTIAL.” See Rule 61 for the number of printed copies. (5-8-09)
b. If in electronic form, the trade secret or confidential information shall be
reproduced separately on a CD-ROM or other electronic storage format approved by the
Commission Secretary; and not included with other material electronically filed. Each CD-ROM
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.” (5-8-09)
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
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-22- Revised: 4/1/14
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. (4-5-00)
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. (4-5-00)
[Adopted, G.O. 202; amended, 31-0101-0301; amended, 31-0101-0801.]
Statutory Reference: Idaho Code § 74-104 through 74-109.
Cross Reference: Rules 41, 61, 62.
068. WITHDRAWAL OF PLEADINGS (Rule 68).
A party desiring to withdraw a pleading must file a notice of withdrawal of the pleading with the
Commission and serve all parties with it. Unless otherwise ordered by the Commission, the
notice is effective fourteen (14) days after filing. (3-30-01)
[Repromulgated, 31-0101-0001.]
069. -- 070. (RESERVED).
INTERVENTION – PUBLIC WITNESSES
RULES 71 THROUGH 80
071. ORDER GRANTING INTERVENTION NECESSARY (Rule 71).
Persons not original parties to a proceeding who claim a direct and substantial interest in the
proceeding may petition for an order from the Commission granting intervention to become a
party. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Statutory Reference: Idaho Code § 61-617.
Cross Reference: Rules 31, 36, 53, 72, 73, 74, 75, 321.
072. FORM AND CONTENTS OF PETITIONS TO INTERVENE (Rule 72).
Petitions to intervene must comply with Rules 41, 61, and 62. The petition must set forth the
name and address of the petitioner and clearly and concisely state the direct and substantial
interest of the petitioner in the proceeding. If affirmative relief is sought, the petition must state
the relief sought and the basis for granting it. Petitions for intervenor funding should be made in
a separate document from the petition to intervene. (2-15-14)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-23- Revised: 4/1/14
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 163A; amended, G.O. 182; amended, G.O. 202; amended,
31-0101-1301.]
Cross Reference: Rules 41, 53, 61, 62, 63, 64, 65, 73, 161, 162, 163.
073. TIMELY FILING OF PETITIONS TO INTERVENE (Rule 73).
Petitions to intervene must be filed at least fourteen (14) days before the date set for hearing or
prehearing conference, whichever is earlier, unless a different time is provided by order or
notice. Petitions not timely filed must state a substantial reason for delay. The Commission may
deny or conditionally grant petitions to intervene that are not timely filed for failure to state good
cause for untimely filing, to prevent disruption, prejudice to existing parties or undue broadening
of the issues, or for other reasons. Intervenors who do not file timely petitions are bound by
orders and notices earlier entered as a condition of granting the untimely petition. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Cross Reference: Rules 17, 41, 53, 72, 212.
074. GRANTING PETITIONS TO INTERVENE (Rule 74).
If a petition to intervene shows direct and substantial interest in any part of the subject matter of
a proceeding and does not unduly broaden the issues, the Commission or the presiding officer
will grant intervention, subject to reasonable conditions. If it later appears that an intervenor has
no direct or substantial interest in the proceeding, or that the intervention is not in the public
interest, the Commission may dismiss the intervenor from the proceeding. (7-1-93)
[Adopted, G.O. 155; amended; G.O. 163.]
Statutory Reference: Idaho Code § 61-617.
Cross Reference: Rule 71.
075. ORDERS GRANTING INTERVENTION – OPPOSITION (Rule 75).
No order granting a petition to intervene will be acted upon fewer than seven (7) days after its
filing, except in a hearing in which any party may be heard. Any party opposing a petition to
intervene must do so by motion in opposition filed within seven (7) days after receipt of the
petition to intervene and served upon all parties of record and upon the person petitioning to
intervene. (7-1-93)
[Adopted, G.O. 163; amended, G.O. 163A.]
Cross Reference: Rules 36, 53, 56, 71, 74, 256, 321.
076. PUBLIC WITNESSES (Rule 76).
Persons not parties and not called by a party who testify at hearing are called “public witnesses.”
Public witnesses do not have parties’ rights to examine witnesses or otherwise participate in the
proceedings. Subject to Rules 249 and 251, public witnesses have a right to introduce evidence at
hearing by their written or oral statements and exhibits introduced at hearing, except that public
witnesses offering expert opinions at hearing or detailed analysis or detailed exhibits must
comply with Rule 231 with regard to filing and service of testimony and exhibits to the same
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-24- Revised: 4/1/14
extent as witnesses of parties. Public witnesses’ written or oral statements and exhibits are
subject to examination and objection. (4-5-00)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 163A; amended, G.O. 182; amended, G.O. 202.]
Statutory Reference: Idaho Code § 67-5201.
Cross Reference: Rules 15, 31, 39, 231, 249, 251.
077. -- 100. (RESERVED).
PART 2 – SPECIFIC REQUIREMENTS OF CERTAIN FILINGS – RELATED RULES
RULES 101 THROUGH 200
PETITIONS FOR DECLARATORY ORDERS
RULES 101 THROUGH 110
101. FORM AND CONTENTS OF PETITION FOR DECLARATORY ORDERS (Rule
101).
01. Form of Petition. Any person petitioning for a declaratory ruling must
substantially follow this form. (7-1-93)
02. Contents of Petition. The petition shall: (7-1-93)
a. Identify the petitioner and state the petitioner’s interest in the matter, (7-1-93)
b. State the declaratory ruling that the petitioner seeks, and (7-1-93)
c. Indicate the statute, order, rule, or other controlling law, and the factual allegations
upon which the petitioner relies to support the petition. Legal assertions in these paragraphs may
be accompanied by citations of cases and/or statutory provisions. (7-1-93)
[Adopted as Rules 19.2 and 19.3, G.O. 155; amended and recodified, G.O. 163.]
Statutory Reference: Idaho Code §§ 67-5206, 67-5232.
Cross Reference: Rules 33, 53, 61, 62, 102.
102. NOTICE OF PETITION FOR DECLARATORY ORDERS (Rule 102).
Notice of petition for declaratory ruling will be issued to all affected utilities. Orders disposing of
the petition will be served on all affected utilities. (4-5-00)
[Adopted, G.O. 163; amended, G.O. 202.]
Cross Reference: Rules 16, 101.
103. -- 110. (RESERVED).
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-25- Revised: 4/1/14
APPLICATIONS FOR CERTIFICATES OF CONVENIENCE AND NECESSITY
RULES 111 THROUGH 120
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. (4-5-00)
01. Name, Address and Form of Business. (7-1-93)
a. If the applicant is a sole proprietor: (7-1-93)
i. The name, business address, and electronic address (if available) of the applicant;
and (4-5-00)
ii. The business name (including “doing business as” (dba)) of the sole proprietorship.
(3-16-04)
b. If the applicant is a partnership: (7-1-93)
i. A list of the names, business addresses, and electronic addresses (if available) of all
the partners; and (4-5-00)
ii. The business name (including dba) of the partnership. (3-16-04)
c. If the applicant is a corporation or limited liability company (LLC): (2-15-14)
i. A short statement of the character of public service in which it may engage; (7-1-93)
ii. The name of the entity (including dba) and the state in which it is incorporated
organized; (2-15-14)
iii. Its principal business address, its principal business address within Idaho, and
electronic address (if available); (4-5-00)
iv. A certified copy of its articles of incorporation or its certificate of organization if an
LLC; and (2-15-14)
v. If not incorporated or organized in Idaho, a certificate of authority from the Idaho
Secretary of State, a certificate of good standing issued by the secretary of state of the state in
which it is incorporated or organized, and the name and address of its registered agent for service
in Idaho. (2-15-14)
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. (7-1-93)
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.
(7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-26- Revised: 4/1/14
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. (7-1-93)
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. (7-1-93)
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. (7-1-93)
07. Financial Statement. A financial statement of the applicant. (7-1-93)
[Adopted as Rule 15.1, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 182; amended, G.O. 202;
amended, 31-0101-0301; amended, 31-0101-1301.]
Statutory Reference: Idaho Code §§ 61-526, 61-527, 61-528, 62-615.
Cross Reference: Rules 39, 52, 61, 62, 112, 113.
112. FORM AND CONTENTS – EXISTING UTILITY (Rule 112).
Existing utilities applying for the issuance of or the amendment of a certificate of convenience
and necessity under Section 61-526, Idaho Code, must submit the following data (where
relevant): (4-5-00)
01. Statement and Explanation. A statement or prepared testimony and exhibits
explaining why the proposed construction or expansion is or will be in the public convenience
and necessity. (7-1-93)
02. Description of Construction or Expansion. A full description of the proposed
construction or expansion, including the manner of construction or expansion, and if an
expansion, the names of all public utilities, corporations, or persons with whom the expanded
utility is likely to compete. (7-1-93)
03. Map. A map of suitable scale showing the location of the construction or expansion
and its relation to other public utilities in the area(s) that offer or provide similar utility service.
(7-1-93)
04. Financial Statement and Construction Timelines. A statement of the manner in
which the applicant proposes to finance the construction or expansion, the time when the
applicant proposes to begin the construction or expansion, and the time when the applicant
proposes to complete the construction or expansion. (7-1-93)
05. Cost Estimates and Revenue Requirements. Estimates of the cost of the
construction or expansion, the number of additional customers to be served by the construction
or expansion, the revenues to be derived from the construction or expansion, and of the effects of
the construction or expansion on revenue requirements. (7-1-93)
[Adopted, G.O. 163; amended, G.O. 202.]
Statutory Reference: Idaho Code §§ 61-526, 61-527, 61-528, 61-529, 62-615.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-27- Revised: 4/1/14
Cross Reference: Rules 39, 52, 61, 62, 111, 113.
113. NOTICE OF APPLICATION – ORDERS (Rule 113).
Notice of application for a certificate of convenience and necessity will be issued to all interested
persons in all cases in which statute requires formal consideration of the application or in which
the Commission intends to conduct formal proceedings to consider the application. (4-5-00)
[Adopted, G.O. 163; amended, G.O. 202.]
Statutory Reference: Idaho Code §§ 61-526, 61-527, 61-528, 62-615.
Cross Reference: Rules 16, 39, 112.
114. APPLICATION FOR NEW COMPETITIVE LOCAL EXCHANGE CARRIER
(CLEC) – FORM AND CONTENT (Rule 114).
The Commission issues Certificates of Public Convenience and Necessity to competitive local
exchange carriers (CLECs) seeking to provide local exchange services in Idaho. The
Commission uses the certification process to register and review applications to provide local
telecommunications services. See Commission Order No. 26665 issued November 7, 1996.
Each CLEC application shall include the following information: (5-8-09)
01. Name, Address and Form of Business. (5-8-09)
a. If the applicant is the sole proprietor, provide the name and business address of the
applicant and the business name of the sole proprietorship. (5-8-09)
b. If the applicant is a partnership, provide a list of the names and business addresses
of all the partners, and the business name of the partnership. (5-8-09)
c. If the applicant is a corporation or limited liability company (LLC), along with the
entity’s name (and dba, if any), provide, if applicable: (2-15-14)
i. A short statement of the character of public service in which it is engaged; (5-8-09)
ii. The name of the entity (including dba, if any) and the state in which it is
incorporated or organized; (2-15-14)
iii. Its principal business address and its principal address within Idaho; (5-8-09)
iv. A certified copy of its articles of incorporation or its certificate of organization if an
LLC; (2-15-14)
v. The names and addresses of the officers and directors of applicant; (5-8-09)
vi. The names and addresses of subsidiaries owned or controlled by applicant; (5-8-09)
vii. If not incorporated or organized in Idaho, a certificate of authority from the Idaho
Secretary of State, a certificate of good standing issued by the secretary of state in the state it is
incorporated or organized, and the name and address of its registered agent for service in Idaho;
and (2-15-14)
viii. The name and address of any corporation, association, or similar organization
holding a five percent (5%) or greater ownership or a managerial interest in the applicant, and
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-28- Revised: 4/1/14
indicate the amount and character of the ownership interest. Include a copy of any management
agreement with the application. (5-8-09)
02. Services and Territory. The application shall include: (5-8-09)
a. A written description of customer classes and customer services that the applicant
proposes to offer to the public. The application shall indicate the date on which the applicant
proposes to begin construction or anticipates it will begin to provide service in Idaho. (5-8-09)
b. A description sufficient for determining whether service is to be offered in a
particular location and the names of incumbent local exchange corporations (ILECs) with whom
the proposed utility is likely to compete. The application shall include a description of the
intended manner of service, e.g., resold services or facilities-based services; and a general
description of the property owned or controlled by applicant. (5-8-09)
c. A map of reasonable size and detail showing where the applicant is proposing to
provide service including exchanges (if different from existing exchanges), rural zones, and local
calling areas. If the service area is identical to an incumbent LEC’s service area, then applicant
may refer to the incumbent’s service area. (5-8-09)
03. Financial Information. (5-8-09)
a. The application shall provide the current detailed balance sheets, including a
detailed income and profit and loss statements of applicant reflecting current and prior year
balance for the twelve (12) months ending as of the date of the balance sheet, or if not readily
available, for the period since the close of the preceding calendar year. If a balance sheet and
income statement are not available, the applicant shall submit financial data sufficient to
establish it possesses adequate financial resources to provide the proposed services. (5-8-09)
b. The application shall include the latest annual report, if any. (5-8-09)
04. Tariffs and Price Lists. The application shall include proposed initial tariffs or
price sheets setting forth rates, rules, terms, and regulations applicable to the contemplated
service. Initial tariffs and price lists filings shall be in an electronic form as well as paper. The
tariffs and price lists in electronic format will be in computer searchable Adobe Acrobat (PDF),
or submitted on a CD-ROM or other format as prescribed by the Commission Secretary. (5-8-09)
05. Tariff and Customer Contact. The application shall include the name, address,
and telephone number for those persons responsible for tariff and price list questions, as well as
customer complaints and inquiries. The application shall state the toll-free telephone number for
customer inquiries and complaints. (5-8-09)
06. Interconnection Agreements. The application shall state whether the applicant
has initiated interconnection negotiations and, if so, when and with whom. Include copies of any
interconnection contracts which have been completed for the provision of telecommunication
services. (5-8-09)
07. Compliance with Commission Rules. The application shall contain a written
statement that the applicant has reviewed all of the Commission’s rules and agrees to comply
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-29- Revised: 4/1/14
with them, or include a request for waiver of those rules believed to be inapplicable. (5-8-09)
08. Conservation of Telephone Numbers. The application shall contain a written
statement acknowledging that non-paging telecommunications carriers with telephone
numbering resources in Idaho shall be subject to numbering conservation measures including
mandatory one thousand (1,000) block pooling. See Commission Order No. 30425. All CLECs
shall evaluate their numbering resources and donate to the numbering resource pool unused one
thousand (1,000) number blocks and one thousand (1,000) number blocks that have fewer than
ten percent (10%) of the telephone numbers assigned. Applicable carriers shall also file the
necessary utilization reports with NeuStar and semi-annual report their number resource
utilization/forecast (NRUF) data at the one thousand (1,000) block level for each rate center
within their service territory. The Federal Communications Commission has appointed NeuStar
to manage the assignment and conservation of telephone area codes and telephone numbers in
North America. (5-8-09)
[Adopted, 31-0101-0801; amended, 31-0101-1301.]
Commission Orders: 26665, 30425.
115. -- 120. (RESERVED).
APPLICATIONS TO CHANGE RATES OR RULES
RULES 121 THROUGH 130
121. FORM AND CONTENTS OF APPLICATION TO CHANGE RATES (Rule 121).
01. Utility Applications to Change Rates. Applications by any public utility subject to
Title 61, Idaho Code, to increase, decrease or change any rate, fare, toll, rental or charge or any
classification, contract, practice, rule or regulation resulting in any such increase, decrease or
change must include the following data: (4-7-11)
a. An exhibit showing in full each proposed change in rates, tolls, rentals, charges,
rules or regulation by striking over proposed deletions to existing tariffs and underlining
proposed additions or amendments to existing tariffs, except applications to increase or decrease
all or almost all rates and charges by a uniform percentage or by a uniform amount may be made
by filing a tariff listing the proposed change and all unchanged rates and charges or rates and
charges not changed by a uniform percentage or a uniform amount, or by use of another
designation previously approved by the Commission that clearly calls attention to all proposed
changes in numbers or wording. (7-1-93)
b. If the application is subject to Rule 122, a complete justification of the proposed
increase in the form of testimony and exhibits or a narrative exposition. (7-1-93)
c. If the application is subject to Rule 122, a statement showing how and when the
application has been or will be brought to the attention of affected customers and a copy of the
press release and customer notice required by Rule 125. (2-15-14)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-30- Revised: 4/1/14
d. A statement that the applicant stands ready for immediate consideration of the
application. (7-1-93)
e. If the application is subject to Rule 122, testimony and exhibits showing financial
statements, cost of capital and appropriate cost of service studies. (7-1-93)
f. Workpapers or documentation showing how test year data were adjusted. (7-1-93)
g. If the applicant provides utility service in states other than Idaho or utility service
subject to federal regulation, a jurisdictional separation of all investments, revenues and expenses
allocated or assigned in whole or in part to Idaho intrastate utility business regulated by this
Commission showing allocations or assignments to Idaho. (7-1-93)
02. Proposals Based Upon Computer Modeling. In addition, in any application in
which a computer model is used to represent or simulate processes from which the revenue
requirement is derived or upon which allocations of the revenue requirement to different
customer classes are based, complete documentation of all those computer models must be
supplied to the Staff, upon request, and be available in the utility’s office or other depository.
The Staff may request that the computer model itself be provided. A computer model includes
the representation or simulation of a process, but does not mean or include the compilation of
actual data. The application must state that the documentation of the models already on file in the
applicant’s office or other depository fully describes the models or that necessary updates or
additions to previous documentation that will fully describe the models is on file and will be
supplied on request. (4-5-00)
03. Grounds for Returning or Dismissing Application. Failure to comply with Rule
121.01 and 121.02 of this rule is grounds to return or dismiss an application under Rule 65.
(7-1-93)
[Adopted as Rules 16.1 and 16.3, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 163A; amended,
G.O. 182; amended, G.O. 202; amended, 31-0101-1001; amended, 31-0101-1301.]
Statutory Reference: Title 61
Case Reference: Intermountain Gas Company v. Idaho Public Utilities Commission, 98 Idaho 718, 571 P.2d 1119 (1977).
Cross Reference: Rules 9, 52, 54, 61, 62, 65, 122, 123, 125, 131.
122. NOTICE OF INTENT TO FILE A GENERAL RATE CASE (Rule 122).
01. Which Utilities Must File Notice. Utilities with annual gross revenues from retail
customers in the State of Idaho exceeding three million dollars ($3,000,000) must file with the
Commission a “notice of intent to file a general rate case” at least sixty (60) days before filing a
general rate case. If the general rate case described in the notice is not filed within one-hundred
twenty (120) days after filing of the notice of intent to file a general rate case, by operation of
this rule a notice of intent to file a general rate case will be considered withdrawn unless it is
supplemented with a written statement that the utility still intends to file a general rate case of the
kind described in its notice of intent to file a general rate case. (7-1-93)
02. Exceptions for Trackers or Annual Cost Adjustments. This rule applies only to
general rate increases. Examples of cases outside the scope of this rule include (but are not
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-31- Revised: 4/1/14
limited to) fuel cost adjustments (e.g., PGA), power cost adjustment (PCA), commodity or
purchased power tracker rate increases, emergency or other short-notice increases caused by
disaster or weather-related or other conditions unexpectedly increasing a utility’s expenses, rate
increases designed to recover governmentally-imposed increases in costs of doing business, such
as changes in tax laws or ordinances, or other increases designed to recover increased expenses
arising on short notice and beyond the utility’s control. (5-8-09)
[Adopted as Rule 16.1A, G.O. 155A; amended and recodified, G.O. 163; amended, G.O. 163A; amended, G.O. 202;
amended, 31-0101-0801.]
Cross Reference: Rules 52, 61.
123. PROPOSED CHANGES TO RATES OR RULES – EFFECTIVE DATE – NOTICE
OF APPLICATION – SUSPENSION (Rule 123).
01. Statutory Notice of Rate Changes. No application by any public utility to change
any rate, fare, toll, rental, charge or classification, or any rule, regulation, or contract relating to
or affecting any rate, fare, toll, rental, charge, classification, or service, or in any privilege or
facility, can be effective unless notice is given to the Commission and the public pursuant to
Section 61-307, Idaho Code. If the application for such a change proposes an effective date
fewer than thirty (30) days after the application is filed, the effective date of the change is
delayed until thirty (30) days after the application is filed by operation of Section 61-307, Idaho
Code, unless the Commission by order approves an earlier effective date for good cause shown.
In the absence of an order approving or suspending any or all such proposed changes, the
changes not suspended or approved go into effect thirty (30) days after filing or on their
proposed effective date, whichever is later. If no effective date is proposed for the changes, the
changes do not go into effect until approved by order. (4-5-00)
02. Notice of Application. Within twenty-one (21) days of the date of any application
to change any rate, fare, toll, charge, or classification, or any rule, regulation or contract relating
to or affecting any rate, fare, toll, rental, charge, classification, or service, or in any privilege or
facility, the Commission Secretary will issue a notice of application to all interested persons,
unless notice is issued pursuant to modified procedure or the application is earlier approved or
described by order. (4-5-00)
03. Suspension of Proposed Rate Changes. At any time before proposed changes take
effect pursuant to Sections 61-307, Idaho Code and Rule 123.01 of this rule, the Commission
may suspend the effectiveness of the changes pursuant to Sections 61-622, Idaho Code.
Whenever the Commission suspends proposed changes for less than the maximum period of
suspension allowed by statute, it may extend the period of the suspension to the statutory
maximum consistent with the statutory standards. (7-1-93)
[Adopted, G.O. 163; amended, G.O. 163A; amended, G.O. 202.]
Statutory Reference: Idaho Code §§ 61-307, 61-622.
Case Law Reference: Washington Water Power Company v. Idaho Public Utilities Commission, 101 Idaho 567, 617 P.3d 1242
(1980); Citizens Utilities Company v. Idaho Public Utilities Commission, 99 Idaho 164, 579 P.2d 110
(1978); Grindstone Butte Mutual Canal Company v. Idaho Power Company, 98 Idaho 860, 574 P.2d 902
(1978); Intermountain Gas Company v. Idaho Public Utilities Commission, 98 Idaho 718, 571 P.2d 1119
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-32- Revised: 4/1/14
(1977); In Re Union Pacific Railroad Company, 64 Idaho 597, 134 P.2d 1073 (1944); Mountain View
Rural Telephone Company v. Interstate Telephone Company, 55 Idaho 514, 46 P.2d 723 (1935).
Cross Reference: Rules 9, 17, 65, 121, 134, 252, 321.
124. DESIGNATION AS GENERAL RATE CASE IN NOTICE OF APPLICATION
(Rule 124).
When a notice of application designates a proceeding as a general rate case, all persons are
thereby put upon notice that the following are at issue and the Commission may make decisions
addressing them, whether the notice explicitly repeats the following or not: (7-1-93)
01. Revenue Requirement. The utility’s Idaho intrastate revenue requirement, and
every component of it, both rate base and expense, are at issue. The Commission may grant,
deny, or modify the revenue requirement requested and may find a revenue requirement different
from that proposed by any party is just, fair and reasonable. (7-1-93)
02. Rates, Charges, and Service. The rates and charges of all Idaho retail customers,
both recurring and non-recurring, including those of special contract customers, are at issue, and
every component of every existing and proposed rate and charge is at issue. The Commission
may approve, reject or modify the rates and charges proposed and may find that rates and
charges different from those proposed by any party are just, fair and reasonable. (7-1-93)
a. The Commission may approve, reject or modify existing or proposed relationships
between and among rates and charges within, between or among customer classes or rate
groupings and may approve, reject or modify existing or proposed relationships among and
between customer classes or rate groupings. (7-1-93)
b. The Commission may abolish, reduce or create rate blocks or categories of rates
and charges, abolish, create or reduce components of rates and charges, abolish, reduce or create
customer classes or rate groupings, and abolish, reduce or create absolute or relative differences
among and between existing classes or rate groupings of customers. (7-1-93)
c. The tariffs, practices, rules and regulations, service, instrumentalities, equipment,
facilities, classifications, and customer relations of the utility are at issue, and the Commission
may address any of them in its order. (7-1-93)
125. NOTICES TO CUSTOMERS OF PROPOSED CHANGES IN RATES (Rule 125).
01. Customer Notice of a Change in Rates. (4-7-11)
a. If a utility is requesting a rate increase, the utility shall issue a customer notice to
each customer. The customer notice shall include a brief explanation of the utility’s need for
additional revenue and the dollar amount requested. The notice shall give the proposed overall
percentage change from current rates as well as the proposed percentage increase in revenue for
each major customer class. (4-7-11)
b. If the utility is requesting a rate decrease, the utility shall issue a customer notice to
each customer. The customer notice shall include a brief explanation of the reason for the
decrease, the overall dollar amount of the proposed decrease, and the proposed percentage
decrease for each major customer class. (4-7-11)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-33- Revised: 4/1/14
c. The customer notice shall make it clear that the application is a proposal, subject to
public review and a Commission decision. It shall also inform customers that a copy of the
utility’s application is available for public review at the offices of both the Commission and the
utility, and on the Commission’s homepage at www.puc.idaho.gov. (2-15-14)
d. The customer notice shall inform customers that written comments regarding the
utility’s application may be filed with the Commission. It shall also inform customers that they
may subscribe to the Commission’s RSS feed (Rule 039.03) to receive periodic updates via e-
mail about the case. (2-15-14)
02. Timing of Notice for Trackers or Annual Cost Adjustments. Tracker
adjustments occasioned by federal action that result in an increase or decrease in rates may be
brought to the attention of customers in compliance with this rule after approval by the
Commission. Other tracker or annual cost adjustment cases that result in an increase in rates
remain subject to the requirements of advance notice contained in this rule. Other tracker or
annual cost adjustment cases that result in a decrease in rates may be brought to the attention of
customers in compliance with this rule after being approved by the Commission. (4-7-11)
03. Timely Distribution of Customer Notices. The customer notices referred to in
Subsection 125.01 may be mailed separately to customers or included in the customer’s regular
bill as a bill stuffer. At the customer’s option, the customer notice may be provided
electronically. The information required by this rule is to be clearly identified, easily
understood, and pertain only to the proposed rate change. Distribution of customer notices shall
commence when the utility files its application or as soon as possible thereafter. (2-15-14)
04. Press Release. In instances covered by Subsection 125.01, the utility shall also
send a press release containing, at minimum, the same information presented in the customer
notices to all newspapers, radio, and television stations listed on the Commission’s news
organization list for that utility. The press releases shall be mailed or delivered simultaneously
with filing of the application. (5-8-09)
05. Filing of a Press Release and Customer Notice. A copy of the press release and
customer notice shall be filed with the application. (5-8-09)
06. Purposes and Effects of This Rule. The purposes of Subsections 125.01 through
125.05 of this rule are to encourage wide dissemination to customers of information concerning
proposed rate changes for utility services. It is not a purpose of these subsections to create due
process or other procedural rights in customers by expanding, contracting, or otherwise
modifying the notice and due process rights of customers under the Public Utilities Law and the
Commission’s Rules of Procedure, IDAPA 31.01.01. Accordingly, Subsections 125.01 through
125.05 of this rule create no individual procedural rights in any customer for notice that would
give rise to a due process or other procedural claim cognizable by the Commission, but failure to
comply with Subsections 125.01 through 125.05 of this rule can be grounds for returning an
application for incompleteness. (5-8-09)
[Adopted, O.N. 15518; recodified, O.N. 17744; amended, G.O. 170; amended, G.O. 177; amended and moved from
31.21.02.102, 31-0101-0801; amended, 31-0101-1001; amended, 31-0101-1301.]
Cross Reference: 39; Rule 31.21.01.005.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-34- Revised: 4/1/14
126. APPLICATION TO APPROVE INTERCONNECTION AGREEMENTS (Rule
126).
01. Uncontested Agreements. A telephone corporation 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,
http://www.fcc.gov/telecom.html. 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. (5-8-09)
02. Contested Agreements. Petitions to arbitrate, mediate or otherwise resolve
interconnection disputes between or among telecommunication carriers shall be processed under
Rule 53. (3-16-04)
[Adopted, 31-0101-0301; amended and renumbered from Rule 135, 31-0101-0801.]
Federal Reference: Section 252, Telecommunications Act of 1996
Cross Reference: Rule 53.
127. 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. (3-16-04)
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 of the workshop within the area served by the public utility. The notice
shall also be posted on the Commission’s website. (3-16-04)
03. Exemptions. The requirements of Subsection 127.01 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. (5-8-09)
[Adopted, 31-0101-0301; amended and renumbered from Rule 125, 31-0101-0801.]
Statutory Reference: Idaho Code §§ 56-904, 62-610, 62-610F.
128. -- 130. (RESERVED).
TARIFF SCHEDULES
RULES 131 THROUGH 140
131. FORM OF TARIFFS (Rule 131).
Tariff schedules of utilities must show the designation “Idaho Public Utilities Commission” on
their title page. A blank space approximately three by one and one-half inches (3” x 1-1/2”) must
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-35- Revised: 4/1/14
be provided for the Commission’s stamp of approval in the upper right or lower right corner of
each schedule filed. (4-5-00)
[Adopted as Rule 17.1, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 202.]
Cross Reference: Rules 121, 132, 133, 134.
132. NUMBER OF TARIFF COPIES FILED (Rule 132).
The Commission encourages public utilities to file their tariff schedules via electronic mail.
(3-16-04)
01. Electronic Tariffs. For electronically filed tariffs, each utility shall submit its tariff
schedules prepared in searchable Adobe Acrobat in portable document format (PDF) as an
attachment to an e-mail message sent to the Commission Secretary at: secretary@puc.idaho.gov.
Electronic tariff schedules may also be submitted as PDF documents on appropriately formatted
CD-ROM or other electronic storage format approved by the Commission Secretary. (5-8-09)
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. (3-16-04)
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. (3-16-04)
[Adopted as Rule 17.2, G.O. 155; amended and recodified, G.O. 163; amended, 31-0101-0301; amended, 31-0101-
0801.]
Cross Reference: Rules 121, 131, 133, 134.
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. (7-1-93)
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 in the
minutes of the Commission’s decision meetings or by minute entry after Staff review without
further order. (5-8-09)
03. Motions with Regard to Tariffs Submitted Pursuant to Order. If the
Commission has approved tariffs, parties or persons contending that approved tariffs are
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-36- Revised: 4/1/14
inconsistent with the Commission’s orders may file appropriate motions asking that approval be
reviewed. (7-1-93)
[Adopted, G.O. 163; amended, G.O. 182; amended, 31-0101-0301; amended, 31-0101-0801.]
Cross Reference: Rules 56, 131, 132, 134.
134. TARIFF ADVICES (Rule 134).
01. Tariff Advices Authorized. Public utilities may file tariffs adding new or
modifying existing services, providing for new or modified rules, or otherwise making minor
changes to existing schedules by tariff advice. The tariff advice must include a letter of
transmittal from the utility listing all tariff pages changed or added by the tariff advice and
stating briefly the reason for filing the tariff advice. If existing tariffs are changed, the advice
must contain two (2) copies of each changed page: one showing all the changes with appropriate
symbols for deletions, additions, etc., and one showing the pages after the changes as they will
appear in the proposed new tariffs. (7-1-93)
02. Filing of Tariff Advice. No tariff advice can be effective unless notice is given to
the Commission and the public pursuant to Sections 61-307 and 61-622, Idaho Code. If the tariff
advice proposes an effective date fewer than thirty (30) days after it is filed, the effective date of
the tariff is delayed until thirty (30) days after the tariff advice is filed by operation of Sections
61-307 and 61-622, Idaho Code, unless the Commission by order approves an earlier effective
date for good cause shown. In the absence of an order approving or suspending the tariff advice,
the tariff advice not suspended or approved goes into effect thirty (30) days after filing or on the
proposed effective date, whichever is later. If no effective date is proposed for the tariff advice,
the tariff advice does not go into effect until approved by order or minute entry. If a tariff advice
is suspended, the Commission will open a formal proceeding and treat the tariff advice as an
application. (7-1-93)
03. Ex Parte Action. Ordinarily, the Commission acts upon tariff advices with the
assistance of a written ex parte recommendation of the Commission Staff. The Commission acts
upon tariff advices at its open meetings. (5-8-09)
[Adopted, G.O. 182; amended, 31-0101-0801.]
Statutory Reference: Idaho Code §§ 61-307, 61-622.
Cross Reference: Rules 123, 131, 132, 133, 321.
135. -- 140. (RESERVED).
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-37- Revised: 4/1/14
APPLICATIONS FOR APPROVAL TO ISSUE SECURITIES
RULES 141 THROUGH 150
141. FORM AND CONTENTS OF APPLICATION TO ISSUE SECURITIES (Rule
141).
Except as provided in Rule 142, 147 or Section 61-909, Idaho Code, any utility applying to issue
securities under Sections 61-901 through 61-904, Idaho Code, must submit an application with
the following information: (4-5-00)
01. Description. A general description of the applicant’s field of operations. (7-1-93)
02. A Full Description of the Securities. Including the proposed: (7-1-93)
a. Amount; (7-1-93)
b. Interest or dividend rates; (7-1-93)
c. Date of issue (or statement that the securities will be a shelf registration); (7-1-93)
d. Date of maturity; (7-1-93)
e. Voting privileges; (7-1-93)
f. Call or redemption provisions; and (7-1-93)
g. Sinking fund or other provisions for securing payment. (7-1-93)
03. A Statement of the Proposed. (7-1-93)
a. Method of marketing; (7-1-93)
b. Terms of sale; (7-1-93)
c. Underwriting discounts or commissions; (7-1-93)
d. Sale price; and (7-1-93)
e. Net proceeds to the applicant, including itemized statements of all fees and
expenses (estimated if not known) to be paid in connection with the proposed transaction.
(7-1-93)
04. A Statement of the Purposes. Statement of the purposes for which the proceeds
from the securities will be used, including: (7-1-93)
a. A description of the property to be acquired or constructed and a statement of its
cost or value (estimated if not known); (7-1-93)
b. A description of obligations to be refunded or expenditures for which
reimbursement is intended; or (7-1-93)
c. Other information advising the Commission of the nature and purposes of the
proposed transaction. (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-38- Revised: 4/1/14
05. Statement of Explanation. A statement explaining why the proposed transaction is
consistent with the public interest and necessary or appropriate for or consistent with the
applicant’s proper performance of service as a public utility. (7-1-93)
06. Financial Statement. A financial statement showing the authorized and
outstanding classes of the applicant’s securities and certified copies of the resolutions of
stockholders or directors authorizing the proposed transaction and other instruments relating to
the transaction. (7-1-93)
07. Proposed Order. A proposed order granting the application, captioned proposed
order of applicant, suitable for adoption by reference if the application is granted. (7-1-93)
08. Statement of Public Notice Application. A statement that notice of the application
has been published in those newspapers in general circulation in the applicant’s service area in
Idaho or nearest applicant’s service area in Idaho or will be published within seven (7) days of
the application. These newspapers are: the Coeur d’Alene Press (Coeur d’Alene), the Idaho
Business Review (Boise), the Idaho State Journal (Pocatello), the Idaho Statesman (Boise), the
Lewiston Morning Tribune (Lewiston), the Post Register (Idaho Falls), the Preston Citizen
(Preston), the Bonner County Daily Bee (Sandpoint), and the Times News (Twin Falls). The
Commission may require the applicant to furnish further necessary information. (7-1-93)
[Adopted as Rule 18.1, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 202.]
Statutory Reference: Idaho Code §§ 61-901 through 61-904, 61-609.
Cross Reference: Rules 52, 53, 61, 62, 142, 145, 146, 147.
142. APPLICATIONS FILED WITH OTHER AGENCY (Rule 142).
If the applicant files a similar application with any federal or other state agency, it may file a
copy of the federal or other state application in lieu of the application required by this rule. The
Commission may require the applicant to furnish further necessary information. (7-1-93)
[Adopted as Rule 18.2, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rule 141.
143. REPORTS (Rule 143).
When the information becomes available, the applicant must file with the Commission a verified
report or a copy of a verified report filed with another regulatory agency showing the amount
realized by the applicant, including the itemized costs and expenses incurred in connection with
the transaction. (7-1-93)
[Adopted as Rule 18.3, G.O. 155; amended and recodified, G.O. 163.]
144. HEARING – MODIFIED PROCEDURE – SUMMARY ACTION (Rule 144).
The Commission may consider applications to issue securities without hearing, place the matter
on modified procedure, or set the matter for formal hearing. (7-1-93)
[Adopted as Rule 14.4, G.O. 155; amended and recodified, G.O. 163.]
Statutory Reference: Idaho Code § 61-902.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-39- Revised: 4/1/14
145. REQUESTS FOR EXPEDITIOUS ACTION (Rule 145).
If a pleading requests the Commission to issue an order authorizing issuance of securities sooner
than thirty (30) days after initial filing with the Commission, each copy of the pleading making
that request must be accompanied by a cover letter stating the following:
ATTENTION COMMISSION SECRETARY AND HEAD LEGAL SECRETARY:
(Name of party) requests that the Commission issue an
Order approving issuance of these securities on or before (date).
(4-5-00)
[Amended, G.O. 202.]
146. FEES MUST BE PAID BEFORE ORDER ISSUED (Rule 146).
No orders authorizing security issuances will be issued until fees required by Section 61-905,
Idaho Code, are paid. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code § 61-905.
147. EXEMPTION (Rule 147).
Pursuant to Section 61-909, Idaho Code, the Commission may, by order, exempt any security or
a class of security or a class of public utility from the provisions of Sections 61-902 through 61-
905, Idaho Code, if it finds the public interest will not be adversely affected. See Commission
Order No. 26959. (4-5-00)
[Adopted, G.O. 202.]
Statutory Reference: Idaho Code § 61-902 through 61-905, 61-909.
Commission Order Reference: O.N. 26959.
148. -- 150. (RESERVED).
CABLE POLE ATTACHMENTS
RULES 151 THROUGH 160
151. TIMETABLE FOR DECISION – CABLE POLE ATTACHMENT
PROCEEDINGS (Rule 151).
Whenever a public utility, as defined in Section 61-538, Idaho Code, and a cable television
company, as defined in Section 61-538, Idaho Code, are unable to agree upon the rates, terms, or
conditions for pole attachments or the terms, conditions, or cost of production of space needed
for pole attachments, and either the public utility or the cable television company files an
application, complaint, or petition asking the Commission to establish and regulate rates, terms,
or conditions, the Commission shall decide the case within thirty (30) days; provided, the
Commission shall have the right, upon reasonable notice, to enter upon a hearing concerning the
propriety of such proposed rate, term, or condition and to extend its period for considering the
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-40- Revised: 4/1/14
application, complaint, or petition an additional thirty (30) days plus five (5) months and, for
good cause shown on the record, an additional sixty (60) days. (7-1-93)
Statutory Reference: Idaho Code § 61-538.
152. RULES OF PROCEDURE TO BE USED (Rule 152).
These Rules of Procedure apply to all proceedings concerning the rates, terms, or conditions for
cable pole attachments, provided, that any such proceeding, whether denominated an application,
complaint or petition, shall be processed according to the timetable of Rule 151. (7-1-93)
Cross Reference: Rule 151.
153. -- 160. (RESERVED).
APPLICATIONS FOR INTERVENOR FUNDING
RULES 161 THROUGH 170
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 three million five hundred thousand dollars ($3,500,000),
intervenors may apply for intervenor funding. (3-16-04)
[Amended, 31-0101-0301.]
162. FORM AND CONTENTS OF PETITION FOR INTERVENOR FUNDING (Rule
162).
A petition for intervenor funding must contain the following: (2-15-14)
01. Itemized List of Expenses. An itemized list of expenses that the intervenor
requests to recover broken down into categories such as legal fees, witness fees, or reproduction
fees. Legal and witness fees shall, where applicable, indicate hourly rates. (4-5-00)
02. Statement of Proposed Findings. A statement of the intervenor’s proposed finding
or recommendation that the intervenor wishes the Commission to adopt. (7-1-93)
03. Statement Showing Costs. A statement showing that the costs that the intervenor
proposes to recover are reasonable in amount. (7-1-93)
04. Explanation of Cost Statement. A statement explaining why the costs described in
Rule 162.01 constitute a significant financial hardship for the intervenor. (4-5-00)
05. Statement of Difference. A statement showing how the intervenor’s proposed
finding or recommendation in the case differs materially from the testimony and exhibits of the
Commission Staff. (4-5-00)
06. Statement of Recommendation. A statement showing how the intervenor’s
recommendation or position addressed issues of concern to the general body of utility users or
consumers, and (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-41- Revised: 4/1/14
07. Statement Showing Class of Customer. A statement showing the class of
customer on whose behalf the intervenor appeared. (7-1-93)
[Adopted, G.O. 163A; amended, G.O. 202; amended, 31-0101-1301.]
Statutory Reference: Idaho Code § 61-617A.
163. PROHIBITION ON APPLICATION BY COMPETITOR (Rule 163).
No intervenor in direct competition with a public utility involved in a proceeding is entitled to
intervenor funding for that proceeding. (7-1-93)
[Adopted, G.O. 163A.]
Statutory Reference: Idaho Code § 61-617A.
164. TIME TO APPLY (Rule 164).
Unless otherwise provided by order, an intervenor requesting intervenor funding must apply no
later than fourteen (14) days after the last evidentiary hearing in a proceeding or the deadline for
submitting briefs, proposed orders, or statements of position, whichever is last. Motions in
opposition to intervenor funding must be filed within fourteen (14) days after the request for
intervenor funding is filed. (7-1-93)
[Adopted, G.O. 163A; amended, G.O. 182.]
Cross Reference: Rules 161, 162, 163, 165.
165. AWARDS (Rule 165).
01. Order Awarding Intervenor Funding. The Commission may by order award
intervenor funding pursuant to Section 61-617A, Idaho Code. The total award for all intervening
parties combined shall not exceed forty thousand dollars ($40,000) in any proceeding. The
Commission must find that: (3-16-04)
a. The intervenor’s presentation materially contributed to the Commission’s decision,
(7-1-93)
b. The costs of intervention awarded are reasonable in amount, (7-1-93)
c. The costs of intervention were a significant hardship for the intervenors, (7-1-93)
d. The recommendations of the intervenor differed materially from the testimony and
exhibits of the Commission Staff, and (7-1-93)
e. The intervenor addressed issues of concern to the general body of users or
consumers. (7-1-93)
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. (7-1-93)
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
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-42- Revised: 4/1/14
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.
(7-1-93)
[Adopted, G.O. 163A; amended, 31-0101-0301.]
Statutory Reference: Idaho Code § 61-617A.
Cross Reference: Rules 161, 162, 163, 164.
166. -- 200. (RESERVED).
PART 3 – POST-PLEADING PROCEDURE
RULES 201 THROUGH 300
MODIFIED PROCEDURE
RULES 201 THROUGH 210
201. SCOPE OF MODIFIED PROCEDURE (Rule 201).
The Commission may preliminarily find that the public interest may not require a hearing to
consider the issues presented in a proceeding and that the proceeding may be processed under
modified procedure, i.e., by written submissions rather than by hearing. (4-5-00)
[Adopted as Rule 13.1, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 202.]
Cross Reference: Rules 202, 203, 204.
202. NOTICE OF MODIFIED PROCEDURE (Rule 202).
01. Notice of Modified Procedure. When the Commission finds that it may not be in
the public interest to hold a hearing in a matter, notice of modified procedure will be issued. It
will: (7-1-93)
a. Describe the issues presented in the proceeding, (7-1-93)
b. Summarize the moving party’s justification for the proposed changes and its
position, (7-1-93)
c. State that the Commission finds that it may be in the public interest not to hold a
hearing in the proceeding and will not do so unless it receives written protests or comments
opposing the use of modified procedure and stating reasons why modified procedure should not
be used, and (7-1-93)
d. Establish the deadline for filing written protests or comments, and a reply by the
moving party. (5-8-09)
02. Distribution of Notice. Copies of the notice of modified procedure will be
provided to all interested persons, including newspapers, municipalities, counties, and chambers
of commerce located within the territorial scope of the application, petition or complaint whose
readers, citizens or members may be affected by the proceedings and to all parties. Unless
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-43- Revised: 4/1/14
otherwise provided by the notice of modified procedure, all interested persons will have at least
twenty-one (21) days from the date of the notice to file a written protest or comment. (4-5-00)
[Adopted as Rule 13.2, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 202; amended, 31-0101-0801.]
Cross Reference: Rules 17, 39, 201, 203.
203. PROTESTS AND COMMENTS (Rule 203).
Any person affected by the proposal of the moving party may file a written protest, support or
comment before the deadline of the notice of modified procedure. Protests, supports and
comments must contain a statement of the reasons for the protest, support or comment, but need
not ask for a hearing. Persons desiring a hearing must specifically request a hearing in their
written protests or comments. A copy of the person’s protest, support or comment must be
served on the representative of the moving party. (4-5-00)
[Adopted as Rule 13.3, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 202.]
Cross Reference: Rules 201, 202.
204. ACTION BY COMMISSION (Rule 204).
If no protests, supports or comments are received within the deadline, the Commission may
consider the matter and enter its order without a hearing. If protests, supports, comments or a
reply are filed within the deadlines, the Commission will consider them and may set the matter
for hearing or may decide the matter and issue its order on the basis of the written positions
before it. (5-8-09)
[Adopted as Rule 13.4, G.O. 155; amended and recodified, G.O. 163; amended, 31-0101-0801.]
Cross Reference: Rules 201, 202, 203.
205. -- 210. (RESERVED).
PREHEARING CONFERENCES
RULES 211 THROUGH 220
211. PURPOSES OF PREHEARING CONFERENCES (Rule 211).
The Commission may by order or notice issued to all parties and to all interested persons as
defined in Rule 39 convene a prehearing conference for the purposes of formulating or
simplifying the issues, obtaining concessions of fact or of identification documents to avoid
unnecessary proof, scheduling discovery, arranging for the exchange of proposed exhibits or
prepared testimony, limiting witnesses, scheduling hearings, establishing procedure at the
hearings, discussing settlement offers or making settlement offers, and addressing other matters
that may expedite orderly conduct and disposition of the proceeding or its settlement. (7-1-93)
[Adopted as Rule 8.1, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 182.]
Cross Reference: Rules 39, 212, 213, 214, 215, 245, 271, 272, 273, 274, 275, 276, 277.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-44- Revised: 4/1/14
212. NOTICE OF PREHEARING CONFERENCES (Rule 212).
Notice of the place, date and hour of a prehearing conference will be served at least fourteen (14)
days before the time set for the conference, unless the Commission finds by order that the public
necessity requires the conference to be held earlier. Notices for prehearing conferences must
contain the same information as notices of hearing with regard to the Commission’s obligations
under the Americans with Disabilities Act. See Rule 242. (7-1-93)
[Adopted as Rule 8.2, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rule 242.
213. RECORD OF CONFERENCE (Rule 213).
Prehearing conferences may be held formally (on the record) or informally (off the record)
before or in the absence of a Commissioner or hearing examiner, according to order or notice.
Agreements by the parties to the conference may be recorded by the reporter during formal
conferences or may be reduced to writing and filed with the Commission Secretary after formal
or informal conferences. (7-1-93)
[Adopted as Rule 8.2, G.O. 155; amended and recodified, G.O. 163.]
214. ORDERS RESULTING FROM PREHEARING CONFERENCES (Rule 214).
The Commission may issue a prehearing order or notice based upon the results of the agreements
reached at a prehearing conference. The order or notice will bind all persons who could have
participated in the prehearing conference, but did not, and all those who later file untimely
interventions. A prehearing order will control the course of subsequent proceedings unless
modified by the Commission for good cause. (7-1-93)
[Adopted as Rule 8.2, G.O. 155; amended and recodified, G.O. 163.]
215. 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. (3-16-04)
[Adopted as Rule 8.4, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 182; amended, 31-0101-0301.]
Cross Reference: Rules 211, 212, 213, 214, 271, 272, 273, 274, 275, 276, 277.
216. -- 220. (RESERVED).
DISCOVERY – RELATED PREHEARING PROCEDURE
RULES 221 THROUGH 240
221. KINDS AND SCOPE OF DISCOVERY LISTED (Rule 221).
The kinds of discovery recognized and authorized by these rules are: (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-45- Revised: 4/1/14
01. Depositions. (7-1-93)
02. Production Requests or Written Interrogatories. (7-1-93)
03. Requests for Admission. (7-1-93)
04. Subpoenas. (7-1-93)
05. Statutory Examination and Audit. Unless otherwise provided by these rules,
order, or notice, the scope and procedure of discovery, other than statutory examination and
audit, is governed by the Idaho Rules of Civil Procedure. (See Idaho Rule of Civil Procedure
26(b)). (7-1-93)
[Adopted, G.O. 163.]
Court Rule Reference: I.R.C.P. 26(b).
222. DISCOVERY AUTHORIZED (Rule 222).
The Commission, individual Commissioners, and all parties to a proceeding have a right of
discovery of all other parties to a proceeding. The Commission may by order authorize or
compel necessary discovery not listed in these rules. (7-1-93)
[Adopted, G.O. 163.]
223. RIGHTS TO DISCOVERY RECIPROCAL (Rule 223).
All parties to a proceeding and the Commission Staff have a right of discovery of all other
parties to the proceeding and the Commission Staff according to these rules. The Commission
may by order direct further discovery not provided by these rules. (7-1-93)
224. DEPOSITIONS (Rule 224).
Depositions may be taken in accordance with Section 61-605, Idaho Code, and the Idaho Rules
of Civil Procedure for any purpose allowed by statute, Idaho Rule of Civil Procedure, rule of the
Commission, order or notice. Depositions may be taken of expert witnesses notwithstanding
contrary provisions of the Idaho Rules of Civil Procedure. Depositions rather than production
requests or written interrogatories should be used to obtain statements of opinion or policy not
previously written or published. Unless otherwise provided by order or notice or agreed to by the
deponent or the deponent’s attorney, notice of deposition must be given at least fourteen (14)
days before deposition is taken. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code § 61-605.
Court Rule Reference: I.R.C.P. 26(b), 27, 28, 29, 30, 32.
Cross Reference: Rules 17, 61, 62, 63, 64, 221, 222, 227, 229, 233, 234.
225. PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND
REQUESTS FOR ADMISSION (Rule 225).
01. When Requests May Be Used. Production requests or written interrogatories and
requests for admission may be taken in accordance with the Idaho Rules of Civil Procedure for
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-46- Revised: 4/1/14
any purpose allowed by statute, Idaho Rule of Civil Procedure, rule of the Commission, order or
notice, except: (7-1-93)
a. Production requests or written interrogatories should not be used to obtain
statements of opinion or policy not previously written or published and may be objected to on
that ground; and (7-1-93)
b. Requests for admission concerning a matter of opinion or policy or the application
of law, order or rule to fact may be denied generally and the reasons for denial required to be
discovered by deposition rather than by request for admission, but a request for admission on any
matter of opinion or policy or application of law to fact on an uncontested matter must be
answered. (7-1-93)
02. Form of Requests. The caption of a production request or written interrogatory and
of a request for admission must identify the party making the request or interrogatory, the party
to whom the request or interrogatory is directed, and the number of the request or interrogatory
to that party. Separate questions within a production request or written interrogatory or within a
request for admission must be numbered consecutively within the request or interrogatory and
consecutively with earlier production requests or written interrogatories and requests for
admission, respectively, from the same party submitting the questions to the same party
answering them. For example, if the last question of the Third Production Request of the
Commission Staff to XYZ Electric Company is numbered 33, the first question of the Fourth
Production Request of the Commission Staff to XYZ Electric Company must be numbered 34.
But, if the Staff’s next production request is its first to intervenor ABC Company, that request
must begin with question one to that intervenor. (7-1-93)
03. Time for Objection and Answer. Unless otherwise provided by order, notice, or
these rules, or pursuant to agreement with or acquiescence of the answering party, parties have at
minimum fourteen (14) days to object or explain why a question cannot be answered according
to this rule and twenty-one (21) days to answer. (5-8-09)
04. Numbers of Requests. The number of production requests or written
interrogatories and of requests for admission and individual questions or subparts in them may be
limited by order, notice or rule of the Commission, but are not limited by the provisions of the
Idaho Rules of Civil Procedure. (7-1-93)
[Adopted, G.O. 163; amended, G.O. 163D; amended, 31-0101-0801.]
Statutory Reference: Idaho Code § 61-605.
Court Rule Reference: I.R.C.P. 31, 32, 33
Cross Reference: Rules 17, 61, 62, 63, 64, 221, 222, 224, 228, 229, 232.
226. SUBPOENAS (Rule 226).
01. Issuance of Subpoenas. Upon a motion in writing, or upon a Commissioner’s own
initiative without motion, any Commissioner may issue subpoenas: (7-1-93)
a. Requiring the attendance of a witness from any place in Idaho; (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-47- Revised: 4/1/14
b. The production of documents from any place in Idaho; or (7-1-93)
c. The production of any books, accounts, papers or records of a utility or carrier kept
within or without Idaho to any designated place of deposition, hearing or investigation for the
purpose of taking testimony or examining documents before the Commission, a Commissioner
or hearing examiner. (7-1-93)
02. Witness or Travel Fees. A party’s motion to issue a subpoena must be
accompanied by a statement that the party will tender to the subpoenaed person all fees required
by statute and rules if the subpoena is issued. (7-1-93)
03. Motions to Quash. The Commission upon motion to quash made promptly, and in
any event, before the time to comply with the subpoena, may: (7-1-93)
a. Quash the subpoena, or (7-1-93)
b. Condition denial of the motion to quash upon reasonable terms. (7-1-93)
[Adopted as Rule 9.14, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 182.]
Statutory Reference: Idaho Code §§ 61-602, 61-603, 61-604, 61-610, 61-611.
Case Reference: Federal Mining and Smelting Company v. Public Utilities Commission of Idaho, 26 Idaho 391, 143 P. 1173
(1926).
Cross Reference: Rules 16, 56, 61, 62, 63, 64.
227. STATUTORY EXAMINATION AND AUDIT – CONTRASTED WITH OTHER
DISCOVERY (Rule 227).
Statutory examination and audit refers to the right of the Commission, an individual
Commissioner, or an authorized member of the Commission Staff to review and inspect the
books, records and premises of regulated utilities and carriers pursuant to statute. This right of
statutory examination and audit is independent of any right of discovery in formal proceedings
and may be exercised whether or not a regulated utility or carrier is party to a formal proceeding
before the Commission. Information obtained from statutory examination and audit may be used
in formal proceedings or for any other regulatory purpose. The rights of deposition, production
request or written interrogatory, request for admission, and subpoenas can be used by parties
only in connection with formal proceedings before the Commission. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-401, 61-402, 61-403, 61-404, 61-405, 61-406, 61-501, 61-505, 61-610, 61-611, 61-
1003, 62-304, 62-305, 62-308, 62-1207.
Cross Reference: Rules 221, 222, 224, 225, 233.
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: (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-48- Revised: 4/1/14
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. (7-1-93)
b. Answers involving data compiled by computer may be transmitted in computer-
readable form (e.g., by 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. (3-16-04)
02. Filing of Answers. Except as provided in Rule 228.01, 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’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 full in that document.
(7-1-93)
[Adopted, G.O. 163; amended, G.O. 163A; amended, 31-0101-0301.]
Court Rule Reference: I.R.C.P. 33, 36.
Cross Reference: Rules 61, 62, 63, 64, 224, 225, 227, 229, 233.
229. FILING AND SERVICE OF DISCOVERY AND RELATED DOCUMENTS (Rule
229).
Notices of deposition, production requests or written interrogatories, requests for admission,
answers to production requests or written interrogatories, answers to requests for admission,
explanations in lieu of answers under Rule 228.01, and objections to discovery shall be filed with
the Commission Secretary and copies served on all parties according to Rules 61, 62, 63, and 64.
(5-8-09)
[Adopted, G.O. 163; amended, 31-0101-0801.]
Cross Reference: Rules 61, 62, 63, 64, 224, 225, 227, 228.
230. EXHIBIT NUMBERS – PREPARED TESTIMONY AND EXHIBITS (Rule 230).
The Commission Secretary assigns exhibit numbers to each party. Applicants, petitioners, or
complainants are assigned exhibit nos. 1-100. If the Commission is complainant, the Staff is
assigned exhibit nos. 1-100. In all other cases, the Staff is assigned exhibit nos. 101-200.
Respondents and intervenors are assigned exhibit nos. 201-300, 301-400, etc., as they make their
first pleading, but the lower series are reserved first for respondents, then for intervenors. These
assigned numbers should be used in all prepared testimony. (7-1-93)
[Adopted, G.O. 163; amended, G.O. 163A; amended, G.O. 182.]
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-49- Revised: 4/1/14
231. PREPARED TESTIMONY AND EXHIBITS (Rule 231).
01. Prepared Testimony May Be Required. Order, notice or rule may require a party
or parties to submit prepared testimony and exhibits to be presented at hearing. (7-1-93)
02. Format for Prepared Testimony. (7-1-93)
a. Prepared testimony and exhibits must be accompanied by a cover sheet showing the
case caption and case title, the person testifying, the party for whom the testimony is offered, and
the nature of the testimony (direct, rebuttal, etc.). (7-1-93)
b. The first page of prepared testimony should contain testimony only (i.e., it should
begin with the first question to the witness and not repeat the information on the cover page).
(7-1-93)
c. Prepared testimony must be submitted on white eight and one-half by eleven inch
(8-1/2” x 11”) paper, be double-spaced (except for quoted material and tables or other collections
of numerical data), and contain no more than ten (10) characters per inch and no less than
twenty-five (25) lines of double-spaced testimony or more than thirty (30) lines per page. Each
page may be printed on the front and back (duplexed). (4-7-11)
d. Each line of prepared testimony must be numbered at the left margin (except single
spaced quotations or tables of numerical data, which may be numbered at the left margin as
though they were double spaced). Each page of testimony must have a one and one-half (1-1/2)
inch left margin that will allow the page to be bound on its left side without obscuring the printed
material. Indentations for paragraphing and for “Q” and “A” must be seven (7) spaces. (7-1-93)
e. Each page of prepared testimony must be numbered at the lower right corner and
must be blank in the center of the bottom margin to allow the reporter to insert transcript page
numbers there. Each page of prepared testimony must have at least a one-inch (1”) top and
bottom margin. (7-1-93)
f. Each page of prepared testimony must contain the witness’s surname followed by
the designation “Di” (signifying direct testimony) or “Di-Reb” (signifying direct testimony on
rebuttal) and the name of the party sponsoring the testimony printed in the lower right margin.
For example, the marginal notation on page 5 of the testimony of the witness Lynn Accountant
of ABC Company would be:
5
Accountant, Di or Accountant, Di 5
ABC Company ABC Company
(7-1-93)
03. References to Exhibits. All references to exhibits in prepared testimony must refer
to the exhibits by their number as assigned by the Commission Secretary. Exhibits
accompanying prepared testimony must be consecutively numbered from the first exhibit
number assigned to the party by the Commission Secretary if the party has not previously
identified exhibits, or from the highest exhibit number previously identified by that party.
Exhibits must be filed on eight and one half by eleven inch (8-1/2” x 11”) paper unless it is
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-50- Revised: 4/1/14
impractical to make them that size. Exhibits accompanying prepared testimony must comply
with Rule 267. (7-1-93)
04. Number of Copies – Filing and Service. Unless otherwise provided by order,
notice or agreement of the parties, nine (9) legible copies of prepared testimony and exhibits
must be filed with the Commission Secretary and copies filed on all parties pursuant to Rules 61,
62, 63 and 64 at least fourteen (14) days before the hearing at which they will be presented. The
original, if there is an original, or one of the copies, if there is not, must be specifically
designated as the reporter’s copy by cover sheet, attached note or otherwise, and be included
with the copies filed with the Commission Secretary. In special circumstances, notice or order
may provide that the reporter’s copy of prepared testimony and exhibits be served directly on the
reporter rather than the Commission Secretary. (7-1-93)
05. Computer-Searchable Copies of Testimony. In addition to the paper copies of
prepared testimony, the Commission Secretary may also require or the parties may agree that
some or all of the prepared testimony to be submitted to the Secretary, parties and the reporter in
computer searchable CD-ROM without password protection. The CD-ROM shall be in Adobe
Acrobat (PDF) or other searchable format agreed upon by the reporter and the parties. Each CD-
ROM shall be labeled with the Commission’s case number, case name, the name of each witness
and the sponsoring party. (4-7-11)
[Adopted, G.O. 163; amended, G.O. 163A; amended, G.O. 182, amended, G.O. 202; amended, 31-0101-0801;
amended, 31-0101-1001.]
Cross Reference: 61, 62, 63, 64, 267.
232. SANCTIONS FOR FAILURE TO OBEY ORDER COMPELLING DISCOVERY
(Rule 232).
The Commission may impose all sanctions recognized by the Public Utilities Law for failure to
comply with an order compelling discovery. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-604, 61-701, et seq.
Court Rule Reference: I.R.C.P. 37.
Cross Reference: Rules 57, 224, 225, 227, 228.
233. ASSERTIONS THAT DISCOVERED MATERIAL IS PROTECTED FROM
PUBLIC INSPECTIONS – PROCEDURES (Rule 233).
01. Assertion of Protection. Whenever any party to a request for discovery believes
that material otherwise discoverable is protected by statute or rule of law from inspection,
examination or copying by the general public, the attorney for the party asserting the material is
protected by law from inspection, examination or copying must state that the answer or some
portion of it is protected, citing the specific statute or other legal authority for that position. The
attorney’s assertion constitutes a representation that the attorney is familiar with the material
claimed not to be available for public inspection, examination and copying and in good faith
believes there is a basis in law for that claim. (4-5-00)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-51- Revised: 4/1/14
02. Procedures. When an answer contains material, some of which is protected by law
from public inspection, examination, and copying and some of which is not, the protected
material must be reproduced on yellow paper and separated from material available for public
review. Each page of the material exempt from public review must be marked “Trade Secrets”
or “Confidential.” All material exempt from public review shall be filed with the Commission
Secretary and served on all parties under seal pursuant to Rule 229. Material exempt from public
review shall be separately stored in a secure location with limited access and safeguarded from
unauthorized disclosure. All material for which no assertion of protection against public
inspection, examination and copying is made will be placed in files available for public
inspection. (5-8-09)
[Adopted, G.O. 182; amended, G.O. 202; amended, 31-0101-0801.]
Statutory Reference: Idaho Code § 9-340.
Cross Reference: Rules 224, 225, 227, 228, 229.
234. ASSERTION OF RIGHT AGAINST SELF-INCRIMINATION DURING
DISCOVERY – IMMUNITY (Rule 234).
01. Assertion of Right. During discovery any person may assert the right not to testify
or not to produce documents upon the ground that the testimony or production of documents may
tend to incriminate the person or subject him or her to penalty or forfeiture. (7-1-93)
02. Granting of Immunity. The Commission or any Commissioner may direct that
person to testify or produce documents by written order or upon the record at hearing. In such
case, that person shall not be prosecuted, punished or subjected to any forfeiture or penalty for or
on account of any act, transaction, matter or thing concerning which he or she shall under oath
have testified or produced documentary evidence: provided, that no person so testifying shall be
exempt from prosecution or punishment for any perjury committed in that testimony. (7-1-93)
03. No Immunity Without Assertion of Right. No immunity is granted under this rule
or under Section 61-606, Idaho Code, in the absence of a specific assertion of the persons’ rights
under Section 61-606, Idaho Code, and the Commission’s or a Commissioner’s written order or
direction on the record at hearing compelling the person to testify or produce written documents
and immunizing the person from prosecution, punishment, forfeiture or penalty according to this
rule and Section 61-606, Idaho Code. No immunity granted under this rule or Section 61-606,
Idaho Code, shall extend to any public utility. (7-1-93)
[Adopted, G.O. 163C.]
Statutory Reference: Idaho Code § 61-606.
Cross Reference: Rule 259.
235. -- 240. (RESERVED).
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-52- Revised: 4/1/14
HEARINGS – MISCELLANEOUS PROCEDURE
RULES 241 THROUGH 260
241. NOTICE OF HEARING (Rule 241).
01. Timing of Notice. Notice of the place, date and hour of hearing will be served at
least fourteen (14) days, or in the case of formal complaints, twenty-one (21) days, before the
time set for hearing, unless the Commission finds by order that the public necessity requires the
hearing to be held earlier. (7-1-93)
02. Contents of Notice. Notices must comply with Rule 242’s requirements. Notices
must list the names of the parties (or the lead parties if the parties are too numerous to name), the
case number, and the name of the hearing officer who will conduct the hearing if the case will
not be heard by one (1) or more Commissioners. If no document previously issued by the
Commission has listed the legal authority of the Commission to conduct the hearing, the notice
of hearing must do so. The notice of hearing shall state that the hearing will be conducted under
these rules of procedure and inform the parties where they may read or obtain a copy. (7-1-93)
03. Locations of Hearing. Hearings may be held in Boise, Idaho, or at other places
designated by notice or order. (7-1-93)
04. Types of Formal Hearings. The Commission generally conducts two (2) types of
formal public hearings. (5-8-09)
a. A technical hearing is a public hearing where parties present witnesses and their
prepared testimony and exhibits. (5-8-09)
b. A customer hearing is a public hearing for customers, public officials, and other
persons not related to parties in the case to provide testimony. Unless otherwise ordered by the
presiding officer, parties are prohibited from presenting evidence at the customer hearing.(5-8-09)
[Adopted as Rule 9.1, G.O. 155; amended and recodified, G.O. 163; amended, 31-0101-0801.]
Statutory Reference: Idaho Code §§ 61-211, 61-328, 61-404, 61-502, 61-503, 61-504, 61-505, 61-506, 61-508, 61-509, 61-510,
61-511, 61-513, 61-514, 61-515, 61-520, 61-525, 61-526, 61-527, 61-528, 61-530, 61-532, 61-601, 61-
603, 61-604, 61-605, 61-606, 61-613, 61-615, 61-616, 61-617, 61-618, 61-619, 61-622, 61-624, 61-640,
61-902, 61-1007, 62-304, 62-304D, 62-305, 62-1204, 62-1205.
Cross Reference: Rules 14, 17, 242.
242. FACILITIES AT OR FOR HEARING AND ADA REQUIREMENTS (Rule 242).
All hearings must be held in facilities meeting the accessibility requirements of the Americans
with Disabilities Act (ADA). All notices of hearing must inform the parties that the hearing will
be conducted in facilities meeting the accessibility requirements of the Americans with
Disabilities Act. All notices of hearing must inform the parties and other persons notified that if
they require assistance of the kind that the Commission is required to provide under the
Americans with Disabilities Act (e.g., sign language interpreters, Braille copies of documents) in
order to participate in or understand the hearing, the Commission will supply that assistance
upon request made seven days before hearing. (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-53- Revised: 4/1/14
243. HOW HEARINGS ARE HELD (Rule 243).
01. All Hearings Presumed Open. All hearings conducted by the Commission are
open to the public except when a hearing may be partially closed to safeguard trade secrets or
other confidential information protected from public disclosure. If parties intend to cross-
examine or offer testimony that may necessitate the partial closure of a hearing, they shall advise
the Commission or presiding officer at the beginning of the hearing or as soon as thereafter as
practical. The Commission disfavors closed hearings and parties shall take all reasonable
measures to avoid the need to close a public hearing. Such measures include: (4-5-00)
a. Using references to page and line or column numbers; (4-5-00)
b. Using summaries or generalizations; (4-5-00)
c. Stipulating that the evidence be offered in the public hearing; or (4-5-00)
d. Offering testimony in writing. (4-5-00)
02. Methods of Conducting Hearings. Hearings may be held in person or by
telephone or television or other electronic means, if each participant to the hearing has an
opportunity to participate in the entire proceeding while it is taking place. (4-5-00)
[Adopted as Rule 9.22, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 202.]
Statutory Reference: Idaho Code §§ 61-208, 67-2341, 67-2342.
244. CONDUCT AT HEARINGS (Rule 244).
All persons attending a hearing must conduct themselves in a respectful and courteous manner.
Persons disrupting the hearing shall be asked to leave by the presiding officer. See Rule 47 and
Section 18-6409(1), Idaho Code. Smoking is not permitted at hearings. (5-8-09)
[Adopted as Rule 9.4, G.O. 155; amended and recodified, G.O. 163; amended, 31-0101-0801.]
Statutory Reference: Idaho Code §§ 18-5904, 18-6409, 19-220, 61-604.
Cross Reference: Rule 47.
245. CONFERENCE AT HEARING (Rule 245).
In any proceeding the presiding officer may convene the parties before hearing or recess the
hearing to discuss formulation or simplification of the issues, admissions of fact or identification
of documents to avoid unnecessary proof, exchanges of documents, exhibits or prepared
testimony, limitation of witnesses, establishment of order of procedure, and other matters that
may expedite orderly conduct of the hearing. The presiding officer will state the results of the
conference on the record. (7-1-93)
[Adopted, G.O. 163.]
Cross Reference: Rules 211, 212, 213, 214, 215.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-54- Revised: 4/1/14
246. PRELIMINARY PROCEDURE AT HEARING (Rule 246).
Before taking evidence the presiding officer will call the hearing to order, take appearances of
parties, and act upon any pending motions or petitions. The presiding officer may allow opening
statements as necessary or appropriate to explain a party’s presentation. (7-1-93)
[Adopted as Rule 9.3, G.O. 155; amended and recodified, G. O. 163.]
Cross Reference: Rules 31, 38, 43, 53, 56.
247. CONSOLIDATION OF PROCEEDINGS (Rule 247).
The Commission may consolidate two (2) or more proceedings for hearing when it finds that
they present issues that are related and that the rights of the parties will not be prejudiced. In
consolidated hearings the presiding officer determines the order of the proceeding. (7-1-93)
[Adopted as Rule 9.7, G.O. 155; amended and recodified, G.O. 163.]
Statutory Reference: Idaho Code § 61-613.
Cross Reference: Rules 51, 54.
248. STIPULATIONS (Rule 248).
Parties may stipulate among themselves to any fact at issue by written statement filed with the
Commission Secretary or presented at hearing or by oral statement on the hearing record. A
stipulation binds all parties agreeing to it only according to its terms. The Commission may
regard a stipulation as evidence, but the Commission may require proof by evidence of the facts
stipulated. The Commission is not bound to adopt a stipulation of the parties, but may by order
do so. If the Commission rejects a stipulation, it will do so before issuing a final order, and it will
provide an additional opportunity for the parties to present evidence and arguments on the
subject matter of the rejected stipulation. (7-1-93)
[Adopted as Rule 9.9, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rules 14, 61, 283, 323.
249. ORDER OF PROCEDURE (Rule 249).
01. Order of Presentation of Evidence. The parties’ evidence will ordinarily be
introduced in the following order: (7-1-93)
a. Upon applications: (7-1-93)
i. Applicant; (7-1-93)
ii. Intervenors; (7-1-93)
iii. Commission Staff; and (7-1-93)
iv. Rebuttal by applicant. (7-1-93)
b. Upon formal complaints or petitions (except when the Commission is complainant):
(7-1-93)
i. Complainant or petitioner; (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-55- Revised: 4/1/14
ii. Intervenors; (7-1-93)
iii. Commission Staff; (7-1-93)
iv. Respondents; and (7-1-93)
v. Rebuttal by complainant or petitioner. (7-1-93)
c. Upon complaints by Commission: (7-1-93)
i. Commission Staff; (7-1-93)
ii. Intervenors; (7-1-93)
iii. Respondents; and (7-1-93)
iv. Rebuttal by Commission Staff. This order of presentation of evidence may be
modified by the Commission or presiding officer. Additional evidence may be taken in the
discretion of the Commission or presiding officer. Evidence of public witnesses may be taken at
any time. (7-1-93)
02. Order of Examination of Witnesses. Witnesses will ordinarily be examined in the
following order: (7-1-93)
a. Direct examination by sponsoring party or direct statement of public witness;
(7-1-93)
b. Examination by applicants, petitioners or complainants; (7-1-93)
c. Examination by intervenors; (7-1-93)
d. Examination by respondents; (7-1-93)
e. Examination by Commission Staff (except when the Staff acts as complainant);
(7-1-93)
f. Examination by Commissioners or hearing examiners; and (7-1-93)
g. Redirect examination or rebuttal statement. The presiding officer may allow
additional examination of witnesses or vary the order of examination of witnesses. The presiding
officer may vary the order of examination of witnesses to allow parties with interests adverse to
the witness to examine the witness after parties with interests similar to the witness. (7-1-93)
[Adopted as Rule 9.6, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rules 32, 33, 34, 35, 36, 38, 39, 52, 53, 54, 75.
250. TESTIMONY UNDER OATH (Rule 250).
All testimony presented in formal hearings will be given under oath. Before testifying each
witness must swear or affirm that the testimony the witness will give before the Commission is
the truth, the whole truth, and nothing but the truth. (7-1-93)
[Adopted as Rule 9.5, G.O. 155; amended and recodified, G.O. 163.]
Statutory Reference: Idaho Code §§ 9-1401 et seq., 61-211, 61-603.
Cross Reference: Rule 258.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-56- Revised: 4/1/14
251. PARTIES AND PERSONS WITH SIMILAR INTERESTS (Rule 251).
If two (2) or more parties or persons have substantially like interests or positions, to expedite the
proceeding and avoid duplication the presiding officer may limit the number of them who testify,
examine witnesses, or make and argue motions and objections. (7-1-93)
[Adopted as Rule 9.8, G.O. 155; amended and recodified, G.O. 163.]
Statutory Reference: Idaho Code § 61-617.
Cross Reference: Rules 38, 75.
252. CONTINUANCE OF HEARING (Rule 252).
The Commission or presiding officer may continue proceedings for further hearing. When a
hearing for an application described by Rule 121 is continued at the request of the applicant, the
applicant may be required, as a condition of granting the motion for continuance, to consent to an
order tolling the running of any suspension period if the Commission ultimately finds that a final
order cannot be issued within the suspension period because the applicant’s request for a
continuance was granted. (7-1-93)
[Adopted as Rule 9.16, G.O. 155; amended and recodified, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-622.
Cross Reference: Rules 121, 123, 323.
253. RULINGS AT HEARINGS (Rule 253).
The presiding officer rules on motions presented at hearing. The presiding officer’s rulings may
be reviewed by the full Commission in determining the matter on its merits. In extraordinary
circumstances, the presiding officer may refer or defer these matters to the full Commission for
determination. (7-1-93)
[Adopted as Rule 9.24, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rule 261.
254. ORAL ARGUMENT (Rule 254).
The Commission may set and hear oral argument on any matter before it on reasonable notice
according to the circumstances. (7-1-93)
[Adopted as Rule 9.18, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rule 14.
255. BRIEFS – PROPOSED ORDERS OF THE PARTIES – STATEMENTS OF
POSITION – PROPOSED ORDER OF THE COMMISSION (Rule 255).
In any proceeding, any party may move to file briefs, memoranda, proposed orders of the parties
or statements of position, and the Commission or presiding officer may request briefs, proposed
orders of the parties, or statements of position. The Commission or presiding officer may issue a
proposed order and ask the parties for comment upon the proposed order. (7-1-93)
[Adopted as Rule 9.17, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rules 61, 62, 63, 64.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-57- Revised: 4/1/14
256. PROCEDURE ON MOTIONS (Rule 256).
01. Argument. The Commission may consider and decide prehearing motions with or
without oral argument or hearing. If oral argument or hearing on a motion is requested and
denied, the Commission must state its grounds for denying the request. (7-1-93)
02. Requirements for Motion for Expeditious Substantive Relief. A motion
requesting substantive relief on fewer than fourteen (14) days’ notice will not be acted upon on
fewer than fourteen (14) days’ notice unless it states: (7-1-93)
a. The facts supporting its request to act on shorter notice; and (7-1-93)
b. 1) That at least one (1) representative of all parties has received actual notice of the
motion, by telephone or personal delivery of the motion; or 2) stating the efforts made to reach
representatives of those parties not contacted and what efforts will continue to be made to
contact them. Except as otherwise provided in this paragraph, the Commission will allow at least
two (2) days (excluding Saturdays, Sundays and legal holidays) after notification by telephone or
actual receipt of the motion for parties to inform the Commission Secretary, either in writing
personally delivered to the Secretary or by telephone, whether they support or oppose the motion
and whether they desire to be heard on the motion in person, in writing or by telephone. Except
in extraordinary circumstances in which the Commission states good cause for ruling on a
motion without allowing two (2) days for parties to state their positions or to present their
position on the motion either in person, in writing or by telephone, the Commission will not rule
on a substantive motion. Whenever an order is issued in such extraordinary circumstances, it will
expire in no more than seven (7) days. (7-1-93)
03. Motions for Procedural Relief. A motion requesting procedural relief on fewer
than fourteen (14) days’ notice is properly filed if it complies with provisions of Rule 256.02.a.
and 256.02.b. The Commission may act on such a motion without waiting for responses of other
parties. (7-1-93)
04. Support or Opposition to Prehearing Motion. When a prehearing motion has
been filed, all parties seeking similar substantive or procedural relief must join in the motion or
file their own motions within seven (7) days after receiving the original motion. The party
answering to or responding to the motion(s) will have fourteen (14) days from the time of filing
of the last motion or joinder pursuant to the requirements of the previous sentence in which to
respond, except as provided in Rule 256.02 and 256.03 of this rule. (7-1-93)
[Adopted, G.O. 163, amended, G.O. 163B.]
Court Rule Reference: I.R.C.P. 7, 12.
Cross Reference: 17, 56, 57.
257. JOINT HEARINGS (Rule 257).
When the Commission participates jointly with a federal regulatory agency, the rules of practice
and procedure of the federal agency govern. When the Commission participates jointly with an
administrative body of another state or other states, the rules of the state where the hearing is
held govern unless otherwise agreed upon by the participating agencies. Any person entitled to
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-58- Revised: 4/1/14
appear in a representative capacity for any of the agencies involved in a joint hearing may do so
in such joint hearing. (7-1-93)
[Adopted as Rule 9.19, G.O. 155; amended and recodified, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-505, 61-506.
Cross Reference: Rule 43.
258. COMMISSIONERS – HEARING EXAMINERS – PROCEDURE (Rule 258).
01. Officers Holding Hearings. Hearings are held before one (1) or more
Commissioners or one (1) or more hearing examiners appointed by the Commission. The
presiding officer is designated by the Commission. Any Commissioner or hearing examiner may
administer oaths.
(7-1-93)
02. Procedure When Hearing Examiner Holds Hearing. When a hearing examiner
hears a proceeding, the examiner must prepare and file recommended findings of fact with the
Commission Secretary and serve copies of them on all parties of record within fourteen (14) days
after receipt of the hearing record, unless the examiner’s recommended findings are stated on the
record at hearing. Unless otherwise provided by order or notice, the Commission will issue its
decision based upon its independent review of the record and of the hearing examiner’s
recommended findings of fact. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 9-1401 et seq., 61-211, 61-603.
Cross Reference: Rules 17, 245, 282, 283, 311.
259. ASSERTION OF RIGHT AGAINST SELF-INCRIMINATION AT HEARING –
IMMUNITY (Rule 259).
01. Assertion of Right. At hearing any person may assert the right not to testify or not
to produce documents upon the ground that the testimony or production of documents may tend
to incriminate the person or subject him or her to penalty or forfeiture. (7-1-93)
02. Granting of Immunity. The Commission or any Commissioner may direct that
person to testify or produce the document by written order or upon the record at hearing. In such
case, that person shall not be prosecuted, punished or subjected to any forfeiture or penalty for or
on account of any act, transaction, matter or thing concerning which the person shall under oath
have testified or produced documentary evidence: provided, that no person so testifying shall be
exempt from prosecution or punishment for any perjury committed by him or her in that
testimony. (7-1-93)
03. No Immunity Without Assertion of Right. No immunity is granted under this rule
or under Section 61-606, Idaho Code, in the absence of a specific assertion of the person’s rights
under Section 61-606, Idaho Code, and the Commission’s or a Commissioner’s written order or
direction on the record at hearing compelling the person to testify or produce written documents
and immunizing the person from prosecution, punishment, forfeiture or penalty according to this
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-59- Revised: 4/1/14
rule and Section 61-606, Idaho Code. No immunity granted under this rule or Section 61-606,
Idaho Code, shall extend to any public utility. (7-1-93)
[Adopted, G.O. 163C.]
Statutory Reference: Idaho Code § 61-606.
Cross Reference: Rule 234.
260. SUMMARY OF POSITION(S) AND TESTIMONY (Rule 260).
Each utility shall make available to the public at all Commission hearings a brief written
summary of the utility’s position(s) and testimony filed in the case under consideration except
when the Commission has determined that a summary is not necessary. If the utility is
requesting a rate increase, its summary shall address the utility’s need for additional revenue, the
total dollar amount requested, and the proposed percentage increase or decrease in rates for each
major customer class. The Commission Staff and intervenors shall also provide a brief summary
of their recommendations and the testimony filed in the case under consideration. These
summaries and presentations are provided solely for the convenience of the public and will not
be allowed as evidence or form the basis for cross-examination of any witness. (5-8-09)
[Amended and moved from 31.21.02.105, 31-0101-0801.]
EVIDENCE
RULES 261 THROUGH 270
261. RULES OF EVIDENCE – EVALUATION OF EVIDENCE (Rule 261).
The presiding officer at hearing is not bound by the Idaho Rules of Evidence. No informality in
any proceeding or in the manner of taking testimony invalidates any order made, approved or
confirmed by the Commission. Rules as to the admissibility of evidence used by the district
courts of Idaho in non-jury civil cases are generally followed, but evidence (including hearsay)
not admissible in non-jury civil cases may be admitted to determine facts not reasonably
susceptible of proof under the Idaho Rules of Evidence. The presiding officer, with or without
objection, may exclude evidence that is irrelevant, unduly repetitious, inadmissible on
constitutional or statutory grounds, or inadmissible on the basis of any evidentiary privilege
provided by statute or recognized in the courts of Idaho, and order the presentation of such
evidence to stop. All other evidence may be admitted if it is a type generally relied upon by
prudent persons in the conduct of their affairs. The Commission’s expertise, technical
competence and special knowledge may be used in the evaluation of the evidence. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-601, 67-5251.
Cross Reference: Rules 253, 258, 265.
262. DOCUMENTARY EVIDENCE – INTRODUCTION OF RECORDS IN THE
COMMISSION SECRETARY'S OFFICIAL FILE (Rule 262).
Documentary evidence may be received in the form of copies or excerpts. Upon request, parties
shall be given an opportunity to compare the copy with the original if available. When a party
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-60- Revised: 4/1/14
offers in evidence any portion of a transcript, exhibit, or other record from any other proceeding
before the Commission, the portion offered must be specifically described and, if admitted, will
be made an exhibit. The party offering the exhibit must comply with Rule 267. (7-1-93)
[Adopted, G.O. 163.]
Cross Reference: Rules 267, 282.
263. OFFICIAL NOTICE (Rule 263).
01. Matters that May Be Officially Noticed. The Commission may officially note at
hearing and in its orders: (7-1-93)
a. (1) Its own orders, notices, rules, certificates and permits, and (2) those of any other
regulatory agency, state or federal; (7-1-93)
b. (1) matters of common knowledge, (2) technical, financial, or scientific facts
established and published in accepted authorities or in the Commission’s specialized knowledge,
and (3) matters judicially noticeable; and (7-1-93)
c. Data contained in periodic reports of regulated utilities filed with the Commission
or federal regulatory agencies. (4-5-00)
02. Procedure for Taking Official Notice. When officially noting on its own motion
matters described in Rule 263.01.b.(2) or 263.01.c. or adjudicative facts under Rule 263.01.b.(3)
of this rule, the Commission will give the parties appropriate opportunity to respond or refute
such matters noticed. Unless otherwise agreed by the parties and approved by the presiding
officer, parties requesting the Commission to take official notice of documents must submit those
documents to the Commission in the manner prescribed for documents in Rule 262. (7-1-93)
[Adopted, G.O. 163; amended, G.O. 163A; amended, G.O. 202.]
Case Reference: Application of Utah Power & Light Company, 107 Idaho 446, 690 P.2d 901 (1984); Boise Water Corporation v.
Idaho Public Utilities Commission, 97 Idaho 832, 555 P.2d 163 (1976); Order No. 32212, Case No. GNR-E-10-
04.
Statutory Reference: Idaho Code §§ 9-101, 67-5251.
Court Rule Reference: I.R.E. 201.
Cross Reference: Rules 262, 281, 283, 284.
264. DEPOSITIONS (Rule 264).
Depositions may be offered into evidence as allowed by Section 61-605, Idaho Code, and the
Idaho Rules of Civil Procedure. (7-1-93)
[Adopted, G.O. 163; amended, G.O. 182.]
Statutory Reference: Idaho Code § 61-605.
Court Rule Reference: I.R.C.P. 27, 28, 29, 30, 32.
Cross Reference: Rule 224.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-61- Revised: 4/1/14
265. OBJECTIONS – OFFERS OF PROOF (Rule 265).
Grounds for objection to the admission or exclusion of evidence must be stated briefly at the
time the evidence is offered. Formal exceptions to rulings admitting or excluding evidence are
unnecessary and need not be taken. An offer of proof for the record consists of a statement of the
substance of the excluded evidence. When a party objects to the admission of evidence, the
presiding officer will rule on the objection or the presiding officer may receive the evidence
subject to the later ruling by the full Commission or refer to the matter to the full Commission.
(7-1-93)
[Adopted, G.O. 163.]
Cross Reference: Rules 261, 262.
266. PREPARED TESTIMONY (Rule 266).
The presiding officer may order a witness’s prepared testimony previously distributed to all
parties to be incorporated in the transcript as if read if timely filed pursuant to an order, notice or
rule requiring its filing before hearing. Without objection, the presiding officer may direct other
prepared testimony to be incorporated in the transcript as if read. Admissibility of prepared
testimony is subject to the Rule 261. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-601, 67-5251.
Cross Reference: Rules 221, 222, 230, 231, 261.
267. EXHIBITS (Rule 267).
01. Exhibit Numbers. Exhibit numbers are assigned to the parties before hearing
according to Rule 230. (7-1-93)
02. Form of Exhibits. Public exhibits offered at hearing must ordinarily be typed or
printed on eight and one-half by eleven inch (8 1/2” x 11”) white paper, except maps, charts,
photographs and non-documentary exhibits may be introduced on the size or kind of paper
customarily used for them. Exhibits that are trade secrets, confidential information or otherwise
exempt from public review shall be printed on yellow paper. A copy of each documentary
exhibit must be furnished to each party present, to the reporter, and to each Commissioner or
hearing examiner, except for unusually bulky or voluminous exhibits that have previously been
made available for the parties’ inspection. Copies must be of good quality. (5-8-09)
03. Timely Filing of Exhibits. Exhibits offered as part of a party’s direct case (except
exhibits offered on redirect examination) must be timely filed. Exhibits filed pursuant to any
order, notice or rule requiring their filing before hearing are timely filed. Otherwise, exhibits
must be distributed or made available to all parties long enough before their introduction into
evidence to allow the parties a reasonable opportunity to review them and to prepare to examine
their substance, except those exhibits that update exhibits previously timely filed may be filed so
long as fair opportunity is afforded other parties to examine the sponsoring witnesses about the
updated material. (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-62- Revised: 4/1/14
04. Objection – Admission. Exhibits identified at hearing are subject to appropriate
and timely objection before the close of proceedings. Exhibits to which no objection is made are
automatically admitted into evidence without motion of the sponsoring party. (7-1-93)
05. Labeling of Exhibits. All exhibits accompanying prepared testimony, exhibits
introduced during direct examination of a party’s witnesses, and, to the extent practicable, all
other exhibits introduced at hearing must label the exhibit number, case number, party and
witness sponsoring the exhibit, and any subdivisions within the exhibit, such as separate
schedules or charts. Examples of labeling required by this rule are:
Exhibit No. 101 Exhibit No. 507
Case No. XXX-X-XX-XX Case No. XXX-X-XX-XX
P. Engineer, Staff L.Accountant, ABC Company
Schedule 1, p. 1 of 3
Exhibits prepared for the proceeding must contain this labeling on each page of the exhibit.
Exhibits reproducing previously existing documents may contain a cover page with this labeling,
but need not be labeled on each page. (7-1-93)
06. Sources for Exhibits. Exhibits prepared from data in workpapers, answers to
discovery, periodicals, reports or other documentable sources of information must contain a
statement of sources. Examples of the statements of sources required by this rule are: (7-1-93)
P. Engineer, Workpapers Answer of XYZ Utility to First
Tab A, pages 1-47 Production Request of ABC
Company, Question 13
Moody’s Public Utility - XYZ Utility,
FERC Form 1 (1993)
Manual p. 402a 1993 Vol. 1, p. 606
Exhibits especially prepared for introduction into evidence in a proceeding (i.e., exhibits not
otherwise prepared or in existence) should be descriptively titled to show their contents and
purpose. (7-1-93)
07. Certain Exhibits Require Presiding Officer's Approval. Neither motion pictures,
slides, opaque projections, video tapes, audio tapes nor other materials not capable of duplication
by still photograph or reproduction on paper shall be presented as exhibits without prior approval
of the presiding officer. Writing, sketching and drawing on blackboards or other similar surfaces
by witnesses presenting testimony do not constitute an exhibit or evidence in the proceeding
unless the writing, sketching or drawing is reproduced, photographed, or otherwise preserved for
the record. (7-1-93)
[Adopted, G.O. 163; amended, G.O. 163B; amended, G.O. 182; amended, G.O. 202; amended, 31-0101-0801.]
Statutory Reference: Idaho Code §§ 61-601, 67-5251.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-63- Revised: 4/1/14
Cross Reference: Rules 230, 282, 283, 285, 286.
268. -- 270. (RESERVED).
SETTLEMENTS
RULES 271 THROUGH 280
271. PASSIVE SETTLEMENTS (Rule 271).
Settlements in formal proceedings in which a party agrees to concur in, accept, or not to oppose
another party’s positions previously on record with the Commission are called passive
settlements. Any party may reach a passive settlement with any other party on any issue without
prior notification to the Commission or any other party. (7-1-93)
[Adopted, G.O. 182.]
272. PROCEDURES FOR ACTIVE SETTLEMENTS (Rule 272).
Settlements in formal proceedings in which one (1) or more parties negotiate an agreement
differing from positions of one (1) or more of the parties previously on record with the
Commission are called active settlements. Any party other than the Commission Staff may enter
into an active settlement with any party other than the Commission Staff without prior
notification to the Commission or other parties. The Commission Staff, however, is precluded
from entering into an active settlement without first notifying all other parties and the
Commission that it intends to begin or has begun settlement negotiations. The Commission Staff
must give all other parties an opportunity to participate in or be apprised of the course of the
settlement negotiations before a final settlement agreement is reached. Settlement negotiations
are confidential, unless all participants to the negotiation agree to the contrary. (5-8-09)
[Adopted, G.O. 182; amended, 31-0101-0801.]
273. SUGGESTION FOR OR INQUIRY ABOUT SETTLEMENTS (Rule 273).
Through notice or order or on the record at prehearing conference or hearing, the Commission or
an individual Commissioner may inquire of the parties in any proceeding whether settlement
negotiations are in progress or contemplated or invite settlement of an entire proceeding or
certain issues. In issuing such an invitation for settlement, the Commission or an individual
Commissioner may indicate acceptable ranges of settlement, preclude certain issues from
settlement, or otherwise inform the parties of his, her or their views on settlement in aid of
securing a just, speedy and economical determination of the issues presented to the Commission.
Neither the Commission nor individual Commissioners will indicate ex parte their views on the
merits of any proposed settlement. (7-1-93)
[Adopted, G.O. 182.]
274. CONSIDERATION OF SETTLEMENTS (Rule 274).
Settlements must be reviewed under this rule. When a settlement, be it active or passive, is
presented to the Commission, the Commission will prescribe procedures appropriate to the
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-64- Revised: 4/1/14
nature of the settlement to consider the settlement. For example, the Commission may summarily
accept settlement of an essentially private dispute that has no significant implications for
regulatory law or policy or for other utilities or customers upon the written request of the
affected parties. On the other hand, when one (1) or more parties to a proceeding is not party to
the settlement or when the settlement presents issues of significant implication for other utilities,
other customers or the public interest, the Commission may convene an evidentiary hearing to
consider the reasonableness of the settlement and whether acceptance of the settlement is just,
fair, and reasonable, in the public interest, or otherwise in accordance with law or regulatory
policy. (7-1-93)
[Adopted, G.O. 182.]
275. BURDENS OF PROOF (Rule 275).
Proponents of a proposed settlement carry the burden of showing that the settlement is
reasonable, in the public interest, or otherwise in accordance with law or regulatory policy. In
any instance in which parties or affected persons oppose the settlement, proponents of the
settlement should be prepared to call witnesses and argue in favor of the settlement. Opponents
of the settlement should be prepared to examine supporting witnesses, offer their own witnesses,
or argue against the settlement. The Commission may require the development of an appropriate
record in support of or opposition to a proposed settlement as a condition of accepting or
rejecting the settlement. (7-1-93)
[Adopted, G.O. 182.]
276. SETTLEMENT NOT BINDING (Rule 276).
The Commission is not bound by settlements. It will independently review any settlement
proposed to it to determine whether the settlement is just, fair and reasonable, in the public
interest, or otherwise in accordance with law or regulatory policy. When a settlement is
presented for decision, the Commission may accept the settlement, reject the settlement, or state
additional conditions under which the settlement will be accepted. In the last instance, the parties
will have twenty-one (21) days to state their acceptance or rejection of the additional conditions
imposed by the Commission. If the Commission rejects the settlement or if the Commission’s
conditional acceptance of a settlement is rejected by the parties to the settlement, the
Commission will notify the parties of procedures to be followed to decide the issues for which
settlement was rejected by the Commission. (7-1-93)
[Adopted, G.O. 182.]
277. CONSENT AGREEMENTS NOT SETTLEMENTS (Rule 277).
Consent agreements proscribing or prescribing certain conduct under Rule 58 are not settlements
under this rule. (7-1-93)
[Adopted, G.O. 182.]
Cross Reference: Rule 58.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-65- Revised: 4/1/14
278. -- 280. (RESERVED).
OFFICIAL RECORDS AND FILES
RULES 281 THROUGH 290
281. RECORDS FOR DECISION – RELATIONSHIP TO OFFICIAL FILE (Rule 281).
The Commission bases its decisions and issues its orders on the hearing record (excluding
exhibits denied admission), the Commissioners’ record and items officially noted. The hearing
record and the Commissioners’ record are part of the Commission Secretary’s official file.
(7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-619, 67-5242.
Cross Reference: Rules 14, 282, 283, 284.
282. THE COMMISSION SECRETARY’S OFFICIAL FILE (Rule 282).
01. Documents in File. The Commission Secretary’s official file for a proceeding is the
public file maintained by the Commission Secretary. This file includes all documents filed with
regard to a proceeding, whether filed by parties or other persons, and includes (but is not limited
to) pleadings, discovery and related materials, briefs, proposed orders, statements of position,
correspondence concerning the proceeding directed to the Commission, a Commissioner, or the
Commission Secretary (whether by parties or persons not parties), prepared testimony and
exhibits, workpapers, transcripts, exhibits presented at hearing, orders, notices, press releases,
and other matters pertaining to or related to a proceeding and included in the public files of that
proceeding by the Commission Secretary. (7-1-93)
02. Public Records. Except as provided in Rules 26, 67, 233, and 287, which refer to
statutory exemptions from disclosure, all material in the Commission Secretary’s Official File is
subject to inspection, examination and copying under Section 74-102, Idaho Code. In particular,
information obtained in an application for a certificate issued by this Commission inquiring into
a person’s fitness to be granted or to retain a certificate is not exempted from examination or
copying under Section 74-106, Idaho Code, but may be exempted under other statutes.
(4-5-00)
[Adopted, G.O. 163; amended, G.O. 182; amended, G.O. 202.]
Statutory Reference: Idaho Code §§ 74-102, 74-106(9), 61-619, 67-5242.
Cross Reference: Rules 14, 26, 62, 67, 233, 281, 283, 284, 286, 287.
283. THE HEARING RECORD (Rule 283).
The hearing record in a proceeding consists of all transcripts of hearings, conferences, arguments
and other proceedings on the record and of all exhibits identified, offered, admitted or denied
admission at hearing or prehearing conference. Workpapers, requests for discovery, answers to
discovery and other documents filed with the Commission Secretary and served on the parties,
whether or not discussed at hearing, are not part of the hearing records unless introduced as
exhibits at hearing. The Commission or an individual Commissioner may add to the hearing
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-66- Revised: 4/1/14
record by reference to any document in the Commission Secretary’s official file, but only after
notifying the parties of that intention and giving them reasonable opportunity to object, review,
examine, and rebut or contest the document. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-619, 67-5242.
Court Rule Reference: I.A.R. 25.
Cross Reference: Rules 14, 258, 281, 284, 311.
284. THE COMMISSIONERS’ RECORD (Rule 284).
01. Documents in File. The Commissioners’ record in a proceeding automatically
includes all pleadings, orders, notices, briefs, proposed orders and position papers. The
Commission may add documents officially noticed to the Commissioners’ record. (7-1-93)
02. Materials Available at Hearing. The Commissioner(s) or hearing examiner(s)
conducting a hearing will have the Commissioners’ record and all prepared testimony and
exhibits available at hearing. Parties desiring to refer to additional documents at hearing should
notify the Commission Secretary and all other parties of their intention so that these other
documents will be available to the Commissioner(s) or hearing examiner(s) at hearing or should
themselves provide copies at hearing to all other parties and to the Commissioner(s) or hearing
examiner(s). (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-619, 67-5242.
Court Rule Reference: I.A.R. 28.
Cross Reference: Rules 14, 281, 283.
285. THE REPORTER (Rule 285).
The reporter at all hearings, conferences, arguments and other proceedings on the record must
transcribe all oral proceedings on the record and collect all exhibits identified at hearing. Except
as otherwise directed by the Commission, presiding officer at hearing, or the Commission
Secretary, the reporter must file the complete hearing record of transcripts and exhibits with the
Commission Secretary within fourteen (14) days of the close of hearing. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code § 61-619.
Cross Reference: Rules 14, 17, 212, 213, 214, 231.03, 283, 311.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-67- Revised: 4/1/14
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 lines of each page shall be double-spaced
with a minimum of twenty-five (25) lines and a maximum of thirty (30) lines per page.
Quotations, citations and parenthetical notes may be single-spaced. Each line shall be numbered
on the left margin. 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-X-XX-XX
(COMMISSIONER Able Baker, Presiding)
(HEARING OFFICER Charlie Dog, Presiding)
(Date, e.g., January 21, 1983)
(Hearing Room, e.g., Commission Hearing Room)
(Address, e.g., 472 West Washington, Boise, Idaho)
(4-7-11)
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’s, 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 which
the exhibits are denied admission. (7-1-93)
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
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-68- Revised: 4/1/14
parties and to the reporter, unless the Commission, the presiding officer or the Commission
Secretary otherwise directs. (7-1-93)
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. (7-1-93)
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. (3-16-04)
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. (3-16-04)
07. Any party may request a compressed transcript having no more than four (4) pages
of regular transcript on a page. Each volume of compressed transcript shall contain no more than
two hundred (200) pages unless the transcript can be completed in two hundred fifty (250) pages
or less. A compressed transcript may be duplexed. The pagination shall be horizontal as follows:
(4-7-11)
08. Computer-Searchable Transcript. Any party may request a computer-searchable
disk of the written transcript. The disk shall be in Adobe Acrobat (PDF) or other searchable
format agreed upon by the reporter and the party ordering the disk. (4-7-11)
09. 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. (3-16-04)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-69- Revised: 4/1/14
[Adopted, G.O. 163; amended, 31-0101-0301; amended, 31-0101-1001.]
Statutory Reference: Idaho Code § 1-1105(2) (setting the transcript cost at $3.25 per page).
Court Rule Reference: I.A.R. 24-26.
Cross Reference: Rules 232, 282, 283.
287. SEALED TRANSCRIPTS (Rule 287).
At the direction of the Commission or the presiding officer, the reporter shall prepare a separate
transcript volume(s) of closed proceedings involving trade secrets, confidential information or
other matters exempt from public disclosure. The reporter shall file the separate transcript
volume(s) under seal. Sealed transcripts shall be separately stored in a secure location with
limited access and safeguarded from unauthorized disclosure. (4-5-00)
[Adopted, G.O. 202.]
288. -- 300. (RESERVED).
PART 4 – ORDERS AND REVIEW OF ORDERS
RULES 301 THROUGH 400
DEFAULTS
RULES 301 THROUGH 310
301. FAILURE TO ANSWER OR APPEAR AT HEARING – DEFAULTS (Rule 301).
After an applicant’s, petitioner’s, complainant’s or moving party’s failure to appear at the time
and place set for hearing, the Commission may dismiss the petition, application, complaint or
motion. When a respondent that has been properly served fails to answer or appear at hearing,
the Commission may order any relief against the respondent authorized by law. (7-1-93)
[Adopted as Rule 9.2, G.O. 155; amended and recodified, G.O. 163.]
Court Rule Reference: I.R.C.P. 55.
Cross Reference: Rules 32, 33, 34, 52, 53, 54, 56.
302. -- 310. (RESERVED).
DECISIONS AND ORDERS
RULES 311 THROUGH 320
311. SUBMISSION FOR DECISIONS (Rule 311).
A proceeding is submitted for decision upon filing of the hearing record with the Commission
Secretary, filing of timely briefs, filing of timely orders proposed by the parties and timely
written comments or exceptions, oral argument, or receipt of recommended findings of fact of
the hearing examiner, whichever is last, but no later than twenty-eight (28) days after hearing is
closed when a hearing is held, except when all Commissioners participating in the decision have
heard the case themselves, they need not await the filing of the hearing record to consider the
case submitted for their decision. The Commission (or a hearing examiner presiding over an
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-70- Revised: 4/1/14
uncontested matter) may issue a final decision earlier or rule from the bench, but a bench ruling
will be followed by written order. (7-1-93)
[Adopted as Rule 10.1, G.O. 155; amended and recodified, G.O. 163; amended, G.O. 182.]
Statutory Reference: Idaho Code §§ 61-211, 61-626, 67-5248.
Cross Reference: Rules 254, 255, 258, 283, 285, 286, 332.
312. PROPOSED ORDERS BY COMMISSION (Rule 312).
The Commission may issue a proposed order in any proceeding. Any party may file exceptions
and briefs to a proposed order within twenty-one (21) days from its date of service, unless a
different time is designated by the Commission. Any party may file and serve answers and
accompanying briefs to the exceptions within seven (7) days after service of the exceptions. The
Commission may adopt or revise the proposed order in response and issue a final order
accordingly. The proposed order is not an order of the Commission unless it is adopted by order.
In that case, the order of adoption is the final order for all purposes. (7-1-93)
[Adopted as Rule 10.2, G.O. 155; amended and recodified, G.O. 163.]
Cross Reference: Rule 17, 61, 62, 63, 64, 323.
313. -- 320. RESERVED).
INTERLOCUTORY ORDERS – FINAL ORDERS – REVIEW OR STAY OF ORDERS
RULES 321 THROUGH 330
321. INTERLOCUTORY ORDERS (Rule 321).
01. Defined. Interlocutory orders are orders that do not finally decide all previously
undecided issues presented in a proceeding, except the Commission may by order decide some
of the issues presented in a proceeding and provide in that order that its decision on those issues
is final and subject to review by reconsideration and appeal, but is not final on other issues.
Unless an order contains one (1) of the paragraphs set forth in Rule 323 or a paragraph
substantially similar, the order is interlocutory. (7-1-93)
02. Certain Orders Always Interlocutory. The following orders are always
interlocutory: orders suspending rates, fares, tolls, rentals, charges, classifications, contracts,
practices, rules or regulations under Sections 61-622, Idaho Code; orders initiating complaints or
investigations; orders joining, consolidating or separating issues, proceedings or parties; orders
granting or denying intervention; orders scheduling prehearing conferences, discovery, hearing,
arguments or deadlines for written communications; orders proposing modified procedure;
orders compelling or refusing to compel discovery. (7-1-93)
03. Review of Interlocutory Orders. Interlocutory orders may be reviewed pursuant to
Rules 322, 324 and 325. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-502, 61-503, 61-504, 61-505, 61-506, 61-508, 61-509, 61-510, 61-511, 61-513, 61-514,
61-515, 61-517, 61-520, 61-523, 61-525, 61-612, 61-613, 61-618, 61-622, 61-640, 62-304.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-71- Revised: 4/1/14
Case Law Reference: Capital Water Company v. Public Utilities Commission of Idaho, 41 Idaho 19, 237 P. 423 (1925).
Cross Reference: Rules 61, 65, 123, 134, 322, 323, 324, 325.
322. REVIEW OF INTERLOCUTORY ORDERS (Rule 322).
Any person may petition to review any interlocutory order. The Commission may rescind, alter
or amend any interlocutory order on its own motion, but will not on its own motion review any
interlocutory order affecting any party’s substantive rights without giving all parties notice and
an opportunity for written comment. (7-1-93)
[Adopted, G.O. 163.]
Cross Reference: Rules 321, 326.
323. FINAL ORDERS (Rule 323).
01. Paragraphs Designating Final Orders. Final orders are all orders and only those
orders containing one (1) of the following paragraphs or a paragraph substantially similar: (7-1-93)
a. THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. xxx-x-xx-xx
may petition for reconsideration within twenty-one (21) days of the service date of this Order
with regard to any matter decided in this Order or in interlocutory Orders previously issued in
this Case No. xxx-x-xx-xx. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration in response to issues
raised in the petition for reconsideration. See Section 61-626, Idaho Code; or (7-1-93)
b. THIS IS A FINAL ORDER on reconsideration (or denying reconsideration). Any
party aggrieved by this Order or other final or interlocutory Orders previously issued in this Case
No. xxx-x-xx-xx may appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law
and the Idaho Appellate Rules. See Section 61-627, Idaho Code. Orders may be final on some
issues and interlocutory on others. If so, the orders will explicitly designate the issues upon
which they are final. (7-1-93)
02. Service of Final Orders. The Commission Secretary must indicate on every order
subject to petition for reconsideration the date upon which the order was served on the
representatives of parties listed in Rule 41. The Commission Secretary must indicate on every
order subject to appeal the date upon which the order was filed and the date upon which the order
was served on the representatives of parties listed in Rule 41. (7-1-93)
03. Petition to Designate Order as Final. Whenever a party believes that an order not
designated as a final order according to the terms of these rules should be a final order, the party
may petition the Commission to designate the order as final. If an order is designated as final
after its release, its effective date for purposes of reconsideration or appeal is the date of the
order of designation. (7-1-93)
04. Review of Final Orders. Final orders may be reviewed pursuant to Rules 324, 325,
326, 331 and 341. (7-1-93)
[Adopted, G.O. 163.]
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-72- Revised: 4/1/14
Statutory Reference: Idaho Code §§ 61-502, 61-503, 61-504, 61-505, 61-506, 61-508, 61-509, 61-510, 61-511, 61-513, 61-514,
61-515, 61-517, 61-520, 61-523, 61-525, 61-612, 61-613, 61-618, 61-622, 61-624, 61-626, 61-627, 61-
640, 62-304.
Case Law Reference: Capital Water Company v. Public Utilities Commission of Idaho, 41 Idaho 19, 237 P. 423 (1925).
Cross Reference: Rules 17, 41, 53, 248, 321, 324, 325, 326, 331, 341.
324. STAY OF ORDERS (Rule 324).
Any person may petition the Commission to stay any order, whether interlocutory or final.
Orders may be stayed by the judiciary according to statute. The Commission may stay any order
on its own motion. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-626, 61-633, 61-634, 61-635, 61-636, 61-637, 61-638.
Case Law Reference: Utah Power & Light Company v. Idaho Public Utilities Commission, 107 Idaho 47, 685 P.2d 276 (1984);
Mountain States Telephone & Telegraph Company v. Jones, 76 Idaho 241, 280 P.2d 1067 (1955);
Mountain States Telephone & Telegraph Company v. Jones, 75 Idaho 78, 267 P.2d 634 (1954); Joy v.
Winstead, 70 Idaho 232, 215 P.2d 29 (1950); Mountain View Rural Telephone Company v. Interstate
Utilities Company, 55 Idaho 86, 38 P.2d 40 (1934); Capital Water Company v. Public Utilities
Commission of Idaho, 41 Idaho 19, 237 P. 423 (1925); Consumer’s Company v. Public Utilities
Commission of Idaho, 40 Idaho 772, 236 P. 732 (1925).
Cross Reference: Rules 321, 323.
325. CLARIFICATION OF ORDERS (Rule 325).
Any person may petition to clarify any order, whether interlocutory or final. Petitions for
clarification from final orders do not suspend or toll the time to petition for reconsideration or
appeal a final order. A petition for clarification may be combined with a petition for
reconsideration or stated in the alternative as a petition for clarification and/or reconsideration.
The Commission may clarify any order on its own motion. (7-1-93)
[Adopted, G.O. 163.]
Cross Reference: Rules 321, 323, 331.
326. RESCISSION, ALTERATION OR AMENDMENT OF FINAL ORDERS (Rule
326).
01. Petition to Rescind, Alter or Amend a Final Order. Any person may petition to
rescind, alter or amend a final order pursuant to Section 61-624, Idaho Code. The petition to
rescind, petition to alter, or petition to amend must state: (7-1-93)
a. That it is filed pursuant to Section 61-629, Idaho Code, after an order has been set
aside or set aside in part on appeal, or (7-1-93)
b. That there have been changed circumstances or that new information has become
available since the order was issued, or that there are other good and sufficient reasons for
rescinding, altering, or amending the order. The Commission may dismiss as defective any such
petition not complying with this rule and with Rule 53. (7-1-93)
02. Rescission, Alteration or Amendment of Final Order on Commission’s Own
Motion. The Commission on its own motion may propose to rescind, alter or amend any final
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-73- Revised: 4/1/14
order. The Commission will give all interested persons notice of its proposal to rescind, alter or
amend the final order and appropriate opportunity to be heard by evidentiary hearing or written
submission. (7-1-93)
[Adopted, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-624, 61-629.
Case Law Reference: Utah Power & Light Company v. Idaho Public Utilities Commission, 107 Idaho 47, 685 P.2d 276 (1984);
Associated Pacific Movers, Housemovers, Inc. v. Rowley, 97 Idaho 663, 551 P.2d 618 (1976);
Intermountain Gas Company v. Idaho Public Utilities Commission, 97 Idaho 113, 551 P.2d 618 (1976).
Cross Reference: Rules 38, 53, 65, 322, 323.
327. SUBSTANCE OF ORDERS (Rule 327).
Unless prohibited by statute, the substance of orders and the relief provided by orders may differ
from the relief requested or proposed by any party. The Commission’s order may provide for any
result supported by the record before the Commission without regard to whether each component
of the order or any component of the order was specifically recommended by a party to the
proceeding. (7-1-93)
328. -- 330. (RESERVED).
RECONSIDERATION
RULES 331 THROUGH 340
331. PETITIONS AND CROSS-PETITIONS FOR RECONSIDERATION (Rule 331).
01. Petition for Reconsideration. Within twenty-one (21) days after the service date of
issuance of any final order, any person interested in a final order or any issue decided in a final
order of the Commission may petition for reconsideration. Petitions for reconsideration must set
forth specifically the ground or grounds why the petitioner contends that the order or any issue
decided in the order is unreasonable, unlawful, erroneous or not in conformity with the law, and
a statement of the nature and quantity of evidence or argument the petitioner will offer if
reconsideration is granted. See Section 61-626, Idaho Code. (4-5-00)
02. Cross-Petition for Reconsideration. Within seven (7) days after any person has
petitioned for reconsideration, any other person may cross-petition for reconsideration in
response to any issues raised in the petition for reconsideration. Cross-petitions for
reconsideration must set forth specifically the ground or grounds why the cross-petitioner
contends that the order or any issue decided in the order is unreasonable, unlawful, erroneous or
not in conformity with the law, and a statement of the nature and quantity of evidence or
argument that the cross-petitioner will offer if reconsideration is granted. See Section 61-626,
Idaho Code. (4-5-00)
03. Methods of Reconsideration Requested. The petition or cross-petition must state
whether the petitioner or cross-petitioner requests reconsideration by evidentiary hearing, written
briefs, comments, or interrogatories. (7-1-93)
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-74- Revised: 4/1/14
04. Timely Filing – Mailbox Rules. A petition for reconsideration is timely within the
meaning of Section 61-626, Idaho Code, if it is filed with the Commission or postmarked no later
than twenty-one (21) days after the date of service of the final order. Whenever a petition for
reconsideration is mailed, rather than personally delivered, and it is not postmarked within
eighteen (18) days from the date of service of the final order, the petitioner should notify the
Commission Secretary and all other parties by telephone that the petition for reconsideration has
been mailed. A cross-petition for reconsideration is timely filed within the meaning of Section
61-626, Idaho Code, if it is filed with the Commission or postmarked no later than seven (7) days
after the petition for reconsideration to which it responds is received in the Office of the
Commission Secretary. Whenever a cross-petition for reconsideration is mailed, rather than
personally delivered, and is not postmarked within four (4) days from the date of receipt of the
petition for reconsideration by the Commission Secretary, the cross-petitioner should notify the
Commission Secretary and all other parties by telephone that the cross-petition for
reconsideration has been mailed. (4-5-00)
05. Answers to Petitions for Reconsideration. Answers to petitions for
reconsideration (pleadings that disagree with a petition for reconsideration, but do not ask for
affirmative relief from the Commission’s orders) must be filed according to the procedures for
cross-petitions for reconsideration. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163; amended, G.O. 163D; amended, G.O. 182; amended, G.O. 202.]
Statutory Reference: Idaho Code § 61-626.
Court Rule Reference: I.A.R. 35(a)(3).
Case Law Reference: Washington Water Power Company v. Kootenai Environmental Alliance, 99 Idaho 875, 591 P.2d 122
(1979); Key Transportation, Inc. v. Trans Magic Airlines Corp., 96 Idaho 110, 524 P.2d 1338 (1974).
Cross Reference: Rules 17, 53, 323, 325.
332. PROCEDURE AT RECONSIDERATION (Rule 332).
The Commission may grant reconsideration upon petition of any interested person or upon its
own motion. Prehearing conferences may be convened before reconsideration. Reconsiderations
by rehearing are conducted in accordance with the procedure at other hearings, except that
parties whose petitions are granted are treated as complainants or petitioners under Rule 249.
When the order for reconsideration finds that the grounds upon which the petition is granted
present only issues of law and not of fact or issues of fact not requiring hearings, the
Commission may direct that these grounds be considered on reconsideration by submission of
briefs, memoranda, written interrogatories or written statements and not by further submission of
evidence at hearing. Grounds for reconsideration or issues on reconsideration that are not
supported by specific explanation may be dismissed. Rule 311 determines when a matter that is
reconsidered is finally submitted for purposes of Section 61-626, Idaho Code. (7-1-93)
[Adopted as Rule 11.2, G.O. 155; amended and recodified, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-624, 61-626.
Case Law Reference: Washington Water Power Company v. Kootenia Environmental Alliance, 99 Idaho 875, 591 P.2d 122
(1979).
Cross Reference: Rules 41, 211, 249, 311, 331, 333.
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-75- Revised: 4/1/14
333. EFFECT OF FILING PETITION FOR RECONSIDERATION (Rule 333).
Filing a petition for reconsideration does not excuse compliance with any order nor stay the
effectiveness of any order, unless otherwise ordered. Petitions to stay may accompany or precede
petitions for reconsideration. (7-1-93)
[Adopted as Rule 11.3, G.O. 155; amended and recodified, G.O. 163.]
Statutory Reference: Idaho Code §§ 61-626, 61-633, 61-634.
Cross Reference: Rules 324, 331, 332.
334. -- 340. (RESERVED).
APPEAL
RULES 341 THROUGH 350
341. PERSONS WHO MAY APPEAL (Rule 341).
01. Parties Aggrieved by Order Following Petition for Reconsideration. After a
petition for reconsideration is denied, or, if the petition is granted, then after the rendition of the
decision on reconsideration, the state of Idaho or any party aggrieved may appeal from any such
order of the Commission by filing with the Commission Secretary a notice of appeal conforming
to the requirements of the Idaho Appellate Rules within the time provided by the Idaho Appellate
Rules. See Section 61-627, Idaho Code. (7-1-93)
02. Parties Aggrieved by Denial of Petition for Reconsideration. No person is a
party aggrieved by an order denying reconsideration unless the person is a party that petitioned
for reconsideration and presented the ground(s) and issue(s) on which it contends it was
aggrieved by earlier orders of the Commission as issue(s) on reconsideration pursuant to Rule
331 and the Commission denied reconsideration on some or all of those issues. (7-1-93)
03. Parties Aggrieved Following Reconsideration. No party is aggrieved by an order
issued on reconsideration unless: (7-1-93)
a. The party petitioned or cross-petitioned for reconsideration, its petition or cross-
petition was granted, and the order issued on reconsideration did not grant the relief requested in
the party’s petition or cross-petition for reconsideration with regard to some or all of the grounds
and issues on reconsideration presented in its petition or cross-petition; or (7-1-93)
b. The party did not petition or cross-petition for reconsideration, but stated on the
record, by motion, or by brief that it opposed any alteration or change in the Commission’s
earlier order(s) on some or all of the grounds associated with issue(s) on reconsideration, and the
order issued on reconsideration altered or changed the earlier order(s) with regard to some or all
of the grounds or issues on reconsideration that the party opposed. (7-1-93)
[Adopted as Rule 12.1, G.O. 155; amended and recodified, G.O. 163.]
Statutory Reference: Idaho Code § 61-627.
Court Rule Reference: I.A.R. 4, 11(e).
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-76- Revised: 4/1/14
Cross Reference: Rules 323, 324, 331, 342.
342. NOTICE OF APPEAL (Rule 342).
The notice of appeal must be filed with the Commission Secretary as provided in the Idaho
Appellate Rules. A notice of appeal is not considered filed for any purpose when it is mailed, but
is only considered filed when it is received by the Commission Secretary. (7-1-93)
[Adopted, G.O. 155; amended, G.O. 163.]
Court Rule Reference: I.A.R. 14(b), 15, 17, 18, 20, 21, 23.
343. PREPARATION OF APPELLATE RECORD (Rule 343).
The Commission by order may correct the title of an appeal to properly designate all parties as
appellants, cross-appellants, respondents, or cross-respondents and to omit those designations for
parties before the Commission who are not parties on appeal. All requests for a transcript on
appeal must be served on the reporter and on the Commission Secretary. Reporter’s fees under
Idaho Appellate Rule 24(c) should be paid directly to the reporter, not to the Commission
Secretary. The Secretary’s fees under Idaho Appellate Rule 27(b) for preparation of the agency’s
record are the same fees provided in that rule for the clerk of the district court to charge for
preparation of the clerk’s record. (4-5-00)
[Adopted, G.O. 163; amended, G.O. 202.]
Court Rule Reference: I.A.R. 6, 17-19, 24(c), 26, 27(b).
344. -- 350. (RESERVED).
SETTLEMENT OF APPEAL FROM THE COMMISSION
RULES 351 THROUGH 360
351. DISMISSALS (Rule 351).
Settlements in which appellants or cross-appellants from orders of the Commission agree to
dismiss appeals, cross-appeals, or issues on appeal or cross-appeal without requiring the
alteration, amendment or rescission of any Commission order are called dismissals. Any party
may dismiss any appeal, cross-appeal, or issue on appeal or cross-appeal without any
involvement of the Commission. Dismissals are governed solely by the procedures established
by the Supreme Court of Idaho. (7-1-93)
[Adopted, G.O. 182.]
352. SETTLEMENTS CALLING FOR COMMISSION ACTION (Rule 352).
Settlements in which one or more parties agree to dismiss an appeal, cross-appeal, or issue on
appeal or cross-appeal in conjunction with the alteration, amendment or rescission of a
Commission order are called settlements calling for Commission action. If any party to an appeal
wishes to attempt to negotiate a settlement calling for Commission action, it must notify the
Commission and all other parties to the appeal of its intention to do so. If the Commission
believes that settlement negotiations are in the public interest, it may authorize the Commission
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-77- Revised: 4/1/14
Staff to enter into settlement negotiations. In conducting those negotiations, the Staff must abide
by Rule 272 with regard to active settlements of issues before the Commission. Settlement
negotiations are confidential, unless all participants to the negotiation agree to the contrary.
(7-1-93)
[Adopted, G.O. 182.]
Cross Reference: Rule 272.
353. SUGGESTION FOR INQUIRY ABOUT SETTLEMENTS (Rule 353).
In authorizing the Staff to enter into settlement negotiations for a settlement calling for
Commission action, the Commission may invite settlement of the entire appeal (including cross-
appeals) or of certain issues. The authorization must be in writing and served upon all parties, but
need not be done by notice or order. In authorizing negotiation for settlement calling for
Commission action, the Commission or individual Commissioners may indicate acceptable
ranges of settlement, preclude certain issues from settlement, or otherwise inform the parties of
its views on settlement of an appeal calling for Commission action in aid of securing a just,
speedy and economical settlement negotiation. Neither the Commission nor individual
Commissioners will indicate ex parte their views on the merits of any proposed settlement.
(7-1-93)
[Adopted, G.O. 182.]
354. CONSIDERATION OF SETTLEMENT ON APPEAL (Rule 354).
When a settlement of an appeal calling for Commission action is presented to the Commission,
the Commission will prescribe procedures appropriate to the nature of the settlement to consider
the settlement. For example, the Commission may accept settlement of essentially private
disputes that have no significant implications for regulatory law or policy or for other utilities or
customers summarily upon the written request of the affected parties. On the other hand, when
one (1) or more parties to the appeal is not party to the settlement or when the settlement presents
issues of significant implication for other utilities, other customers or the public interest, the
Commission may convene an evidentiary hearing to consider the reasonableness of the
settlement and whether acceptance of the settlement is in the public interest. In all cases, the
Commission will follow the procedure established by Section 61-624, Idaho Code, with regard to
alteration, amendment or rescission of any order affected by the settlement. (7-1-93)
[Adopted, G.O. 182.]
Statutory Reference: Idaho Code § 61-624.
355. BURDENS OF PROOF (Rule 355).
Proponents of a proposed settlement carry the burden of showing that the settlement is
reasonable, in the public interest, or otherwise in accordance with law or regulatory policy. In
any instance in which parties or affected persons oppose the settlement, proponents of the
settlement should be prepared to call witnesses and argue in favor of the settlement. Opponents
of the settlement should be prepared to examine supporting witnesses, offer opposing witnesses
or argue against the settlement. The Commission may require the development of an appropriate
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-78- Revised: 4/1/14
record in support of or opposition to a proposed settlement as a condition of accepting or
rejecting the settlement. (7-1-93)
[Adopted, G.O. 182.]
356. SETTLEMENTS NOT BINDING (Rule 356).
The Commission is not bound by settlement agreements. It will independently review any
settlement proposed to it to determine whether the settlement is just, fair and reasonable, in the
public interest or otherwise in accordance with law or regulatory policy. When a settlement
agreement is presented to the Commission for its approval, the Commission may accept the
settlement, reject the settlement, or state additional conditions under which the settlement will be
accepted. In the last instance, the parties will have twenty-one (21) days to state their acceptance
or rejection of the additional conditions imposed by the Commission. (7-1-93)
[Adopted, G.O. 182.]
357. -- 400. (RESERVED).
SUBCHAPTER C – RULEMAKING
RULES 401 THROUGH 500
401. ADOPTION OF ATTORNEY GENERAL’S RULES OF PROCEDURE FOR
RULEMAKING (Rule 401).
The Commission hereby adopts the Attorney General’s Idaho Rules of Administrative Procedure
for rulemaking, IDAPA 04.11.01.800 et seq., as its rules for all procedure regarding rulemaking.
(7-1-93)
Cross Reference: IDAPA 04.11.01.800
402. -- 999. (RESERVED).
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-i-
Admissions, Request for
Amendment of Final Order
Amendment of Pleadings
Answers
Defined
Failure to File
Form and Contents of
Initial Pleading
Procedure on Motions
Time for Filing
To Motions
To Complaints or Petitions
Answers to Discovery
Computer Readable Form
Filing of
Production Requests
Public Records
Requests for Admission
Separately Stating
Time to Answer
Voluminous Answers
Appeal, Notice of
Appeal, Persons Who May
Appellate Record, Preparation
Appearances, Taking of
Applicants
Defined
Exhibit Numbers of
Applications
Computer Documentation
Defined
Existing Utility
Form and Contents
General Rate Cases
Initial Pleading
Intervenor Funding
New Utility
Notice of
Notice of Intent
Public Records
Rate Cases, Notice of
Rate Changes
Security Issuances
Suspension of Rates
Attorney, Limited Admissions
Attorney, Representation
225
326
66
57
57
57
41
256
57
57
57
228
228
228
233
228
228
225
228
342
341
343
42
32
230
121
52
112
52
122
41
161
111
113
122
282
123
121
141
123
19
43
Audit, Statutory
Bar Commission Rule
Bench Ruling
Briefs
Commissioners’ Record,
Part of Filing
Filing
Request for
Captions of Rules
CD-ROM
Certificate – Convenience &
Necessity
Application, Existing Utility
Application, New Utility
Certificate of Service
Change in Rates
(General Rate Case)
Citation of Rules
Clarification, Petition for
CLEC
Comments
Commission
Electronic (e-mail) Address
Mailing Address of
Office Hours of
Office of
Service by
Street Address of
Commission as Complainant
Commission Secretary
In General
Official File
Commissioners’ Record
Additional Documents
Defined
Communications, By Parties
Communications, Filing
Communications, Identification
Complainants
Defined
Exhibit Numbers of
Complaints
Answers to
Defined
Form and Contents
227
19, 43
311
284
62
255
8
61, 67,
132, 231
112
111
64
125
6
325
114
203
12
12
12
12
16
12
34
14
282
284
284
15
14
15
34
230
57
54
54
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-ii-
Informal Complaints
Initial Pleading
Motions Against
Computer Models
Production Requests
Used in Applications
Conduct of Participants
at Hearing
Conduct at Hearing
Confidential Information
Defined
Form
Handling
Marking
Procedures
Protective Agreements
Safeguarding
Consent Agreements
Defined
Form and Contents
Not Settlements
Conservation of Telephone
Numbers
Consolidation of Proceedings
Construction of Rules
Continuances of Hearings
Corporations, Rep. at Hearings
Counties
Customer Notice
(General Rate Case)
Decision, Summary of
Declaratory Ruling, Petition for
Notice of Petition
Defective Pleadings
Depositions
Notice of Taking
Offered into Evidence
Scope and Purpose of
Self-Incrimination
Deviation from Rules
Discovery
Commissioners’ Record,
Not in
Contrasted with Statutory
Audit
Failure to Answer
55
41
56
228
121
47
244
67
67
67
67
67
67
67
58
58
277
114
247
13
252
43
39
125
311
101
102
65
224
264
224
234
234
284
227
232
Filing
Hearing Record, Not Part of
Kinds Listed
Number of Copies
Public Inspections &
Non-Disclosure
Right of
Safeguarding
Scope of
Self-Incrimination
Time to Reply
Trade Secrets
Documents
Custodian of
FAX of
Filing of
Form of
Identification of
Number of Copies
Paper Size of
Proof of Service
Receipt by Commission
Service of
Drop Box
Duplex Pages
Electronic Address (E-mail)
Electronic Filing
Evidence
Exhibits
In General
Objection to
Offer of Proof
Order of Introduction
Rules of
Rulings on
Rulings on Objections
Testimony
Examination, Statutory
Exhibits
Assignment of Numbers
Automatic Admission of
Distribution of
Format of
Hearing Record, Part of
Identification of
Objection to
61
283
221
61
233
222
233
221
234
225
233
14
61
61
62
15
61
62
64
14
63
12
62, 231
12
61
267
261
265
265
249
261
261
261
250
227
230
267
267
267
283
267
267
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-iii-
Offered at Hearing
Sources of
Time to Make Available
Titles of
Trade Secrets
Expeditious Consideration
Failure to Appear at Hearings
FAX (Facsimile Transmission)
Fees and Remittances
File, Commission Secretary’s
File, Official
Files, Custodian of
Filing – Discovery
Filing Documents
Final Orders
Clarification of
Defined
Petitions to Designate as
Final
Review of
Service Date of
Stay of
Formal Complaints,
(See 41, 54-57)
Former Employees
General Rate Case
Notice of Intent
Gov’t Agencies, Rep. at Hearing
Hearing Examiners, Procedure
Hearing Record
Defined
Reporter, The
Hearings
Conduct at
Conference at
Consolidated Hearings
Continuances of
Failure to Appear at
Joint Hearings
Notice Required
Open to Public
Oral Argument
Order of Examination
of Witnesses
267
267
267
267
67
145,
202
301
61
18
282
282
14
61
61
325
323
323
323
323
324
48
122
43
258
283
285
244
245
247
252
301
257
241
243
254
249
Order of Presentation
of Evidence
Preliminary Procedure
Recessing for Conference
Rulings During Hearing
Self-Incrimination at
Smoking Prohibited
Testimony at Hearing
Time and Place of Hearing
Trade Secrets
Type
Customer Hearing
Technical Hearing
With Federal Agencies
With State Agencies
Hearsay
Immunity, Granting of
At Hearing During Discovery
Increased Rates, Application of
Index of Rules
Individuals, Rep. at Hearing
Informal Complaints
Informal Inquiries
Investigative Records
Interconnection Agreements
Interested Persons
Interlocutory Orders
Clarification of
Examples of
Petition to Review
Review of
Stay of
Internet Homepage
Intervenor Funding
Application of
Form and Contents
Awards
Prohibition by Competitor
Time to Apply
Intervenors
(See 41, 43, 61-62, 71-75)
Defined
Exhibit Numbers of
Limitation at Hearing
With Similar Interests
249
246
245
253
259
244
250
241
243
241
241
257
257
261
259
234
121
8
43
55
55
26
114,126
38
325
321
322
321
324
12, 14
161
162
165
163
164
36
230
251
251
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-iv-
Intervention
Opposition to
Order Granting
Reasons for
Investigatory Records
Joint Hearings
Mailing Address of Commission
Modified Procedure
Action by Commission
Comments to
Notice of
Protests to
Reply
Scope of
Motions
Answers to
Complaints, Motions to
Considered at Hearing
Defined
Form and Contents of
If Initial Pleading
Petitions, Motions to
Pro Hac Vice
Procedure On
Rulings at Hearing
Rulings On
Rulings Without Answers
Time for Filing
Municipalities, Rep. at Hearing
Notice of Appeal
Notice of Application
Certificates
Rate Cases
Notice of General Rate Case
Change in Rates
Customer Notice
Press Release
Notice of Modified Procedure
Notice, Official
Notices
Commissioners’ Record,
Part of
Deposition, Time to File
Hearing, Time to Give
Parties
Electronic Notice
75
71
71
55
257
12
204
203
202
203
202
201
57
56
246
56
56
41
56
19, 43
256
253
256
256
56
43
342
113
123
125
125
125
202
263
284
224
241
49
49
Security Issuance
Service by Mail
Service of
Withdrawal of Party
Withdrawal of Representative
Number of Copies
Objections, How Made
Offer of Proof
Office Hours of Commission
Office of Commission
Official File or Records
Official Notice
Opening Statements
Oral Argument
Orders
Adopting Rules
Certificates of Conv. & Nec.
Commissioners’ Record,
Part of
Final Orders Defined
Granting Intervention
Interlocutory Orders Defined
Service by Mail
Service of
Stay of
Organizations, Rep. at Hearing
Original Parties
Parties
Initial Pleadings
Listed
Notice of
Order of Examination
Order of Evidence
Original Parties
Persons Not
Rehearing, Designation of
Representatives at Hearing
Representatives Limited
Representatives, Naming of
Rights of
Service On
Service on Representatives
Withdrawal of Parties
Partnerships, Rep. at Hearing
Persons
Defined
141
16
14
45
46
61
265
265
12
12
282
263
246
254
8
113
284
323
75
321
16
14
324
43
31
41
31
49
249
249
31
39
31
43
41
41
38
41
44
49
43
39
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-v-
Interested Persons
Not Parties
Motions
Petitioners
Defined
Exhibit Numbers of
Petitions
Answers to
Change Final Order
Change Interlocutory Order
Clarify Order
Defined
Form and Contents of
Initial Pleading
Motions Against
Stay Order
Petitions for Clarification
Petitions to Intervene
Dismissal of Intervention
Form and Contents of
Granting of
Opposition to
Timeliness of
Petitions for Reconsideration
Answers to
Form and Contents of
Issues on Reconsideration
Order Still in Effect
Persons Who May Petition
Statement of Grounds
Timeliness of
PDF
Petitions for Rulemaking
Petitions to Stay
PCA
PGA
Pleadings
Adoption
Affidavits Supporting
Amendments to
Answers
Applications
Commissioners’ Record,
Part of
Complaints
Consent Agreements
39
39
56
33
230
57
53
53
41
56
326
322
325
324
325
74
72
75
73
324
331
331
331
333
331
331
331
61
101
324
122
122
51
51
66
57
52
284
54
58
Defective Pleadings
Dismissal of
Electronic Address
Filing of
Form of
Initial
Insufficient
Joinder in
Late
Listed
Number of Copies
Petitions
Return of
Service of
Withdrawal of
Position, Statement of
Power Cost Adjustment (PCA)
Prehearing Conference
Agreements Reached at
Conduct at
Conference Proceeding
Privilege
Formal
Informal
Notice of
Privileges at
Purpose of
Settlements
Prepared Testimony and Exhibits
Computer Readable Copy
Cover Sheet
Filing
Form and Contents
Introduction at Hearing
Number of Copies
Paper Size
Summary of Testimony
Time to File
Press Release
(General Rate Case)
Pro Hac Vice
Proceedings, Consolidation of
Production Requests
Answers to
Failure to Answer
Form and Contents
65
65
41
61
62
41
65
51
65
51
61
53
65
63
67
255
122
214
213
215
213
213
212
215
211
214
231
231
231
231
266
230
231
260
231
125
19, 43
247
228
232
225
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-vi-
Not Limited by Court Rules
Objection to
Opinions and Statements
Scope of
Separately Stating Answers
Time to Answer
Proof of Service
Proof, Offer of
Proposed Orders
Adoption by Commission
By Commission
Commissioners’ Record,
Part of
Exceptions to
Security Issuance
Protests
Protective Agreements
(See 233, 243, 287)
Public Hearings
Applications
Discovered Material
Informal Inquiries
Investigative Records
Public Witness
Defined
Evidence Offered by
Limitation at Hearing
Right to Make Statement
With Similar Interests
Public Workshops
Purchased Gas Cost Adjustment
Rate Changes
Application for
Effective Date
Notice of Application
Notice of Intent
Notice to Commission
Suspension of
Rate Increase, Applications for
Reconsideration of Order
By Brief
By Written Interrogatory
Cross Petition for
Petition for
Procedure on
Record, Commissioners’
225
225
225
225
225
225
64
265
312
312
249
312
243
203
52
233
55
26
76
76
251
76
243
125
122
121
123
123
122
123
121
121
332
332
331
331
332
284
Record, Hearing
Records, In Other Cases
Records, Official
Remittances to Commission
Representation at Hearing
Attorney Representation
Pro Hac Vice
Corporation
Governmental Agencies
Individuals
Municipalities
Non-Profit
Other Persons
Partnerships
Reporter
Representatives
Listing of
Service on
Substitution of
Withdrawal of
Request for Admission
Answers to
Failure to Answer
Form and Contents of
Opinions and Statements
Scope of
Time to Answer
Respondents
Defined
Exhibit Numbers of
Review of Final Order
Review of Interlocutory Order
Rulemaking, Petition for
Rules of Procedure
Captions of
Citation of
Construction of
Deviation from
Orders Adopting
Scope of
Title of
Scope of Rules
Secretary of the Commission
Secretary’s Official File
Security Issuance
Application for
283
262
281
18
43
19, 43
43
43
43
43
43
43
43
285
41
44
45
45
228
226
225
225
225
225
35
230
323
321
101
8
6
13
13
8
11
6
11
14
282
141
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-vii-
Exemptions
Expeditious Consideration
Federal Agencies, File with
Fees
Hearings
Modified Procedure
Reports
State Agencies, Filed with
Summary Action
Self-Incrimination, Right Not to
At Hearing
During Discovery
Service
By Commission
Certificate of
Discovery
Electronic
E-mail
On Parties
On Persons not Parties
On Representatives of Parties
Proof of
Settlements Before Commission
Active Settlement
Approval of
Commissioners’ Involvement
Commission not Bound
Opposing Settlement
Passive Settlement
Procedure to Consider
Supporting Settlement
Settlements on Appeal
Burden of Proof
Commission not Bound
Commission Action
Consideration of Settlement
Inquiry
Dismissal
Smoking Prohibited at Hearings
Staff
Exhibit Numbers of
Former Employees
Representation of
Rights of Party
147
145
142
146
144
144
143
142
144
259
234
16
64
63
16, 63
63
63
44
44
64
272
276
273
276
275
271
274
275
355
356
352
354
353
351
244
230
48
34
37
Statements of Position
Commissioners’ Record,
Part of
In General
Statements, Opening
Statutory Examination and Audit
Stay of Order
Stay, Petition of
Stipulations
Commission not Bound
Filing of
In General
Parties Bound by
Rejection of
Submission for Decision
Subpoenas
Suspension of Proposed Rates
Tariff Advices
Tariff Filings
Tariffs
Accompanying Application
Electronic
Filed Pursuant to Order
Form
Motions, Opposing
Number Filed
Review of
Testimony, Given under Oath
Testimony and Exhibits
(See Prepared Testimony
and Exhibits)
Testimony Summary
Time, Computation of
Title of Rules
Trade Secrets
Defined
Form
Handling
Marking
Procedure
Protective Agreement
Safeguarding
Tracker
Transcripts
Designation of Testimony
Exhibits Listed
284
255
246
227
324
324
248
248
248
248
248
311
226
123
134
131
121
132
133
131
133
132
133
250
260
17
1
67
67
67
67
67
67
67
125
286
286
IPUC RULES OF PROCEDURE IDAPA 31.01.01
-viii-
Hearing Record, Part of
Number of Copies
Numbering of Pages & Vol.
Page Numbering of
Paper
Parties Listed in
Prepared Testimony
Purchase of
Sealed
Time to File
Titles
Volume Numbers of
Witnesses Listed in
Unbound Pages
Unstapled Pages
Withdrawal
Of Party
Of Pleadings
Of Representative
Witnesses
Order of Examination
Testimony under Oath
Workpapers
Commissioners’ Record,
Not Part of
Hearing Record, Not Part of
Workshops, Public
Written Interrogatories
283
286
286
286
286
286
286
286
287
285
286
286
286
61
61
45
67
46
249
250
284
283
127
225