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HomeMy WebLinkAbout20080820Notice of Rulemaking -- Proposed Rule.pdfIDAP A 31 - IDAHO PUBLIC UTILITIES COMMISSION 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION DOCKET NO. 31-0101-0801 (( uL -(J -CJ-ol NOTICE OF RULEMAKING - PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that the Idaho Public Utilties Commission has initiated proposed rulemaking procedures. This action is authorized pursuant to Sections 61-205, 61-401, 61-404, and 61-601, Idaho Code. PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking wil be scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later than October 15, 2008. The hearing site wil be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the Commission's address below. DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance and purpose of the proposed rulemaking: The Commission is proposing several changes to its Rules of Procedure. First, the Commission is proposing to amend Rules 12, 61, 63, and 229 to increase the use of electronic filing for discovery-related documents and documents requiring immediate action by the Commission. To reduce printing costs and save resources, the Commission proposes in Rule 62 and 231 to allow printing on both sides of a page. Third, Rule 114 codifies the information that competitive local exchange cariers must file in their applications to provide local exchange service in Idaho. The requirements set out in Rule 114 were previously contained in the Commission's Procedural Order No. 26665. Fourh, the Commission proposes to move two customer notice rules (lDAPA 31.21.02.102 and .105) to the Rules of Procedures as Rules 125 and 260, respectively. Fifth, the Commission proposes to amend its Rules 202 and 204 to allow an applicant to fie reply comments in cases processed under Modified Procedure. Sixth, the Commission proposes to shorten the time to answer discovery requests in Rule 228 from twenty-eight (28) days to twenty-one (21) days. Next, the Commission proposes to delineate two types of formal hearings in Rule 241: technical hearings and customer hearings. The Commission also proposes to amend Rules 67, 233, and 267 to require that trade secrets and other documents exempt from public inspection be printed on yellow paper for easy identification. Finally, the Commission is proposing several other amendments to its rules to improve readabilty; eliminate ambiguities; correct citations and cross-references; and to make other housekeeping changes (e-mail addresses and zip codes). FEE SUMMARY: There are no fees associated with this proposed rulemaking. FISCAL IMPACT: There is no fiscal impact on the state general fund in excess often thousand dollars ($10,000) during the fiscal year. The increased use of electronic filing and printing on both sides of a page wil allow utilities and other persons to reduce printing costs and save resources. NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.1 1.01.811, formal negotiated rulemaking was not conducted but utilties and other paries were invited to suggest changes to the Commission's Rules of Procedure. In addition, many of the proposed changes are non- substantive in natue. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRTTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Donald L. Howell, II, Deputy Attorney General, at (208) 334-0312. Anyone may submit written comments regarding this proposed rulemaking. All wrtten comments must be directed to the Commission Secretary and must be delivered on or before October 22,2008. Persons desiring to comment are encouraged to submit written comments at their earliest convenience rather than wait until the comment deadline. DATED this olo-rday of August 2008. ~&~.A Jean, . Jewell Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise,ID 83720-0074 Telephone: (208) 334-0338 Facsimile: (208) 334-3762 Street address for express delivery: 472 W Washington Boise, Idaho 83702-5918 IDAPA31 TITLE 01 CHAPTER 01 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION 012. OFFICE -- OFFICE HOURS -- FAX NUMBER -- MAILING, ELECTRONIC AND STREET ADDRESSES - DROP BOX (RULE 12). The principal offce of the Commission is in Boise, Idaho. This office is open from 8 a.m. to 5 p.m., except Saturday, Sunday and legal holidays. The Commission's telephone number is (208) 334-0300. The hearing or speech impaired may reach the Commission through the Idaho Telecommunications Relay Service by dialing 711. The Commission has no drop box for filing documents after the close of business. (3 16 04)L- 01. Fax Number, Mailng and Street Addresses. The Commission's FAX number is (208) 334-3762. 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 83702-59SJ18. Except as noted in Subsection 012.03 below, ASlll documents filed in all proceedings must be fied with the Commission at one (1) of theseaddresses. (4 5 OO)L- 02. EleetF9Bie Addnss Internet Homepage. The Commission's electronic address for its Internet homepage is ww.puc.state.id.usidaho.gov. (4 5 OO)L- 03. Electronic Address. The Commission's electronic address for fiing authorized documents per Subsections 061.02 through 061.04 is: secretary(ßpuc.idaho.gov. L- (BREAK IN CONTINUITY OF SECTIONS) 014. COMMISSION SECRETARY -- COMMUNICATIONS WITH COMMISSION = TIMELY FILING (RULE 14). 01. The Commission Secretary. The Commission Secretary is the custodian of all public fies of the Commission and is responsible for service of all orders and notices of the Commission and of all complaints fied with the Commission. Unless otherwise directed by order, the Commission Secretary issues all offcial notices of the Commission. All written communications and documents that are intended to be part of an official Commission record (other than a hearing record) must be filed with the Commission Secretary. L- 02. Timely Filng. Unless otherwise provided by statutes, these rules, order or notice, documents are considered fied when received by the Commission Secretar, not when mailed orotherwise transmitted. L- 03. Case Information. Information concerning proceedings before the Commission or the status of any matter before the Commission is available from the Commission Secretary or the Commission's Internet homepage. (7 1 93)L- (BREAK IN CONTINUITY OF SECTIONS) 054. FORMAL COMPLAINTS -- DEFINED -- FORM AND CONTENTS AND PROCESS (RULE 54). All pleadings charging utilties or other person(s) with acts or omissions under law administered by the Commission are called "formal complaints." Formal complaints must be in writing and: (7 1 93)L- 01. Be iB WFitiBg. Name the Respondent. State the name of the utilty or person complained against (the respondent). (7 1 93)L- 02. Fu State the AFacts. Fully state the acts or things done or omitted to be done by the persons complained against by reciting the facts constituting the acts or omissions of the utility or person against whom the complaint is filed and the dates when th the acts or omissions occurred,-, (7 1 93)L- 03. Refer to Statutes, Rules, OFdeFS OF OtheF COBtFOIlBg Lam' IBvolved Applicable Provisions. Refer to the specific provision of statute, rule, order, notice, tariff or other controllng law that the utilty or person has violated. ~ 04. PFay foF State the Relief Desired. State what action or outcome should be takento resolve the complaint. (7 1 93)L- 05. Name the RespoBdeBt. Process. State the name of the person complained against (the respondent). The utility, carier or other person against \yhom the formal complaint is directed may be served by the complainan. The Commission encourages the use of informal proceeding (see Rules 21 through 26) to resolve or settle formal complaints. The Commission shall determine how a formal complaint should be processed, e.g., issuance of a summons, open an investigation, informal procedure with Staff. The Commission Secretary wi may serve a copy of the formal complaint upon the utilty or person to which the formal complaint isdirected. (7 i 93)L- (BREAK IN CONTINUITY OF SECTIONS) 061. FILING DOCUMENTS WITH THE COMMISSION -- NUMBER OF COPIES - DISCOVERY - FACSIMILE (FAX) AND ELECTRONIC FILING TRl..N8MI88ION (RULE 61). The following numbers of documents mu shall be fied with the Commission Secretar: (7 i 93)L- 01. Printed Filngs. When filing printed material:.. (4 5 OO)L- a. In utilities cases (other than those cases specified in Subsections 061.01.b. and061.01.c. below): (3 16 04)L- 1. Pleadings (applications, petitions, complaints, motions, answers and consent agreements)--an original and seven (7) copies. (7-1-93) 11. Briefs, proposed orders, statements of position, and exceptions under Rule 312--eight (8) copies. (4-5-00) 111. Prepared testimony and exhibits--nine (9) copies (one (1) copy designated as reporter's copy) plus computer disk CD-ROM as required by Rule 231.05. (7 1 93)L- l¥ Discovery related documents (notice of deposition, production requests, written interrogatories, requests for admission, answers to discovery, eJ£planations in lieu of discovery under Rule 225 and objections to discovery) the (3) copies except as requested pursuan toRule 229. (7 1 93) b. Security issuance cases: (4-5-00) 1. Pleadings--an original and four (4) copies. (7-1-93) n. Other documents except for discovery-related documents--five (5) three (3) (7 1 93)L- (7 1 93) (3-16-04) copies. c. Discovery related documents thee (3) copies. Telecommunication interconnection agreements: lf 1. Pleadings--an originaL. (3-16-04) 11. All other documents--two (2) copies. (3-16-04) 02. Filng Discovery. Discovery-related documents (notice of taking deposition, production requests, written interrogatories, requests for admission, answers to discovery, explanations in lieu of discovery under Rule 225, and objections to discovery) shall be filed ineither printed or electronic format. L- .! If printed filing - three (3) copies to the Commission Secretary. L- b. If electronic fiing - the discovery document(s) shall be submitted to the Commission Secretary as attachments to an e-mail or placed on a CD-ROM and the CD-ROM is fied with the Secretary. The electronic discovery documents shall be in a computer searchable form of Adobe Acrobat in portable document format (PDF) without password protection. The transmitting e-mail or CD-ROM shall be labeled with the case number, case name, and the name of the person and the pary submitting the discovery. L- oi;l. FAX and Electronic Filngs. Pleadings (including supporting affdavits, memoranda, etc.) not exceeding ten (10) pages in lengt, notice of taking depositions, nNotices of withdrawal of party. or of withdrawal of representative, stipulations, and documents requiring ur emergency or immediate action by the Commission may be fied with the Commission Secretary as an attachment to an e-mail or by facsimile transmission (FAX). The attached electronic document shall be in a computer searchable form of Adobe Acrobat (PDF) without password protection. Whenever any such document is fied by electronic mail or by FAX, originals the required number of printed documents per Subsection 061.01 must be delivered to the Commission by overnight mail on the next working day. The use of electronic mail or FAX is prohibited to fie prepared testimony and exhibits, requests for or answers to discovery-related documents (other than notices of taking deposition), or any other documents except as authorizedby this paragraph. (7 1 93)L- o~. Reducing the Number or Changing the Form of Copies Filng. The Commission Secretary is authorized to reduce the number of required copies or allow electronic copies to be fied in lieu of a printed original or copies. (3 16 04 )L- 062. FORM OF DOCUMENTS (RULE 62). 01. Information to be Listed. All documents listed in Rule 61 submitted by a pary and intended to be part of the record must: (7 - 1 -93) a. Be submitted on white eight and one-half inch by eleven inch (8 112" by 11") paper copied on either one (1) side en or both sides (duplexed); (7 1 93)L- b. State the case caption, case number and title of the document; (7 - 1 -93) c. Include on the upper left corner of the first page: (3-16-04)1. The name(s); (3-16-04) 11. Mailing, street and e-mail addressees); and (3-16-04) n1. Telephone and FAX number(s) of the person(s) fiing the document or the person(s) to whom questions about the document can be directed; and (3-16-04) d. Have at least one-inch (1") left and top margins. (7-1-93) 02. Example. These documents complying with this rule wil be in the following form: Name of Representative (State Bar No. if applicable) Mailing Address of Representative Street Address of Representative (if different) Telephone Number of Representative FAX Number of Representative (if there is one) E-mail address (if available) Attorney/Representative (for Name of Pary) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSIONS (Title of Proceeding ) ) ) ) CASE NO. ABC-X-XX-XX TITLE OF DOCUMENT (3 16 04)L- 03. Identification of Parties. Every document fied under this rule must identify the pary filing it in its title. The party must be identified by both the party's designation as a party (e.g., intervenor) and the party's name. For example, the Intervenor ABC Company would title its motion to strike as "Motion to Strike of Intervenor ABC Company." A short title of the document must appear at the bottom left corner of each page of the document. For example, the short title of the motion above could be: "ABC's Motion to Strike." (7-1-93) 063. SERVICE ON PARTIES AND OTHER PERSONS (RULE 63). 01. Service in General. All documents referred to in Rule 61 (except as noted below) must be served upon the representatives of every pary of record concurently with filing with the Commission Secretary. When a document has been fied with the Commission Secretar by FAX or electronic mail, it must be served upon all other parties with FAX facilties or by ~ electronic mail, respectively. and upon the remaining paries For parties without electronic capabilty, service shall be made by overnight mail, hand delivery, or the next best available service if these services are not available. The Commission may direct that service be accomplished by electronic maiL. The Commission may direct that some or all of these documents be served on interested or affected persons who are not paries. The Commission Secretary's notice of paries (and revisions to it) wil list all persons whom the parties must serve and their representatives as ofthe date of the notice or its revision. (3 16 04)L- 02. Service by Electronic MaiL. The Commission may direct or the paries may agree that service among paries be accomplished by electronic maiL. L- 03. Service of Discovery. The service of discovery documents on parties shall be accomplished by electronic mail (as attachments to e-mail. For paries without electronic mail capabilty, service shall be made by overnight mail, hand delivery, or the next best available service if these services are not available. See Rule 229. L- (BREAK IN CONTINUITY OF SECTIONS) 067. INFORMATION EXEMPT FROM PUBLIC REVIEW -- DEFINITIONS -- FORM -- PROCEDURES (RULE 67). 01. Definitions. (4-5-00) a. "Trade secrets" fied with the Commission are exempt from public inspection, examination, and copying pursuant to Section 9-340D, Idaho Code. Trade secrets means information, including a formula, pattern, compilation, program, computer program, device, method, technique, process, or unpublished or in progress research that: (4-5-00) 1. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and (4-5-00) 11. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. b. (4-5-00) "Confidential information" means information, documents, or records fied with the Commission that are specifically exempt from public inspection, examination and copying pursuant to Sections 9-340A through 9-340F, Idaho Code. (4-5-00) 02. Form. In addition to the requirements of Rule 62 (except Subsection 062.01.a.), information that is alleged to be trade secrets, confidential or otherwise exempt from public disclosure shall be served upon the Commission and other paries who have entered into a protective agreement pursuant to Subsection 067.04 in either printed or electronic format.(4-5-00) a. If in printed form, the page( s) containing the trade secret or confidential information shall be reproduced on any colored yellow paper other than 'Nhite. Each page shall be marked as "TRADE SECRETS" or "CONFIDENTIAL." See Rule 61 for the number ofprinted copies. (4 5 OO)L- b. If In electronic form, the trade secret or confidential information shall be reproduced separately on a DOS formatted thee and one half (3.5") inch (one point forty four (1.44) megabyte diskette) CD-ROM or other electronic storage format approved by the Commission SecretID; and not included with other material electronically fied. Each diskette CD-ROM or other storage device containing trade secret or confidential information shall be clearly identified with the case caption, case number, title of document and marked as "TRADE SECRETS" or "CONFIDENTIAL." (3 16 04)L- 03. Procedure. Whenever a party believes that information contained in pleadings or other documents are trade secrets, confidential or otherwise exempt from public disclosure, the attorney of such pary designated by Rule 41 must state in wrting that the information is protected by law from public inspection, examination or copying, citing the specific grounds and legal authority for that assertion. Documents containing trade secrets or confidential information shall be separated from documents not containing trade secrets or confidential information. Trade secrets or confidential information contained in documents will be removed and replaced with a page marked: "This page allegedly contains trade secrets or confidential material and is separately fied." All materials for which no assertion of protection from public inspection, examination and copying is made wil be placed in files available for public inspection. Trade secrets, confidential information and other records exempt from public inspection shall be separately stored in a secured location with limited access and safeguarded from unauthorizeddisclosure. (4-5-00) 04. Protective Agreements. In proceedings before the Commission involving trade secrets or other confidential information, parties may enter into protective agreements to faciltate and safeguard the exchange of necessar information. Protective agreements may include procedures for copying, exchanging, serving, safeguarding, or challenging the characterization of trade secrets or confidential information. The Commission shall not be a party and wil not be bound by the terms of a protective agreement. (4-5-00) (BREAK IN CONTINUITY OF SECTIONS) RULES 111 THROUGH 120 APPLICATIONS FOR CERTIFICATES OF CONVENIENCE AND NECESSITY AND INTERCONNECTION AGREEMENTS (BREAK IN CONTINUITY OF SECTIONS) 114. APPLICATION FOR NEW COMPETITIVE LOCAL EXCHANGE CARRIER (CLEC) - FORM AND CONTENT (RULE 114). The Commission issues Certificates of Public Convenience and Necessity to competitive local exchange carriers (CLECs) seeking to provide local exchange services in Idaho. The Commission uses the certification process to register and review applications to provide local telecommunications services. See Commission Order No. 26665 issued November 7, 1996. Each CLEC application shall include the following information: L- 01. Name, Address and Form of Business. L- .! If the applicant is the sole proprietor, provide the name and business address of the applicant and the business name of the sole proprietorship. L- b. If the applicant is a parnership, provide a list of the names and business addresses of all the parners, and the business name of the partnership. (-- £: If the applicant is a corporation, provide: L- 1: A short statement of the character of public service in which it is engaged; L- 11. The name of the state in which it is incorporated; L- iii. Its principal business address and its principal address within Idaho; L- iv. A certified copy of its aricles of incorporation; L- v. The names and addresses of the officers and directors of applicant; L- V1. The names and addresses of subsidiaries owned or controlled by applicant; L- Vll. If not incorporated in Idaho, a certificate of good standing issued by the applicable secretID of state, and the name and address of registered agent for service in Idaho;and L- viii. The name and address of any corporation, association, or similar organization holding a five percent (5%) or greater ownership or a managerial interest in the applicant, and indicate the amount and character of the ownership interest. Include a copy of any management agreement with the application. L- 02. Services and Territory. The application shall include: L- a. A written description of customer classes and customer services that the applicant proposes to offer to the public. The application shall indicate the date on which the applicant proposes to begin construction or anticipates it wil begin to provide service in Idaho. L- b. A description sufficient for determining whether service is to be offered in a paricular location and the names of incumbent local exchange corporations (ILECs) with whom the proposed utilty is likely to compete. The application shall include a description of the intended manner of service, e.g., resold services or facilities-based services; and a general description of the property owned or controlled by applicant. L- £: A map of reasonable size and detail showing where the applicant is proposing to provide service including exchanges (if different from existing exchanges), rural zones, and local callng areas. If the service area is identical to an incumbent LEC's service area, then applicant may refer to the incumbent's service area. L-03. Financial Information. L- .! The application shall provide the current detailed balance sheets, including a detailed income and profit and loss statements of applicant reflecting curent and prior year balance for the twelve (12) months ending as of the date of the balance sheet, or if not readily available, for the period since the close of the preceding calendar year. If a balance sheet and income statement are not available, the applicant shall submit financial data sufficient to establish it possesses adequate financial resources to provide the proposed services. L- b. The application shall include the latest anual report, if any. L- 04. Tariffs and Price Lists. The application shall include proposed initial tariffs or price sheets setting forth rates, rules, terms, and regulations applicable to the contemplated service. Initial tariffs and price lists filings shall be in an electronic form as well as paper. The tariffs and price lists in electronic format will be in computer searchable Adobe Acrobat (PDF), or submitted on a CD-ROM or other format as prescribed by the Commission Secretsl. L- 05. Tariff and Customer Contact. The application shall include the name, address, and telephone number for those persons responsible for tariff and price list questions, as well as customer complaints and inquiries. The application shall state the toll-free telephone number forcustomer inquiries and complaints. L- 06. Interconnection Agreements. The application shall state whether the applicant has initiated interconnection negotiations and, if so, when and with whom. Include copies of any interconnection contracts which have been completed for the provision of telecommunicationservices. L- 07. Compliance with Commission Rules. The application shall contain a written statement that the applicant has reviewed all of the Commission's rules and agrees to comply with them, or include a request for waiver of those rules believed to be inapplicable. L- 08. Conservation of Telephone Numbers. The application shall contain a wrtten statement acknowledging that non-paging telecommunications carriers with telephone numbering resources in Idaho shall be subject to numbering conservation measures including mandatory one thousand (1,000) block pooling. See Commission Order No. 30425. All CLECs shall evaluate their numbering resources and donate to the numbering resource pool unused one thousand (1,000) number blocks and one thousand (1,000) number blocks that have fewer than ten percent (l0%) of the telephone numbers assigned. Applicable cariers shall also file the necessary utilzation reports with NeuStar and biennially report their number resource utilzation/forecast (NRUF) data at the one thousand (1,000) block level for each rate center within their service territory. The Federal Communications Commission has appointed NeuStar to manage the assignment and conservation of telephone area codes and telephone numbers inNorth America. L- .J115. -- 120. (RESERVED). (BREAK IN CONTINUITY OF SECTIONS) 122. NOTICE OF INTENT TO FILE A GENERAL RATE CASE (RULE 122). 01. Which Utilties Must File Notice. Utilties with anual gross revenues from retail customers in the State of Idaho exceeding three milion dollars ($3,000,000) must file with the Commission a "notice of intent to fie a general rate case" at least sixty (60) days before filing a general rate case. If the general rate case described in the notice is not fied within one- hundred twenty (120) days after filing of the notice of intent to file a general rate case, by operation of this rule a notice of intent to fie a general rate case wil be considered withdrawn unless it is supplemented with a written statement that the utilty stil intends to file a general rate case of the kind described in its notice of intent to file a general rate case. (7 -1-93) 02. Exceptions for Trackers,E or Annual Cost Adjustments. This rule applies only to general rate increases. Examples of cases outside the scope of this rule include (but are not limited to) fuel cost adjustments (e.g., PGA), power cost adjustments (PCA), commodity or purchased power tracker rate increases, emergency or other short-notice increases caused by disaster or weather-related or other conditions unexpectedly increasing a utilty's expenses, rate increases designed to recover governentally-imposed increases in costs of doing business, such as changes in tax laws or ordinances, or other increases designed to recover increased expenses arsing on short notice and beyond the utility's control. (4 5 OO)L- (BREAK IN CONTINUITY OF SECTIONS) 125. NOTICES TO CUSTOMERS OF PROPOSED CHANGES IN RATES (RULE 125). 01. Customer Notice of a Change in Rates. If a utility is requesting a rate increase, the utility shall issue a customer notice to each customer. The customer notice shall include a brief explanation of the utilty's need for additional revenue and the dollar amount requested. The notice shall give the proposed overall percentage change from current rates as well as the proposed percentage increase in revenue for each major customer class. The customer notice shall make it clear that the application is a proposaL, subject to public review and a Commission decision. It shall also inform customers that a copy of the utility's application is available for public review at the offices of both the Commission and the utilty, and on the Commission'shomepage. L- 02. Timing of Notice for Trackers or Annual Cost Adjustments. Tracker adjustments occasioned by federal action may be brought to the attention of customers in compliance with this rule after approval by the Commission. All other tracker or anual cost adjustment cases remain subject to the requirements of advance notice contained in this rule.( ) 03. Distribution of Customer Notices. The customer notices referred to In Subsection 125.01 may be mailed to customers as bil stuffers over the course of a biling cycle or may be contained in additional comment pages to the customer's monthly bil. If additional comment pages are used, the information required by this rule is to be clearly identified, easily understood, and pertain only to the proposed rate change. L- 04. Press Release. In instances covered by Subsection 125.01, the utility shall also send a press release containing, at minimum, the same information presented in the customer notices to all newspapers, radio, and television stations listed on the Commission's news organization list for that utilty. The press releases shall be mailed or delivered simultaneously with fiing of the application. L- 05. Filng of a Press Release and Customer Notice. A copy of the press release and customer notice shall be fied with the application. L- 06. Purposes and Effects of This Rule. The puroses of Subsections 125.01 through 125.05 of this rule are to encourage wide dissemination to customers of information concerning proposed rate changes for utilty services. It is not a purpose of these subsections to create due process or other procedural rights in customers by expanding, contracting, or otherwise modifying the notice and due process rights. of customers under the Public Utilties Law and the Commission's Rules of Procedure, IDAPA 31.01.01. Accordingly, Subsections 125.01 through 125.05 of this rule create no individual procedural rights in any customer for notice that would give rise to a due process or other procedural claim cognizable by the Commission, but failure to comply with Subsections 125.01 though 125.05 of this rule can be grounds for returning anapplication for incompleteness. L- m126. APPLICATION TO APPROVE INTERCONNECTION AGREEMENTS (RULE m126). 01. Uncontested Agreements. A ut telephone corporation may fie an application for the Commission to approve voluntarly negotiated, adopted or amended interconnection agreements pursuant to Section 252 of the federal Telecommunications Act of 1996. The Commission acts on adopted or negotiated interconnection agreements and uncontested amendments to previously approved agreements with the assistance of a written ex pare recommendation of the Commission Staff. (3 16 04)L- 02. Contested Agreements. Petitions to arbitrate, mediate or otherwise resolve interconnection disputes between or among telecommunication cariers shall be processed underRule 53. (3-16-04) 12S1. PUBLIC WORKSHOPS ON APPLICATIONS TO INCREASE RATES (RULE 12S1). 01. Public Workshop. When a public utility fies an application to increase any rate, fare, toll, rental or charge regarding any classification or service, the Commission wil determine if the staff should conduct a public workshop. The purpose of any workshop is for the staff to dispense information concerning the utilty's application and to receive written or oral comments from the public prior to the staff fiing testimony or comments in the case. (3-16-04) 02. Notice and Location of Workshop. Notice of the public workshop shall be disseminated a minimum of seven (7) days prior to the workshop to newspapers of general circulation and radio and television stations in the affected area. The Commission shall determine the location for the workshop within the area served by the public utility. The notice shall also be posted on the Commission's website. (3-16-04) 03. Exemptions. The requirements of Subsection 125.01 127.01 shall not apply to applications regarding uniform statewide surcharges under Sections 56-904, 62-610 and 62- 61 OF, Idaho Code, or to utility tariff advices. (3 16 04 )L- i26~. -- 130. (RESERVED). (BREAK IN CONTINUITY OF SECTIONS) 132. NUMBER OF TARIFF COPIES FILED (RULE 132). The Commission encourages public utilties to fie their tariff schedules via electronic maiL. (3-16-04) 01. Electronic Tariffs. For electronically fied tariffs, each utilty shall submit its tariff schedules prepared in searchable Adobe Acrobat in portable document format (PDF) as an attachment to an e-mail message sent to the Commission Secretar at: secretary(fpuc.state.id.usidaho.gov. Electronic tariff schedules may also be submitted as PDF documents on appropriately formatted thTee and one half (3.5) inch diskette, zip disk, or CD- ROM or other electronic storage format approved by the Commission Secretary. (3 16 04)L- 02. Printed Tariffs. To fie printed taffs, each utilty shall fie an original and two (2) copies of their tariff schedules with the Commission Secretary. (3- 1 6-04) 03. Approval. The Commission wil stamp its approval in the space provided on each copy of an approved tariff, placing the original in its fies and returning one (1) copy to the public utility. (3- 16-04) 133. TARIFFS SUBMITTED PURSUANT TO ORDER (RULE 133). 01. Order May Require Submission of Tariffs. When the Commission directs or authorizes by order that certain taiffs be filed, the order may require the tariff submissions to the Commission to be accompanied by appropriate explanatory documents, summaries, workpapers, or similar materiaL. When the Commission authorizes a utility to fie new tariffs pursuant to order in a general rate case, the Commission may require the utility to fie a complete set of tariffs containing both pages with changed rates and charges and those without. (7 -1-93) 02. Staff Review of Tariffs Filed Pursuant to Order. When a utility fies tariffs with the Commission pursuant to an order of the Commission in a proceeding in which other persons are party, the responsibilty for reviewing the taiff submission to determine whether it complies with the Commission's order is upon the Commission Staff, which shall promptly report to the Commission whether the tariffs do comply. The review of tariffs fied pursuant to order is an ex pare, ministerial responsibility of the Commission Staff. Tariffs may be approved in the minutes of the Commission's decision meetings or by minute entry after Staff review without furher order. After approval, the utilty must promptly serve the tariffs on all paries. (3 16 04)L- 03. Motions With Regard to Tariffs Submitted Pursuant to Order. If the Commission has approved tariffs, parties or persons contending that approved tariffs are inconsistent with the Commission's orders may fie appropriate motions asking that approval be reviewed.(7-1-93) 134. TARIFF ADVICES (RULE 134). 01. Tariff Advices Authorized. Public utilties 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 transmittl from the utilty 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 (1) showing all the changes with appropriate symbols for deletions, additions, etc., and one (1) showing the pages after the changes as they wil appear in the proposed new tariffs. (7-1-93) 02. Filng 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 thirt (30) days after the tariff advice is fied 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 fiing or on the proposed effective date, whichever is later. If no effective date is proposed for the tarff advice, the tariff advice does not go into effect until approved by order or minute entry. If a tariff advice is suspended, the Commission wil open a formal proceeding and treat the taiff advice as an application. (7 - 1 -93) 03. Ex Parte Action. Ordinarily, the Commission acts upon tariff advices with the assistace of an written ex pare recommendation of the Commission Staff. E¥ recommendation of the Commission Staff is required to specifically state Vtnether. it is appropriate to act upon the advice without notice of application being generally distibuted to the public. The Commission acts upon tariff advices at its open meetings. (7 1 93)L- Section 135 has been renumbered to Section 126. 136~. -- 140. (RSERVED). (BREAK IN CONTINUITY OF SECTIONS) 202. NOTICE OF MODIFIED PROCEDURE (RULE 202). 01. Notice of Modified Procedure. When the Commission finds that it may not be in the public interest to hold a hearing in a matter, notice of modified procedure wil be issued. Itwil: (7-1-93) a. Describe the issues presented in the proceeding, (7 - 1 -93) b. Summarize the moving pary's justification for the proposed changes and itsposition, (7-1-93) c. State that the Commission finds that it may be in the public interest not to hold a hearing in the proceeding and will not do so unless it receives written protests or comments opposing the use of modified procedure and stating reasons why modified procedure should notbe used, and (7-1-93) d. Establish the deadline~ for filing written protests or comments, and a reply by the moving party with the Commission. (7 1 93)L- 02. Distribution of Notice. Copies of the notice of modified procedure will be provided to all interested persons, including newspapers, municipalities, counties, and chambers of commerce located within the territorial scope of the application, petition or complaint whose readers, citizens or members may be affected by the proceedings and to all parties. Unless otherwse provided by the notice of modified procedure, all interested persons wil have at least twenty-one (21) days from the date of the notice to file a written protest or comment. (4-5-00) (BREAK IN CONTINUITY OF SECTIONS) 204. ACTION BY COMMISSION (RULE 204). If no protests, supports or comments are received within the deadline, the Commission may consider the matter and enter its order without a hearing. If protests, supports.. er comments or a ßm are fied within the deadline~, the Commission wil consider them and may set the matter for hearing or may decide the matter and issue its order on the basis of the written positionsbefore it. (7 1 93)L- (BREAK IN CONTINUITY OF SECTIONS) 225. PRODUCTION REQUESTS OR WRTTEN INTERROGATORIES AND REQUESTS FOR ADMISSION (RULE 225). 01. When Requests May Be Used. Production requests or written interrogatories and requests for admission may be taken in accordance with the Idaho Rules of Civil Procedure for any purpose allowed by statute, Idaho Rule of Civil Procedure, rule of the Commission, order ornotice, except: (7-1-93) a. Production requests or written interrogatories should not be used to obtain statements of opinion or policy not previously wrtten or published and may be objected to onthat ground; and (7-1-93) b. Requests for admission concerning a matter of opinion or policy or the application of law, order or rule to fact may be denied generally and the reasons for denial required to be discovered by deposition rather than by request for admission, but a request for admission on any matter of opinion or policy or application of law to fact on an uncontested matter must beanswered. (7-1-93) 02. Form of Requests. The caption of a production request or written interrogatory and of a request for admission must identify the part making the request or interrogatory, the party to whom the request or interrogatory is directed, and the number of the request or interrogatory to that pary. Separate questions within a production request or written interrogatory or within a request for admission must be numbered consecutively within the request or interrogatory and consecutively with earlier production requests or written interrogatories and requests for admission, respectively, from the same party submitting the questions to the same pary answering them. For example, if the last question of the Third Production Request of the Commission Staff to XYZ Electric Company is numbered 33, the first question of the Fourth Production Request of the Commission Staff to XYZ Electric Company must be numbered 34. But, if the Staffs next production request is its first to intervenor ABC Company, that request must begin with question one (1) to that intervenor. (7-1-93) 03. Time for Objection and Answer. Unless otherwise provided by order, notice, or these rules, or pursuant to agreement with or acquiescence of the answering party, parties have at minimum fourteen (14) days to object or explain why a question cannot be answered according to this rule and twenty-ei one (2&1) days to answer. (7 1 93)L- 04. Numbers of Requests. The number of production requests or wrtten interrogatories and of requests for admission and individual questions or subparts in them may be limited by order, notice or rule of the Commission, but are not limited by the provisions of the Idaho Rules of Civil Procedure. (7-1-93) (BREAK IN CONTINUITY OF SECTIONS) 229. FILING AND SERVICE OF DISCOVERY AND RELATED DOCUMENTS (RULE 229). Thee (3) legible copies of nNotices of deposition, production requests or written interrogatories, requests for admission, answers to production requests or written interrogatories, answers to requests for admission, explanations in lieu of answers under Rule 228.01, and objections to discovery mu shall be fied with the Commission Secretary and copies served on all parties according to Rules 61, 62, 63, and 64, except that the Staff by letter to the paries may request that additional copies be fied. (7 1 93 )L- (BREAK IN CONTINUITY OF SECTIONS) 231. PREPARED TESTIMONY AND EXHIBITS (RULE 231). 01. Prepared Testimony May Be Required. Order, notice or rule may require a pary or paries 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 pary for whom the testimony is offered, and the nature ofthe 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 1 1") 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. Each page may be printed on the front and back (duplexed). (7 1 93)L- 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 wil 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 andbottom margin. (7 - 1 -93) f. Each page of prepared testimony must contain the witness's surame 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 ABC COMPANY or Accountant, Di 5 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 pary. Exhibits must be filed on eight and one-half by eleven inch (8- 1 /2" x 1 1") paper unless it is impractical to make them that size. Exhibits accompanying prepared testimony must complywith Rule 267. (7-1-93) 04. Number of Copies -- Filng and Service. Unless otherwise provided by order, notice or agreement of the paries, nine (9) legible copies of prepared testimony and exhibits must be fied with the Commission Secretary and copies fied on all parties pursuant to Rules 6 i , 62,63 and 64 at least fourteen (14) days before the hearing at which they wil be presented. The original, if there is an original, or one (1) 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 fied 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 Searchable Copies of Testimony. In addition to the paper copies of prepared testimony, the Commission Secretary may also require or the parties may agree that some or all of the prepared testimony to be submitted to the sSecretary, paries er and the reporter in computer searchable di CD-ROM without password protection. The CD-ROM shall be in standard ASCII format, Adobe Acrobat (PDF), or other searchable format agreed upon by the reporter and the parties. Each CD-ROM shall be labeled with the Commission's case number, case name, the name of each witness and the sponsoring pary. (4 5 OO)L- (BREAK IN CONTINUITY OF SECTIONS) 233. ASSERTIONS THAT DISCOVERED MATERIAL IS PROTECTED FROM PUBLIC INSPECTIONS -- PROCEDURES (RULE 233). 01. Assertion of Protection. Whenever any pary to a request for discovery believes that material otherwise discoverable is protected by statute or rule of law from inspection, examination or copying by the general public, the attorney for the pary asserting the material is protected by law from inspection, examination or copying must state that the answer or some portion of it is protected, citing the specific statute or other legal authority for that position. The attorney's assertion constitutes a representation that the attorney is familiar with the material claimed not to be available for public inspection, examination and copying and in good faith believes there is a basis in law for that claim. (4-5-00) 02. Procedures. When an answer contains material, some of which is protected by law from public inspection, examination, and copying and some of which is not, the protected material must be reproduced on any colored yellow paper other than vihite and separated from material available for public review. Each page of the material exempt from public review must be marked "Trade Secrets" or "ConfidentiaL." All material exempt from public review shall be fied with the Commission Secretary and served on all paries under seal pursuant to Rule 229. Material exempt from public review shall be separately stored in a secure location with limited access and safeguarded from unauthorized disclosure. All material for which no assertion of protection against public inspection, examination and copying is made wil be placed in fies available for public inspection. (4 5 OO)L- (BREAK IN CONTINUITY OF SECTIONS) 241. NOTICE OF HEARING (RULE 241). 01. Timing of Notice. Notice of the place, date and hour of hearing wil be served at least foureen (14) days, or in the case of formal complaints, twenty-one (21) days, before the time set for hearing, unless the Commission finds by order that the public necessity requires the hearing to be held earlier. (7-1-93) 02. Contents of Notice. Notices must comply with Rule 242's requirements. Notices must list the names of the parties (or the lead parties if the parties are too numerous to name), the case number, and the name of the hearing offcer who wil conduct the hearing if the case wil not be heard by one (1) or more Commissioners. If no document previously issued by the Commission has listed the legal authority of the Commission to conduct the hearing, the notice of hearing must do so. The notice of hearing shall state that the hearing wil be conducted under these rules of procedure and inform the paries where they may read or obtain a copy. (7-1-93) 03. Locations of Hearing. Hearings may be held in Boise, Idaho, or at other places designated by notice or order. (7-1-93) 04. Types of Formal Hearings.. The Commission generally conducts two (2) types offormal public hearings. L- a. A technical hearing is a public hearing where parties present witnesses and their prepared testimony and exhibits. L- b. A customer hearing is a public hearing for customers, public offcials, and other persons not related to parties in the case to provide testimony. Unless otherwise ordered by the presiding offcer, paries are prohibited from presenting evidence at the customer hearing. L- (BREAK IN CONTINUITY OF SECTIONS) 244. CONDUCT AT HEARINGS (RULE 244). All persons attending a hearing must conduct themselves in a respectful and courteous manner. Persons disrupting the hearing shall be asked to leave by the presiding officer. See Rule 47; Section 18-6409(1), Idaho Code. Smoking is not permitted at hearings. (7 1 93)L- (BREAK IN CONTINUITY OF SECTIONS) 260. (RESERVED). SUMMARY OF POSITION(S) AND TESTIMONY (RULE 260). Each utility shall make available to the public at all Commission hearings a brief written summID of the utilty's position(s) and testimony fied in the case under consideration except when the Commission has determined that a summID is not necessID. If the utilty is requesting a rate increase, its summID shall address the utility's need for additional revenue, the total dollar amount requested, and the proposed percentage increase or decrease in rates for each major customer class. The Commission Staff and intervenors shall also provide a brief summary of their recommendations and the testimony fied in the case under consideration. These summaries and presentations are provided solely for the convenience of the public and wil not be allowed as evidence or form the basis for cross-examination of any witness. L- (BREAK IN CONTINUITY OF SECTIONS) 267. EXHIBITS (RULE 267). 01. Exhibit Numbers. Exhibit numbers are assigned to the paries before hearingaccording to Rule 230. (7-1-93) 02. Form of Exhibits. Public exhibits offered at hearing must ordinarily be typed or printed on eight and one-half by eleven inch (8 1/2" x 11") white paper, except maps, charts, photographs and non-documentary exhibits may be introduced on the size or kind of paper customarily used for them. Exhibits that are trade secrets, confidential information or otherwise exempt from public review shall be printed on any colored yellow paper other than '.vhite. A copy of each documentar exhibit must be furished to each pary present, to the reporter, and to each Commissioner or hearing examiner, except for unusually bulky or voluminous exhibits that have previously been made available for the parties' inspection. Copies must be of good quality. (4 500)L- 03. Timely Filng of Exhibits. Exhibits offered as part of a pary's direct case (except exhibits offered on redirect examination) must be timely filed. Exhibits filed pursuant to any order, notice or rule requiring their filing before hearng are timely filed. Otherwise, exhibits must be distrbuted or made available to all parties long enough before their introduction into evidence to allow the paries a reasonable opportity to review them and to prepare to examine their substance, except those exhibits that update exhibits previously timely filed may be fied so long as fair opportity is afforded other paries to examine the sponsoring witnesses about the updated materiaL. (7-1-93) 04. Objection -- Admission. Exhibits identified at hearng are subject to appropriate and timely objection before the close of proceedings. Exhibits to which no objection is made are automatically admitted into evidence without motion of the sponsoring pary. (7-1-93) 05. Labeling of Exhibits. All exhibits accompanying prepared testimony, exhibits introduced durng direct examination of a pary's witnesses, and, to the extent practicable, all other exhibits introduced at hearing must label the exhibit number, case number, pary and witness sponsoring the exhibit, and any subdivisions withn the exhbit, such as separate schedules or chars. Examples of labeling required by this rule are: Exhibit No. 101 Exhibit No. 507 Case No. XXX-X-XX-XX Case No. XXX-X-XX-XX P. Engineer, Staff L. Accountant, ABC Company Schedule 1, p. 1 of 3 Exhibits prepared for the proceeding must contain this labeling on each page of the exhibit. Exhibits reproducing previously existing documents may contain a cover page with ths labeling, but need not be labeled on each page. (7-1-93) 06. Sources for Exhibits. Exhibits prepared from data in workpapers, answers to discovery, periodicals, reports or other documentable sources of information must contan a statement of sources. Examples of the statements of sources required by this rule are: (7-1-93) P. Engineer, Workpapers -- Answer ofXYZ Utilty to First Tab A, pages 1 - 47 Production Request of ABC Company,.Question 13 Moody's Public Utilty -- XYZ Utilty, FERC Form 1 (1993) Manual p. 402a 1993 VoL. 1, p. 606 Exhbits especially prepared for introduction into evidence in a proceeding (i.e., exhbits not otherwise prepared or in existence) should be descriptively titled to show their contents andpurpose. (7 -1-93) 07. Certain Exhibits Require Presiding Offcer's Approval. Neither motion pictures, slides, opaque projections, video tapes, audio tapes nor other materials not capable of duplication by stil photograph or reproduction on paper shall be presented as exhibits without prior approval of the presiding officer. Writing, sketching and drawing on blackboards or other similar surfaces by witnesses presenting testimony do not constitute an exhibit or evidence in the proceeding unless the writing, sketching or drawing is reproduced, photographed, or otherwise preserved for the record. (7 - 1 -93) (BREAK IN CONTINUITY OF SECTIONS) 272. PROCEDURES FOR ACTIVE SETTLEMENTS (RULE 272). Settlements in formal proceedings in which one (1) or more paries negotiate an agreement differing from positions of one (1) or more of the parties previously on record with the Commission are called active settlements. Any party other than the Commission Staff may enter into an active settlement with any party other than the Commission Staff without prior notification to the Commission or other paries. The Commission Staff, however, is precluded from entering into an active settlement without first notifying all other parties and the Commission that it intends to begin or has begun settlement negotiations. The Commission Staff must give all other paries an opportity to paricipate in or be apprised of the course of the settlement negotiations before a final settlement agreement is reached. Settlement negotiations are confidential, unless all participants to the negotiation agree to the contrary. (7 1 93)L- /, ' DFM Tracking No. . i ".900-1 State of Idaho ." DIVSION OF FINANCIAL MANAGEMENT Executie Office of the Govetnor Proposed/Témporary Administrative Rules Form Agency Name: Idaho Public Utilties Commission Contact Person: Title:Don Howell De . A . General Person Authorizing Rule: Title:Mack Redford President Fax Number: 334-3762 Email: don.howell Email: mack. redford Statutory Authority forthe rule making (Idaho Code, Federal Statute o'r Regulation): Idaho Code 61-503,61..507,61-601 Title, Chapter; and Possible Docket (IDAPA) Number: 31.01.01"f'31~o1:01;~Ö801 This Rule is: X Proposed o Temporary Effective Date: End ot' 2009 Legislative Session If Temporarý Rule: N/A o Necessary to protect the public health, safety, or welfare; or o Compliance with deadlines in amendments to governing law or federal programs; oro Conferring a benefit. . If this is a temporary rule which imposes a fee or charge, provide justification as described in Idaho Code 67- 5226(2): N/A Provide a fiscal impact statement, both positive and negative, by fund source for all programs affected: Rulemaking costs to PUC approximately $2000. Electronic filng and allowing dual-sided documents to be filed wil cut paper costs in half for the utilties and other filers at the PUC. Need for Proposed Rule Change: Update procedural rules to allow electronic filing, dual-sided documents, and make housekeeping changes (address, zip code, and delete obsolete terms). Proposed Rule Changes (Summary Only): Allow more electronic filing, allow dual-sided pleadings, standardize non-public documents on "yellow" paper, and housekeeping (delete obsolete terms and update email addresses). Interest Group(s) or Citizens Affected: Public utilties and Idaho ratepayers. Section 3 (DFM Use Only) DFM Analyst Comments: Primary changes wil allow electronic filing to reduce costs for filers and ag~ncy. Also wiJ continue to allow paper filings to be submitted, but wil expand to allow for duplication to reduce paper usage. Currently agency receives crates of paper dealing with filngs. Other minor changes include updating email address, and other housekee in items. Revised: March 11, 2008 , ' DFM Analyst Fiscal Impact Review: DFM Analyst Signature & Date:Recommend: X .Yes 0 NoMaria Barratt 7/9/08 Gov Special Assistant Signature & Date:Recommend: X Yes 0 NoJohn Chatburn 7/10/08 DFM Administrator Signature & Daf :Approval:, ~Yes 0 No Received by DFM from Agency 7/2/08 1 7/3/08 6 719/08 1 7/10/08 0 7/10/08 0 7/10/08 Received by DFM Analyst from Coordinator Received by Coordinator from Analyst Received by G'Overnor's Special Assistant from Coordinator Received by Coordinator from Governor's Special Assistant Received by DFM Administrator Return via email to: info(adfm.idaho.gov Revised: March 11, 2008 RULEMAKING CHECKLIST FORM Docket Number (Assigned by the Offce of Administrative Rules): 31-0101-0801 (OAR wil assign docket number to Negotiated, Proposed and Temporary nilemakings.) IDAPA, Title, and Chapter Number and Chapter Name: 31.01 .01 - Rules of Procedure Agency: Idaho Public Utilities Commission Agency Contact and Phone Number: Don Howell- 334-03 12 Legal Authority for rulemaking - Idaho Code Section(s): 61-205,61-401, 61-404, and 61-601 This rulemaking is a: (Check at least one; it may be necessary to check more than one.) Negotiated Rulemaking _ Proposed Rulemaking.- TemporarlProposed Rulemaking Temporar Rulemaking _ Effective Date of Temporar Rule: Temporary Rule Justification (See Idaho Code Section 67-5226): _Protection of the public health, safety, or welfare; or _Compliance with deadlines in amendments to governing law or federal programs; or _Conferring a benefit. Pending Rule _ Date Pending Rule Wil Become Effective: Amendment to Temporary Rule _ Rescission of Temporary Rule _ Correction to Pending Rule _ Vacation of Rulemaking _ Does any portion of this rulemaking impose or increase a fee or charge? If yes, provide a specific description along with the citation of the statute authorizing the imposition or increase. No. Does this rulemaking have a negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year? If yes, include a descriptive summary of the fiscal impact involved. No. Does this rulemaking necessitate changes in other rules? If yes, please specify. No. Does this rulemaking incorporate by reference other documents? Specify an exact description of document(s) incorporated by reference. No. HAVE YOU. .. X X 1. Had your legal counsel review your rulemaking? 2. Received Director, Board or Commission approval for the rulemaking? HAVE YOU INCLUDED. . . X 1. An approved Proposed/Temporar Administrative Rules Form (PARF)? X 2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word? X 3. An 8 1/2 by i 1 hard copy of the Notice and the complete text of the rule changes?