20080808Decision Memo.pdf

t
DECISION MEMORADUM
TO: COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
FROM: DON HOWELL
DEPUTY ATTORNEY GENERA
DATE: AUGUST 8, 2008
SUBJCT: STAFF RECOMMENDATIONS TO AMEND THE COMMISSION'S
RULES OF PROCEDURE, IDAPA DOCKET NO. 31-0101-0801 (RUL-U-
08-01)
In this decision memorandum the Staff is recommending that the Commission
consider amending several of its Rules of Procedure. The Commission last updated its Rules of
Procedure five years ago. The Staff also solicited suggestions from utilties and members of the
utility bar. The proposed amendments are attched for your review. Most of the proposed
changes are to: (l) make housekeeping changes (zip codes, e-mails and references to updated
computer storage medium); (2) improve the clarity or readabilty of the rules; (3) remove
ambiguity; (4) include requirements curently contaned in Orders or other rules in these rules;
and (5) reposition some rules. The substantive changes to the Commission's rules are discussed
before each rue in chronological order below.
THE PROPOSED RULE CHANGES
Rule 12: Sta recommends the Commission make housekeeping changes to this rue
that are self-explanatory.
012. OFFICE -- OFFICE HOURS - FAX NUMBER -- MAILING, ELECTRONIC AND
STREET ADDRESSES - DROP BOX (RULE 12).
The principal offce of the Commission is in Boise, Idao. 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 hearng or speech impaired may reach the Commission though the Idaho
DECISION MEMORADUM 1
Telecommuncations Relay Service by dialing 7 i i. The Commission .has no drop box for filing
documents afr the close of business. (3 16 04)L-
01. Fax Number, Mailng and Street Addresses. The Commission's FAX number
is [phone]. The Commission's mailng 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 83702-59~18. All documents fied in all proceedings must be filed
with the Commission at one (1) of these addresses. (4
02. EleelNBie iA..ddl'ess Internet Homepage. The Commission's electronic address
for its Internet homepage is ww.puc.stte.id.1: idao.gov. (4 5 00)( )
03. Electronic Address. The Commssion's electronic address for filing authorized
documents per Subsections 061.02 though 061.04 is: secretar(ipuc. idaho. gov. L-
Rule 14: The Sta is proposing tht the Commission add section headings to
improve the clarty and readabilty of ths rule.
014. COMMSSION SECRETARY - COMMCATIONS WITH COMMSSION =
TIMELY FILING (RULE 14).
01. The Commission Secretary. The Commission Secreta 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 otherwse directed by
order, the Commission Secretary issues all offcial notices of the Commission. All written
communcations and documents that are intended to be par of an official Commission record
(other than a hearg record) must be fied with the Commission Secretar. (7 1 93)L-
02. Timely Filng. Unless otherwse provided by sttutes, these rues, order or
notice, documents are considered filed when received by the Commission Secretary, not when
mailed or otherwse 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 Secreta orthe Commission's Internet homepage. L-
DECISION MEMORADUM 2
Rule 54: The Consumer Staf has rewritten Rule 54 to provide better clarity
regarding the required contents of formal complaints. In addition, Subsection 05 is added to
reflect tht it is the Commission that determines how formal complaints should be processed and
to encourage the informal resolution of complaints.
054. FORMAL COMPLAITS -- 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:~
01. Be iB WritiBg. Name the Respondent. State the name of the utility or person
complained against (the respondent). (7 1 93)L-
02. Fu State the AFacts. Fully state the ac or thiRgs dORe or omittd to be doae
by th perSORS e0F11aiaed agaist è: FeeitiRg the facts constituting the acts or omissions of the
utilty or person against whom the complaint is filed and the dates when th the acts oromissions occured,:. ~
03. Refer to Statutes, Rules, OFdeFS OF OtkeF COBtFOlliBg Law IB¥olved
Applicable Provisions. Refer to the specific provision of statute, rule, order, notice, tariff or
other controllng law that the utility or person has violated. ~
04. 'Fay feF State the Relief Desired. State what action or outcome should be taento resolve the complaint. ~
05. Name the ReSfJOBdeBt. Process. State th Bare of th parOR e0F11aîRed agait
(te respoRdea. The utlity, earer or other parOR agaist vAiom the formal e0F11ai is
direeted may be served by the eomplaiRant. The Commission encourages the use of informal
proceeding (see Rules 21 though 26) to resolve or settle formal complaits. 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 Secreta wl may serve a
copy of the formal complaint upon the utility or person to which the formal complaint isdirected. ~
DECISION MEMORANDUM 3
Rule 61. This rule discusses how many documents must be filed with the
Commission and the maner of filing documents with the Commission. In paricular, the Staf is
recommending that a new Subsection 02 be induded to reflect that discovery-related documents
(notice of taking deposition, production requests, wrtten interrogatories, requests for admission,
answers to discovery, explanations in lieu of discovery, and objections to discovery) shall be
fied in either printed or electronic format. The most common suggestion from practitioners was
to allow electronic filing. This rue change would allow discovery documents to be filed and
served electronically.
As the Commssion is aware, information obtained in discovery is not included in the
Commission's hearng record uness a pary moves to do so. Consequently, allowing paries to
fie electronic wil reduce the amount of paper documents to be filed with the Commission
Secreta. For those paries unable to transmit discovery documents as either attachments to e-
mails or on CD-ROM disks, the rule stil allows for the filing of printed discovery.
Subsection 03 has been modified to restrct the tye of documents that may be fied
via facsimile. The subsection would also allow electronic or FAX filings for documents
"requiring emergency or immediate action by ~e Commission. . . ."
061. FILING DOCUMENTS WITH TH COMMISSION -- NUMBER OF COPIES -
DISCOVERY - FACSIMILE AND ELECTRONIC FILING TRiA..SMISSION (FAX
(RULE 61).
The following numbers of documents ff shall be filed with the Commission Secretar:
(7 193)L-
01. Prited Filngs. When filing printed material':.. (4 500)L-
a. In utilties cases (other than those cases specified Subsections 061.01.b. and061.01.c. below): (3 16 04)L-
i. Pleadings (applications, petitions, complaints, motions, answers and consent
agreements )--an original and seven (7) copies. (7-1-93)
ii. Briefs, proposed orders, statements of position, and exceptions under Rule 312--eight (8) copies. (4-5-00)
iii. Prepared testimony and exhibitS--nine (9) copies (one (1) copy designated as
reporter's copy) plus eOF1t: disk CD-ROM as required by Rule 231.05. ~
DECISION MEMORANDUM 4
iv. Diseo'lery related doctieats (aaâce of deosiâoa, promietioa reqllsts, \Vr
iaterrgatories, requests far admissioß, answers to discoyer, 6*planatioas in lieu of discover
uader Rule 225 and oèjeetoas to diseover) the (3) eopies exeept as requested pursuaat toRule 229. (7 1 93)'b. Security issuance cases: (4-5-00)
1. Pleadings--an original and four (4) copies. (7-1-93)
11. Other documents except for discovery-related documents- five (5) thee (3)copies. (7 1 93)L-
Hi Discovery related docureats thee (3) copies. (7 1 93)
c. Telecommunication interconnection agreements: (3-16-04)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 taing deposition,
production requests, written interrogatories, requests for adission, answers to discovery,
explanations in lieu of discovery under Rule 225, and objections to discovery) shall be fied ineither printed or electronic format. L-
.! If printed fiing - thee (3) copies. L-
b. If electronic fiing - the discovery document(s) may be submitted as attchments
to an e-mail or placed on a CD-ROM and the CD-ROM is fied. The electronic discovery
documents shall be in a computer searchable form of Adobe Acrobat in portable document
format (PDF) without password protection. .The trsmitting e-mail or CD-ROM shall be
labeled with the case number, case name, and the name of the person and the pary submittingthe discovery. L-
Oi3. FAX and Electronic Filngs. Pleadags (includiag supportiag affidavits,
memoranda, et.) aot e~~eeediRg tea (10) pages ia lea, fltiee of taißg depositoas, aNotices
of withdrawal of pary or of withdrawal of representative, stipulations, and documents requiring
ur emergency or imediate action by the Commission may be fied with the Commission
Secreta as an attachment to an e-mail or by facsimile trsmission (FAX). The attched
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,
origißals the requied number of printed documents per Subsection 061.01 must be delivered to
DECISION MEMORANDUM 5
the Commission by overight mail on the next workig day. The use of electronic mail or FAX
is prohibited to fie prepared testimony and exhbits, reeaest for or aa..ves to discovery-related
documents (other th aotiees ef ta depositoa), or any other documents except as authorizedby this paragraph. (7 i 93)L-
OJ4. Reducing the Number or Changing the Form of Copies Filng. The
Commission Secreta is authorized to reduce the number of required copies or allow electronic
copies to be filed in lieu of a printed original or copies. (3 i 6 04)L-
Rule 62: Rule 62.01.a. has been modified to allow persons to submit documents
printed on both sides of a page. Staff believes that ths will allow pares to conserve the amount
of paper filed with the Commission and reduce the storage space for the fies.
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 par of the record must: (7-1-93)
a. Be submitted on white eight and one-half inch by eleven inch (8 1/2" by 11")
paper copied on either one (1) side eH or both sides (duplexed); ~
b. State the case caption, case number and title of the document; (7-1:-93)
c. Include on the upper left corner of the firs page: (3-16-04)
i. The name(s); (3-16-04)
ii. Mailing, street and e-mail addressees); and (3-16-04)
iii. Telephone and FAX number(s) of the person(s) filing 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 will 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)
AttorneylRepresentative (for Name of Pary)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSIONS
DECISION MEMORADUM 6
(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
par filing it in its title. The par must be identified by both the pary's designation as a pary
(e.g., intervenor) and the par'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 Strke." (7-1-93)
Rule 63: Staff proposes that the Commission modify this rule by providing updated
paragraph headings and denoting that the Commission may direct or that the paries may agree to
accomplish service among themselves by electronic maiL. In addition, Subsection 03 recognizes
that service of discovery documents among paries to a case wil be accomplished by electronic
mail (as attchments to an e-mail). For paries without electronic mail, service shall be made by
overnight delivery.
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 par of record concurently with filing with the
Commission Secretay. When a document has been filed with the Commission Secreta by FAX
or electronic mail, it must be served upon all other paries with FAX facilties or by FA
electronic maiL, respectively. and l:oa the remaiaiRg pares For paries without electronic
capability, servce shall be made by overnight mail, hand delivery, or the next best available
service if these services are not available. The Commssioa may dire6t that serviee ee
aeeoF1lished by eleetroRie maiL. The Commission may direct that some or all of these
documents be served on interested or afected persons who are not paries. The Commission
Secreta's notice of parties (and revisions to it) will list all persons whom the pares must serve
and their representatives as of the 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-
DECISION MEMORANDUM 7
03. Service of Discovery. The service of discovery documents on pares shall be
accomplished by electronic mail (as attchments 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-
Rule 67: Staff is recommending two changes to ths rule. First, the Commission
Secretary's Staff is recommending that documents containing trade secrets or other confidential
information be reproduced on yellow paper only. The existing rue in Subsection 67.02.a.
currently provides that such information may be reproduced on "any colored paper." For
administrative ease, the Sta recommends that a specific color be identified so that confidential
information will be readily apparent. Staff also indicates that in its experience over the last five
years, confidential information has always been submitted on yellow paper.
The other change recommended in this area is to delete the reference to a 3.5"
diskette and replace this storae medium with a CD-ROM. The use of CD-ROMs for the storage
of documents is much more prevalent and it can store much more information than the 3.5"
diskettes.
067. INFORMATION EXEMPT FROM PUBLIC REVIEW -- DEFINITIONS -- FORM
-- PROCEDURES (RULE 67).
01. Definitions. (4-5-00)
a. "Trade secrets" filed with the Commission are exempt from public inspection,
examination, and copying pursuat to Section 9-3400, 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)
i. 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 obtan
economic value from its disclosure or use; and (4-5-00)
ii. Is the subject of efforts that are reasonable under the circumstances to maintain itssecrecy. (4-5-00)
DECISION MEMORANDUM 8
b. . "Confidential information" means information, documents, or records fied with
the Commission that are specifically exempt from public inspection, examination and copying
pursuat to Sections 9-340A though 9-340F, Idao 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, confdential or otherwse exempt from public
disclosure shall be served upon the Commission and other pares 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 aay eolored yellow paper other th white. Each page shall
be marked as "TRE SECRETS" or "CONFIDENTIAL." (4 5 OO)L-
b. If in electronic form, the trde secret or confidential information shall be
reproduced separately on a DOS formatted tlee aad oae half (3,5) ia6h (oae poin fort foli
(1.44) megabyt diskette) CD-ROM or other electronic storage format approved by the
Commission Secreta; 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 "TRAESECRETS" or "CONFIDENTIAL." ~
03. Procedure. Whenever a pary believes tht information contaed in pleadings or
other documents are trade secrets, confidential or otherwise exempt from public disclosure, the
attorney of such par 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 contaned in documents wil be removed and replaced
with a page maked: "This page allegedly contans trade secrets or confdential material and is
separately filed." All materials for which no assertion of protection from public inspection,
examination and copying is made will be placed in files available for public insction. 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 unuthorizeddisclosur. (4-5-00)
DECISION MEMORANDUM 9
04. Protectie Agreements. In proceedings before the Commission involving trade
secrets or other confidential information, paries may enter into protective agrments to
faciltate and safeguard the exchange of necessar information. Protective agreements may
include procedures for copying, exchanging, serving, safeguading, or challenging the
characterization of trade secrets or confidential information. The Commission shall not be a pary
and will not be bound by the terms of a protective ageement. (4-5-00)
Rule 114: In 1996, the Commission issued Order No. 26665 setting out the
application requirements for competitive local exchange cariers (CLECs). Staff is
recommending that the requirements of this procedural Order now be incorporated in a
Commission rue.
114. APPLICATION FOR NEW COMPETITIVE LOCAL EXCHANGE CARR
(CLEC) - FORM AN CONTENT (RULE 114).
The Commission issues Certficates of Public Convenience and Necessity to competitive local
exchange carers (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 nae of the sole proprietorship. L-
b. If the applicant is a parership, provide a list of the naes and business addresses
of all the parers, and the business name of the parership. L-
£: If the applicant is a corporation, provide: L-
1. A short statement of the character of public service in which it is engaged; L-
ii. The name of the state in which it is incorporated; L-
ii. Its principal business address and its pricipal address within Idao; L-
iv. A cerfied copy of its aricles of incorpration; L-
v. The names and addrsses of the òffcers and directors of applicant; L-
vi. The naes and addrsses of subsidiaries owned or controlled by applicant; L-
DECISION MEMORANDUM 10
Vll. If not incorporated in Idaho, a certificate of good standing issued by the
applicable secretar of state, and the name and address of registered agent for servce in Idaho;and L.
Vl1. 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 chaacter 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 written description of customer classes and customer services that the applicant
proposes to offer to the public. The application shal indicate the date on which the applicant
proposes to begin constrction or anticipates it will begin to provide servce in Idaho. L.
b. A description sufcient for determinng whether service is to be offered in a
paricular location and the names of incumbent local exchange corporations OLECs) with whom
the proposed utilty is likely to compete. The application shall include: a description of the
intended maner of servce, e.g., resold services or facilties-based services; and a general
description of the propert owned or controlled by applicant. L-
c. A map of reasonable size and detal showing where the applicant is proposing to
provide service including exchanges (if different from existing exchanges), rual 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 servce area. L.03. Financial Information. L.
!: The application shal provide the curent detailed balance sheets, including a
detaled income and profit and loss statements of applicant reflecting curent and prior year
balance for the twelve (12) month ending as of the date of the balance sheet, or if not readily
available, for the period since the close of the preceding calenda year. If a balance sheet and
income statement are not available, the applicant shall submit financial data suffcient to
establish it possesses adequate financial resources to provided the proposed serces. L.
b. The application shall include the latest anual reprt, if any. L.
04. Tariffs and Price Lists. The application shall include proposed intial taffs or
price sheets setting fort rates, rues, terms, and regulations applicable to the contemplated
service. Initial tarffs and price lists filings shall be in an electronic form as well as paper. The
DECISION MEMORANDUM 11
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 Secretar. L-
05. Tariff and Customer Contact. The application shall include the name, address,
and telephone number for those persons responsible for taff and price list questions, as well as
customer complaints and inquiries. The application shall state the toll-free telephone number forcustomer inquiries and complaits. L-
06. Interconnection Agreements. The application shall state whether the applicant
ha initiated interconnection and negotiations and, if so, when and with whom. Include copies of
any interconnection contracts which have been completed for the provision of
telecommunication services. L-
07. Compliance with Commission Rules. The application shall contain a written
statement that the aplicant has reviewed all of the Commission's rules and agrees to comply
with them, or include a request for waiver of those rues believed to be inapplicable. L-
08. Conservation of Telephone Numbers. The application shall contain a wrtten
statement acknowledging that non-paging telecommuncaton caiers with telephone numbering
resources in Idaho shall be subject to numbering conseration 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 numbeg resource pool unused one thousand
(1,000) number blocks and one thousand (1,000) number blocks that have fewer than ten percent
(10%) of the telephone numbers assigned. Applicable carers shall also fie the necessar
utilzation reports with NeuSta and biennally report their number resource utilzation/forecast
CNRUF) data at the one thòusand (1,000) block level for each rate center within their servce
terrtory. The Federal Communications Commission has appinted NeuSta to manage the
assignment and conservation of telephone area codes and telephone numbers in Nort America.
L-
Rule 122: The Staff is proposing tht Subsection 02 be amended to improve the
clarity of the language and the examples of exceptions.
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 ofIdao exceeding thee milion dollar ($3,000,000) must fie with
DECISION MEMORANDUM 12
the Commission a "notice of intent to file a general rate casé" at least sixty (60) days before
filing a general rate case. If the general rate case described in the notice is not filed within one-
hundred twenty (120) days after fiing of the notice of intent to file a general rate case, by
operation of this rue a notice of intent to fie a general rate case will be considered withdrawn
unless it is supplemented with a written sttement that the utilty still intends to file a general rate
case of the kind described in its notice ofintent to file a general rate case. (7-1-93)
02. Exceptions for Trackers or Annual Cost Adiustments. 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
arising on short notice and beyond thé utility's control. ~
Rule 125: Rule 125 already exists as Rule 102 to the Commission's Utilty Customer
Information Rules (IDAPA 31.21.02.102). The Staf is recommending that Utility Customer
Information Rule 102 be moved to the Commssion's Procedure Rules as Rule 125. Eventually,
the Staff would propose to eliminate the Commission's Customer Information Rule (IDAPA
31.21.02).
125. NOTICES TO CUSTOMERS OF PROPOSED CHANGES IN RATES (RULE 125).
01. Customer Notice of a Change in Rates. If a utilty 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 utility'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 Commssion
decision. It shall also inorm customers tht a copy of the utility's application is available for
public review at the offces of both the Commission and the utility, and on the Commission'shomepage. L-
DECISION MEMORANDUM 13
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 ths rule afer approval by the Commission. All other tracker or anual cost
adjustment cases remai subject to the requirments of advance notice contained in this rule. L-
03. Distribution of Customer Notices. The customer notices referred to in
Subsection .125.0 1 may be mailed to customers as bil stuffers over the course of a billng 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 insces covered by Subsection 125.01, the utility shall also
send a press release contang, at minimum, the same information presented in the customer
notices to all newspapers, radio, and television sttions lised on the Commission's news
organzation list for that utility. The press releases shall be mailed or delivered simultaeouslywith filing of the application. L-
05. Filing of a Press Release and Customer Notice. A copy of the press release and
customer notice shall be filed with the application. L-
06. Purposes and Effects of This Rule. The puoses ofSubsectÎons 125.01 though
125.05 of ths rue are to encourge wide dissemination to customers of information concerning
proposed rate changes for utility servces. It is not a purse of these subsections to create due
process or other procedural rights in customers by expanding, contracting, or otherwse
modifyng the notice and due process rights of customers under the Public Utilities Law and the
Commission's Rules of Procedure, IDAPA 31.01.01. Accordingly, Subsections 125.01 though
125.05 of this rule create no individua 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 returing anapplication for incompleteness. L-
Rules 126 and 127: There are no changes to these two rules other than being
renumbered. Rule 126 was the former Rule 135.
DECISION MEMORADUM 14
~126. APPLICATION TO APPROVE INTERCONNECTION AGREEMENTS
(RULE ll126).
01. Uncontested Agreements. A telephone corporation may fie an application for
the Commission to approve voluntaily negotiated, adopted or amended interconnection
agreements pursuat to Section 252 of the federal Telecommuncations Act of 1996. The
Commission acts on adopted or negotiated interconnection agreements and uncontested
amendments to previously approved agreements with the assistace of a written ex pare
recommendation of the Commission Staf. (3-16-04)
02. Contested Agreements. Petitions to arbitrate, mediate or otherwise resolve
interconnection disputes between or among telecommunication carrers shall be processed under
Rule 53.(3-16-04)
~127. PUBLIC WORKSHOPS ON APPLICATIONS TO INCREASE RATES
(RULE ~127).
01. Public Workshop. When a public utility fies an application to increase any rate,
fare, toll, renta or charge regarding any classification or servce, the Commission will determine
if the staf should conduct a public workshop. The purose of any workshop is for the staff to
dispense information concerning the utility's application and to receive wrtten 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 afected area. The Commission shall
determine the location for the workshop within the area served by the public utilty. 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 utilty taff advices. (3 16 (4)L-
Rule 132: Rule 132 changes the Commission Secreta's e-mail address and deletes
obsolete references to old computer strage formats.
DECISION MEMORAUM 15
132. NUMBER OF TARIFF COPIES FILED (RULE 132).
The Commssion encourages public utilties to file their taff schedules via electronic maiL.
(3-16-04)
01. Electronic Tariffs. For electronically fied taffs, 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 Secreta at:
secretar(ipuc.state.id.usidaho.gov. 'Electronic taiff schedules may also be submitted as PDF
documents on appropriately formatted the an oae half (3.5) iaeh diskette, zip disk, or CD-
ROM or other electronic storage format approved by the Commission Secretar. (3 16 04)L-
02. Printed Tariffs. To file printed taffs, each utilty shall fie an original and n.0
(2) copies of their taiff schedules with the Commission Secreta. (3-16-04)
03. Approval. The Commission will stamp its approval in the space provided on each
. copy of an approved taff, placing the original in its files and returning one (l) copy to thepublic utility. (3-16-04)
Rule 133: As indicated in Subsection 02, utilties are required to serve their
Commission-approved tarffs on all pares to a case where a taff change was required.
Commission Staff is recommending that the last sentence of Subsection 02 be deleted because it
is a redundant adinistrative task.
133. TARFFS SUBMITTED PURUANT TO ORDER (RULE 133).
01. Order May Require Submission of Taris. When the Commission direct or
authorizes by order that certain taffs be filed, the order may require the tariff submissions to the
Commission to be accompanied by appropriate explantory documents, summares, workpapers,
or similar materal. When the Commission authorizes a utilty to file new tariffs pursuant to order
in a general rate case, the Commission may require the utility to file a complete set of tariffs
containing both pages with changed rates and chages and those without. (7-1-93)
02. Staff Review of Taris Filed Pursuant to Order. When a utilty fies tarffs
with the Commission pursuant to an order of the Commission in a proceeding in which other
pesons are pary, the responsibilty for reviewing the taff submission to determine whether it
complies with the Commission's order is upon the Commission Staff, which shall promptly
DECISION MEMORANDUM 16
report to the Commission whether the tariffs do comply. The review of tarffs 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 entr after Staff review
without fuher order. A..fter approval, the i:tility mit promptl)' serve the tarffs oa all pares.
(11604)L-
03. Motions With Regard to Tariffs Submitted Pursuant to Order. If the
Commission has approved tariffs, partes or persons contending that approved taiffs are
inconsistent with the Commission's orders may fie appropriate motions asking that approval bereviewed. (7-1-93)
Rule 134: Commission Staff is recommending that Subsection 03 be updated to
improve its clarify and reflect existing practices.
134. TARIFF ADVICES (RULE 134).
01. Tariff Advices Authorized. Public utilities may fie tarffs adding new or
modifying existig services, providing for new or modified rules, or otherwise makng minor
changes to existing schedules by taiff advice. The taff advice must include a letter of
tranmittl from the utilty listing all taiff pages changed or added by the tariff advice and
stating briefly the reason for filing the taiff advice. If existing tariffs are changed, the advice
must contain two (2) copies of each changed page: one (l) showing all the changes with
appropriate symbols for deletions, additions, etc., and one (1) showing the pages afer the
changes as they will appear in the proposed new tarffs. (7-1-93)
02. Filng of Tariff Advice. No taff advice can be effective unless notice is given to
the Commission and the public pursuat to Sections 61-307, 61-622 or 61-623, Idaho Code. If
the tariff advice proposes an effective date fewer than thirt (30) days after it is filed, the
effective date of the taiff is delayed until thirt (30) days after the tariff advice is filed by
operation of Sections 61-307, 61-622 or 61-623, Idao 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 tarff advice, the tariff advice not suspended or approved goes into effect thrt
(30) days afer fiing or on the proposed effective date, whichever is later. If no effective date is
proposed for the taff advice, the tarff advice does not go into effect until approved by order or
DECISION MEMORANDUM 17
minute entr. If a taff 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. Ordinly, the Commission acts upon taff advices with the
assistace of aa wrttn ex pare recommendation of the Commission Staf. EY
reeommeadatioa of the Commissioa Sta is rel:l:ired to speeifieally state wllet it is
appropriat to aet l:poa the adviee ..lithl: BOtiee of applieatioa beiag geaerally distbl:ted to tl
pl:blic. The Commission acts upon taiff advices at its open meetings. (7 1 93)L-
Rules 202 and 204: The Commission's existing Modified Procedure Rule 202 does
not reflect that an applicant or movig par has the right to fie a reply after comments are
received. Based upon a utility's suggestion, the Commission Sta is recommending that the rule
be modified to reflect that an applicant or moving pary may file a reply. Rule 204 is being
updated to reflect that replies are permtted when the Commission processes a case under
Modified Procedure.
202. NOTICE OF MODIFIED PROCEDUR (RULE 202).
01. Notice of Modified Procedure. When the Commission finds that it may not be in
the public interest to hold a hearg in a matter, notice of modified procedure will be issued. Itwill: (7- i -93)
a.Describe the issues presented in the proceeding, (7-1-93)
Sumarize the moving pary's justification for the proposed changes and its
(7-1-93)
b.
position,
c. State that the Commission finds that it may be in the public interest not to hold a
hearng in the proceeding and wil not do so uness 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 fiing wrtten protests or comments, and a reply by the
moving par with th Commissioa. (7 i 93)L-
02. Distribution of Notice. Copies of the notice of modified procedure will be
provided to all interested persons, including newspapers, muncipalities, counties, and chambers
of commerce located with the terrtorial scope of the application, petion or complaint whose
DECISION MEMORANDUM 18
readers, citizens or members may be affected by the proceedings and to all pares. Unless
otherise provided by the notice of modified procedure, all interested persons will have at least
twenty-one (21) days from the date of the notice to file a written protest or comment. (4-5-00)
204. ACTION BY COMMISSION (RULE 204).
If no protests, support 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
nm are filed within the deadline§. the Commission will consider them and may set the matter
for hearng or may decide the matter and issue its order on the basis of the written positionsbefore it. (7 i 93)L-
Rule 225: Based upon a practitioner's suggestion, Staff is recommending that the
time for answering discovery requests be shortened from 28 days to 21 days. Shortening the
answer period would accelerate the discovery process and paries could stil agree to longer
periods on a case-by-case basis.
225. PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND
. REQUESTS FOR ADMISSION (RULE 225).
01. When Requests May Be Used. Production requests or wrtten interrogatories and
requests for admission may be taken in accordace with the Idaho Rules of Civil Procedure for
any purose allowed by statute, Idao 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 obtan
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 rue to fact may be denied generally and the reasons for denial required to be
discovered by deposition rather than by request for adission, 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)
DECISION MEMORANDUM 19
02. Form of Requests. The caption of a production request or wrttn interogatory
and of a request for admission must identify the par makg the request or interrogatory, the
par to whom the request or interrogatory is directed, and the number of the request or
interrogatory to that par. 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 adission, respectively, from the same par submitting the
questions to the same par answering them. For example, if the last question of the Third
Production Request of the Commission Staf to XYZ Electrc Company is numbered 33, the first
question of the Four Production Request of the Commission Staf to XYZ Electric Company
must be numbered 34. But, if the Stafs next production request is its first to intervenor ABC
Company, that request must begin with question one (I) to that intervenor. (7-1-93)
03. Time for Objection and Answer. Unless otherwse provided by order, notice, or
these rues, or puruat to ageement with or acquiescence of the answerng par, paries have at
minimum fourteen (14) days to object or explain why a question canot be anwered according
to this rule and twenty-el one (2&1) days to answer. ~
04. Numbers of Requests. The number of production requests or wrtten
interrogatories and of requests for adission and individua questions or subpar in them may be
iImited 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)
Rule 229: The proposed changes to Rule 229 are prompted by changes to the
discovery procedures in Rules 61 and 63. In addition, Sta believes it is appropriate to delete
the last par of this rule since the Sta wil be able to reproduce additional copies of discovery
because of the electronic format.
229. FILING AN SERVICE OF DISCOVERY AND RELATED DOCUMENTS
(RULE 229).
Thee (3) legible eopies of RNotices of deposition, production requests or written interrogatories,
requests for admission, answer to production requests or wrtten interrogatories, answers to
requests for admission, explantions in lieu of answers under Rule 228.01, and objections to
DECISION MEMORADUM 20
discovery must be filed with the Commission Secretar and copies served on all pares
according to Rules 61, 62, 63, and 64, æieept tht the Staf by lett te the paries may real:est
that aditoaal eopies be fied. ~
Rule 231: Staff is proposing two changes to this rule. First, in an effort to reduce the
amount of paper fied with the Commission, Sta proposes that prefile testimony be allowed to
be printed on both the front and back of each page. Second, is clarifying the computer-
searchable copies of testimonies in Subsection 05.
231. PREPARED TESTIMONY AND EXHIBITS (RULE 231).
01. Prepared Testimony May Be Required. Order, notice or rule may require a
par or paries to submit prepared testimony and exhibits to be presented at hearng. (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 of the testimony (direct, rebuttal, etc.). (7-1-93)
b. The first page of prepared testimony should contain testiony 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" xlI ") paper, be double-spaced (except for quoted material and tables or other collections
of numerical data), and contan 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 thefront and back (duplexed). ~
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 obscurng the
printed materiaL. Indentations for paragraphing and for "Q" and "A" must be seven (7) spaces.
(7-1-93)
DECISION MEMORANDUM 21
e. Each page of preared testony must be numbered at the lower right corner and
must be blan in the center of the bottom margin to allow the reporter to insert trscript page
numbers there. Each page of prepard testimony must have at least a one-inch (1 ") top andbottom margin. (7 -1-93)
f. Each page of prepared testimony must contan the witness's surame followed by
the designation "Di" (signifying direct testimony) or "Di-Reb" (signifying direct testimony on
rebuttl) and the name of the par sponsoring the testimony printed in the lower right margin.
For example, the marginal notation on page 5 of the testimony of the witness Lyn Accountat
of ABC Company would be:
5
ACCOUNTANT, DI
ABC COMPANY
or Accountat, Di 5
ABC Company
(7-1-93)
03. References to Exhibits. All references to exhibits in prepared testimony must
refer to the exhbits by their number as assigned by the Commission Secretar. Exhibits
accompanying prepared testimony must be consecutively numbered from the first exhibit
number assigned to the par by the Commssion Secreta if the par has not previously
identified exhibits, or from the highest exhibit number previously identified by that pary.
Exhibits must be fied on eight and one-half by eleven inch (8- 1 /2" x i 1 ") paper unless it is
impractical to make them that size. Exhbits accompanying prepared testimony mus complywith Rule 267. (7-1-93)
04. Number of Copies -- Filng and Service. Unless otherwse provided by order,
notice or agreement of the pares, nine (9) legible copies of prepared testimony and exhibits
must be fied with the Commission Secretar and copies fied on all pares puruant to Rules 61,
62,63 and 64 at least foureen (14) days before the hearng at which they will 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 otherwse, and be included
with the copies fied with the Commission Secreta. In special circumstaces, notice or order
may provide that the reportr's copy of prepared testimony and exhibits be served directly on the
reporter rather than the Commission Secretar. (7-1-93)
05. Computer Readable Searchable Copies of Testimony. In addition to the paper
copies of prepared testimony, the Commission Secreta may also require or the pares may
DECISION MEMORADUM 22
agree that some or all of the prepared testimony to be submittd to the secreta, paries ef and
the reportr in computer searchable di CD-ROM. The CD-ROM shall be in stadard ASCII
format, Adobe Acrobat (PDF), or other searchable format agreed upon by the reporter and the
paries. 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-
Rule 233: To be consistent with the Stafs recommendation regarding the use of
yellow paper for confidential information in Rule 67, Sta is recommending that Subsection 02
be updated to reflect the use of yellow paper as well.
233. ASSERTIONS THAT DISCOVERED MATERIAL IS PROTECTED FROM
PUBLIC INSPECTIONS -- PROCEDURES (RULE 233).
01. Assertion of Protection. Whenever any par to a request for discovery believes
that material otherwise discoverable is protected by statute or rue of law from inspection,
examination or copying by the general public, the attorney for the par asserting the material is
protected by law from inspection, examination or copyig 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 asserton constitutes a representation that the attorney is familar 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 aay eolored yellow paper other tl 'nliite and separted from
material available for public review. Each page of the material exempt frm public review must
be marked "Trae Secrets" or "Confidential." All material exempt from public review shal be
filed with the Commission Secretar and served on all pares under seal puruat 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-
DECISION MEMORADUM 23
Rule 241: The Sta is recommending a new Subsection 04 that delineates the two
tyes of formal hearngs that the Commssion generaly conducts: techncal heangs and
customer hearngs. Subsection 04.b. provides that uness otherwse ordered by the presiding
officer at a hearng, pares are prohibited from presentig evidence at a customer hearng. This
rule comports with the Commission's practice of having paries present their technical evidence
at a technical hearng.
241. NOTICE OF HEARING (RULE 241).
01. .~ Timing of Notice. Notice of the place, date and hour of hearing will be served at
least foureen (14) days, or in the case of formal complaints, twenty-one (21) days, before the
time set for hearng, unless the Commission finds by order that the public necessity requires the
hearng 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 paries (or the lead parties if the paries are too numerous to name), the
case number, and the name of the hearng offcer who will conduct the hearing if the case will
not be heard by one (1) or more Commissioner. If no document previously issued by the
Commission ha listed the legal authority of the Commssion to conduct the hearing, the notice
of hearing must do so. The notice of hearg shall stte that the hearg will be conducted under
these rues of procedure and inform the pares where they may read or obtain a copy. (7 -1-93)
03. Locations of Hearing. Hearigs 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 paries present witnesses and their
prepared testimony and exhibits. L-
b. A customer hearng is a public hearng for customers, public offcials, and other
persons not related to paries in the case to provide testimony. Unless otherwse ordered by the
presidig offcer, paries are prohibited from presenting evidence at the customer hearng. L-
Rule 244: Staff recommends that this rue cross-reference Rule 47 (Conduct
Required) and Idaho Code § 18-6409(1) (Disturbing the Peace).
DECISION MEMORADUM 24
244. CONDUCT AT HEARINGS (RULE 244).
All persons attending a hearing must conduct themselves in a respectfl and coureous maner.
Persons disrupting the hearing shall be asked to leave by the presiding offcer. See Rule 47;
Section 18-6409(l), Idaho Code. Smoking is not permitted at hearngs. (7 i 93)L-
Rule 260: The Staff recommends moving Rule 105 from the Commission's Utilty
Customer Information Rules to this location. As indicated below, this rule requires paries at
Commission hearings to make sumaries of their position and testimony available to members
of the public. By moving Rules 102 and 105 from the Utilty Customer Information Rules
(IDAPA 31.21.02), the Staff eventually believes that the Commission may be able to e!iminate
the latter rule set.
260. (RSERVED). SUMMARY OF POSITION(S) AND TESTIMONY (RULE 260).
Each utility shall make available to the public at all Commission hearings a brief wrtten
sumar of the utility's position(s) and testimony fied in the case under consideration except
when the Commission has determined that a summar is not necessar. If the utility is requesting
a rate increase, its summar shall address the utilty's need for additional revenue, the tota dollar
amount requested, and the proposed percentage increase or decrease in rates for each major
customer class. The Commission Staf and. intervenors shall also provide a brief summar of
their recommendations and the testimony fied in the case under consideration. These summares
and presentations are provided solely for the convenience of the public and will not be allowed
as evidence or form the basis for cross-examination of any witness. L-
Rule 267: Replaces "colored paper" with yellow paper.
267. EXHIBITS (RULE 267).
01. Exhibit Numbers. Exhibit numbers are assigned to the paries before hearngaccording to Rule 230. (7-1-93)
02. Form of Exhibits. Public exhibits offered at hearing must ordinarly be typed or
printed on eight and one-half by eleven inch (8 1/2" x i 1") white paper, except maps, cha,
photographs and non-documenta exhibits may be introduced on the size or kind of paper
DECISION MEMORADUM 25
customarly used for them. Exhibits that ar tre secrets, confdential information or otherse
exempt from public review shall be printed on aa eelored yellow paper oth tl white. A
copy of each documenta exhbit must be fuished to each par present, to the reporter, and to
each Commissioner or heang examiner, except for unusually bulky or voluminous exhibits that
have previously been made available for the paries' inspection. Copies must be of good quality.
(4 500)L-
03. Timely Filng of Exhibits. Exhbits offered as par ofa par's direct case (except
exhibits offered on redirect examination) must be timely filed. Exhibits filed pursuant to any
order, notice or rue requiring their filing before hearng are timely filed. Otherwise, exhibits
must be distrbuted or made available to all pares long enough before their introduction into
evidence to allow the paries a reonable opportity to review them and to prepare to examine
their substace, except those exhbits that update exhibits previously timely fied may be fied so
long as fair opportunity is aforded other paries to examine the sponsoring witnesses about the
updated material. (7-1-93)
04. Objection - Admission. Exhibits identified at hearing are subject to appropriate
and timely objection before the close of proceedings. Exhbits to which no objection is made are.
automatically admitted into evidence without motion of the sponsoring par. (7-1-93)
05. Labeling of Exhibits. All exhibits accompanying prepared testimony, exhbits
introduced during direct examination of a par's witnesses, and, to the extent practicable, all
other exhibits introduced at hearng must label the exhibit number, case number, pary and
witness sponsoring the exhibit, and any subdivisions within the exhibit, such as separate
schedules or char. Examples of labeling required by this rule are:
Exhbit No. 101 Exhbit No. 507
Case No. XX-X-XX-XX Case No. XX-X-XX-XX
P. Engineer, StaL. Accountant, ABC Company
Schedule 1, p..l of 3
Exhibits prepared for the proceeding must contain ths labellng on each page of the exhibit.
Exhibits reproducing previously existing documents may contan a cover page with this
labellng, but need not be labelled on each page. (7-1-93)
06. Sources for Exhibits. Exhibits prepared from data in workpapers, answers to
discovery, periodicals, report or other documentable sources of information must contan a
statement of sources. Examples ofthe statements of sources required by this rule are: (7-1-93)
DECISION MEMORANDUM 26
P. Engineer, Workpapes - Answer ofXYZ Utility
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
Exhibits especially prepared for introduction into evidence in a proceeding (i.e., exhibits not
otherwise prepared or in existence) should be descriptively titled to show their contents andpurose. (7-1-93)
07. Certain Exhibits Require Presiding Officer'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 offcer. 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 otherwsepreserved for the record. (7-1-93)
Rule 272: Staff recommends that when it engages in "active" settlement that it be
required to notify the Commission as well as the other paries.
272. PROCEDURES FOR ACTIVE SETTLEMENTS (RULE 272).
Settlements in formal proceedings in which one (1) or more parties negotiate an agreement
differing from positions of one (1) or more of the pares previously on record with the
Commission are called active settlements. Any part other than the Commssion Staff may enter
into an active settlement with any par other than the Commission Staf without prior
notification to the Commission or other paries. The Commission Staf, however, is precluded
from entering into an active settement without firs notifying all other paries and the
Commission that it intends to begin or has begun settlement negotiations. The Commission Staff
must give all other paries an opportunity to parcipate in or be apprised of the course of the
settlement negotiations before a fial settlement agreement is reached. Settlement negotiations
are confidential, uness all paricipants to the negotiation agree to the contrar. (7 1 93)L-
DECISION MEMORANDUM 27
COMMISSION DECISION
Does the Commission wish to make any changes to the proposed changes? Does the
Commission wish to issue a Notice of Proposed Rulemakng? Does the Commission wish to
have its Notice of Proposed Rulemakng in the October 1,2008 APA Bulletin?
J~
Don Howell
Deputy Attorney General
blsI:3 I-OIOI-0801_Decision Memo_dh
DECISION MEMORANDUM 28