20140723Proposed Rule.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.02.01 - PUBLIC RECORDS ACT RULES OF THE
IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. 31-0201-1401 (CHAPTER REPEAL)
NOTICE OF RULEMAKING _ PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(l), Idaho Code, notice is hereby given that
the Idaho Public Utilities Commission has initiated a proposed rulemaking procedure. This
action is authorized pursuant to Sections 9-347 and 61-601 , Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than September 17, 2014.
The hearing site will be accessible to persons with disabilities. Requests for
accommodation must be made not later than five (5) days prior to the hearing, to the
Commission's address below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance
and purpose of the proposed rulemaking:
The Public Utilities Commission is proposing to repeal its Public Records Rules and replace
them with "Public Records Guidelines" as authorized by Section 9-347, Idaho Code. The
Commission's Public Records Guidelines are substantially the same as its existing rules at
IDAPA 31.02.01 and will be updated to reflect recent changes to the Idaho Public Records Law.
The Guidelines will be posted on the Commission's webpage.
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 not conducted because the Commission is repealing its Public Records Rules
and replacing them with Public Records Guidelines.
INCORPORATION BY REFERENCE: N/A
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed repeal, contact
Donald L. Howell, II, Deputy Attorney General, at [phone].
Anyone may submit written
comments must be directed to the
September 24,2014.
DATED tnis !{dayof July 2014.
Idaho Public Utilities Commission
PO Box 83720
Boise,ID 83720-0074
Telephone: [phone]
Facsimile: (208) 334-37 62
comments regarding this proposed
Commission Secretary and must be
rulemaking. All written
delivered on or before
Street address for express delivery:
472W Washington
Boise, Idaho 837 02-5918
mmission Secretary
D F M Hl;l*i*.fl1!;[T:,-,
Administrative Rules Form
lf this is a temporary which imposes a fee or charge, provide justification as described in
ldaho Code 67-5226(21:
N/A
Provide a short the need for this rule:
The PUG proposes to replace its Public Records Act Rules wlth Publlc Records Guldelines as permitted by
Section 9-347,ldaho Code. Converting from rules to agency guidelines willallow the Commission to update its
guidelines with greater ease and less expense.
Revised: May 15,2012
DFM Tracking No. 2014-900-1
Received Date: 51 51201 4
Agency Name:
IDAHO PUBLIC UTILITIES COMMISSION
STARS Agency Code:
900
Title:
Executive Administrator
Statutory Authority for the rule making (ldaho Code, Federal Statute or Regulation):
, Chapter, and Possible Docket (IDAPA) Number:
31-0201-1401 - Public Records Act Rules of the ldaho Public Utilities Commission
This rule is: X Propo""d tr Temporary Effective Date:
After the 2015 Legislature
lf this is a temporary rule:
EI Necessary to protect the public health, safety, or welfarel or
E Compliance with deadlines in amendments to governing taw or federal programs; or
E Conferring a benefit.
PIease explain:
Agency has determined according to ldaho Gode 67-5220(1):
E ttris rule is to be negotiated X Negotiation of this rule is not feasible
lf rule is negotiated:
Agency certifies that the rule E has been or fI
ldaho Code 67-5220(31. (indicate which)
will be negotiated with interested persons as outlined in
rule negotiation is not feasible, the agency has determined:
E] nule is temporary; or E tact< of identifiable representatives of affected interests; or
X Rute is simple in naturel or E Attectea interests are not tikely to reach consensus; or
E otner.
Please explain:
Public Records Guidelines will replace Public Records Rules
Provide a fiscal impact statement for all programs affected. Be sure to reflect both positive and negative impacts
and to include allfund sources including both the General Fund and dedlcated funds:
No fiscal impact. The cost of publication is estimated to be about $150 from the PUG's dedicated fund.
Return via email to: [e-mail]
Provide a short summary of the changes this rule makes:
The PUC intends that its Public Records Guidelines mirror its existing rules but update citations and other
housekeeping changes.
Provide a list of those persons or interest group(s) affected by this rule:
DFM Analyst Gomments:
Commission intends to pursue public records guideline route for informing stakeholders of non-policy
housekeeping type rule changes. This new approach is being considered due to unexpected 124%perpage
publication rate change ($25 to $56) announced by lD- Administration late this fiscal year (March 25).
DFM Analyst Fiscal lmpact Revlew:
Gost savings expected.
DFM Analyst Signature & Date:
Richard C. Budzich 05/06/'14
Gov Special Assistant Signature & Date:
Stephen Goodson May 6, 2014
DFM Administrator Action:
'Q'' lpproved/El eutnorized to Advance Rulemaking Process, DFM to review draft rule prior to publication (See Section 3)
tr NotApproved
DFM Administrator Signature & Date:
Analyst Signature & Date:
EyestrNo
DFM Administrator Signature & Date:
PARF No.2014-900-1
Revised: May 15,2012