20100503Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DEPUTY ATTORNEY GENERAL
DATE:APRIL 28, 2010
SUBJECT:THE COMMISSION'S NEGOTIATED RULEMAKING TO EXAMINE
DRAFT CHANGES TO THE RULES OF PROCEDURE, IDAPA 31.01.01
DOCKET NO. 31-0101-1001 (IPUC CASE NO. RUL-I0-0l)
On March 11 2010 the Commission initiated a negotiated rulemaking process to
examine various amendments to its Rules of Procedure, IDAPA 31.01.01. On April 7 2010 the
Commission also caused to be published in the Idaho Administrative Bulletin a Notice of
Negotiated Rulemaking. Both Notices stated that the Commission would hold an informal
public workshop so that interested persons could discuss and review the proposed changes.
THE PUBLIC WORKSHOP
On April 21 2010 the informal workshop was held in the Commission Hearing
Room. Persons participating in person or by telephone included representatives of: Idaho Power
Company, Commission Staff, Qwest Corporation, PacifiCorp dba Rocky Mountain Power and
United Water. The workshop participants had no objections to the proposed changes to Rules
, 19, 125 231 286, and 301.
Based upon comments and discussion offered at the workshop, the participants agreed
to correct and/or clarify other rules. In particular, the parties agreed to amend Rules 0 , 5 , 20, 43
and 121. These changes are laid out in the Staff comments filed April 26, 20 I O. The Staff
comments containing participants' agreed upon changes are attached for your review.
WRITTEN COMMENTS
In addition to Staff comments , written comments were submitted by A vista, Idaho
Power, Qwest, Verizon and United Water. In their written comments, the commenters agreed
with the revisions set out in Staff s comments.
DECISION MEMORANDUM
COMMISSION DECISION
1. Given the lack of any objections to Rules 16, 19 , 125 , 231 , 286, and 30 I , does the
Commission wish to formally adopt these changes and issue a Notice of Proposed Rulemaking?
2. Does the Commission wish to adopt the changes laid out in Staff comments and
agreed to by the commenters including Rules and 121? Does the Commission desire
to include these changes in a Notice of Proposed Rulemaking?
3. Does the Commission desire to issue a Notice of Proposed Rulemaking to be
published in the Idaho Administrative Bulletin on June 4, 201 O?
Don Howell
Deputy Attorney General
blsfN:31-01O1-IOOI Decision Memo dh2
DECISION MEMORANDUM
DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERALL
IDAHO PUBLIC UTILITIES COMMISSION
472 WEST WASHINGTON STREET
PO BOX 83720
BOISE, ID 83720-0074
Idaho Bar No. 3366
Tele: [phone]
Fax: [phone]
E-mail: don.howell~puc.idaho.gov
RECE 1\/'-:!"'
2010APR 26 P~1 2: 21
UTi L N(1gJdc~Lf!;
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Attorney for Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE NEGOTIATED
RULEMAKING TO EXAMINE DRAFT
CHANGES TO THE COMMISSION'
RULES OF PROCEDURE, IDAP A
31.01.01.000
) IDAPA DOCKET NO. 31-0101-1001
) IPUC CASE NO. RUL-I0-
) COMMENTS OF THE
) COMMISSION STAFF
COMES NOW the Staff of the Idaho Public Utilities Commission by and through its
attorney of record, Donald L. Howell , II, and hereby submits these comments in support of the
Commission s proposed changes to its Procedural Rules. On March 11,2010, the Commission
initiated a negotiated rulemaking process to examine various amendments to its Rules of
Procedure, IDAPA 31.01.01. On April 7, 2010, the Commission also caused to be published in
the Idaho Administrative Bulletin a Notice of Negotiated Rulemaking. Both Notices stated that
the Commission would hold an informal public workshop for the purpose of reviewing and
discussing the proposed changes to its Rules of Procedure.
THE PUBLIC WORKSHOP
On April 21 , 2010, interested persons met in the Commission Hearing Room or
participated by telephone in the negotiated rulemaking workshop. As set out in the Notices, the
reasons for the proposed changes include: (1) conforming the Commission s testimony and
transcript rules (Rules 231 and 286) to changes in the Idaho Supreme Court's Appellate Rules;
(2) changing Rule 43 (Representation of Parties) to conform to Supreme Court Opinions
COMMENTS OF THE
COMMISSION STAFF
regarding the representation of partnerships, corporations and other entities; (3) adding Rule 20
to make it easier to determine when telephone companies are no longer conducting business in
Idaho; and (4) making other changes to improve clarity (Rules 5, 16, 125, 301) and correcting
citations (Rules 0, 19, 21). Notice at p. 1 , Administrative Bulletin, Vol. 10-4, at p. 25.
Representatives from Idaho Power Company, Commission Staff, Qwest Corporation, PacifiCorp
dba Rocky Mountain Power and United Water attended and participated in the workshop.
ST AFF COMMENTS
Except as noted below, the workshop participants agreed or did not object to most of
the rule changes proposed by the Commission. More specifically, the participants had no
objections to the changes to Rules 16, 19, 125, 231 , 286, and 301.
Based upon the comments and suggestions of the workshop participants, Staff
recommends that the Commission review and approve several changes to the proposed rules. To
facilitate the Commission s review of the proposed changes, the reasons for the changes are
discussed before each rule in numeric order below.
Rule 0: Although the participants generally agreed with the proposed changes to
Rule 0 (Legal Authority), Qwest commented that several references to Title 62 statutes appear to
be inadvertently omitted. The Staff agrees and recommends that the Commission adopt the
proposed changes shown in bold italics below.
000. LEGAL AUTHORITY (RULE 0).
These rules are adopted under the general legal authority of the Public
Utilities Law, Chapters 1 through 7, Title 61, Idaho Code-,~ Chapters 9-, ~
through ~ aad 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,~ aaa Chapter~ 12, Title 62, Idaho Code, Chapter and 13,
Title 62, Idaho Code,~ and the particular 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, 61-6~01
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 62-62 69S, 62 698
through 62 612, 62 6J(JA thl'6ugh 62 61(IF, 62 61 if Ihl'6ugh 62-616d" 62-
619 62-622, 62-622A.62-1201 through 62-1207,62-1303, aad 62-1304 63-
30291. and 67-6528.Idaho Code. (4 5 OO)L-j
COMMENTS OF THE
COMMISSION STAFF
Rule 5:Qwest noted a typo in the proposed text. The correct citation to the
definitions in Title 62 is Section 62-603. Staff agrees and recommends that the Commission
adopt the change reflected below.
005. DEFINITIONS (RULE 5).
Terms of art used throughout these rules are defined within the rules
themselves. The term "utility" used in these rules includes every common
carrier. pipeline corporation. gas corporation. electric corporation. telephone
corporation. and water corporation as defined in Chapter 1. Title 61. Idaho
Code. and Section 62-60..13. Idaho Code. (7 1 93)1--2
Rule 20: Qwest and Verizon suggested that the new Rule 20 set out below be
clarified to indicate that the rule applies to the discontinuance of basic local exchange service or
message telecommunications service (i.e., long-distance calling). Staff concurs and recommends
that the Commission adopt the changes reflected below.
020. (RESERVED), DISCONTINUANCE OF
TELECOMMUNICATIONS SERVICE (RULE 20).
A telephone corporation that intends to discontinue service in Idaho shall file
a notice with the Commission at least ninety (90) days in advance of the date
that it intends to cease. operations. The televhone corporation proposing to
discontinue basic local exchanee or messaee telecommunications services
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
returned to customers. See also IDAPA 31.41.01.312 1--2
Rule 43:This rule attracted the most discussion among the participants. Most of the
discussion centered on the distinction between the types of "administrative proceedings" and
quasi-judicial proceedings" set out below. In particular, the participants questioned whether
rulemaking proceedings under Commission Rule 401 (IDAPA 31.01.401) would require
representation by attorneys. After discussing this matter with the Idaho State Bar Counsel, Staff
believes that rulemaking is more legislative than judicial. Accordingly, Staff recommends that
rulemaking" be added to the list of administrative proceedings under Subsection 0 I below.
The participants also discussed whether in-house counsel for utilities might be
exempt from the Pro Hac Vice requirements in Rule 43.03 below. Staff believes that Idaho law
COMMENTS OF THE
COMMISSION STAFF
requires that utilities be represented by Idaho licensed attorneys in quasi-judicial proceedings.
As the Idaho Supreme Court recently noted in Indian Springs v. Indian Springs Land Investment
147 Idaho 737 744-45,215 P.3d 457, 464-65 (2009): "the law in Idaho is that a business entity,
such as a corporation, limited liability company, or partnership must be represented by a licensed
attorney before an administrative body or a judicial body.Staff believes that the current Pro
Hac Vice rule in effect since 2004 strikes the appropriate balance by requiring out-of-state
licensed attorneys to request limited admission at least one (1) time per calendar year. See Rule
43.03 below.
043. REPRESENTATION OF PARTIES ..\T PROCEEDINC8 (RULE
43).
Recognizing that pfroceedings before the Commission are sometimes
administrative in nature or quasi-judicial in nature, appearanees and
01. Administrative Proceedines. Administrative proceedings before the
Commission include matters such as the filing of tariff schedules. tariff
advices. price lists. certificates to provide local exchange service.
interconnection agreements. rulemakin/!. written comments in modified
procedure. or written comments provided at a customer hearing. These filings
may be made by a natural person pro se. a partner in a partnership. an
employee or officer of a corporation. or a licensed attorney.L-l
02. Quasi-Judicial Proceedines. The representation of parties at quasi-
judicial proceedings for the purpose of adjudicating the legal rights or duties
of a party is restricted as set out below. Ouasi-judicial proceedings before the
Commission include matters such as formal complaints. petitions. motions.
applications for modified procedure or technical/evidentiary hearin~
Representation of parties at these types of proceedings shall be as follows:L-j
Mo!. Natural Person.A natural person fffi!et mav represent himself or
herself or be represented by a duly authorized employee, or an licensedattorney.
~!!.
Plutner'8hip.A partnership or corporation fffi!et shall be represented by
a partner, duly autheri~d employee, or aft licensed attorney. (7 1 93)L-J
03. Corporation. /\. eorporatioR must be represented by an officer, dtily
authorized employee, or an attorney. (7 1 93)
~.
Other Entity.A municipal corporation,.;J! state, federal, tribal, or local
government agency;; or entity, an unincorporated association,; 6f !! non-profit
COMMENTS OF THE
COMMISSION STAFF
organization, or other entity ffffiSt shall be represented by an officer, a duly
authori~d employee or afl licensed attorney.
OSJ. Attorney Representation. Only an active member of the Idaho State
Bar may represent a party as an attorney except as provided by Idaho Bar
Commission Rule 22:J1 (Limited AdmissionlPro Hac Vice). The Commission
adopts by incorporation Bar Rule 22:J1 as modified below. (3-16-04)
a. Given the administrative nature ef many proceedings, lLimited admissionby out-of-state attorneys will not be necessary in conjunction with
administrative filings such as tariff s6hedales, tariff adyices, price lists,
certificates to proyide local exchange service, and interconnection agreemeats
Out-of-state attorneys representing the same party in one (1) or more quasi-
judicial eases proceedings (such as fermal complaints, metiens, petitions, and
applieations that request modified proeedure or an evidentiary hearing),must
request limited admission at least one (1) time per calendar year.() 16 01)L-j
b. An attorney applying for limited admission to appear before the
Commission in a representative capacity shall file a written motion with the
Commission Secretary and serve a copy on all parties. The motion shall be
substantially in the form set out in Bar Rule 22:J1( 1) with references to the
Commission instead of the court.
c. A copy of the written motion shall be submitted to the Idaho State Bar
accompanied by the fee prescribed by Bar Rule 22:J10).
Rule 121 : Qwest proposed that the scope of this rule be clarified. Staff and the other
participants agreed. Accordingly, Staff is recommending that the Commission adopt the change
to Rule 121.01 noted below.
121. FORM AND CONTENTS OF APPLICATION TO CHANGE
RATES (RULE 121).
01. Utility Applications to Change Rates. Applications by any public utility
subject to Title 61. Idaho Code.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 ()(J)L-l
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 filing a
tariff listing the proposed change and all unchanged rates and charges or rates
COMMENTS OF THE
COMMISSION STAFF
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. (7-93)
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 narrativeexposition. (7-93)
c. If the application is subject to Rule 122 when a general ehange in
reel:HTing rates is proposed,a statement showing how the application has been
brought to the attention of affected customers lIDder IDAP.~ 31.21.02.102 or
31.41.02.102 and a copy of the press release and customer notice required by
Rule 125
d. A statement that the applicant stands ready for immediate consideration ofthe application. (7-93)
e. If the application is subject to Rule 122, testimony and exhibits showing
financial statements, cost of capital and appropriate cost of service studies.
(7-93)
f. Workpapers or documentation showing how test year data were adjusted.
(7-93)
g. If the applicant provides utility service in states other than Idaho or utility
service subject to federal regulation, a jurisdictional separation of all
investments, revenues and expenses allocated or assigned in whole or in part
to Idaho intrastate utility business regulated by this Commission showing
allocations or assignments to Idaho. (7-93)
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 office 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 actual data. The application must state that
the documentation of the models already on file in the applicant's office or
other depository fully describes the models or that necessary updates or
additions to previous documentation that will fully describe the models is onfile and will be supplied on request. (4-00)
COMMENTS OF THE
COMMISSION STAFF
03. Grounds for Returning or Dismissing Application. Failure to comply
with Rule 121.01 and 121.02 of this rule is grounds to return or dismiss anapplication under Rule 65. (7-93)
STAFF RECOMMENDATION
In summary, Staff recommends that the Commission adopt the proposed changes set
out above and the initially proposed changes to Rules 16, 19, 125, 231 , 286, and 301. Staff
further recommends that the Commission formally propose these changes and issue a Notice of
Proposed Rulemaking in IDAPA Docket No. 31-0101-1001.
RESPECTFULL Y submitted this 26
t'- day of April 2010.
Donald L. How I, II
Deputy Attorney General
blsfN:31-0101-IOOI StafTComments
COMMENTS OF THE
COMMISSION STAFF
RULES WITHOUT CHANGES
016.SERVICE BY COMMISSION - DESIGNATION OF AGENT (RULE 16).
The Commission Secretary serves all notices, orders, summonses, and complaints issued by the
Commission or by the Secretary. (7 -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 otherwise provided by statute, these rules, order
or notice, service of orders and notices is complete when a copy, properly addressed and
stamped, is either deposited in the United States mail or transmitted electronically. All orders and
notices shall be affixed with the Commission Secretary s official service date on the first page.
The Commission Secretary will serve all orders and notices in a proceeding on the
representatives of each party designated pursuant to Rule 41 for that proceeding and upon other
persons designated by these rules or by the Commission or any Commissioner. (3-16-04)
02.Service of Summonses and Complaints. The Commission Secretary will serve
complaints against utilities upon the person designated for that purpose by the utility. All utilities
must maintain on file with the Commission Secretary a designation of such person.
Summonses and complaints directed to regulated utilities or other persons shall be served by
registered or certified mail. Writs of summons or subpoena and warrants of attachments directed
to all other persons must be served by a person authorized to serve process by statute or by the
Idaho Rules of Civil Procedure.(1 5 00)(
03.Desienation of Aeent for Service. All utilities shall designate a person as their
agent to be served with summons and complaints. Utilities shall be responsible for maintaining
on file with the Commission Secretary the current name, mailing address and e-mail address of
the person designated as the agent to receive service.
(BREAK IN CONTINUITY OF SECTIONS)
019.INCORPORA TED BY REFERENCE - IDAHO BAR COMMISSION RULE
(RULE 19).
Rule 43 incorporates by reference Idaho Bar Commission Rule 22':2.1 (Limited Admission/Pro
Hac Vice) effective ,2010. Bar Rule 22':2.1 is promulgated by the Idaho State Bar and
adopted by order of the Idaho Supreme Court. Bar Rule 22':2.1 may be obtained from the Idaho
State Bar, PO Box 895, Boise, ID 83701 , or online at \V\v".v2.state.id.us/isb/ www.isb.idaho.gov
under the "Rules" icon.Bar Rule 2221 is also available for inspection and copying at the Idaho
State Law Library or at the offices of the Idaho Public Utilities Commission.
(BREAK IN CONTINUITY OF SECTIONS)
(3 16 01)(
125.NOTICES TO CUSTOMERS OF PROPOSED CHANGES IN RATES (RULE 125).
01. Customer Notice of a Change in Rates. (5-09)
If a utility is requesting a rate increase, the utility shall issue a customer notice to
each customer. The customer notice shall include a brief explanation of the 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.b. If the utility is requesting a rate decrease, the utility shall issue a customer notice
to each customer. The customer notice shall include a brief explanation of the reason for the
decrease, the overall dollar amount of the proposed decrease, and the proposed percentage
decrease for each major customer class.c. The customer notice shall make it clear that the application is a proposal, subject
to public review and a Commission decision. It shall also inform customers that a copy of the
utility s application is available for public review at the offices of both the Commission and the
utility, and on the Commission s homepage.
02.Timing 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 this rule after approval by the
Commission. All-eOther tracker or annual cost adjustment cases that result in an increase in rates
remain subject to the requirements of advance notice contained in this rule. Other tracker or
annual cost adjustment cases that result in a decrease in rates may be brought to the attention of
customers in compliance with this rule after approved by the Commission.(5 8 09)(
03.Distribution of Customer Notices. The customer notices referred to in
Subsection 125.01 may be mailed to customers as bill stuffers over the course of a billing cycle
or may be contained in additional comment pages to the customer s monthly bill. 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.(5-09)
04.Press Release. In instances covered by Subsection 125., the utility shall also
send a press release containing, at minimum, the same information presented in the customer
notices to all newspapers, radio , and television stations listed on the Commission s news
organization list for that utility. The press releases shall be mailed or delivered simultaneously
with filing of the application.(5-09)
05. Filing of a Press Release and Customer Notice. A copy of the press release and
customer notice shall be filed with the application. (5-09)
06.Purposes and Effects of This Rule. The purposes of Subsections 125.01 through
125.05 of this rule are to encourage wide dissemination to customers of information concerning
proposed rate changes for utility services. It is not a purpose of these subsections to create due
process or other procedural rights in customers by expanding, contracting, or otherwise
modifying the notice and due process rights of customers under the Public Utilities Law and the
Commission s Rules of Procedure, IDAPA 31.01.01. Accordingly, Subsections 125.01 through
125.05 of this rule create no individual procedural rights in any customer for notice that would
give rise to a due process or other procedural claim cognizable by the Commission, but failure to
comply with Subsections 125.01 through 125.05 of this rule can be grounds for returning an
application for incompleteness.( 5-09)
(BREAK IN CONTINUITY OF SECTIONS)
231. PREPARED TESTIMONY AND EXHIBITS (RULE 231).
01. Prepared Testimony May Be Required. Order, notice or rule may require a
party or parties to submit prepared testimony and exhibits to be presented at hearing. (7-93)
02. Format for Prepared Testimony. (7-93)a. Prepared testimony and exhibits must be accompanied by a cover sheet showing
the case caption and case title, the person testifying, the party for whom the testimony is offered
and the nature of the testimony (direct, rebuttal , etc.
).
(7 -93)b. The first page of prepared testimony should contain testimony only (i., it should
begin with the first question to the witness and not repeat the information on the cover page).(7-93)c. Prepared testimony must be submitted on white eight and one-half by eleven inch
(8-1/2" x II") 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 mere 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.(7-93)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.(7-93)f. Each page of prepared testimony must contain the witness s surname followed by
the designation "Di" (signifying direct testimony) or "Di-Reb" (signifying direct testimony on
rebuttal) and the name of the party sponsoring the testimony printed in the lower right margin.
For example, the marginal notation on page 5 of the testimony of the witness Lynn Accountant
of ABC Company would be:
Accountant, Di
ABC Company
Accountant, Di 5
ABC Company
(7-93)
03. References to Exhibits. All references to exhibits in prepared testimony must
refer to the exhibits by their number as assigned by the Commission Secretary. Exhibits
accompanying prepared testimony must be consecutively numbered from the first exhibit
number assigned to the party by the Commission Secretary if the party has not previously
identified exhibits, or from the highest exhibit number previously identified by that party.
Exhibits must be filed on eight and one-half by eleven inch (8-112" x 11") paper unless it is
impractical to make them that size. Exhibits accompanying prepared testimony must comply
with Rule 267.(7-93)
04. Number of Copies -- Filing and Service. Unless otherwise provided by order
notice or agreement of the parties, nine (9) legible copies of prepared testimony and exhibits
must be filed with the Commission Secretary and copies filed on all parties pursuant to Rules 61
, 63 and 64 at least fourteen (14) days before the hearing at which they will be presented. The
original, if there is an original, or one (1) of the copies, if there is not, must be specifically
designated as the reporter s copy by cover sheet, attached note or otherwise, and be included
with the copies filed with the Commission Secretary. In special circumstances, notice or order
may provide that the reporter s copy of prepared testimony and exhibits be served directly on the
reporter rather than the Commission Secretary.(7-93)
05. Computer-Searchable Copies of Testimony. In addition to the paper copies of
prepared testimony, the Commission Secretary may also require or the parties may agree that
some or all of the prepared testimony to be submitted to the Secretary, parties and the reporter in
computer searchable CD-ROM without password protection. The CD-ROM shall be in standard
AJ;CII format Adobe Acrobat (PDF), or other searchable format agreed upon by the reporter and
the parties. Each CD-ROM shall be labeled with the Commission s case number, case name, the
name of each witness and the sponsoring party.(5 8 09)(
(BREAK IN CONTINUITY OF SECTIONS)
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 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 hearing, and other
information as shown in the following example:
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
(TITLE OF PROCEEDING)
CASE NO. XXX-XX-
(COMMISSIONER Able Baker, Presiding)
(HEARING OFFICER Charlie Dog, Presiding)
(Date, e., January 21 1983)
(Hearing Room, e., Commission Hearing Room)
(Address, e., 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 parties 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 party
(if any) called the witness, the pages upon which each other party s examination begins, the
pages upon which each Commissioner s or hearing examiner s examination begins, and the
pages upon which redirect examination or any party , 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
the exhibits are denied admission.(7-93)
03.Matters Included in Transcript. The transcript must contain all discussions on
the record while the hearing is in order. Unless otherwise directed by the Commission, the
presiding officer, or the Commission Secretary, 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 will 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
parties and to the reporter, unless the Commission, the presiding officer or the Commission
Secretary otherwise directs. (7 -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 party sponsoring the
witness s testimony. Witnesses not sponsored by any party must be designated "Public." The
type of testimony must be shown following the witness s surname 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.(7-93)
05.Volume Size -- Number of Pages. Transcript volumes should not exceed three
hundred (300) pages unless the transcript can be completed in three hundred fifty (350) pages or
less. Transcript volumes and pages of all proceedings on the record, including prehearing
conferences, hearings, 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 filed with the
Commission Secretary 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 as flat
as possible.
07.
(3-16-04)
Compressed Transcript. Any party 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 shall be horizontal as follows:
I ~ I ~
08.Computer-Searchable Transcript.
y p
art uest a com uter-
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 party ordering the disk. (
012. Purchase of Transcript. Any party or other person may request and pay for a
copy of a transcript or portions of the transcript from the reporter. (3-16-04)
(BREAK IN CONTINUITY OF SECTIONS)
301.FAILURE TO ANSWER OR APPEAR AT HEARING - DEFAULTS (Rule 301).
After an applicant's, petitioner , complainant's or moving party 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. (7-93)