20190509Proposed Rule.pdf

IDAPA 31 _ IDAHO PABLIC UTILITIES COMMISSION
DOCKET NO. 3 1-0000-1 900
NOTICE OF OMNIBUS RULEMAKING - TEMPORARY AND PROPOSED
RULEMAKING
EFFECTM DATE: The effective date of the temporary rule(s) listed in the descriptive
summary of this notice is June 30,2019.
AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226, Idaho Code, notice is
hereby given that this agency has adopted tanporary rules, and proposed rulemaking procedures
have been initiated. These rules are adopted under the general legal authority of the Public Utilities
Law, Chapters 1 through 7, Title 61, Idaho Code. Chapters 8 through 10, 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; Chapters 12 and 13, Title 62,Idaho Code; and the Public Records
Act, Chapter 1, Title 74,Idaho Code; and the particular authority of Sections 56-904,61-l10, 6l-
lll,6l-129, 61-301 through 6l -309, 61-315, 61-501 through 6l -505, 61-508, 61-510, 6l-512,61-
515 through 6l-517, 6l-520, 6l-523, 6I-524,61-538, 6l-541,61-601 through 6l-607,61-610
through 6l-619,61-621through 6l-626,61-803 through 61-806, 6l-902 through 61-905, 6l-909,
61-1003 through 61-1005, 6l-1007,61-1305, 6l-1306, 6l-1603 through 6l-1607, 6l-1703
through 6l-1709, 62-301 through 62-308,62-424, 62-602 through 62-616A, 62-619,62-622, 62-
622A, 62-1201 through 62-1207, 62-1303, 62-1304, 63-30291, 67-6528, and 74-107(13), Idaho
Code.
PUBLIC HEARING SCHEDULE: Oral comment conceming this rulemaking will be scheduled
in accordance with Section 67-5222,Idaho Code.
DESCRIPTM SUMMARY: The following is the required finding and concise statement of its
supporting reasons for adopting a temporary rule and a nontechnical explanation of the substance
and purpose of the proposed rulemaking:
This ternporary and proposed rulernaking adopts and re-publishes the following existing
and previously approved and codified chapters under IDAPA 31, rules of the ldaho Public Utilities
Commission:
IDAPA 31
a
a
31.01.01, Rules of Procedure of the Idaho Public Utilities Commission
31 .1 1.01. Safetv and Accident Reporting Rules for Utilities Rezulated by
the Idaho Public Utilities Commission
a 31.12.01, Systems of Accounts for Public Utilities Rezulated bv
the Idaho Public Utilities Commission
a 31.21.01. Customer Relations Rules for Gas" Electric and Water
Public Utilities (the Utilitv Customer Relations Rules)
31.26.01. Master-Meterine Rules for Electric Utilities
3l.31.01" Gas Service Rules
31.36.01. Policies and Presumptions for Small Water Companies
3 1 .4 I .01 . Customer Relations Rules for Telephone Comorations Providing Services in Idaho
Subiect to Customer Service Rezulation bv the Idaho Public Utilities Commission (The
Telephone Customer Relations Rules)
31.46.01. Universal Service Fund Rules
a
a
a
a
a
a
a
a
a
a
31.46.02. Rules for Telecommunications Relav Services ORS)
31.51 .01. Operator Service and Pav Telephone Rules
31.61.01. Rules for the Measurement of Stray Current or Voltaee
(Stra), Voltaee Rules)
a 31.71.01 Railroad Clearance Rules
31.71.03. Railroad Safety and Accident Reportine Rules
3 1 .8 I .0 I . Enerey Consumotion Reportine Rules
TEMPORARY RULE JUSTIFICATION: Pursuant to Section(s) 67-5226(l) and 67-5226(2),
Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the
following
reasons:
These temporary rules are necessary to protect the public health, safety, and welfare
of the citizens of Idaho and confer a benefit on its citizens. These previously approved and
codified rules implement the duly enacted laws of the state of Idaho, provide citizens with
the detailed rules and standards for complying with those laws, and assist in the orderly
execution and enforcement of those laws. The expiration of these rules without due
consideration and processes would undermine the public health, safety and welfare of the
citizens of Idaho and deprive them of the benefit intended by these rules. The Idaho Public
Utilities Commission is required to regulate public utilities that provide electric, gas,
telephone, water, and rail service. The utilities typically hold monopoly franchises that
obligate them to serve all members of the public in a defined service territory. These rules
help ensure the utilities safely and reliably serve their customers using just, reasonable, and
nondiscriminatory rates and practices
FEE SUMMARY: This rulernaking does not impose a fee or charge.
FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal
impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year:
This rulemaking is not anticipated to have any fiscal impact on the state general fund because the
FY2020 budget has already been set by the Legislature, and approved by the Governor,
anticipating the existence of the rules and fees being reauthorized by this rulanaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated
rulemaking was not feasible because ofthe need to adopt the rules as temporary, and because these
existing chapters of IDAPA are being re-published and re-authorized. Negotiated rulemaking also
is not feasible because of the need to implanent these rules before they expire; the rules form the
regulatory framework of the laws of this state and have been previously promulgated and reviewed
by the Legislature pursuant to the Idaho Administrative Procedures Act, Chapter 52, Title 67,
Idaho Code; and because engaging in negotiated rulernaking for all previously existing rules will
inhibit the agency from carrying out its ability to serve the citizens of Idaho and to protect their
health, safety, and welfare.
INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code,
incorporated material may be obtained or electronically accessed as provided in the text of the
ternporary and proposed rules attached hereto.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the ternporary and proposed rule,
contact Stephen Goodson at [phone].
Anyone may submit written comments regarding the proposed rulemaking. All written comments
must be directed to the undersigned and must be delivered within twenty-one (21) days after
publication of this Notice in the Idaho Administrative Bulletin. Oral presentation of comments
may be requested pursuant to Section 67-5222(2), Idaho Code, and must be delivered to the
undersigned within fourteen (14) days of the date of publication of this Notice in the Idaho
Administrative Bulletin.
DATED this May 9,2019
Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
472 W . Washington Street
P.O. Box 83720
Boise, ID 83702
[phone] Office
[phone] Fax