staff.doc

Deputy Attorney General
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074
Tele: (208) 334-
Idaho Bar No. 3366
FAX: [phone]

Street Address for Express Mail:

472 W Washington
Boise, ID 83702-5983

Attorney for the Idaho Public Utilities Commission

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE INVESTIGATION AND IMPLEMENTATION OF ELECTRONIC FILING AND PUBLISHING TECHNOLOGIES. ))))))
CASE NO. GNRU991

STAFF COMMENTS

COMES NOW the Staff of the Idaho Public Utilities Commission by and through its attorney of record and submits the following comments in response to the Commission’s Order and Notice of Modified Procedure issued July 16, 1999. In Order No. 28095, the Commission requested comments on its proposal to implement electronic filing of tariffs and price lists no later than September 30, 1999. In addition, the Commission’s Order also outlined the underlying procedures for electronic filing. See Order No. 28095 at 2.
The Commission specifically solicited comments concerning necessary changes to the Commission’s administrative rules to accommodate electronic filing. In response to this request, the Commission Staff recommends that the Commission consider changing a number of its Rules of Procedure and Title 62 Rules, IDAPA 31.01.01.000 and 31.42.01.000. These suggested changes are set out below.

RULES OF PROCEDURE, 31.01.01.000
By way of introduction, the Commission Staff recognizes that at first electronic filing will be voluntary on the part of utilities. Consequently, the amendments to the Commission’s Rules of Procedure set out below recognize that utilities may file in the conventional printed material format or the electronic format. The changes to Rule 61 encourage the electronic format.
Whether a utility chooses to file conventionally (United States mail, overnight delivery, or hand-delivery) the Commission’s proposal contained in Order No. 28095 assumes that an original, printed document will be submitted in addition to any electronically filed documents. In addition, Staff believes it is appropriate that a person’s initial pleading indicate the preference for service of documents. See Rule 41.

012. OFFICE--OFFICE HOURS—FAX NUMBER—MAILING, ELECTRONIC ADDRESS AND STREET ADDRESSES (Rule 12).
The principal office of the Commission is in Boise, Idaho. This office is open from 8:00 a.m. to 5:00 p.m., except Saturday, Sunday and legal holidays. The Commission's telephone number is [phone]. The Commission's text telephone (TDD) number for the hearing or speech impaired is [phone]. (7-1-93)( )

01. FAX Number, Mailing and Street Addresses. The Commission’s FAX number is [phone]. The Commission's mailing address is: Idaho Public Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074. The street address of the Commission is: 472 West Washington, Boise, Idaho 83702-5983. Except as permitted in Rule 12.02, Aall documents filed in all proceedings must be filed with the Commission at one (1) of these addresses.
(7-1-93)( )

02. Electronic Address. The Commission’s electronic address is www.puc.state.id.us. As provided elsewhere in these rules, the Commission may request certain documents to be filed electronically. ( )

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016. SERVICE BY COMMISSION (Rule 16).
The Commission Secretary serves all notices, orders, summonses, and complaints issued by the Commission or by the Secretary. (7-1-93)

01. Service Of Orders And Notices. All notices and orders served by the Commission may be served by United States or electronic mail. Unless otherwise provided by statute, these rules, order or notice, service of orders and notices is complete when a copy, properly addressed and stamped, is either deposited in the United States mail or transmitted electronically. All orders and notices shall be affixed with the Commission Secretary’s official service date on the first page. The Commission Secretary will serve all orders and notices in a proceeding on the representatives of each party designated pursuant to Rule 41 for that proceeding and upon other persons designated by these rules or by the Commission or any Commissioner. (7-1-93)( )

02. Service Of Summonses And Complaints. The Commission Secretary will serve complaints against utilities upon the person designated for that purpose by the utility. All utilities must maintain on file with the Commission Secretary a designation of such a person. Summonses and complaints directed to regulated utilities, motor carriers or other persons may shall be served by registered or certified mail. Writs of summons or subpoena and warrants of attachments directed to all other persons must be served by a person authorized to serve process by statute or by the Idaho Rules of Civil Procedure. (7-1-93)( )

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041. INITIAL PLEADING BY PARTY--LISTING OF REPRESENTATIVES--SERVICE (Rule 41).
01. Designation Of Representative Required. The initial pleading of each party to a proceeding (be it an application, petition, complaint, motion, or answer) must name the party's representative(s) for service and state the representative's('s) mailing and electronic (if available) address(es) for purposes of receipt of all official documents. Service of documents on the named representative(s) is valid service upon the party for all purposes in that proceeding. If no person is explicitly named as a party's representative, the person signing the pleading will be considered the party's representative. (7-1-93)( )

02. Number Of Representatives. No more than two persons may be designated as a party's representatives for purposes of service or receipt of official documents unless otherwise authorized by order. The Commission may condition such an order upon reasonable terms concerning payment of copying costs and mailing costs to additional representatives. (7-1-93)

03. Service. The initial pleading shall indicate whether the party’s(ies’) representative(s) prefer to be served in the future by United States or electronic mail. ( )

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044. SERVICE ON REPRESENTATIVES OF PARTIES AND OTHER PERSONS (Rule 44).
From the time a party files its initial pleading in a proceeding, that party must serve and all other parties must serve all future documents listed in Rule 71 upon all other parties' representatives designated pursuant to Rule 41, unless otherwise directed by order or notice or by the presiding officer on the record. The Commission or presiding officer may specify the manner of service subsequent to the initial pleading(s) by order or notice . Service may be accomplished by hand-delivery, overnight delivery or United States mail. Service by electronic mail may depend upon the facilities and equipment of the serving party and the party(ies) to be served. The Commission may order parties to serve past documents filed in the case upon those representatives. The Commission may order parties to serve past or future documents filed in the case upon persons not parties to the proceedings before the Commission. (7-1-93)( )

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049. NOTICE OF PARTIES (Rule 49).
As reasonably necessary in a proceeding, and in any event, at least once in every proceeding, the Commission Secretary will issue to the parties a notice of parties. The notice of parties will list all parties, their representative(s) under Rule 41, their representative's(s') mailing or electronic address(es), exhibit numbers assigned to the parties, and any other information required by the Commission. The notice of parties may indicate the manner of service for the parties and their representatives. The Commission Secretary will maintain on file a current list of all parties to a proceeding and issue a revised notice of parties as reasonably necessary to reflect changes in the previous notice of parties. (7-1-93)( )

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061. FILING DOCUMENTS WITH THE COMMISSION--NUMBER OF COPIES--FACSIMILE TRANSMISSION (FAX) (Rule 61).
At such time as the Commission is prepared to implement electronic filing, the Commission requests that all documents to be filed with the Commission Secretary be submitted in electronic format. Until such time or for persons unable to file electronically as specified in Rule 61.02 below, all documents filed shall comply with the requirements of Rule 61.01 below. The following numbers of documents must be filed with the Commission Secretary: (7-1-93)( )

01. Printed Filings. When filing printed material. ( )

01a. Utilities Cases. In utilities cases (other than security issuances): (7-1-93)( )

ai. Pleadings (applications, petitions, complaints, motions, answers and consent agreements)--an original and seven (7) copies. (7-1-93)( )

bii. Briefs, proposed orders, statements of position, and exceptions under Rule 312--eight (8) copies. (7-1-93)( )

ciii. Prepared testimony and exhibits--nine (9) copies (one (1) copy designated as reporter's copy) plus computer disk as required by Rule 231.05. (7-1-93)( )

div. Discovery-related documents (notice of deposition, production requests, written interrogatories, requests for admission, answers to discovery, explanations in lieu of discovery under Rule 225 and objections to discovery)--three (3) copies except as requested pursuant to Rule 229. (7-1-93)( )

02b. Regulated Carrier Cases And Security Issuances. In regulated carrier and security issuance cases: (7-1-93)( )

ai. Pleadings--an original and four (4) copies. (7-1-93)( )

bii. Other documents except for discovery-related documents--five (5) copies.
(7-1-93)( )

ciii. Discovery-related documents--three (3) copies. (7-1-93)( )

02. Electronic Filings. When filing documents listed in Rule 61.01 above electronically -- a printed original by hand-delivery, United States mail or overnight delivery and one (1) electronic copy under such procedures as the Commission shall establish by order. Procedures for electronic filing shall be available on the Commission’s Internet homepage: www.puc.state.id.us. ( )

03. FAX Filings. Pleadings (including supporting affidavits, memoranda, etc.) not exceeding ten (10) pages in length, notice of taking depositions, notices of withdrawal of party or of withdrawal of representative, stipulations, and documents requiring urgent or immediate action by the Commission may be filed with the Commission Secretary by facsimile transmission (FAX). Whenever any such document is filed by FAX, originals must be delivered to the Commission by overnight mail on the next working day. The use of FAX is prohibited to file prepared testimony and exhibits, requests for or answers to discovery (other than notices of taking deposition), or any other documents except as authorized by this paragraph. (7-1-93)

(BREAK IN CONTINUITY OF SECTIONS)
063. SERVICE ON PARTIES AND OTHER PERSONS (Rule 63).
All documents referred to in Rule 61 must be served upon the representatives of every party of record concurrently with filing with the Commission Secretary. When a document has been filed with the Commission Secretary by United States mail, overnight delivery, electronic mail, or FAX, it must be served upon all other parties with FAX facilities by FAXin similar fashion (as available) and upon the remaining parties by overnight mail, hand delivery, or the next best available service if these services are not available. The Commission may direct that some or all of these documents be served on interested or affected persons who are not parties. The Commission Secretary's notice of parties (and revisions to it) will list all persons whom the parties must serve and their representatives as of the date of the notice or its revision.
(7-1-93)( )

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132. NUMBER OF COPIES FILED--PROCEDURES (Rule 132).
Public utilities mustshall file an original and three (3) copies of their tariff schedules with the Commission in either printed or electronic format. (7-1-93)( )

01. Printed Filing. Utilities choosing to file their printed tariff schedules by overnight delivery, hand-delivery or United States mail, shall file an original and two (2) copies with the Commission. The Commission will stamp its approval in the space provided on each copy of an approved tariff, placing the original in its files and returning one copy to the public utility. (7-1-93)( )

02. Electronic Filing. Utilities choosing to file their tariff schedules by electronic means shall file an original set by overnight delivery, hand-delivery or United States mail, and the electronic set via the Commission’s Internet homepage (website): www.puc.state.id.us. Procedures for electronic filing of tariff schedules shall be established by order of the Commission and shall be available on the Commission’s Internet homepage. Electronically filed tariff schedules shall be printed in portable document format (PDF). When electronically filed, the Commission shall issue a confirmation that the PDF tariff schedule was received. ( ).

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134. TARIFF ADVICES (Rule 134).
01. Tariff Advices Authorized. Public utilities may file tariffs adding new or modifying existing services, providing for new or modified rules, or otherwise making minor changes to existing schedules by tariff advice. The tariff advice must include a letter of transmittal from the utility listing all tariff pages changed or added by the tariff advice and stating briefly the reason for filing the tariff advice. If existing tariffs are changed, the advice must contain two (2) copies of each changed page: one showing all the changes with appropriate symbols for deletions, additions, etc., and one showing the pages after the changes as they will appear in the proposed new tariffs. Tariff advices shall be filed using the means described in Rule 132. (7-1-93)( )

02. Filing Of Tariff Advice. No tariff advice can be effective unless notice is given to the Commission and the public pursuant to Sections 61-307, 61-622 or 61-623, Idaho Code. If the tariff advice proposes an effective date fewer than thirty (30) days after it is filed, the effective date of the tariff is delayed until thirty (30) days after the tariff advice is filed by operation of Sections 61-307, 61-622 or 61-623, Idaho Code, unless the Commission by order approves an earlier effective date for good cause shown. In the absence of an order approving or suspending the tariff advice, the tariff advice not suspended or approved goes into effect thirty (30) days after filing or on the proposed effective date, whichever is later. If no effective date is proposed for the tariff advice, the tariff advice does not go into effect until approved by order or minute entry. If a tariff advice is suspended, the Commission will open a formal proceeding and treat the tariff advice as an application. (7-1-93)

03. Ex Parte Action. Ordinarily, the Commission acts upon tariff advices with the assistance of an ex parte recommendation of the Commission Staff. Every recommendation of the Commission Staff is required to specifically state whether it is appropriate to act upon the advice without notice of application being generally distributed to the public. (7-1-93)

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231. PREPARED TESTIMONY AND EXHIBITS (Rule 231).
01. Prepared Testimony May Be Required. Order, notice or rule may require a party or parties to submit prepared testimony and exhibits to be presented at hearing. (7-1-93)

02. Format For Prepared Testimony. (7-1-93)
a. Prepared testimony and exhibits must be accompanied by a cover sheet showing the case caption and case title, the person testifying, the party for whom the testimony is offered, and the nature of the testimony (direct, rebuttal, etc.). (7-1-93)

b. The first page of prepared testimony should contain testimony only (i.e., it should begin with the first question to the witness and not repeat the information on the cover page).
(7-1-93)

c. Prepared testimony must be submitted on white eight and one half by eleven inch (8-1/2" x 11") paper, be double-spaced (except for quoted material and tables or other collections of numerical data), and contain no more than ten (10) characters per inch and no more than twenty-five (25) lines of double-spaced testimony per page. (7-1-93)

d. Each line of prepared testimony must be numbered at the left margin (except single spaced quotations or tables of numerical data, which may be numbered at the left margin as though they were double spaced). Each page of testimony must have a one and one-half (1-1/2) inch left margin that will allow the page to be bound on its left side without obscuring the printed material. Indentations for paragraphing and for "Q" and "A" must be seven (7) spaces.
(7-1-93)
e. Each page of prepared testimony must be numbered at the lower right corner and must be blank in the center of the bottom margin to allow the reporter to insert transcript page numbers there. Each page of prepared testimony must have at least a one-inch (1") top and bottom margin. (7-1-93)

f. Each page of prepared testimony must contain the witness's surname followed by the designation "Di" (signifying direct testimony) or "Di-Reb" (signifying direct testimony on rebuttal) and the name of the party sponsoring the testimony printed in the lower right margin. For example, the marginal notation on page 5 of the testimony of the witness Lynn Accountant of ABC Company would be:
5
Accountant, Di or Accountant, Di 5
ABC Company ABC Company
(7-1-93)

03. References To Exhibits. All references to exhibits in prepared testimony must refer to the exhibits by their number as assigned by the Commission Secretary. Exhibits accompanying prepared testimony must be consecutively numbered from the first exhibit number assigned to the party by the Commission Secretary if the party has not previously identified exhibits, or from the highest exhibit number previously identified by that party. Exhibits must be filed on eight and one half by eleven inch (8-1/2" x 11") paper unless it is impractical to make them that size. Exhibits accompanying prepared testimony must comply with Rule 267. (7-1-93)

04. Number Of Copies--Filing And Service. Unless otherwise provided by order, notice or agreement of the parties, nine (9) legible copies of prepared testimony and exhibits must be filed with the Commission Secretary and copies filed on all parties pursuant to Rules 61, 62, 63 and 64 at least fourteen (14) days before the hearing at which they will be presented. The original, if there is an original, or one of the copies, if there is not, must be specifically designated as the reporter's copy by cover sheet, attached note or otherwise, and be included with the copies filed with the Commission Secretary. In special circumstances, notice or order may provide that the reporter's copy of prepared testimony and exhibits be served directly on the reporter rather than the Commission Secretary. (7-1-93)

05. Computer-Readable Copies Of Testimony. In addition to the paper and electronic copies of prepared testimony, the Commission Secretary may also require some or all of the prepared testimony to be submitted to the secretary or the reporter in computer-readablesearchable disks in ASCII format. (7-1-93)( )

TITLE 62 RULES, 31.42.01.000
Telephone corporations subject to the price list or tariff filing requirements of Idaho Code § 62-606 are also suggested for amendment to accommodate electronic filing. The suggested amendments set out below mirror the tariff filing procedures encompassed in the Commission’s Rules of Procedure, Rules 132 and 134.

202. INFORMATION TO BE INCLUDED IN NOTICE TO COMMISSION (Rule 202).

01. Notice To Be Filed. All telephone corporations described in Section 62-604(1)(a), Idaho Code, are required by Section 62-604(1)(b), Idaho Code, to file a notice with this Commission before offering telecommunications services intrastate in Idaho. This notice must be filed by all telephone corporations, except mutual nonprofit or cooperative corporations, that did not on January 1, 1988, hold a certificate of public convenience and necessity issued by the Commission and that do not provide basic exchange service. Telephone corporations that must file this notice include MTS or WATS companies, resellers of MTS or WATS services, operator service providers, etc., not already certified by the Commission under Idaho Code Title 61, but this sentence does not exclude other categories of telephone corporations from this filing requirement. (7-1-93)

02. Contents Of Notice. The notice must contain the following information: (7-1-93)

a. The name of the telephone corporation and the business name of the telephone corporation if it does business under an assumed business name; (7-1-93)

b. The address of the principal place of business of the telephone corporation, and, if there is a principal place of business in Idaho, the address of the principal place of business in Idaho; (7-1-93)

c. An agent in Idaho for service of process by the Commission in the state of Idaho;
(7-1-93)

d. A description of the telecommunication services offered by the telephone corporation and a map of the area(s) served by the telephone corporation or in which the telephone corporation offers or intends to offer service; (7-1-93)

e. Address(es) and toll-free telephone number(s) for personnel responsible for handling consumer inquiries, complaints, etc., by the public; and (7-1-93)

f. Name(s), address(es), and telephone number(s) of person(s) designated as a contact for the Commission Staff in resolving consumer complaints, responding to consumer inquiries, and answering matters concerning rates and price lists or tariffs. These notices must be updated at least annually, between December 1 and December 31 each year, and whenever there is a change in the telephone corporation's name, address, or agent for service of process. The Commission Secretary will provide forms for these notices. (7-1-93)

03. Service. Notices, orders, rules, complaints and other documents issued by the Commission may be served by United States or electronic mail on the agent for service of process listed pursuant to Rule 202.01.c. of this rule. This service constitutes due legal and timely notice to the telephone corporation, and no further service is necessary to bind the telephone corporation. Telephone corporations obligated by statute to file the notice required by Rule 202.02 of this rule, but failing to do so, are bound by the Commission's motions, orders, rules, complaints and other documents upon their filing with the Commission Secretary.
(7-1-93)( )

(BREAK IN CONTINUITY OF SECTIONS)

204. FORM AND NUMBER OF COPIES OF PRICE LIST OR TARIFF (Rule 204).
Price lists or tariffs filed pursuant to Section 62-606, Idaho Code, or by this Commission's implementation of Section 62-616, Idaho Code, must have a blank space approximately three by one and one-half inches (3" x 1-1/2") square provided for the Commission's filing stamp in the upper right or lower right corner of each schedule filed. An original and three copies of the price list or tariff must be filed with the Commission. The Commission stamps its indication that the price list or tariff has been filed in the space provided on each copy of the price list or tariff, placing the original in its files and returning one copy to the telephone corporation.
(7-1-93)( )

205. NUMBER OF COPIES FILED -- PROCEDURES (Rule 205.
The Commission requests that all telephone corporations subject to the filing requirements of Section 62-606, Idaho Code, shall file their price lists or tariffs and notices with the Commission in electronic format. Telephone corporations unable to file electronically as prescribed in Rule 205.02, shall comply with the requirements of Rule 205.01 below. ( )

01. Printed Filing. Telephone corporations choosing to file their price lists or tariffs by hand-delivery, overnight delivery or United States mail, shall file an original and two (2) copies (in addition to the letter of transmittal) with the Commission. When accepted for filing, the Commission will stamp its acceptance in the space provided on each page of the price list or tariff, placing the original in its files and returning one copy to the telephone corporation. ( )

02. Electronic Filing. Telephone corporations choosing to file their price lists or tariffs by electronic means shall file an original set (in addition to the letter of transmittal) by hand-delivery, overnight delivery or United States mail, and the electronic set via the Commission’s Internet homepage (website): www.puc.state.id.us. Procedures for electronic filing of price lists or tariffs shall be established by order of the Commission and shall be available on the Commission’s Internet homepage. Electronically filed price lists and tariffs shall be printed in portable document format (PDF). When electronically filed, the Commission shall issue a confirmation that the PDF price lists or tariffs were received. ( )

2056. -- 300. (RESERVED).

RESPECTIVELY submitted this day of August 1999.

Deputy Attorney General

Technical Staff: Tonya Clark:

vld/N:GNR-U-99-1_dh
STAFF COMMENTS 13