20130828Notice of Rulemaking.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.01.0T _ RULES OF PROCEDURE OF
THE IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. 31-0101-1301
NOTICE OF RULEMAKING. PROPOSED RULE
Rutt u-rz-ct
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that
the Idaho Public Utilities Commission has initiated proposed rulemaking procedures. This action
is authorized pursuant to Sections 61-601 and 62-615, Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) conceming this rulemaking will be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than October 16, 2013.
The hearing site will be accessible to persons with disabilities. Requests
accommodation must be made not later than five (5) days prior to the hearing, to
Commission's address below.
DESCRIPTM SUMMARY: The following is a non-technical explanation of the substance
and purpose of the proposed rulemaking:
The Public Utilities Commission is proposing to update its Rules of Procedure, IDAPA
31.01.01. The reasons for the proposed changes include: improving efficiency and cost-
effectiveness by allowing the Commission to update its list of current utilities and railroads
subject to the annual regulatory assessments (Rule 18); updating references and citations to other
authorities (Rules 19, 43, 52); conforming rules to current practices (Rules 53, 72, 162);
increasing public involvement by making RSS feeds more user-friendly (Rule 39); recognizing
utilities formed as limited liability companies (Rules 111 and I l4); and improving the clarity of
two rules regarding customer notices (Rules 121 and 125). The proposed amendments to the
rules reflect the Commission's adoption of changes agreed to at the negotiated rulemaking.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMPACT: There is no fiscal impact on the state general fund resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated
rulemaking was conducted. The Notice of Intent to Promulgate Rules -- Negotiated Rulemaking
was published in the August 7,2013Idaho Administrative Bulletin, Vol. l3-8, pages 294-95.
for
the
INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2), Idaho Code, the
following is a brief synopsis of why the materials cited are being incorporated by reference into
this rule and how an electronic copy can be obtained:
Existing Rule 43 (31.01.01.043) incorporates by reference Idaho Bar Commission Rule
227 (Pro Hac Vice Admission). Bar Rule227 is promulgated by the Idaho State Bar and adopted
by Order of the Idaho Supreme Court. Bar Rule 227 may be obtained from the Idaho State Bar,
P.O. Box 895, Boise, Idaho 83701 or on-line at www.isb.idaho.sov.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Donald L. Howell, II, Deputy Attorney General, at [phone].
Anyone may submit written comments regarding this proposed rulemaking. All written
comments must be directed to the Commission Secretary and must be delivered on or before
October 23,2013. Persons desiring to comment are encouraged to submit written comments at
their earliest convenience rather than wait until the comment deadline.
DATED tUis A{Zay of August2ll3.
Idaho Public Utilities Commission
PO Box 83720
Boise,ID 83720-0074
Telephone: [phone]
Facsimile: (208) 334-37 62
Street address for express delivery:
472W Washington
Boise, Idaho 837 02-5918
IDAPA 3I
TITLE OI
CHAPTER 01
3I.OI.OI - RULES OF PROCEDURE OF
THE IDAHO PUBLIC UTILITIES COMMISSION
018. PAYMENT OF FEES AND REMITTANCES (RULE 18).
01. Pavments. Fees and remittances to the Commission must be paid by money order,
bank draft or check payable to "Idaho Public Utilities Commission." Remittances in curency or
coin are wholly at the risk of the remitter, and the Commission assumes no responsibility for
their loss.(7 -r-e3)
02, Annual Reeulatory Fees. Utilities and railroads shall pav their annual special
reeulatory fees as required by Chapter 10. Title 61 and Section 62-611. Idaho Code. Utilities
and railroads that fail to pay their soecial reeulatory fees. are no longer conducting business in
Idaho. and fail to maintain a designated agent for service with the Commission Secretar), (Rule
16.03) may be administratively removed from the list of utilities and railroads subject to the
annual regulatory fee.()
019. INCORPORATED BY REFERENCE -. IDAHO BAR COMMISSION RULE
(RULE 1e).
Rule43incorporatesbyreferenceIdahoBarCommissionRu|e227@ProHac
Vice Admission). Bar Pit:Je 227 is promulgated by the Idaho State Bar and adopted by order of
the Idaho Supreme Court. Bar Rule 227 may be obtained from the Idaho State Bar, PO Box 895,
Boise, ID 83701, or online at http://www.isb.idaho.gov. Bar Rule 227 is also available for
inspection and copying at the Idaho State Law Library or at the offices of the Idaho Public
Utilities Commission.(+_+{___J
(BREAK IN CONTINUITY OF SECTIONS)
039. PERSONS .. PERSONS NOT PARTIES -. INTERESTED PERSONS _ PUBLIC
INVOLVEMENT (RULE 39).
01. Persons and Person Not Parties. The term "person" includes natural persons,
partnerships, corporations, associations, municipalities, government entities and subdivisions,
and any other entity authorized by law to participate in administrative proceedings. Persons other
than the persons named in Rules 32 through 37 are not parties for the purpose of any statute or
rule addressing rights or obligations of parties.(4-s-00)
02. Interested Persons. Interested persons for purposes of the Commission Secretary's
service of notice under Rules 113,123, and202 are municipalities, counties, and chambers of
commerce in the area affected by a proceeding and persons who were parties in any proceeding
of a similar kind involving the same utility or regr*lai+e*earrier railroad in the preceding three (3)
years. This rule defines interested persons for purposes of Rules 173, 123, and202, but not for
purposes ofSection 6l-626, Idaho Code.€-sx_)
03. Public Involvement. Persons interested in receivine periodic updates about filings
made in certain groups of cases. in individual cases. or the issuance of press releases. orders and
notices may subscribe to the Commission's Rich Site Summary (RSS) feed located on the
Commission's home paee at: www.puc.idaho.gov. Subscription to general information will be
available at the home page at "Keep Me Updated" and case specific subscription will be
available at each case summary page. The Commission's home pase also contains links to other
utility or Commission topics.()
(BREAK IN CONTINUITY OF SECTIONS)
043. REPRESENTATTON OF PARTIES (RULE 43).
Proceedings before the Commission are sometimes administrative in nature or quasi-judicial in
nature. General requirements for the representation of parties are outlined below. (4#4+X_-)
01. Administrative Proceedings. 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, rulemaking, 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.(4-7 -t1)
02, Quasi-Judicial Proceedings. 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. Quasi-judicial proceedings before the Commission include matters such as formal
complaints, petitions, motions, applications for modified procedure or technical/evidentiary
hearings. Representation of parties of these types of proceedings shall be as follows: (4-7-11)
a. A natural person may represent himself or herself or be represented by a licensed
attomey.(4-7-rt)
b. A partnership or corporation shall be represented by a licensed attorney. (4-7-ll)
c. A municipal corporation; a state, federal, tribal, or local government agency; an
unincorporated association; a non-profit organization, or other entity shall be represented by a
licensed attorney.(4-7 -tt)
03. Attorney Representation. Only an active member of the Idaho State Bar may
represent a party as an attomey except as provided by Idaho Bar Commission Ptule 227 (Limi+ed
Admissira#Pro Hac Vice Admission). The Commission adopts by incorporation Bar Rule 227 as
modified below.(@t_l
a. Limited admission by out-of-state attomeys will not be necessary in conjunction with
administrative proceedings. Out-of-state attorneys representing the same party in one (l) or more
quasi-judicial proceedings must request limited admission at least one (l) time per calendar year.
(4-7-tt)
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 227(*1) with
references to the Commission instead of the court. (4-7-*+X_l
c. A copy of the written motion shall be submitted to the Idaho State Bar accompanied by
the fee prescribed in Bar Rule 227fi). (F7-+1)(_)
(BREAK IN CONTINUITY OF SECTIONS)
052. APPLICATIONS -- DEFINED -- FORM AND CONTENTS (RULE 52).
All pleadings requesting a right, certificate, permit, or authority from the Commission er-+he
minearecalled..applications.,,Applicationsmust:(4-#)t__l
01. State Facts. Fully state the facts upon which they are based,(7 -1-e3)
02. Refer to Provisions. Refer to the particular provisions of statute, rule, order, or other
controlling law upon which they are based, and (7-l-93)
03. Pray for the Action Sought. Request the action desired.(3-16-04)
04. Public Information. Unless otherwise exempted from disclosure by statute,
information in applications is public information not exempt from disclosure under Section 9-
340C(9), Idaho Code. (3-16-04)
0s3. pETrrroNS -- DEFINED -- FORM AND CONTENTS (RULE 53).
All pleadings requesting: (7-1-93)
01. Modification, Amendment or Stay of Existing Orders or Rules. (7-I-93)
02. Clarification or Construction of Orders, Rules or Statute. (7-l-93)
03. Initiation of Proceeding. The initiation of a proceeding not an application or a
proceeding that will lead to the issuance of an order. (7-l-93)
0a. Rehe*ri*S Reconsideration. (7-1-93)(-)
05. Request for Intervenor Funding. ( )
Q[ Intervention are Called 6'Petitions." €-l-9]L--)
07. Form and Content. Petitions must: ( )
a. Fully state the facts upon which they are based, (7-l-93)
b. Refer to the particular provisions of statute, rule, order or other controlling law upon
which they are based, (7-l-93)
c. Pray for the relief desired, and (7-l-93)
d. State the name of the person petitioned against (the respondent), if any. (7-1-93)
(BREAK IN CONTINUITY OF SECTIONS)
072. FORM AND CONTENTS OF PETITIONS TO INTERVENE (RULE 72).
Petitions to intervene must comply with Rules 41, 61, and 62. The petition must set forth the
name and address of the petitioner and clearly and concisely state the direct and substantial
interest of the petitioner in the proceeding. If affirmative relief is sought, the petition must state
the relief sought and the basis for granting it. Appliea+iens Petitions for intervenor funding
should be made in a separate document from the petition to intervene. (4-5.00X_-)
(BREAK IN CONTINUITY OF SECTIONS)
162. FORM AND CONTENTS OF PETITTON FOR INTERVENOR FUNDTNG (RULE
162).
An-app+ieatren petition for intervenor funding must contain the following:@-43) ( )
01. Itemized List of Expenses. An itemized list of expenses that the intervenor requests
to recover broken down into categories such as legal fees, witness fees, or reproduction fees.
Legal and witness fees shall, where applicable, indicate hourly rates.(4-s-00)
02. Statement of Proposed Findings. A statement of the intervenor's proposed finding
or recommendation that the intervenor wishes the Commission to adopt. (7-1-93)
03. Statement Showing Costs. A statement showing that the costs that the intervenor
proposes to recover are reasonable in amount.(7 -r-e3)
04. Explanation of Cost Statement. A statement explaining why the costs described in
Rule 162.01 constitute a significant financial hardship for the intervenor.(4-s-00)
05. Statement of Difference. A statement showing how the intervenor's proposed
f,rnding or recommendation in the case differs materially from the testimony and exhibits of the
he
or
Commission Staff.
06. Statement of
recommendation or position
consumers, and
(4-s-00)
Recommendation. A statement showing how the intervenor's
addressed issues of concern to the general body of utility users or
07. Statement Showing Class of Customer.
on whose behalf the intervenor appeared.
(7 -r-e3)
A statement showing the class of customer
(7-r-e3)
(BREAK IN CONTINUITY OF SECTIONS)
111. FORM AND CONTENTS -- NEW UTTLTTY (RULE 111).
Applicants for the issuance of a certificate of convenience and necessity for a new utility under
Section 61-526,Idaho Code, or Commission order, must submit the data required by this rule
(where relevant) with their applications. (4-5-00)
01. Name, Address and Form of Business.
a. If the applicant is a sole proprietor:
b. If the applicant is a partnership:
i. A list of the names, business addresses, and electronic
partners; and
ii. The business name (including dba) of the partnership.
i. The name, business address, and electronic address (if available) of the applicant; and
(4-s-00)
ii. The business name (including "doing business as" (dba)) of the sole proprietorship.
(3-16-04)
(7-r-e3)
addresses (ifavailable) ofall the
(4-s-00)
(3-16-04)
(7-r-e3)
(7 -1-e3)
(7 -t-e3)
c. If the applicant is a corporation or limited liability company (LLC): €-f.-93X_)
i. A short statement of the character of public service in which it may engage; (7-l-93)
ii. The name of the €orporation entity (including dba) and the state in which it is
incorporated or organized; (3;16.914;1_)
iii. Its principal business address, its principal business address within Idaho, and
electronic address (if available) ;(4-s-00)
iv. A certified copy of its articles of incorporation or its certificate of orsanization if an
LLC; and (#3X_)
v. If not incorporated or orsanized in Idaho, a certificate of authority from the Idaho
Secretary of State. a certificate of good standing issued by the Sgecretary of Sgtate of ldahe the
state in which it is incorporated or orsanized. and the name and address of its resistered agent for
service in Idaho.(3-+gx_)
02. Written Explanation Why Service Is Proposed. A statement or prepared testimony
exhibits explaining why the proposed utility service is or will be in the public convenienceand
and necessity.
03. Proposed Operations. A full description of the proposed location, route or routes of
the utility service, including a description of the manner of construction, and the names of all
public utilities, corporations, or persons with whom the proposed new utility is likely to compete.
(7-t-e3)
04. Maps. A map of suitable scale showing the location of the utility service and its
relation to other public utilities in the area that offer or provide similar utility service. (7-l-93)
05. Financing of Construction. A statement of the manner in which the applicant
proposes to finance new utility service construction, the time when the applicant proposes to
begin construction and the time when the applicant proposes to begin service.
06. Cost of Service. Estimates of the cost of extending to and the annual cost of serving
the territory for which the certificate is sought, of the number of service connections already
made or to be made, of the annual revenue from them or expected annual revenue from them,
and ofanticipated rates and charges.
07. Financial Statement. A financial statement of the applicant.
(7-r-e3)
(7-r-e3)
(7-r-e3)
(s-8-0e)
(s-8-0e)
the name and business address of the
the state
(BREAK IN CONTINUITY OF SECTIONS)
II4, APPLICATION FOR NEW COMPETITIVE LOCAL EXCHANGE CARRIER
(CLEC) - FORM AND CONTENT (RULE 114).
The Commission issues Certificates of Public Convenience and Necessity to competitive local
exchange carriers (CLECs) seeking to provide local exchange services in Idaho. The
Commission uses the certification process to register and review applications to provide local
telecommunications services. See Commission Order No. 26665 issued November 7, 1996. Each
CLEC application shall include the following information:
01. Name, Address and Form of Business.
a. If the applicant is the sole proprietor, provide
applicant and the business name of the sole proprietorship.
b. If the applicant is a partnership, provide a list of the names
all the partners, and the business name of the partnership.
(s-8-oe)
and business addresses of
(s-8-0e)
c. If the applicant is a corporation or limited liability company (LLC), alons with the
entity's name (and dba. if any). provide, if applicable: (5{-09[_)
i. A short statement of the character of public service in which it is engaged; (5-8-09)
in which it is incorporated
or organized; (5-8-09L-)
iii. Its principal business address and its principal address within Idaho; (5-8-09)
iv. A certified copy of its articles of incorporation or its certificate of oreanization if an
LLC;(#)L-_J
v. The names and addresses of the officers and directors or members of applicant;
(*o9(_)
vi. The names and addresses of subsidiaries owned or controlled by applicant; (5-8-09)
vii. If not incorporated or organized in Idaho, a certificate of authority from the Idaho
Secretary of State. a certificate of good standing issued by the appUeable secretary of state in the
state it is incorporated or organized, and the name and address of its registered agent for service
in Idaho; and (*eex_)
viii. The name and address of any corporation, association, or similar organization
holding a five percent (5%) or greater ownership or a managerial interest in the applicant, and
indicate the amount and character of the ownership interest. Include a copy of any management
agreement with the application.(s-8-0e)
(s-8-0e)02. Services and Territory. The application shall include:
a. A written description of customer classes and customer services that the applicant
proposes to offer to the public. The application shall indicate the date on which the applicant
proposes to begin construction or anticipates it will begin to provide service in Idaho. (5-8-09)
b. A description sufficient for determining whether service is to be offered in a particular
location and the names of incumbent local exchange corporations (ILECs) with whom the
proposed utility is likely to compete. The application shall include a description of the intended
manner of service, e.g., resold services or facilities-based services; and a general description of
the property owned or controlled by applicant.(s-8-0e)
c. A map of reasonable size and detail showing where the applicant is proposing to
provide service including exchanges (ifdifferent from existing exchanges), rural zones, and local
calling areas. If the service area is identical to an incumbent LEC's service area, then applicant
may refer to the incumbent's service area.(s-8-0e)
(s-8-0e)
a. The application shall provide the current detailed balance sheets, including a detailed
income and profit and loss statements of applicant reflecting current and prior year balance for
the twelve (12) months ending as of the date of the balance sheet, or if not readily available, for
the period since the close of the preceding calendar year. If a balance sheet and income statement
are not available, the applicant shall submit financial data sufficient to establish it possesses
03. Financial Information.
adequate financial resources to provide the proposed services.(s-8-0e)
b. The application shall include the latest annual report, if any.(s-8-0e)
04. Tariffs and Price Lists. The application shall include proposed initial tariffs or price
sheets setting forth rates, rules, terms, and regulations applicable to the contemplated service.
Initial tariffs and price lists filings shall be in an electronic form as well as paper. The tariffs and
price lists in electronic format will be in computer searchable Adobe Acrobat (PDF), or
submitted on a CD-ROM or other format as prescribed by the Commission Secretary. (5-8-09)
05. Tariff and Customer Contact. The application shall include the name, address, and
telephone number for those persons responsible for tariff and price list questions, as well as
customer complaints and inquiries. The application shall state the toll-free telephone number for
customer inquiries and complaints.(5-8-0e)
06. Interconnection Agreements. The application shall state whether the applicant has
initiated interconnection negotiations and, if so, when and with whom. Include copies of any
interconnection contracts which have been completed for the provision of telecommunication
servlces.(s-8-0e)
07. Compliance with Commission Rules. The application shall contain a written
statement that the applicant has reviewed all of the Commission's rules and agrees to comply
with them, or include a request for waiver of those rules believed to be inapplicable. (5-8-09)
08. Conserryation of Telephone Numbers. The application shall contain a written
statement acknowledging that non-paging telecommunications carriers with telephone
numbering resources in Idaho shall be subject to numbering conservation measures including
mandatory one thousand (1,000) block pooling. See Commission Order No. 30425. All CLECs
shall evaluate their numbering resources and donate to the numbering resource pool unused one
thousand (1,000) number blocks and one thousand (1,000) number blocks that have fewer than
ten percent (10%) of the telephone numbers assigned. Applicable carriers shall also file the
necessary utilization reports with NeuStar and semi-annual report their number resource
utilization/forecast (NRUF) data at the one thousand (1,000) block level for each rate center
within their service territory. The Federal Communications Commission has appointed NeuStar
to manage the assignment and conservation of telephone area codes and telephone numbers in
North America,
(BREAK IN CONTINUITY OF SECTIONS)
(s-8-0e)
t2t.FORM AND CONTENTS OF APPLICATION TO CHANGE RATES (RULE 121).
01. Utitify 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-t -rt)
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 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
(7-r-e3)
of the proposed
(7-r-e3)
c. If the application is subject to Rule 122, a statement showing how and when the
application has been or will be brought to the attention of affected customers and a copy of the
press release and customer notice required by Rule 125. (44-ll)(-)
d. A statement that the applicant stands ready for immediate consideration of the
changes in numbers or wording.
b. If the application is subject to Rule 122, a complete justification
increase in the form of testimony and exhibits or a narrative exposition.
(7-1-e3)
and exhibits showing financial
(7 -1-e3)
f. Workpapers or documentation showing how test year data were adjusted. (7-l-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-r-e3)
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
application.
e. If the application is subject to Rule 122, testimony
statements, cost of capital and appropriate cost of service studies.
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 on file and will be
supplied on request.(4-s-00)
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 an application under Rule 65.
(7-r-e3)
(BREAK IN CONTINUITY OF SECTIONS)
125. NOTICES TO CUSTOMERS OF PROPOSED CHANGES IN RATES (RULE 125).
01. Customer Notice of a Change in Rates.(4-7-tt)
a. 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.
(4-7 -rt)
(4-7-tr)
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 at www.puc.idaho.gov.(4-7-+1{____]
d. The customer notice shall inform customers that written comments regarding the
utility's application may be filed with the Commission. It shall also inform customers that they
about the case.()
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. Other
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 being approved by the Commission.(4-7-tt)
03. Timely Distribution of Customer Notices. The customer notices referred to in
Subsection 125.01may be mailed separately to customers or included in the customer's resular
bill as 4 bill stuffer
. At the customer's option. the customer notice may be
provided electronically. he information required by this
rule is to be clearly identified, easily understood, and pertain only to the proposed rate change.
Distribution of customer notices shall commence when the utility files its application or as soon
as possible thereafter.(*eq(_l
04. Press Release. In instances coveredby Subsection 125.01, the utility shall also send a
press release containing, at minimum, the same information presented in the customer notices to
all newspapers, radio, and television stations listed on the Commission's news organization list
for that utility. The press releases shall be mailed or delivered simultaneously with filing of the
application (5-8-09)
05. Filing of a Press Release and Customer Notice. A copy of the press release and
customer notice shall be filed with the application. (5-8-09)
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 retuming an
application for incompleteness.(s-8-0e)
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules): 3l-0101-1301
(OAR will assign docket number to Negotiated, Proposed and Temporary rulemakings.)
IDAPA, Title, and Chapter Number and Chapter Name :
31.01.01 - Rules of Procedure
Agency:Idaho Public Iitilities 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 X Temporary/Proposed Rulemaking
Temporary Rulemaking _ Effective Date of Temporary 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 Will Become Effective:
Amendment to Temporary Rule _
Correction to Pending Rule _
Rescission of Temporary 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 ($f 0,000) 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 specifo.
No.
Does this rulemaking incorporate by reference other documents?
Specifu an exact description ofdocument(s) incorporated by reference.
Existing Rules l9 and 43 incorporate State Bar Rule 227, elimrnating the words "Limited
Admission."
HAVE YOU. . .
X l. Had your legal counsel review your rulemaking?X 2. Received Director, Board or Commission approval for the rulemaking?
HAVE YOU INCLUDED . . .X L An approved Proposed/Temporary Administrative Rules Form (PARF)?X 2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
3. An 8 ll2by I I hard copy of the Notice and the complete text of the rule changes?