20220421Final_Order_No_35375.pdf

ORDER NO. 35375 1

Office of the Secretary
Service Date
April 21, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN RE COVID-19 RESPONSE )
)
)
)
CASE NO. GNR-U-20-01

ORDER NO. 35375

In early 2020, the Governor declared the COVID-19 pandemic to be an emergency.
The Idaho Department of Health and Welfare (“IDHW”), Central District Health (“CDH”), and
other public health authorities then adopted standards to help prevent COVID-19 from spreading.
The Commission, in turn, initiated this docket and issued orders to foster safe practices and
procedures at the Commission.
On March 13, 2020, in response to the Governor’s declaration, the Commission
directed that (1) its offices would remain open during regular business hours; (2) open meetings
and hearings would be conducted telephonically or virtually; (3) Rules 61 and 62 specifying the
number of copies of different pleadings that must be filed were suspended; and (4) the Commission
Secretary would serve all orders and notices—except Summons or Complaint—electronically.
Order No. 34602.
On September 17, 2020, to remain compliant and consistent with the Governor’s
objectives, the Commission issued a replacement order updating its practices in Order No. 34602.
The Commission (1) encouraged persons to remotely attend the Commission’s public proceedings;
(2) required persons who physically attend public proceedings to wear masks and/or keep six-feet
away from others while adhering to CDH’s public health directives; (3) suspended Rules 61 and
62 of the Commission’s Rules of Procedure1 to the extent those rules required persons to physically
file copies of pleadings; and (4) provided most pleadings, orders, and notices would be filed and
served electronically. Order No. 34781 at 1-3.
On June 3, 2021, in response to public health authorities relaxing COVID-19
guidelines, and vaccines becoming available, the Commission superseded Order No. 34781 by (1)
continuing to encourage parties to utilize virtual platforms for meetings, hearings, and other
proceedings; (2) altering the safety precautions for physical attendance based on current IDHW
and CDH guidelines in effect; and (3) continuing to suspend the requirements of Rules 61 and 62

1 All references and citations to rules in this Order are to the Commission Rules of Procedure. See IDAPA 31.01.01.001
et seq.

ORDER NO. 35375 2
and permitting electronic service of orders and notices by the Commission Secretary. Order No.
35058 at 1-2.
GOVERNOR’S EMERGENCY DECLARATION TO END
On March 8, 2022, the Office of the Governor issued a press release declaring the
“public health disaster emergency declaration to end April 15 [2022].” The Governor stated:
We’re hopeful the recent decrease in COVID-19 cases, hospitalizations, and
deaths means we are on a downward trend with the pandemic. For weeks, we
have been closely examining the needs within Idaho’s healthcare system with
an eye toward ending the public health emergency declaration as soon as
possible. The April 15 timeframe provides an important bridge . . . to plan for
the transition.
The Governor is the only person in the State who can legally end an emergency
declaration. The press release notes that the Governor’s Office has been working with stakeholders
to ensure Idaho is prepared for the expiration of the emergency declaration on April 15, 2022.
COMMISSION DECISION
Recently, the Governor announced the COVID-19 emergency declaration would end
on April 15, 2022. The direction from the Governor means the practices and procedures established
by the Commission in response to the emergency declaration during the preceding 25 months are
no longer required or necessary. However, some of the procedural alterations in response to the
Governor’s declaration appropriately modernized requirements for filing and service at the
Commission and will therefore be retained. Because the emergency declaration ended, the
Commission finds it appropriate to replace Order No. 35058 with a new order and directs Staff to
close this case upon issuance.
The Commission continues to find, under Rule 13 of the Commission’s Rules of
Procedure (IDAPA 31.01.01.13), it is in the public interest to provide flexibility for utilities,
parties, and the public to participate in Commission proceedings and activities. Consequently, the
Commission orders as follows:
1. Order No. 35058 superseded. With this Order, the Commission provides notice that,
effective as of April 15, 2022—except as provided herein—the COVID-19 related health
and safety protocols established in Order No. 35058 are no longer in effect.

2. Virtual meetings, hearings, and other proceedings to continue. The Commission finds
that virtual platforms adopted to meet health and safety requirements established during
different stages of the COVID-19 pandemic response allowed the public to participate in
matters before the Commission without requiring physical attendance. Going forward, the

ORDER NO. 35375 3
Commission will continue using these platforms for meetings, hearings, and other
proceedings at our discretion. Staff and parties may continue to use virtual platforms for
meetings and settlements as determined appropriate and agreed to by the parties on a case-
by-case basis.

3. Electronic Filing by Parties. The requirements of Rules 61 and 62 that a specified number
of copies of different pleadings be filed with the Commission is suspended. Filings of
applications and other pleadings with the Commission will be deemed filed when the
electronic submission is received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Utilities should continue to
provide physical copies of rate cases and other application filings that include large or
voluminous attachments. (Voluminous discovery-related documents, may be filed and
served on CD-ROM or a USB flash drive.) Notice to customers of a change in rates must
still be accomplished by a mailing. See Rule 125.

4. Electronic Service of Commission Notices and Orders. The Commission Secretary has
the discretion to serve all Commission notices and orders by electronic mail. See Rule
16.01. The Commission will continue to issue all notices and orders by electronic mail,
except for any Summons or Complaint, which will continue to be served by
registered/certified mail. See Rule 16.01.

This Final Order supersedes Order No. 35058 and is effective immediately.
///

ORDER NO. 35375 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 21st day
of April 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\MULTI-UTILITY\GNR-U-20-01\GNRU2001_Covid19.final.docx