20100311Proposed Changes to Rules of Procedure.pdf

PROPOSED CHANGES TO THE
COMMISSION'S RULES OF PROCEDURE
IDAP A 31.01.01
The Commission is proposing to amend several of its Rules of Procedure, IDAPA
31.01.01. The reasons for the proposed changes can be broken down into several areas: (1)
conform the Commission's testimony and transcript rules to changes in the Supreme Cour's
Appellate Rules; (2) change Rule 43 (Representation of Paries) to conform to recent Supreme
Cour opinions regarding the representation of parnerships and corporations; (3) make it easier
to determine when telephone companies are no longer conducting business in Idaho; and (4)
improve the clarity of rules and make other housekeeping changes.
To faciltate your review of the proposed changes, the reasons for the substative
changes to the procedural rules are discussed before each rule in chronological order below.
THE PROPOSED RULE CHANGES
Rule 0: The Commission proposes to update the citations of legal authority
contained in this rule. This rule was last updated in 2000. Since that time, the Commission has
been granted additional authorities in: Stray Curent and Remediation Act (61-801 et seq.);
Utilty Cost Reduction Bonds Act (61-1601 et seq.); Electric Transmission Facilities Act (61-
1701 et seq.); the Broadband Tax Credit Act (63-30291); and other statutes.
000. LEGAL AUTHORITY (RULE 0).
These rules are adopted under the general legal authority of the Public
Utilties Law, Chapters 1 through 7, Title 61, Idaho Code,; Chapters 9, ~
through 10.. æi 13, 15 through 17, Title 61, Idaho Code,; Chapters 3 and 4,
Title 62, Idaho Code,; the Telecommunications Act of 1988, as amended,
Chapter 6, Title 62,; æi Chapterâ 12, Title 62, Idaho Code, Chapter and 13,
Title 62, Idaho Code,; and the paricular authority of Sections 56-904, 61-304
through 61-309, 61-501, 61 502, 61 503 through 61-505,61-507, 61-516, 61-
538, 61-541, 61-601 through 61-607, 61-610 through 61-619, 61-62-01
through 61-626, 61-803 through 61-806, 61-902 through 61-905, 61-909, 61-
1003 through 61-1005,61-1007,61-1305,61-1306, 61-1603 through 61-1607,
61-1703 through 61-1709, 62-304, 62-305, 62-424, 62-604, 62- 605, 62-608
through 62-612, 62-61OA through 62-61 OF, 62-614 through 62-616, 62-619,
62-622, 62-622A, 62-1201 through 62-1207,62-1303, æi 62-1304, 63-30291,
and 67-6528, Idaho Code. (4 5 00)( )
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 1
Rule 5: Staff recommends that the Commission add a definition for the term "utility"
as used in the Rules of Procedure.
005. DEFINITIONS (RULE 5).
Terms of ar used throughout these rules are defined within the rules
themselves. The term "utility" used in these rules includes every common
carier, pipeline corporation, gas corporation, electric corporation, telephone
corporation, and water corporation as defined in Chapter 1, Title 61, Idaho
Code, and Section 62-602, Idaho Code. (7 1 93)( )
Rule 16: Currently Subsection 02 of Rule 16 requires utilties to designate a person
for the receipt of service. The recommended changes to the title of the rule and new Subsection
03 sets out the designation requirement more clearly in its own subsection.
016. SERVICE BY COMMISSION - DESIGNATION OF AGENT
(RULE 16).
The Commission Secretar serves all notices, orders, sumonses, and
complaints issued by the Commission or by the Secretary. (7-1-93)
01. Service of Orders and Notices. All notices and orders served by the
Commission may be served by United States maiL. Notices and orders may
also be served by electronic mail in cases designated by the Commission.
Unless otherwse provided by statute, these rules, order or notice, service of
orders and notices is complete when a copy, properly addressed and stamped,
is either deposited in the United States mail or transmitted electronically. All
orders and notices shall be affxed with the Commission Secreta's official
service date on the first page. The Commission Secretar will serve all orders
and notices in a proceeding on the representatives of each par designated
pursuant to Rule 41 for that proceeding and upon other persons designated by
these rules or by the Commission or any Commissioner. (3-16-04)
02. Service of Summonses and Complaints. The Commission Secretar will
serve complaints against utilties upon the person designated for that purose
by the utilty. All utilities must maintain on fie v\'th the Commission
Secretar a designation of such a person. Sumonses and complaints directed
to regulated utilties or other persons shall be served by registered or certified
maiL. Writs of summons or subpoena and warants of attachments directed to
all other persons must be served by a person authorized to serve process by
statute or by the Idaho Rules of Civil Procedure. (4 5 00)( )
03. Designation of Agent for Service. All utilties shall designate a person
as their agent to be served with summons and complaints. Utilties shall be
responsible for maintaining on fie with the Commission Secretary the curent
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 2
name, mailing address and e-mail address of the person designated as theagent to receive service. ( )
Rule 19: The Idaho State Bar has proposed changing the rule number of the "Limited
Admissions/Pro Hac Vice" rule. The four changes to this section are housekeeping changes to
update the reference to the curent Idaho Bar Commission rule number.
019. INCORPORATED BY REFERENCE - IDAHO BAR COMMISSION
RULE (RULE 19).
Rule 43 incorporates by reference Idaho Bar Commission Rule 222-1 (Limited
Admissioniro Hac Vice) effective , 2010. Bar Rule 222-1 is
promulgated by the Idaho State Bar and adopted by order of the Idaho
Supreme Cour. Bar Rule 222-1 may be obtained from the Idaho State Bar, PO
Box 895, Boise, ID 83701, or online at \\'vrit'.state.id.us/isbl
ww.isb.idaho.gov under the "Rules" icon. Bar Rule 222-1 is also available
for inspection and copying at the Idaho State Law Librar or at the offces of
the Idaho Public Utilities Commission. (3 16 04)( )
Rule 20: The Commission proposes adding a new rule regarding the discontinuance
of telecommunications services in Idaho. This rule would require that a telephone corporation
intending to discontinue service notify the Commission of this fact. This would allow the
Commission Staff to keep better track of companies operating in Idaho and would allow the
fiscal division to more easily update its assessment records.
020. (RESERVD). DISCONTINUANCE OF
TELECOMMUNICATIONS SERVICE (RULE 20).
A telephone corporation that intends to discontinue service in Idaho shall fie
a notice with the Commission at least ninety (90) days in advance of the date
that it intends to cease operations. The telephone corporation proposing to
discontinue service shall also publish a notice of such discontinuance in a
legal newspaper circulated in its service area pursuant to Section 62-612,
Idaho Code. If the telephone corporation held any customer deposits or
advance payments, the telephone corporation shall indicate in the notice how
the deposits are to be retured to customers. See also IDAPA 31.41.01.312 ( )
Rule 43: The Commission is proposing to update Rule 43 to conform to a recent
Idaho Supreme Cour opinion. The existing Rule 43 governs the representation of paries at PUC
proceedings. The existing rule generally follows the contours set out by our Supreme Cour in
Idaho State Bar Association v. Idaho PUC, 102 Idaho 672, 637 P.2d 1168 (1981). In that
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 3
opinion, the Cour indicated that it had no objection to the Commission's procedural rules
regarding representation
To the extent they allow representation of a sole proprietorship by the owner,
or representation of a parnership by the parners, or representation of a
corporation or non-profit organization by the officers of those entities. ... It
is well settled that in proceedings before a regulatory body such as the
Commission, that third persons unconnected with the entity in acting in a
representative capacity in such proceedings would necessarly be engaged in
the activities commonly associated with the practice of law.
Id at 676, 637 P.2d at 1172. The Cour also recognized that many proceedings before the
Commission "often involve matters more administrative than judicial in natue, (consequently)
some relaxation of the traditional rule against the practice of law by lay persons is appropriate."
Id.
In 1985, the Court had an occasion to revisit the issue of representing another entity
before a public agency. In Kyle v. Beco Corporation, 109 Idaho 267, 707 P.2d 378 (1985), the
Cour was asked to invalidate an Industrial Commission practice (subsequently a rule) which
restricted the representation of a corporation to Idaho licensed attorneys. In the underlying
administrative proceeding, an Industrial Commission referee denied the president and sole
shareholder of Beco Corporation the opportunity to cross-examine witnesses and present a
closing argument in a worker's compensation proceeding. In affirming the Industrial
Commission's decision, the Cour stated that
The general rule among this and other states has been that representation of
another person before a public agency or service commission constitutes the
unauthorized practice of law, where the proceedings before those tribunals are
held for purposes of adjudicating the legal rights or duties of a pary.
Id. at 271, 707 P.2d at 382 (emphasis added).
In dissent, Justice Bakes voiced surrise that the majority cited the Idaho State Bar
case as its lead authority to support its holding. He noted that the Cour in the State Bar opinion
relaxed the traditional rule of representation in administrative proceedings before the PUC.
Justice Bakes urged Beco to seek rehearng so that "sole owner and officer of a small family-
held corporation" could represent his business in the Industrial Commission proceeding. Kyle v.
Beco, 109 Idaho at 272-73, 707 P.2d at 383-84 (1. Bakes, Dissenting). The Cour subsequently
denied rehearing.
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 4
More recently in Indian Springs v. Indian Springs Land Investment, the Cour again
had an opportunity to review the question of who may represent a business entity. 147 Idaho
737,215 P.3d 457 (2009) (rehearing denied). In Indian Springs, non-attorney principals sought
to represent a limited liabilty company, a parnership, and two trusts in a civil action fied in
Idaho District Cour. After reviewing the issue of representation, the Cour stated that
the law in Idaho is that a business entity, such as a corporation, limited
liabilty company, or parership must be represented by a licensed attorney
before an administrative body or a judicial body. ... It is fairly well-
established that a trustee's duties in connection with his or her offce do not
include the right to present an argument pro se in the cours.
Id at 744-45, 215 P.3d at 464-65 (emphasis added). The Cour did not reference or acknowledge
the Idaho State Bar case.
Based upon Kyle and Indian Springs, the Commission has refined the requirements of
its Rule 43. In administrative proceedings (e.g., tariff advices, tariff schedules, price lists,
interconnection agreements), Staff believes that these type of administrative filings may be made
by "a natural person pro se, a partner in a partnership, an employee or offcer of a corporation, or
an attorney." However, in quasi-judicial proceedings "for the purpose of adjudicating the legal
rights or duties of a pary," a parnership, corporation, governental agency, non-profit
organization, or other entity must be represented by a licensed attorney.
043. REPRESENTATION OF PARTIES AT PROCEEDINGS (RULE
43).
Recognizing that plroceedings before the Commission are sometimes
administrative in nature or quasi-judicial in nature, appearances and:.
(3 16 04)( )
01. Administrative Proceedings. Administrative proceedings before the
Commission include matters such as the fiing of tarff schedules, tarff
advices, price lists, certificates to provide local exchange service,
interconnection agreements, wrtten comments in modified procedure, or
written comments provided at a customer hearing. These filings may be made
by a natural person pro se, a parner in a parnership, an employee or offcer of
a corporation, or a licensed attorney. ( )
02. Quasi-Judicial Proceedings. The representation of paries at quasi-
judicial proceedings for the purose of adjudicating the legal rights or duties
of a pary is restricted as set out below. Quasi-judicial proceedings before the
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 5
Commission include matters such as formal complaints, petitions, motions,
applications for modified procedure or technical/evidentiar hearin~
Representation of paries at these tyes of proceedings shall be as follows:( )
M!. NiitUFlll PeFsoB. A natural person m: may represent himself or
herself or be represented by a duly authorized employee, or an licensed
attorney.
(3 16 04)( )
(Q!!. PiiFtBershif). A parnership or corporation m: shall be represented by
a
parner, duly auhorized employee, or an licensed attorney.(7 1 93)()
03. COFf)OFiitioB. A corporation must be represented by an officer, duly
auorized employee, or an atorney. (7 1 93)
04£. OtheF EBtity. A municipal corporation,~ state, federal, tribal, or local
governent agency,; or entity, an unincorporated association,; er £! non-profit
organization, or other entity m: shall be represented by an offcer, a duly
auorized employee or an licensed attorney. (7 1 93)( )
OS~. Attorney Representation. Only an active member of the Idaho State
Bar may represent a pary as an attorney except as provided by Idaho Bar
Commission Rule 222-1 (Limited Admissioniro Hac Vice). The Commission
adopts by incorporation Bar Rule 2221 as modified below. (3-16-04)
a. Given the administrative nate of many proceedings, llimited admission
by out-of-state attorneys wil not be necessar in conjunction with
administrative fiings such as taiff schedules, tarff advices, price lists,
certificates to provide local e~(Change service, and interconnection agreements.
Out-of-state attorneys representing the same par in one (1) or more quasi-
judicial ca proceedings (such as formal complaints, motions, petitions, and
applications that request modified procedue or an evidentiar hearing), must
request limited admission at least one (1) time per calendar year.(3 16 04)( )
b. An attorney applying for limited admission to appear before the
Commission in a representative capacity shall file a wrtten motion with the
Commission Secretar and serve a copy on all paries. The motion shall be
substatially in the form set out in Bar Rule 222-1(1) with references to the
Commission instead of the court. (3 16 04)( )
c. A copy of the written motion shall be submitted to the Idaho State Bar
accompanied by the fee prescribed by in Bar Rule 222-10). (3 16 04)( )
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 6
Rule 121: The Commission proposes to update the citations contained in Subsection
01.c. given the recent deletion ofIDAPA 31.21.02.
121. FORM AND CONTENTS OF APPLICATION TO CHANGE
RATES (RULE 121).
01. Utilty Applications to Change Rates. Applications by any public utilty
to increase, decrease or change any rate, fare, toll, rental or charge or any
classification, contract, practice, rule or regulation resulting in any such
increase, decrease or change must include the following data: (4-5-00)
a. An exhibit showing in full each proposed change in rates, tolls, rentals,
charges, rules or regulation by striking over proposed deletions to existing
tariffs and underlining proposed additions or amendments to existing tariffs,
except applications to increase or decrease all or almost all rates and charges
by a uniform percentage or by a uniform amount may be made by fiing a
tariff listing the proposed change and all unchanged rates and charges or rates
and charges not changed by a uniform percentage or a uniform amount, or by
use of another designation previously approved by the Commission that
clearly calls attention to all proposed changes in numbers or wording. (7-1-93)
b. If the application is subject to Rule 122, a complete justification of the
proposed increase in the form of testimony and exhibits or a narativeexposition. (7 -1-93)
c. If the application is subject to Rule 122, when a general change in
recuring rates is proposed, a statement showing how the application has been
brought to the attention of affected customers under IDAPA 31.21.02.102 or
31.41.02.1 02 and a copy of the press release and customer notice required byRule 125. (7 1 93)( )
d. A statement that the applicant stands ready for immediate consideration ofthe application. (7-1-93)
e. If the application is subject to Rule 122, testimony and exhibits showing
financial statements, cost of capital and appropriate cost of service studies.(7 -1-93)
f. Workpapers or documentation showing how test year data were adjusted.(7-1-93)
g. If the applicant provides utilty service in states other than Idaho or utilty
service subject to federal regulation, a jurisdictional separation of all
investments, revenues and expenses allocated or assigned in whole or in par
to Idaho intrastate utility business regulated by this Commission showingallocations or assignments to Idaho. (7-1-93)
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 7
02. Proposals Based upon Computer Modeling. In addition, in any
application in which a computer model is used to represent or simulate
processes from which the revenue requirement is derived or upon which
allocations of the revenue requirement to different customer classes are based,
complete documentation of all those computer models must be supplied to the
Staff, upon request, and be available in the utility's offce or other depository.
The Staff may request that the computer model itself be provided. A computer
model includes the representation or simulation of a process, but does not
mean or include the compilation of actul data. The application must state that
the documentation of the models already on file in the applicant's offce or
other depository fully describes the models or that necessar updates or
additions to previous documentation that wil fully describe the models is onfie and wil be supplied on request. (4-5-00)
03. Grounds for Returning or Dismissing Application. Failure to comply
with Rule 121.01 and 121.02 of this rule is grounds to retur or dismiss an
application under Rule 65. (7-1-93)
Rule 125: The Commission proposes to clarify this rule to distinguish the tyes of
customer notices required for increases and decreases in rates.
125. NOTICES TO CUSTOMERS OF PROPOSED CHANGES
IN RATES (RULE 125).
01. Customer Notice of a Change in Rates.(5-8-09)
!: 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 curent
rates as well as the proposed percentage increase in revenue for each majorcustomer class. ( )
b. If the utilty is requesting a rate decrease, the utilty shall issue a customer
notice to each customer. The customer notice shall include a brief explanation
of the reason(s) for the decrease, the overall dollar amount of the proposed
decrease, and the proposed percentage decrease 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 utilty's application is available for public review
at the offices of both the Commission and the utilty, and on theCommission's homepage. ( )
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 8
02. Timg of Notice for Trackers or Annual Cost Adjustments. Tracker
adjustments occasioned by federal action that result in an increase or decrease
in rates may be brought to the attention of customers in compliance with ths
rule after approval by the Commission. :Ather tracker or anual cost
adjustment cases that result in an increase in rates remain subject to the
requiements of advance notice contained in this rule. Other tracker or anual
cost adjustment cases that result in a decrease in rates may be brought to the
attention of customers in compliance with this rue after approval by theCommission. (5 8 09)( )
03. Distribution of Customer Notices. The customer notices refered 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 montWy bil. If additional comment pages are used, the
information required by this rule is to be clearly identified, easily understood,
and perain only to the proposed rate change. (5-8-09)
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 newspaper, radio, and television
stations listed on the Commission's news organation list for that utilty. The
press releases shall be mailed or delivered simultaneously with fiing of theapplication. (5-8-09)
05. Filg of a Press Release and Customer Notice. A copy of the press
release and customer notice shall be filed with the application. (5-8-09)
06. Purposes and Effects of This Rule. The puroses of Subsections 125.01
though 125.05 of this rule are to encourage wide dissemination to customers
of information concerng proposed rate changes for utility serices. It is not a
purose of these subsections to create due process or other procedural rights in
customers by expanding, contracting, or otherse modifying the notice and
due process rights of customers under the Public Utilities Law and the
Commssion's Rules of Procedure, IDAPA3L.0L.0L. Accordingly,
Subsections 125.01 though 125.05 of ths rule create no individual procedural
rights in any customer for notice that would give rise to a due process or other
procedural claim cognzable by the Commission, but failure to comply with
Subsections 125.01 though 125.05 of ths rule can be grounds for retungan application for incompleteness. (5-8-09)
Rules 231 and 286: The Commission is recommending changes to these two rules
based upon recent amendments to the Idaho Appellate Rules. In paricular, the Idaho Supreme
Cour no longer requires that transcrpts be submitted in "ASCII" format. Consequently, Staff is
PROPOSED CHANGES TO THE
RULES OF PROCEDUR 9
recommending that this computer format be deleted from Rule 231.05. See I.A.R. 24(a)
(deleting the language about a computer searchable disk in ASCII format).
In addition, the recently amended Appellate Rules now allow for "compressed
transcripts." As recommended below, Staff proposes that any pary may request a compressed
transcript with no more than four pages of regular transcript on each page. I.A.R. 26(m) and (p).
231. PREPARED TESTIMONY AND EXHIBITS (RULE 231).
01. Prepared Testimony May Be Required. Order, notice or rule may
require a party or paries to submit prepared testimony and exhibits to bepresented 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 of the testimony (direct,rebuttl, 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 theinformation on the cover page). (7-1-93)
c. Prepared testimony must be submitted on white eight and one-half by
eleven inch (8-1/2" x 11 ") paper, be double-spaced (except for quoted
material and tables or other collections of numerical data), and contain no
more than ten (10) characters per inch and no me less than twenty-five (25)
lines of double-spaced testimony or more than thirty (30) lines per page. Each
page may be printed on the front and back (duplexed). (5 8 09)( )
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 (1-112) inch left margin that will
allow the page to be bound on its left side without obscuring the printed
materiaL. Indentations for paragraphing and for "Q" and "A" must be seven(7) spaces. (7-1-93)
e. Each page of prepared testimony must be numbered at the lower right
corner and must be blank in the center of the bottom margin to allow the
reporter to insert transcript page numbers there. Each page of prepared
testimony must have at least a one-inch (1") top and bottom margin. (7-1-93)
f. Each page of prepared testimony must contain the witness's surname
followed by the designation "Di" (signifying direct testimony) or "Di-Reb"
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 10
(signifying direct testimony on rebuttl) and the name of the pary 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
Accountat, 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 exhibits 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 party by the
Commission Secretar if the pary 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 11 ") paper unless
it is impractical to make them that size. Exhibits accompanying prepared
testimony must comply with Rule 267. (7-1-93)
04. Number of Copies -- Filng and Service. Unless otherwse provided by
order, notice or agreement of the paries, nine (9) legible copies of prepared
testimony and exhibits must be fied with the Commission Secretar and
copies fied on all paries pursuant to Rules 61, 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, attched note or
otherwise, and be included with the copies filed with the Commission
Secretary. In special circumstances, notice or order may provide that the
reporter's copy of prepared testimony and exhibits be served directly on the
reporter rather than the Commission Secretar. (7-1-93)
05. Computer-Searchable Copies of Testimony. In addition to the paper
copies of prepared testimony, the Commission Secretary may also require or
the paries may agree that some or all of the prepared testimony to be
submitted to the Secretary, paries and the reporter in computer searchable
CD-ROM without password protection. 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 thesponsoring party. (5 g 09)( )
286. TRANSCRIPTS (RULE 286).
01. Form of Transcripts -- Cover Sheet. Transcripts must be prepared on
white eight and one-half by eleven inch (8 1/2" x 11 ") paper. The line of each
page shall be double-spaced with a minimum of twenty-five (25) lines and a
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 11
maximum of thirty (30) lines per page. Quotations, citations and parenthetical
notes may be single-spaced. Each line shall be numbered on the left margin.
The cover page of each volume of transcript must show the title of the
proceeding, the case number, the presiding officer, the time and place of
hearng, and other information as shown in the following example:
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
(TITLE OF
PROCEEDING)
CASE NO. XX-X-XX-XX
(COMMISSIONER Able Baker, Presiding)
(HEARIG OFFICER Charlie Dog, Presiding)
(Date, e.g., January 21, 1983)
(Hearing Room, e.g., Commission Hearing Room)
(Address, e.g., 472 West Washington, Boise, Idaho)
(7 1 93)( )
02. Volumes of Transcript -- Indices to Volumes. Each day of hearing must
be transcribed in a volume or volumes separate from other days of hearing.
Each volume of transcript must begin with a list of the paries who appeared
that day and their representatives at hearing that day. This list must be
followed with a list of all witnesses whose testimony is reported in that
volume, showing the pages at which each witness's testimony begins, what
par (if any) called the witness, the pages upon which each other par's
examination begins, the pages upon which each Commissioner's or hearng
examiner's examination begins, and the pages upon which redirect
examination or any party's, Commissioner's or hearing examiner's re-
examination begins. These lists must be followed with a list showing all
exhibits identified in that volume of transcript (including exhibits
accompanying prepared testimony), the pages upon which they are first
identified, and, if any exhibits are denied admission, the pages upon which theexhibits are denied admission. (7-1-93)
03. Matters Included in Transcript. The transcript must contain all
discussions on the record while the hearing is in order. Unless otherwse
directed by the Commission, the presiding officer, or the Commission
Secretar, prepared testimony must be included in the transcript without
change or retyping. Witness's corrections to prepared testimony should be
made by distributing replacement pages to the reporter and describing those
corrections on the record and/or distributing an errata sheet; unless otherwise
directed, no corrections other than replacement pages wil be made in the
prepared testimony before it is incorporated in the transcript, except the
reporter may make minor corrections by interlineation in the prepared
testimony. Witnesses may have seven (7) days after hearing to distribute
replacement pages to all paries and to the reporter, unless the Commission,
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 12
the presiding officer or the Commission Secretary otherwise directs. (7 -1-93)
04. Margin Notes. The testimony of all witnesses reported in the transcript
must be designated in the lower right margin by the witness's surname and the
pary sponsoring the witness's testimony. Witnesses not sponsored by any
pary must be designated "Public." The tye of testimony must be shown
following the witness's surame as "Di" (direct or redirect), "X" (examination
by any party not sponsoring the witness), or "Com" (examination by a
Commissioner or hearing examiner). Examples of the designations required
by this Rule follow:
Accountant, Di;
ABC Company
Accountant, Com; Ratepayer, X
ABC Company Public
Discussions on the record that are not testimony or examination may be
labeled "argument," "decision," "colloquy," etc., to describe what is reported.(7-1-93)
05. Volume Size -- Number of Pages. Transcript volumes should not exceed
three hundred (300) pages unless the transcript can be completed in thee
hundred fift (350) pages or less. Transcript volumes and pages of all
proceedings on the record, including prehearing conferences, hearngs,
arguments, and any other proceedings on the record, must be numbered
consecutively. For example, if a prehearing conference on the record preceded
a hearing, the transcript volume and page numbers of the hearing would be
numbered consecutively with that of the prehearing conference. (3-16-04)
06. Number of Copies -- Binding. The reporter shall prepare an original and
one (1) copy of the transcript for the Commission. The original of each
transcript shall be fied with the Commission Secretar unbound but each
volume shall be separated (if applicable). Copies of the transcript shall be
fastened at the left margin in spiral or plastic-type binding, so as to open asflat as possible. (3-16-04)
07. Compressed Transcript. Any pary may request a compressed transcript
having no more than four (4) pages of regular transcript on a page. Each
volume of compressed transcript shall contain no more than two hundred
(200) pages unless the transcript can be completed in two hundred fifty (250)
pages or less. A compressed transcript may be duplexed. The pagination shallbe horizontal as follows: ( )
tE ~ I
08. Computer-Searchable Transcript. Any party may request a computer-
searchable disk of the written transcript. The disk shall be in Adobe Acrobat
(PDF) or other searchable format agreed upon by the reporter and the parordering the disk. ( )
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 13
0.72. Purchase of Transcript. Any pary or other person may request and pay
for a copy of a transcript or portions of the transcript from the reporter.(3-16-04)
Rule 301: The Commission is recommending that the title to this rule be amended to
more clearly reflect the content of the rule.
301. FAILURE TO ANSWER OR APPEAR AT HEARING -
DEFAULTS (Rule 301).
After an applicant's, petitioner's, complainant's or moving par's failure to
appear at the time and place set for hearing, the Commission may dismiss the
petition, application, complaint or motion. When a respondent that has been
properly served fails to answer or appear at hearing, the Commission may
order any relief against the respondent authorized by law. (7 -1-93)
bls/N:31-0iol-IOOl_Public Workshop Draft_dh
PROPOSED CHANGES TO THE
RULES OF PROCEDURE 14