WRIGHT.docx

August 12, 1997
Mr. Joe Wright
Idaho County Prosecuting Attorney’s Office
114 S. Idaho
Grangeville, ID 83530
Dear Mr. Wright:
After considering this matter I have come to the conclusion that, because of its cooperative agreement with the federal government (copy attached), the Idaho Public Utilities Commission, in coordination with other state agencies, has the legal authority to issue citations to interstate carriers for violations based upon the Code of Federal Regulations.  Said authority exists regardless of whether the carrier is transporting persons or goods in a manner that, if they were operating intrastate, would exempt them from Commission regulation pursuant to Idaho Code § 61-801.  Attached to this letter is a legal memorandum prepared by Mike Gilmore, who was formerly the head of the Commission’s Legal Division.  I have reviewed Mr. Gilmore’s memorandum and agree that this remains the position of the Commission Staff.  If you have any questions or wish to discuss this matter in greater detail, please do not hesitate to contact me.
Very Truly Yours,
Brad Purdy
Deputy Attorney General
BP/cm/L:wright.bp
Enclosure