26580.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-96-4
ORDER NO.  26580
On August 27, 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 eight 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 five transmission lines.
In its request, Idaho Power states that fires and high winds have damaged its transmission and distribution system in many areas.  In the Eighth Street fire in Boise, fire retardant was dropped on the Emmett-Boise Bench 138 kv transmission line causing the insulators to short out and take the line out of service.  On the Boise Bench-Caldwell 230 kv line, one 2-pole structure was pulled out of the ground.  The Company lost 17 transmission structures on the Meridian-Zilog 69 kv line.  The Company also lost transmission structures on the Glenns Ferry-Upper Salmon and the Mountain Home Air Base-Elmore 138 kv transmission lines.  The Company considers the Boise Bench-Caldwell line critical to maintaining the Canyon County load.  With this line being out-of-service, the electrical system is in a “first contingency failure mode.  The loss of another line would result in a brown out and possibly a black out in the Nampa-Caldwell area reaching as far as Jordan Valley.”  Idaho Power urges the Commission to grant an emergency waiver until August 31, 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.  Although Idaho Power requests an exemption from the 70-hour rule, the Company also indicated that its personnel may be driving after being on duty for more than 15 hours, 49 C.F.R. § 395.3(a)(2).  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 and the 15-hour rule.  Pursuant to 49 C.F.R. § 390.23(a)(2), the Commission grants this emergency waiver for a duration of five days or until midnight, August 31, 1996.
O R D E R
IT IS THEREFORE ORDERED that Idaho Power Company’s request for an emergency exemption from 49 C.F.R. §§ 395.3(a)(2) and (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 and 15-hour rules until midnight, August 31, 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

DENNIS S. HANSEN, COMMISSIONER
ATTEST:

MYRNA J. WALTERS
COMMISSION SECRETARY
vld/O:gnr-m-96-4.dh
COMMENTS AND ANNOTATIONS
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Service Date
August 27, 1996