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THE IDAHO PUBLIC UTILITIES COMMISSION--AGENCY 31
TITLE 36
CHAPTER 1
POLICIES AND PRESUMPTIONS FOR
SMALL WATER COMPANIES
IDAPA 31.36.01
TABLE OF CONTENTS
RULES 0 THROUGH 100--INTRODUCTION
000. Legal Authority
001. Title and Scope
002. Written Interpretations or Guidelines
003. Administrative Appeals
004. Public Records Act Compliance
005. Definitions
006. Citation
007. Effective Date--History of Rules
008. -- 100. (RESERVED).
RULES 101 THROUGH 200--POLICIES AND PRESUMPTIONS
FOR SMALL WATER COMPANIES
101. Small Water Companies Defined
102. Consideration of Alternative Service
103. Presumption of Contributed Capital
104. -- 999. (RESERVED).
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POLICIES AND PRESUMPTIONS FOR
SMALL WATER COMPANIES IDAPA 31.36.01
RULES 0 THROUGH 100--INTRODUCTION
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, and the specific authority of sections 61-301, 61-302, 61-303,
61-315, 61-501, 61-502, 61-503, 61-507, 61-508, 61-515, 61-520, and 61-523, Idaho Code, with
regard to valuation and service. (7-1-93)
001. TITLE AND SCOPE (Rule 1).
The name of this chapter is Policies and Presumptions for Small Water Companies. This chapter has
the following scope: All small water companies created or certified after the effective date of these
rules (November 1, 1987) are subject to the policies and presumptions of these rules. (7-1-93)
002. WRITTEN INTERPRETATIONS OR 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 administrative appeals under these rules because they are not procedural rules. If an
issue should arise calling for a proceeding to apply these rules, that proceeding would be conducted
under the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq. (7-1-93)
004. PUBLIC RECORDS ACT COMPLIANCE (Rule 4).
All correspondence with regard to these rules is a public record subject to inspection, examination,
and copying. (7-1-93)
005. DEFINITIONS (Rule 5).
As used in these rules, water utility, water company, or water corporation means a "water
corporation" as defined by statute in chapter 1, Title 61, Idaho Code, and orders of the Idaho Public
Utilities Commission and decisions of the Supreme Court of Idaho construing those statutes. (7-1-93)
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POLICIES AND PRESUMPTIONS FOR
SMALL WATER COMPANIES IDAPA 31.36.01
006. CITATION (Rule 6).
The official citation of these rules is IDAPA 31.36.01.000 et seq. For example, this rule is cited as
IDAPA 31.36.01.006. In documents submitted to the Commission or issued by the Commission,
however, these rules may be cited by their short title of Small Water Company Policies (SWCP) and
the parenthetical rule number. For example, this rule may be cited as SWCP 6. (7-1-93)
007. EFFECTIVE DATE--HISTORY OF RULES (Rule 7).
The Commission originally adopted these rules by General Order 174, effective November 1, 1987.
They were most recently codified at IDAPA 31.F. They were readopted and reformatted by
rulemaking decision in docket number 16-3601-9301, effective July 1, 1993. The history of
rulemaking proceedings preceding the initiation of the publishing of the Idaho Administrative
Bulletin and the Idaho Administrative Code is available from the Commission Secretary. (7-1-93)
008. -- 100. (RESERVED).
RULES 101 THROUGH 200--POLICIES AND PRESUMPTIONS
FOR SMALL WATER COMPANIES
101. SMALL WATER COMPANIES DEFINED (Rule 101).
Small water companies are water corporations as defined by the Public Utilities Law that: (7-1-93)
01. Gross Revenue. Have or anticipate not more than $50,000 annual gross revenues from
water operations. (7-1-93)
02. Customer Base. Provide service to fewer than three hundred customers or propose
initially to provide service to fewer than three hundred customers. [Adopted, G.O. 174.] (7-1-93)
102. CONSIDERATION OF ALTERNATIVE SERVICE (Rule 102).
The Commission may deny certificates for proposed new small water companies when it is shown
that there is no need for the service or that another company (whether municipal, cooperative, or
investor-owned) is willing and able to provide similar or better service. The Commission may deny
certificates for proposed new small water companies whose creation or expansion is in violation of
ordinance or resolution of cities, counties, or other local units of government or subdivisions of the
state. [Adopted, G.O. 174.] (7-1-93)
103. PRESUMPTION OF CONTRIBUTED CAPITAL (Rule 103).
In issuing certificates for a small water company or in setting rates for a small water company, it will
be presumed that the capital investment in plant associated with the system is contributed capital,
i.e., that this capital investment will be excluded from rate base. [Adopted, G.O. 174.]
(7-1-93)
104. -- 999. (RESERVED).
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