20210604Notice_of_Petition_Order_No_35068.pdf

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35068 1

Office of the Secretary
Service Date
June 4, 2021

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

In a May 28, 2021, decision memorandum, Commission Staff proposed the
Commission adopt its safety rule chapters—IDAPA 31.11.01 (Safety and Accident Reporting
Rules for Utilities Regulated by the Idaho Public Utilities Commission) and IDAPA 31.71.01
(Railroad Safety Rules)—by order instead of promulgating these rule chapters under the Idaho
Administrative Procedure Act (“APA”).
We find Staff’s proposed regulatory change is a petition. The Commission now sets
comment deadlines for the public to comment on the Petition and for Staff to respond.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that under the APA the Legislature each session
must extend by statute administrative rules promulgated under the APA. Idaho Code § 67-5292.
If the Legislature fails to extend by statute the State’s administrative rules, all administrative rule
chapters expire on July 1st. The Legislature adjourned/recessed its 2021 Legislative Session
without extending agency rules by statute. At the direction of the Division of Financial
Management, the Commission adopted all but two of its existing rule chapters as temporary rules
at its June 1, 2021, decision meeting to avoid regulatory lapse. See Idaho Code § 67-5226.
YOU ARE FURTHER NOTIFIED that the Commission has not yet adopted as
temporary rules two of its existing rule chapters: IDAPA 31.11.01 (Safety and Accident Reporting
Rules for Utilities Regulated by the Idaho Public Utilities Commission) and IDAPA 31.71.01
(Railroad Safety Rules). At the Commission’s June 1, 2021, decision meeting, Commission Staff
pointed out that the Commission has express statutory authority under Idaho Code § 61-515 to
adopt safety regulations “by general or special orders.” Staff asserted IDAPA 31.11.01 and IDAPA
31.71.01 can reasonably be described as safety regulations. Staff recommended the Commission
IN RE ADOPTING THE COMMISSION’S
SAFETY REGULATIONS BY ORDER
)
)
)
)
)
)
)
)
CASE NO. GNR-U-21-01

NOTICE OF PETITION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 35068
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35068 2

allow IDAPA 31.11.01 and IDAPA 31.71.01 to expire on July 1, 2021, and instead adopt the rule
chapters by order, consistent with Idaho Code § 61-515.
YOU ARE FURTHER NOTIFIED that Staff identified several advantages to adopting
IDAPA 31.11.01 and IDAPA 31.71.01 by order. Staff asserted the rules could be more easily
updated than under the APA. Staff also argued that “State funds will be saved by not having to
publish these rule chapters in the Idaho Administrative Bulletin this year and any subsequent year
in which the Legislature fails to extend the State’s administrative rules by statute.” Petition at 2.
YOU ARE FURTHER NOTIFIED that the Petition is available for public inspection
during regular business hours at the Commission’s office. These documents are also available on
the Commission’s web site at www.puc.idaho.gov. Click on the “MULTI-UTILITY” icon, select
“Open Cases,” and click on the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Titles 61 and 62 of the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Commission’s Rules of Procedure, IDAPA
31.01.01.201 through .204. The Commission notes that Modified Procedure and written comments
have proven to be an effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Petition may file a written comment explaining why the person supports or opposes the Petition.
Persons who would like a hearing must specifically request a hearing in their written
comments. Persons shall have until June 18, 2021, to file written comments. Comments must
be filed through the Commission website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission’s home page at www.puc.idaho.gov. Click
the “Case Comment Form” and complete the form using the case number as it appears on the front
of this document. To file by e-mail, the customer must e-mail the comments to the e-mail
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35068 3

addresses listed below. If computer access is unavailable, then comments may be mailed to the
Commission at this address:
Commission Secretary
Idaho Public Utilities
Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]
Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, Idaho 83714

YOU ARE FURTHER NOTIFIED that Staff must file any reply comments by June
24, 2021.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its order
without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.
O R D E R
IT IS HEREBY ORDERED that Staff’s Petition be processed by Modified Procedure,
Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written comments
must do so by June 18, 2021. Staff must file any reply comments by June 24, 2021.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
35058, issued June 3, 2021. All pleadings should be filed with the Commission electronically and
shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
///

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35068 4

DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 4th day
of June 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\z_RULES\GNR-U-21-01\GNRU2101_ntc_app_mod_mh.docx