26561.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE REQUEST OF IDAHO POWER COMPANY FOR AN EMERGENCY EXEMPTION FROM MOTOR CARRIER RULE 19, IDAPA 31.61.01.019
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CASE NO. GNR-M-96-3
ORDER NO.  26561
On August 9, 1996, Idaho Power Company filed a request that it be granted an emergency exemption from the federal “70-hour” rule adopted in our Motor Carrier Rule 19, IDAPA.31.61.01.019.  Motor Carrier Rule 19 adopts the federal motor carrier safety regulations which, among other things, prohibit a motor carrier from using a driver’s services for more than “70 hours in any period of 8 consecutive days.”  49 C.F.R.§395.3(b)(2).  The Company requests a waiver of this federal motor carrier safety rule so its work crews may repair severe damage to two transmission lines.
In its request, the Company states that the Lake Walcott fire near Rupert severely damaged portions of two transmission lines.  The Company asserts that failure to restore these transmission lines “could cause a system blackout similar to the July 2 disturbance we experienced last month. Having more thunderstorms and lightning in our immediate forecast, our System Dispatchers feel it is imperative to restore our system’s integrity as quickly as possible.”  On July 2, 1996, the electrical service to Idaho and several other western states was disrupted by a regional blackout. Idaho Power’s repair crews will be working twelve-hour days until the repairs on these lines are complete.  The Company urges the Commission to grant a waiver until August 13, 1996.
Motor Carrier Rule 11 provides that the Commission may relieve intrastate carriers from the requirements of 49 C.F.R. Parts 390 through 399 following the declaration of an emergency.  In addition, 49 C.F.R. §390.23(a)(2) states that exemptions from the hours-of-service rules may be granted when an emergency has been declared provided that the exemption not exceed a duration of more than five days.  Based upon the assertions contained in Idaho Power’s request, the Commission finds that there is good cause to issue a Declaration of Emergency relieving Idaho Power from the requirements of the 70-hour rule.  Pursuant to 49 C.F.R. §390.23(a)(2), the Commission grants this emergency waiver for a duration of four days or until midnight, August 13, 1996.
ORDER
IT IS THEREFORE ORDERED that Idaho Power Company’s request for an emergency exemption from 49 C.F.R. §395.3(b)(2) is granted pursuant to our authority contained in Motor Carrier Rule 11 and 49 C.F.R. §390.23(a)(2).  The Company is granted an exemption from the 70-hour rule until midnight, August 13, 1996.
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. GNR-M-96-3 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. GNR-M-96-3.  Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.  See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of August 1996.

RALPH NELSON, PRESIDENT

MARSHA H. SMITH, COMMISSIONER
Commissioner Hansen was out of the office
on this date                                                
DENNIS S. HANSEN, COMMISSIONER
ATTEST:

JEAN JEWELL
ASSISTANT COMMISSION SECRETARY
ipco.gnr
COMMENTS AND ANNOTATIONS
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Service Date
August 9, 1996