20100826Adoption of Pending Rule.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.01.01 - RULES OF PROCEDURE OF
THE IDAHO PUBLIC UTILITIES COMMISSION
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NOTICE OF RULEMAKING - ADOPTION OF PENDING RULE
DOCKET NO. 31-0101-1001
EFFECTIVE DATE: This rule has been adopted by the Public Utilties Commission and is now
pending review by the 2011 Idaho State Legislature for final approval. The pending rule
becomes final and effective at the conclusion of the legislative session, unless the rule is
approved, rejected, amended or modified by concurrent resolution in accordance with Sections
67-5224 and 67-5291, Idaho Code. If the pending rule is approved, amended or modified by
concurent resolution, the rule becomes final and effective upon adoption of the concurrent
resolution or upon the date specified in the concurent resolution.
AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that the
Public Utilties Commission has adopted a pending rule. The action is authorized pursuant to
Sections 61-401, 61-404, and 61-601, Idaho Code.
DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons
for adopting the pending rule and a statement of any change between the text of the proposed
rule and the text of the pending rule with an explanation of the reasons for the change.
The Commission received no comments regarding the proposed rule. The pending rule is
being adopted as proposed. The complete text of the proposed rule was published in the July 7,
2010 Idaho Administrative Bulletin, Vol. 10-7, pages 96 through 104.
FISCAL IMP ACT: There is no fiscal impact on the State General Fund in excess of ten
thousand dollars ($10,000) during the fiscal year.
ASSISTANCE ON TECHNICAL QUESTIONS: For assistace on technical questions
concerning this pending rule, contact Donald L. Howell, II, Deputy Attorney General, at (208)
334-0312.
DATED this d0t1'ay of August 2010.
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Barbara Barows
Assistant Commission Secretary
Idaho Public Utilties Commission
472 W. Washington Street (83702-5918)
PO Box 83720
Boise, ID 83720-0074
Tele: [phone]
FAX: [phone]
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Offce of Administrative Rules): 31-0101-1001
(OAR wil assign docket number to Negotiated, Proposed and Temporar rulemakings.)
IDAPA, Title, and Chapter Number and Chapter Name:
31.01.01 - Rules of Procedure
Agency: Idaho Public Utilties Commission
Agency Contact and Phone Number: Don Howell - 334-0312
Legal Authority for rulemaking - Idaho Code Section(s): 61-205,61-401,61-404, and 61-601
This rulemaking is a: (Check at least one; it may be necessary to check more than one.)
Negotiated Rulemaking _ Proposed Rulemaking _ Temporar/Proposed Rulemaking
Temporary Rulemaking _ Effective Date of Temporar Rule:
Temporary Rule Justification (See Idaho Code Section 67-5226):
_Protection of the public health, safety, or welfare; or
_Compliance with deadlines in amendments to governing law or federal programs; or
_Conferring a benefit.
Pending Rule -- Date Pending Rule Wil Become Effective: Upon approval of 20 11 Legislature
Amendment to Temporary Rule _ Rescission of Temporary Rule _
Correction to Pending Rule _ Vacation of Rulemaking _
Does any portion of this rulemaking impose or increase a fee or charge?
If yes, provide a specific description along with the citation of the statute authorizing the imposition or increase.
No.
Does this rulemaking have a negative fiscal impact on the state general fund greater than ten
thousand dollars ($10,000) during the fiscal year?
If yes, include a descriptive summary of the fiscal impact involved.
No.
Does this rulemaking necessitate changes in other rules?
If yes, please specify.
No.
Does this rulemaking incorporate by reference other documents?
Specify an exact description of document(s) incorporated by reference.
Existing Rules 19 and 43 incorporate State Bar Rule 222. Bar Rule 222 is being renumbered to
Rule 227
HAVE YOU. ..
X
X
1. Had your legal counsel review your rulemaking?
2. Received Director, Board or Commission approval for the rulemaking?
HA VE YOU INCLUDED. . .
X 1. An approved Proposed/emporar Administrative Rules Form (PARF)?
X 2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
X 3. An 8 1/2 by 11 hard copy ofthe Notice and the complete text of the rule changes?