20130624Decision Memo.pdf

DECISION MtrMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
COMMISSION STATF
F-uoM:DON HOWELL
DDPUTY ATTORNEY GA,NERAL RUL- u -13 -o \
DATE: JUNE 20,2013
SUBJECT: STAFF RECOMMENDATIONS TO AMEND THE COMMISSION,S
RULES OF PROCEDURtr, APA DOCKET NO. 3r-0101-1301
hr this Decision Memorandum, StatT is recommending that the Commission consider
amending several of its Rules of Procedure, IDAPA 31,01.01. The reasons for the proposed
chauges can be broken into several categories: (l) provide an effrcient means of allowing the
Comnrission's fiscal officer to update the list of utility companies no longer operating in Idaho;
(2) irnprove the clarity of some rules; and (3) make other housekeeping changes.
To facilitate your review, the reasons for the changes to the Cornmission's rules are
discussed before each proposed change in chrrcnological order below. Staff recommends that the
Comrnission initiate a negotiated rulemaking and conduct a public workshop on the proposed
changes, The "legislalive" version ofthe proposed changes are also attached.
THE PROPOSED RULE CHANGES
Rule 18. Staff recommends that the Conrmission amend this rule to make it easier for
the Commission's hscal officer to update the list of t*ilities and railroads required to pay the
annual regulatory assessments. Over the last several years malry teleconrmunications companies
register with the Comnrission to conduct in bursiness in Idaho and subseqnently depart without
advising the Commission of their departure. Although Cornmission Staff attenlpts to update its
records periodically, oftentimes these companies fail to notify the Comnrission of their current
status and do not respond to inquiries. Consequently, the ploposed change would allow the
fiscal officer to adnrinishatively update the records for those utilities and railroads no longer
operating in Idaho and avoid mailing annual revenue packets and assessment letters to them.
DECISION MEMORANDUM
0r8. Pd,YMENT OF FEES AND REMTTTANCES (RUrE 18).
01, Pavmcnts. Fees and remittances to the Comrnission must be paid by
money order, bank draft or check payable to "Idaho Public Utilities
Commission," Remittances in cuilency or coin are wholly at the risk of the
rcnritter, and the Commission assurnes no responsibility for their loss. (7-1-93)
02, Annual Reeulatory Fees. Utilitigs and railroads shall pav tl.reir
annual special regtrlatorJ fees as required by Chapter 10. Title 6l_and Section
62-611. Idaho Code. _ Utilities and railroads that fail to pay their spgcial
regulatory fees. are no longer conducting brFingss in Idaho. and fail to-
maintain a dgsignated agent fol service with the Cornmission Secretary (Rule
16.03) may be adnrinistratively rerloJed fiorn the list of utilities and railroads
subject to lhe annual regulatory fe.e-.()
R.UlE*l-9. This change is a housekeeping measure to update the title of the Idaho State
Bar Commission's Rule 227 which is adopted by the Conrmission in its Rule 43, IDAPA
3 r.01.01.043.
019. INCORI'ORATED BY RX,FERENCE IDAHO BAR
COMMISSION RULE (RULE l9).
Rule 43 incorporates by reference Idaho Bal Comrnission Rule 227 (timi*ed
Adnilssio#Pro Hac Vice Admission). Bar Rule 227 is promulgated by the
Idaho State Bar and adopted by order of the Idaho Supreme Court. Bar Rule
227 may be obtained frorn the Idaho State Bar, PO Box 895, Boise, ID 83701,
or online at http://www.isb.idaho,gov. Bar Itule 227 is also available for
inspection and copying at the Idaho State Law Library or at the offices of the
Idaho Public Utilities Comnrission.e-7-+D(__J
BuLe_39. Staff is recommending that Rule 39 be updated by dividing the existing rule
into sntrsectiorrs and adcling a llew subsection regarcling "public involvement," Persons
interested in receiving periodic updatcs (e.g., e-mail, Twitter, etc.) for PUC cases, press releases,
and other documents may subscribe to the Conrmission's RSS feed located either on the
Commission's updated home page or at the sulnmaly page of a specific case. Currently the
2DECISION MEMOITANDUM
Comnrission's RSS feed only allows an interested person to receive e-urail updates for an entire
group of utility cases (e.g., electric, gas, watet, etc.) and not individual cases. This new
subsection 03 would advise irrtetested persons they could use the RSS feed to track individual
cases instead of an entire group of cases (e.g., allelectric cases vs. a specific Avista case).
039. PERSONS PIRSONS NOT PARTIES INTERESTED
ptrRSONS PUBLIC INVOLVEMENT (RULE 39).
0t Persons and Person Not Parties. The term "person" includes natural
persons, parlnerships, corporations, associations, municipalities, government
entities and subdivisious, and any other entity authorized by law to participate
in adrninistrative proceedings. Persons other than the persons nanred in Rules
32 tlu'ough 37 are not parties for the purpose of any statule or rule addressing
rights or obligations of parties.(04-s-00)
02, Interestcd l'aJ'tig$. Interested persons for purposes of the
Commission Secretary's service of notice under Rules ll3, 123, and 202 are
municipalities, counties, and chambers of commerce in the area affected by a
proceeding and persons who were parties in any proceeding of a similar kind
involving the same utility or regttlate*etrrkx rqilfqad in the preceding tluee
(3) years. This rule defines interested persorls for ptuposes of Rules 113,123,
and202, but not for purposes of Section 6l-626,Idaho Code. (4€40)(_-)
03. Public Involvemcnt. Persons interested in receiving periodic updates
about filings rnAde in certain groups of cases. in individual cases. or the
issuange of press releases. otders and notig_e-$ may subscribed Jo the
Commission's Rich .Site Summary (RSSLI_egd located on the_Commission's
horne page at: rvrvw,puc,idaho.gov. Subsc{iption to general info..rmation rvill
be available at the home page at "Keep Me Up.dated" and case sp_e-cific
su.bscription will be available at each case sumrnafy_p3ge. The Commission's
honre page also c.ontains links to other utility or cornnrission topics. ( )
Rule_43_. This rule is updated to reflect the citation changes to Bar Rule 227.
043. REPRESENTATTON OF PARTTES (RULE 43).
DECISION MEMORANDUM
Proceedings before tlte Comnrission arc sometimes administrative in nature or
quasi-judicial in natute. Cuidelitres for the representation of parties are
outlined below.(Hl)( )
01. Administrative Proceedings. Administrative proceedings before the
Cornmission include matters such as the filing of tariff schedules, tariff
advices, price lists, certificates to provide local exchange serice,
interconnection agreernents, nrlemaking, written comrnents in rnodified
procedure, or written comments provided at a customer hearing. These filings
may be made by a natuml pel'son pro se, a partner in a partnership, an
employee or officer of a corporation, or a licensed attorney.(4-7-fi)
02. Quasi-Judicial Proceedings. The representation of parties at quasi-
judicial proceedings for the purpose of adjudicating the legal rights or duties
of aparty is restricted as set out belolv. Quasi-judicial proceedings before the
Comnrission include mattels such as formal conrplaints, petitions, motions,
applications lor rnodified procedure ol' technical/evidentiary hearings.
Representation of parties of these types of proceedings shall be as follows: (4-7-ll)
a. A natural person may represent himself or herself or be represented by a
Iicensed attorney. (4-7-ll)
b. A partnership or corporation shall be represented by a licensed attorney.
(4-7- 1 1)
c. A rnunicipal corporation; a state, federal, tribal, or local govenrment
agency; an unincorporated association; a non-profit organization, or other
entity shall be represented by a licensed attomey,(4-7-l l)
03. Attorney Represcntation. Orrly an active nrember of the Idaho State
Bar may represent a party as an attorney except as provided by Idaho Bar
Commission Rule 227 (timite*,Adrnissie#Pro Hac Vice Adrrissibn). I'he
Cornmission adopts by incorporation Bar llule227 as modified below. g4-+1X )
a. Limited admission by out-of-state attorneys will not be necessary in
conjunction with adrninistrative proceedings. Out-of-state attorneys
representing the same party in one (l) or more quasi-judicial proceedings
must request lirnited adrnission at least one (l) time per calendar year.
DECISION MI]MOITANDUM
(4-7-fi)
b. An attorney applying for limited adntission to appear before the
Conrnrission in a representative capacity shall file a written motion with the
Cornrnission Secretary and serve a copy on all parties. The rnotion shall be
strbstantially in the form set out in Bar Rule 227(+D with references to the
Cornrnission instead of the court.(44++X_)
c, A copy of the rvritten motion shall be submitted to the ldaho State tsat
accompanied by the fee prescribed in Bar Rule 227(|).(Hl)( )
Rules 111 and 114. Staff recommends that subsections 01 of Rules lll and 114 be
updated to reflect that utilities may operate as limited liability companies (LLCs).
111. FORM AND CONTDNTS -- NEW UTILITY (RULE 111).
Applicants for the issuance of a certificate of convenience and necessity for a
new utility under Section 6l-526,Idaho Code, or Commission order, must
submit the data required by this rule (where relcvant) with theit applications. (a-5-00)
(7-r-e3)
(7-t-e3)
(if available) of the
(4-s-00)
ii, I'he business name (includittg "doitig business as" (dba)) of the sole
proprietorship. (3-16-04)
(7-l-e3)
electronic addresses (if
ii. The business narne (including dba) of the parhrership.
(4-s-00)
(3-l 6-04)
c. If the applicant is a corporation or lirnited liability company (LLC): €*f-99(-)
i. A short statement of the character of ptrblic service irr which it may
engage;(7-t-e3)
ii. The name of the eorperatien entity (including dba) and the state in
which it is incorporated or organized;
0I. Nanre, Addrcss and Form of Business,
a. If the applicant is a sole proprietor:
i. ]'he name, business address, and electronic address
applicant; and
b. If the applicant is a partnership:
i. A list of the names, business addlesses, and
available) of all the partners; and
DECTSION MEMORANDUM
(3-+#4)L )
iii. Its principal business address, its principal business address within
Idaho, and electronic address (if available);(4-5-00)
iv. A certified copy of its articles of incorporation ol__it$.. -cgrtificate of
organization if an I.l-C; and 6H43)( )
v. If not incorporatcd or_oreAlrized in Idaho, a certificatc of authgrity frorn
the Idaho Secretary of_ $tate. a certificate of good standirrg issued by the
Sgecretary of Sgtate of ld*he the state in which it is irrSp_tpggled_A1-atgagzgd,
and the name and address of its registered agent for service in ldaho. (3+99( )
02. Written Explanation Why Servicc Is I'roposed. A staternent or
prepared testirnony and exhibits explaining why the proposed utility sen,ice is
or rvill be in the public convenience and necessity.(7-r -e3)
03, Proposed Operations, A filll 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
rvith whorn the proposed new utility is likely to conrpete.(7-r-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
sirnilar utility service.(7-t-e3)
05. Financing of Construction. A stat€ment of the manner in which the
applicant proposes to finance new utility service construction, the tinre when
the applicant proposes to begin constmction and the time when the applicant
proposes to begin service.(7-t-93\
06. Cost of Service. Estimates of the cost of extending to and the annual
cost of seruing the territory for which the certificate is sought, of the number
of service connections already made or to be made, of the armual revenue
fi'om them or expected annual levenue fi'om them, and of anticipated rales and
charges. (7-l-93)
07. Financial Statenrent. A finarrcial statement of the applicant. (7- I -93)
114. APPLICATION FOR NEW COMPETITIVD LOCAL EXCHANGE
cARRrBn (CLBC) - FORM AND CONTENT (RULE il4).
DECISION MEMORANDUM
The Cornmission issues Certificates of Public Convenience and Necessity to
competitive local exchange carriers (CLECs) seeking to provide local
exchange services in ldaho. The Comrnission uses the certification process to
register and review applications to provide locaI telecommunications services.
See Commission Order No. 26665 issued Noverrrber 7, 1996. Each CLEC
application shall include the following information:
01. Narne, Aclclress and Form of Busirress.
(s-8-oe)
(s-8-0e)
a. If the applicant is the sole proprietor, provide the name and business
address of the applicant and the business name of the sole proprietorship. (5-8-09)
b. If the applicant is a partnership, provide a list of the names and business
addresses of all the partners, and the business name of the pa$nership. (5-8-09)
c. If the applicant is a corporation pr limited liability cg_mpany (LLC),
along witLlhe entity's name (and dba, if any). provide-!fupplisab!s:(5-8-09(-)
i. A short statement of the character of public service in which it is
engaged;(5-8-oe)
incorporated or orqanized;(#49L__J
iii. Its principal business address and its principal address rvithin Idaho; (5-8-09)
iv. A certified copy of its articles of incorporation or its certificate o.l
qrganization if an LLC;(s-&09L__J
v. The names and addresses of the officers and directorc or me$bers of
applicant; ($&O+)t_*l
vi. The names and addresses of surbsidiaries owned or controlled by
applicant; (5-8-09)
vii. If not incorporated qr.organized in ldaho, a certificate of atrthority
fi'om the Idaho Secretary of S-t-ate, a certificate of good standing issued by the
secretary of state in the state it is incorrcorated or oreanized, and the
name and addrcss of its registered agent for service in ldaho; and (5-8-09)( . )
viii. 'Ihe nanre ancl addrrss of any corpdration, associatiorr, or similar
organization holding a five percent (5%) or greater ownership or a managerial
interest in tlre applicant, and indicate the antount and character of the
DECISION MEMORANDUM
ownel'ship interest. Include a copy of any managenrent
application.
agreement with the
02. Seryices ancl Territory. The application shall incltrde:
(s-8-0e)
(s-8-oe)
a. A written dcscription of custonrer 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.(s-8-0e)
b. A description sufficient for detennining whether service is to be offered
in a particular location and the names of incumbent local exchange
corporations (lLECs) with whorn the proposed utility is likely to compete. The
application shall include a description of the intended rnanner of service, e.g.,
resold selvices or facilities-based services; and a general description of the
property ovi,ned or controlled by applicant.(s-8-0e)
c, A map of reasonable size and detail showing where the applicant is
proposing to provide service includirrg exchanges (if different from existing
exchanges), rural zones, and local calling areas. Ifthe service area is identical
to an incumbent LEC's service area, then applicant
incurubent's service area.
03. Financial Informafion.
may refer to the
(s-8-0e)
(s-8-0e)
a. The application shall provide the current detailed balance sheets,
including a detailed income and profit and loss staternents of applicant
reflecting current and prior year balancc for the trvelve (12) rnonths ending as
of the date of the balance sheet, or if not readily available, for the period since
the close of the preccding calendar year. If a balance sheet and income
statement are not available, the applicant shall subnrit financial data sufficient
to establish it possesses adequate financial resources to provide the proposed
services. (5-8-09)
b. 'l'he application shall include the latest annual report, if any. (5-8-09)
04. Tariffs and Price Lists. The application shall include proposed initial
tariffs or price sheets setting forth rates, rules, ternrs, and regulations
applicable to the contemplated service, Initial tariffs and price lists filings
DECISION MEMORANDUM
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 forrnat as prescribed by the Commission
Secretary.(s-8-0e)
05. Tariff and Customer Contnct. The application shall include the
name, address, and telephone number for those persons responsible for tariff
and price li.st questions, as well as customer complaints and inquiries. The
application shall state the toll-fi'ee telephone number for customer inquiries
and cornplaints.(s-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
conrpleted for the provision of teleconrmunication services.(s-8-0e)
07. Complinnce rvith Commission Rules. The application shall contairr a
written statement that the applicant has reviewed all of the Comnrission's
rules and agrces to cornply with them, or include a request for waiver of those
rules believed to be inapplicable.(s-8-0e)
08, Conservation of Telephone Numbers. The application shall contain a
written statement acknowledging that non-paging teleconrmunications carriers
with telephone numbering rcsources in Idaho shall be subject to numbering
conservation rneasul'es including nrandatory one thousand (1,000) block
pooling. See Comrnission Order No. 30425. All CLECs shall evaluate their
nnrnbering fesources and donate to the numbering resource pool unused one
thousand (1,000) nutnber blocks and one thousand (1,000) nunrber blocks that
have fewer than ten percent (10%) of the telephone numbers assigned.
Applicable carriers shall also file thc necessary utilization reports with
NeuStar and semi-antrttal report their number resource utilization/forecast
(NRUF) data at the one thousand (1,000) block level for each rate cellter
withirr their service territory. The Federal Comnrunications Commission has
appoitrted NeuStar to manage the assignment and conservation of telephone
area codes and telephone nunrberc in North America.
9DECISION MEMORANDUM
(s-8-0e)
Rule I 2 L Consumer Staff recommends a mirror change to subsection 0l .c to this rule
requiring utilities to include in their applications to clrange rates not only "ho#'but "when" an
application to change rates has been brought to the attention of affected customers.
I2I. FORM AND CONTENTS OF APPLICATION I'O CHANGE
nATES (RULE r21).
01, Utility Applications to Changc Ilates. Applications by any public
utility strbject to Title 61, ldaho Cocle, to incrcase, decrease or change any
rate, fare, toll, rental or chatge or any classification, contracl, pmctice, rule or
regulation resulting in any such increase, decrease or change must include the
following data:(4-7-1 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 uniforrn amonnt rnay be nrade by filing a
tarifflisting the proposed change and all nnchanged rates and charges or rates
and charges not changed by a uniform percentage or a turiform amount, or by
use of another designation previously approved by the Commission that
clearly calls attention to all proposed changes in nurubels or wording. (7-l -93)
b. If the application is subject to Rule 722, a cornplete justification of the
proposed increase in the forrn of testimony and exhibits or a namative
exposition. (7-1-93)
c. If the application is subject to Rule 122, a statement showing how and
WbCU the application has been brought lo the attention of affected customerc
and a copy ofthe press release and custonrer notice required by Rule 125.
(4+1)t_ __" )
tI. A staternent that the applicant stands ready for irnmediate consideration
of tlre application, (7-l-93)
c. If the application is subject to Rule I22, testimony and exhibits showing
financial statements, cost of capital and approptiate cost of sewice studies.
DECISION MEMOTL\NDUM i0
(7-1-e3)
f. Workpapers or docutnentation showing how test year data were
adjusted.(7-t-e3)
g. If the applicant provides utility service in states other than Idaho or
utility service subject to federal regulation, a jurisdictional separation of all
investmcnts, r'evenues and expenses allocated or assigned in whole or in part
to Idaho intmstate utility business regulated by this Commissiorr showing
allocations or assignments to Idaho.(7-1-e3)
02. Proposals Basecl upon Computer Modeling. In addition, in any
application in which a cornputer model is nsed to represent or simulate
processes from which the revenue requirement is derived or upon which
allocations of the revenue rcquirement to different ctrstomer classes are based,
conrplete docurnentation of all thosc computer rnodels must be supplied to the
Staff, upon request, and be available in the utility's office or other depository.
The Staff rnay rcquest that the cornputer rnodel itself be provided. A computer
model includes the rcpresenlation or simulation of a plocess, but does not
mean ot include tlte cornpilation of actual data. The application must state that
the documentation of the models already on file in the applicant's office or
other depository ftrlly describes the models or that necessary updates or
additions to prcvious documentation that will fully describe the nrodels is on
file and will be supplied on request.
03. Grountls for Returning or
conrply with Rule l2l.0l and 121,02
dismiss an application under Rule 65.
(4-s-00)
Disrnissing Application. Failurc to
of this rule is gronnds to return or
(7-1-93)
Rule I25. Staff recornmends that subsection 03 of the rule be updated to improve the
clality and readability of this rule. The purpose of updating this subsection is to clarifu that
utilities may provide individual custorner notices in separate mailings or by adding a bill stuffer
in the customer's regulal bill,
I25. NOTICES TO CUSTOMDRS OT PROPOSED CHANGES IN
RATES (RULE r2s).
01. Customer Noticc of a Change in Rates.
ltDECISION ME,MORANDUM
(4-7-tr)
a. If a utility is requesting a rate increase, the utility shall issue a customer
notice lo each customer. The customer notice shall include a brief explanation
of the utility's need for additional revenue and the dollar amormt requested.
The notice shall give the proposed overall percentage change fi'om current
rates as well as the proposed percentage increase in revenne for each rnajor
ctrstomer class.(4-7-r r)
b. If the utility is requesting a rate decrease, the utility shall issue a
customer notice to eacl't customer, The customer notice shall include a brief
explanation of the reason for the declease, the overall dollar amount of the
proposed decrease, and the proposed percentage decrease for each major
customer class,(4-7-n)
c. The customer notice shall rnake it clear that the application is a
proposal, subjcct to public rcview and a Commission decision. It shall also
inform customers that a copy of the utility's application is available for public
teview at the offices of both the Comrnission and the utility, and on the
Cornrnission's homepage.(4-7-rr)
02. Timing of Notice for Trackcrs or Annual Cost Adjustments.
Tracker adjustnients occasioned by federal action tlrat result in an increase or
decrease in rates may be brought to the attention of customers in conrpliance
with this nrle after approval by the Commission. Other tracker or annual cost
adjustrnent 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 lhat result in a decrease in rates nray be brought to the
attention of crrstomels in compliance with this rule after being approved by
the Cornmission. (4-7-11)
03. Timelv Distribution of Customer Notices. The customer notices
referred to in Subsection 125.01 rnay be mailed qeparately to custorners of
included in the_gu.storner's regular bill as A bill stuffer#
eustomeFHnenthl1Fbil+. he
information required by this rule is to be clearly identified, easily undetstood,
t2DECISION MEMORANDUM
and pertain only to the proposed rate change. Distri_Lru.tion of customer notices
$h?ll comme-nce when thc utility files its application or as soon'as possible
thereafter.(#4ex_)
04. Press Release. In instances covered by Subsection 125.01, the utility
shall also send a prcss release containing, at nrinimum, the same information
presented in the customer notices to all newspapers, radio, and television
stations listed orr the Conrmission's news organization list for that utility. The
press releases shall be mailed or delivered simultaneously with fiting of the
(s-8-0e)
05. Filing of a Press Release and Customer Notice, A copy of the press
release and customcr notice shall be filed with the application. (5-8-09)
06. Purposes and [ffects of This Rule. Tlie purposes of Subsections
125.01 through 125.05 of this rule are to encourage wide dissernination to
cnstomers of infolmation concerning proposed rate changes for utility
services. It is not a purpose of these subsections to create due process or other
procedural rights in cnstomers by expanding, contracting, or otherwise
nrodifying the notice and clue 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 clainr cognizable by the Comrnission, but
faifure to comply with Subsections 125,01 through 125.05 of this rule can be
grounds for returning an application for incompleteness.(s-8-0e)
STAFII RJ}COMMENDATION
Staff recornmends that the Comnrission issue the appropriate notice to initiate a
negotiated rulernaking workshop and that the proposed changes be distributed to interested
pel'sons prior to the workshop.
DECISION MEMORANDUM 13
COMMISSION DECISION
Does the Cornmission desire to initiate chzurges to its Rules of Procedure outlined
aboye by initiating a negotiated rulemaking proceeding? Does the Commission wish to initially
propose the rule changes set out above or make any changes to the draft rules?
Don Howell
Deputy Attorney General
blVtl:31 -0101 -1301 dh_Dec Merno
$."*
DECISION MEMORANDUM L4
IDAPA 31
TITLE OI
CHAPTER OI
31.01,0I _ RULES OF I'ROCEDURE Otr
THE IDAHO PUBLIC UTILITINS COMMISSION
018. PAYMENT OF FEES AND REMITTANCES (RULID r8).
0I. Paymeuts. Fees and remittances to the Commission must be paid by rnoney order,
bank draft or check payable to "Idaho Public Utilities Commission." Remittances in currency or
coin are wholly at the risk of the rernitter, and the Commission assumes no responsibility for
their loss. (7-l-93)
02, Annual Rceulatory I'ees. Utilities and rail,{pads shall pay theil: annual special
regulatory fees as requir.ed.by Chapter I0. Title 61 and Section 62:61.1. Idaho Code.__Utilities
And raihoads that fail to p-gJ-their special reeul4torly fees. are no lonser conductinq business in
Idaho. and fail to maintain a designated agent fbr serviqe with the Cotqnrission Secretary (Rule
16.01) may be adrninistratively removed fi'orn the list of utilities and railroads subject to lhe
annual regulatory fee.LI
019. INCOIIPORATED BY RETERENCE .- IDAHO BAR COMMISSION RULE
(nuLE 1e).
Rule43incotporatesbyreferenceIdahoBarCommissiorrRu|e227@roHac
Vice Admission). Bar Rule 227 is promulgated by the Idaho State Bar and adopted by order of
the Idalro Supreme Court. Bar Rule 227 may be obtained fi'om 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 Comrnission.(4+-l{)(_-)
(BREAK rN CONTTNUITY OF SECTTONS)
039. PERSONS -- PERSONS NOT PAITTIES .. INTDRESTED PERSONS PUBLIC
Il{voLvEMENT (RULE 3e).
01, Persons ,.+Brl Person Not Parties. The tenn "person" includes natuml persons,
partnerships, corporations, associations, rnunicipalities, goverrunent entities and subdivisions,
and any other entity authorized by law to participate in administrative proceedings. Persons other
than thepersons named in Rules 32 through 37 arc not parties forthe purpose of any statute or
rule addressing rights or obligations of parties.(04-5-00)
02. Interested Barties. Interested pel'sons for purposes of the Commission Secretary's
service of notice under Rules 113, 123,and202 arc ntunicipalities, counties, and chambers of
comnlerce in the area affected by a proceeding and persons who were parties in any proceeding
ofasimilarkindinvolvingthesarneutilityorrcgMiefr:4ilroadintheprecedingthree(3)
years. This rule defines interested pelsons forpurposes of Rules 113,123,and202, but not for
purposes of Section 6l-626,ldaho Code.(4-s)(-_l
03. Public Involvqqr_ent. Persons interested in receivine periodic updates about filingq
made in certain sl'ouos of cases. in individual cases, or the issualce of press releases. ol:ders and
notices may subscribecl to the Cornmissio_r_r_'_l Rich Site SumrnaryJRSS) feed located on the
ComnrissioU's home page.at: lvww.ptlc.idaho.gor,. ._Srtbscripj$on to general information will be
available at- the horne page at "Keep Me Updated" and case spccific subsctiption will be
available at cach case surnmary page. The Commission's home page also _ggntains links to oth-e*r
utility or cg$lq$ion topics are loc ()
(BREAK IN CONTINTJITY OF SECTIONS)
04s. RDPRESENTAI'rON OF PARTTES (RULE 43).
Proceedings before the Comrnission are sornetimes administrative in nature or quasi-judicial irr
nature. Guidelines for thg replesentatig{r of parties are outlined bglow.(4.7{+X___J
0I. Administrative Procccdings. Administrative proceedings before the Cornrnission
include matters such as the filing of tariff schedules, tariff advices, price lists, certificates to
provide local exchangc service, interconnection agreements, rulemaking, written comrnents in
modified procedure, or written comments provided at a custorner hearing. These filings rnay be
nrade by a natural person pro se, a partner in a pafinership, an entployee or officer of a
corporation, or a licensed attomey.(4-7-n)
02, Quasi-Judicial Proceedings. The reprcsentation 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 Cornmission include matters such as formal
complaints, petitions, motions, applications for modified procedurc or technical/evidentiary
hearings. Rcpresentation of parties of these types of ploceedings shall be as follows: (4-7-ll)
a. A natural person may represent himself or herself ot be represented by a licensed
attorney.(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 assoc.iation; a non-profit organization, or other entity shall be represented by a
licensed attorney.(4-7-fi)
03. Attorney Representation. Only an active merrrber of the Idaho State Bar may
rcpresent a party as an attorney except as provided by Idaho Bar Conrmission Rule 227 (Lim+e4
Admissis#Pto Hac Vice Admiss_ion). The Commission adopts by incolporation Bar Rule 227 as
modified below.(4-7-+r{_l
n. Limited admission by out-of-state attorneys will not be necessary in conjunction with
administrative proceedings. Out-of-state attorneys represerrting the same party in one (l) or more
quasi-judicial proceedings rnust request lirnited admission at least one (l) time per calendar year.
(4-7-t1)
b. An attomey applying for limited adnrission to appear before the Comrnission in a
representative capacity shall file a written motion with the Cormnission Secretary and serve a
copy on all parties. The motion shall be substantially in the form set out in Bar Rule 227(*j) wirh
references to the Comnrission instead of the coutt. (+tl)( - )
c, A copy of the written motion shall be submitted to the ldaho State Bar accompanied by
the fee prescribed in Bar Rule 227(fl. (-7-+1)( )
(BREAK iN CONTTNUTTY OF SECTTONS)
I11. FORM AND CONTENTS -- NEW UTILITY (RULE r l l).
Applicants for the issuatrce of a certificate of convenience and necessity for a new utility under
Sectiorr 6l-526,Idaho Code, or Comrnission order, must subnrit the data required by this rule
(where relevant) with their applications.
01. Name, Address and Form of Business.
a, If the applicant is a sole proprietor:
(4-s-00)
(7-t-e3)
(7-t-e3)
(7-r-e3)
i.'fhe name, business address, and electronic address (if available) of the applicant; and
(4-s-00)
ii. The business name (includirrg "doing business as" (dba)) of the sole proprietorship.
If the applicant is a partnership:
(3-16-04)
(7-t-e3)
A list of the llames, bnsiness addresses, and electronic addresses (if available) of all the
paltners; and (4-s-00)
(3-16-04)ii. The business name (including dba) of the partnership.
c. If the applicant is a corporation or Iimited liability company (LLC): €-*43)( )
i. A short statement of the character of public service in which it may engage; (7-l-93)
ii. The name of the eerperatien entity (including dba) and the state in which it is
incorporated or orqlrnized; (3-{6-04X )
iii. Its principal business address, its principal business address within Idaho, and
electronic address (if available); (4-5-00)
iv. A certified copy of its articles of incorporation or its*.gertificate olgrganization_if an
LLC;and €-+-ea(-l
v. If not incorporated or organized in Idaho, a certificate of authority frorn thp Idaho
Secretary of State. a certificate of good starrding issued by the Sgecretary of Sgtate of Idahe the
state in wlrich it is incorporated or glganized. and the name and address of its resistered agent for
service in Idaho.(3J644)(_)
02, Writtcn Explanation Why Service Is Proposed. A staternen[ or prepared testimony
and exhibits explaining why the proposed utility seryice is or will be in the public convenience
and necessity.
b.
i.
03. Proposed Operatious. A full description of the proposed location, route or routes of
the utility service, including a description of the rnanner of construction, and the names of all
public utilities, corpomtions, or persons with whom the proposed new utility is likely to compete.
(7-r-e3)
04. Maps. A map of suitable scale showing the location of the trtility service and its
relation to other public utilities in the area that offer or provide sirnilar utility service. (7-l-93)
05. Financing of Construction. A statenrent of the manner in which the applicant
proposes to finance new utility service constrtrction, the time when the applicant proposes to
begin construction and the titne when the applicarlt ploposes to begin service.(7-t-e3)
06. Cost of Service. Estimates of the cost of extending to and the annual cost of sewing
the territory for which the certificate is sotrght, of the numbel of service connections alrcady
ntade or to be made, of the annual revenue fiom them or expected annual revenue from them,
and of anticipated mtes and charges.
07. Financial Statemcnt. A financial statement of the applicant.
CLEC application shall include the following information:
0I. Narne, Address ancl Form of Business.
(BREAK rN CONTTNUTTY OF SECTTONS)
II4. APPLICATION F'OR NEW COMPETITIVE LOCAL EXCHANGE CARRIDR
(CLEC) - FORM AND CONTENT (RULE 114).
The Cornmission issues Certificates of Public Convenience and Necessity to cornpetitive local
exchange carders (CLECs) seeking to provide Iocal exchatrge services in ldaho. The
Comnrissioll uses the certification process to register and review applications to provide local
teleconrmunications seryices. See Commission Order No. 26665 issued November 7, 1996. Each
(7-r-e3)
(7-t-e3)
(5-8-oe)
(5-8-0e)
a. If the applicant is the sole proprietor, provide the name and business address of the
applicant and the business narne of the sole proprietorship. (5-8-09)
b. tf the applicant is a partnership, provide a list of the names and business addresses of
all the partners, and the business narne of the partnetship, (5-8-09)
c. If the applicant is a corporation or linrited liability company (LLC), along with ths-
entity's name (and dba. if any), provide. if applicable:(*0ex__-J
i. A short statement of the character of public service irr which it is engaged; (5-8-09)
ii. The name of the entity (inglu"ding dba. if any) and the state in which it is incorporated
or organizecl;(#ex )
iii. Its principal business addrcss and its principal address within Idaho;(s-8-0e)
iv. A certified copy of its articles of irrcorporation or its certificate of organization if an
l.LC; (5849X )
v. The names and addresses of the officers and directors or members of applicant;
(+849t-)
vi. The names and addresses of subsidiaries owned or controlled by applicant; (5-8-09)
vii. If not incorporated or or(anized in Idaho, a certificate of authority from lhe_ldaho
Secretary of State. a certificate of good standing issued by the eppti€ftble secretary of state in the
state it is i[corp.o$ted or organizcd, and the name and address of its registercd agent for service
in ldaho; and (*09( )
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 characterof the ownership interest. Include acopy of any management
agreement with the application,
02. Services and Territory. The application shall include:
may refer to the itrcumbent's setvice area.
03. Financial Information.
(s-8-09)
(s-8-oe)
a. A rvritten 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 constmction or anticipates it will begin to plovide setvice in Idaho. (5-8-09)
b. A description sufficicnt for determining whether service is to be offered in a particular
location and the names of incurnbent local exchange corporatious (tt,ECs) with whom the
proposed utility is likely to compete, The application shall include a description of the intended
maru1er of service, e.g., resold services or facilities-based services; and a general description of
the property owned or controlled by applicant.(5-8-0e)
c, A map of reasonable size and detail showing where the applicant is proposing to
provide service including exchanges (ifdifferent fiom existing exchauges), rural zones, and local
calling areas. If the service area is identical to an incumbent LEC's service arca, then applicant
(s-8-0e)
(s-8-oe)
a. The application shall provide the current detailed balance sheets, including a detailed
incorne and profit and loss statements of applicant reflecting current and prior year balance for
tlie twelve (12) months endirrg as of the date of the balance sheet, or if not readily available, fot
the period since the close of the preceding calendar year. lf a balance sheet and income statement
arc not available, the applicant shall subrnit financial data sufficient to establish it possesses
adequate financial resources to provide the proposed services,(5-8-oe)
(s-8-0e)b. The application shall include the latest annual repofi, if any.
04. Tariffs antl Price Lists. 'I'he application shall include proposed initial tariffs or price
sheets setting forth rates, rules, terms, and regulations applicable to the conternplated service.
hitial tariff's and price lists filings shall be in an electronic forru as well as paper. The tariffs and
price lists in electrortic fonnat will be in computer searchable Adobe Acrobat (PDF), or
subntitted on a CD-ROM or other format as prescribed by the Commission Secretary. (5-8-09)
05. Tariff ancl Custorncr Contact, The application shall inc.lude the name, address, and
telephone number for those persons responsible for tariff and price list questions, as rvell as
customer complaints and inquiries. The application shall state the toll-fi'ee telephone number for
customer inquiries and cornplaints.(s-8-0e)
06, Interconnection Agreements. The application shall state whether the applicant has
initiated intercorurection negotiations and, if so, when and with whom. Include copies of any
intcrconnection contracts which have been cornpleted for the provision of telecommunication
services. (5-8-09)
07. Compliarrce rvith Commission Rulcs. The application shall contain a written
statenrent that the applicant has reviewcd all of the Commission's rules and agrees to cornply
with them, or include a request for waiver of those lules believed to be inapplicable, (5-8-09)
08. Conservation of Telephone Nurnbers. The application shall contain a written
statement acknorvledging that non-paging telecommunications cariers with telephone
numbering l'esources in Idaho shall be subject to numbering consewation measutes including
turattdatory one thousand (1,000) block pooling. See Cornmission Order No. 30425, All CLECs
shall evaluate their nurnbering resources and donate to the numbering resoutce pool unused one
thousand (1,000) nurnber 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
trtilization/forecasl (NRUF) data at the one thousand (1,000) block level for each rate center
within their service territory. The Federal Communications Cornrnission has appointed NeuStar
to rnanage the assigrunent and conservation of telephone area codes and
North America.
telephone numbers in
(s-8-0e)
(BREAK IN CONTINUITY OF SECTIONS)
tzt. FORM AND CONTENTS OF APPLICATION TO CHANGE RATES (RULE 12r).
0f. Utility Applications to Change Ratcs. Applications by any public utility subject to
Title 61, Idaho Code, to incrcase, decrease or change any rate, fare, toll, rcntal or charge or any
classification, contract, practice, rule or regulation resulting in any such increase, decrease or
change must include the following data:(4-7-fi)
a. An exhibit shorving in full each proposed change in rates, tolls, rentals, charges, nrles
or regulation by striking over proposed deletions to existing tariffs and underlining proposed
additions or amendrnents to existing tariffs, except applications to increase or decrease all or
ahnost all rates and charges by a uniform percentage or by a uniform amount rnay be made by
filing a tariff listing the proposed change and all unchanged rates and charges or rates and
chargcs not changed by a turiform percentage or a uniform an'lount, or by use of another
designation previously approved by the Cornrnission that clearly calls attention to all proposed
changes in numbers ot wording.(7-1-e3)
b. If the application is subject to Rule 122, a complete justification of the proposed
increase in the forrn of testimony and exhibits or a narrative exposition.('t-r-e3)
c. If the application is subject to Rule 122, a statement showing how and when the
application has beerr brouglrt to the attention of affected customers and a copy of the press
release and customer notice required by Rule 125.
d. A statement that the applicant stands ready
applicatiorr.
(4-7-+{{__-J
for immediate consideration of the
(7-l-e3)
c. If the application is subject to Rule 122, testirnony and exhibits showing financial
statements, cost of capital and appropriate cost of service studies.(7-r -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, l'evenues and expenses
allocated or assigned in whole or in part to Idaho intrastate utility business regulated by this
Comrnission showing allocations or assignments to Idaho, (7-l-93)
02. Proposals Based uport Conrputcr Modeling. In addition, in any application in
which a computer model is used to represent or sirnulate processes from which the revenue
tequirement is derived or upon which allocations of the revenue requirement to different
custorner classes are based, complete documentation of all those computel models must be
supplied to the Staff, upon request, and be avaitable in the utility's office or other depository.
The Staff may reqlrest that the conrputer model itself be provided, A computer model includes
the representation or simulation of a process, but does not rnean or include the compilation of
actual data. The application must state that the documentation of the models alrrady on file in the
applicant's office or other depository fully describes the models or that necessal'y 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 Returrring or Dismissing Application. Failure to comply with Rule
l2l.0l and I2l .02 of this rule is grounds to return or dismiss an application under Rule 65.
(7- l -e3)
(BREAK IN CONTINUITY OF SECTIONS)
125. NOTICES TO CUSTOMERS OF I'ROPOSED CHANGES IN RATBS (RULE I25).
0I. Customer Notice of a Change in llates.(4-7-l r)
a. If a utility is requesting a rate increase, the utility shall issue a customer notice to each
customer. The customcr notice shall include a brief explanation of the utility's need for
additional revenue and the dollar arnount requested. The notice shall give the proposed overall
percentage change fi'om current rates as well as the proposed percentage increase in revenue for
each major custonrer class.(4-7-n)
b. If the utility is tequesting a rate decrease, the utility shall issue a custon'ler notice to
each custorner. The custonler notice shall include a brief explanation of the reason for the
decrease, the overall dollar amount of the proposed decrease, arrd the proposed pel'centage
decrease for each nrajor customer class.(4-7-11)
c. The customer notice shall make it clear that the application is a proposal, subject to
public review and a Comrnission decision. It shall also inform custorners that a copy of the
utility's application is available for public revierv at the offices of both the Commission and the
utility, and on the Comrnission's homepage at wrvw.puc.iclaho.fgy.(4-#DL--J
tl, Tlie customet notice shall infornr custorners that written co&rrueufs_r:ega{ding the
utility's application may be filed with the Commission. It shall also inforrn customers that they
may subsc_ribe to the Commissigrs BSS feed (.Rule.39.03) to receive periodic updates via e-mail
about the case. ( l
02. Timing of Noticc fol Trackers or Annual Cost Adjustnrcnts. Tracker adjustments
occasioned by federal action that resr.rlt in an incrcase or decrease in rates may be brought to the
attention of customers in compliance with this rule after approval by the Comnrission, Other
tracker or annual cost adjustrnent cases that result in an incrcase in rates remain subject to the
requircments of advance notice contained in this rule, Other tracker or annual cost adjustment
cases that result in a decrease in rates rnay be brought to the attention of customers in compliance
with this rule after being approved by the Conrnrission.(4-7-n)
03. Timely Distribution of Custorncr Notices. The customer notices referred to in
Subsection 125,01 rnay be mailed separately to customers or included irr the customer's resular
bill as s bill stuffer
. I+*ddi+iena+-ee@he information
required by this rule is to be clearly identified, easily understood, arrd pertaitr only to the
proposcd rate change. Distribution of customer notices shall cornmerrce when the utility files its
applicAl_ign or as soon as possible thereafter.(*eD( )
04. Press Release. In instances covered by Subsection 125.01, the utility shall also send a
press rclease contairring, at minimunr, the sarne infonnation presented in the customer notices to
all newspapers, radio, and television slations listed on the Conrnrission's news organization list
fbr that utility. The press releases shall be rnailed or delivercd simultaneously with filing of the
application.(s-8-0e)
05. Filing of a Press Rclcnse and Crrstomer Notice. A copy of thc press relcase and
customel'notice shall be filed with the application,(s-8-0e)
06. Purposes and Effects of This Rule. The pluposes of Subsections 125.01 through
125.05 of this rule are lo encourage rvide dissemination to custorners of information concerning
pl'oposed l'ate changes for utility serices. It is not a purpose of these subsections to create due
plocess or other procedural rights in customers by expanding, contracting, or olheiwise
modi$ing the notice and due process riglrts of customers under the Public Utilities Law and the
Contmission's Rules of Procedure, IDAPA 31.01.01. Accordingly, Subsections 125.01 tlrough
125,05 of this rule create no individual proceduml rights in any custonrer for notice that would
give rise to a due plocess or other procedural claim cognizableby the Commission, but failure to
comply with Subsections 125.01 through l25.05 of this rule can be grounds for returning an
appl ication for incompleteness.(s-8-0e)
N;3 l -0 l0 l - I 30 l-Proposcd Rulcs