20190820Staff Track Changes Recommendations Rule Small Water Company Policies.pdf

Section 000 Page 1 Barratt 4-19-19
IDAPA 31
TITLE 36
CHAPTER 01

31.36.01 – POLICIES AND PRESUMPTIONS FOR SMALL WATER COMPANIES

000. LEGAL AUTHORITY (RULE 0).
These rules are adopted under the general legal authority of the Public Utilities Law, chapters 1 through 7, Title 61,
Idaho Code, and the specific authority of Sections 61-301, 61-302, 61-303, 61-315, 61-501, 61-502, 61-503, 61-507,
61-508, 61-515, 61-520, and 61-523, Idaho Code, with regard to valuation and service. (7-1-93)

001. TITLE AND SCOPE (RULE 1).
The name of this chapter is “Policies and Presumptions for Small Water Companies.” This chapter has the following
scope: All small water companies created or certified after the effective date of these rules (November 1, 1987) are
subject to the policies and presumptions of these rules. (7-1-93)

002. WRITTEN INTERPRETATIONS OR GUIDELINES (RULE 2).
For rulemakings conducted before July 1, 1993, written interpretations to these rules in the form of explanatory
comments accompanying the order of proposed rulemaking and review of comments submitted in the order adopting
these rules are maintained in the files of the Secretary of the Idaho Public Utilities Commission and are available from
the office of the Commission Secretary. The Commission Secretary may be contacted in writing at the Idaho Public
Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074, or may be reached by telephone at [phone].
For rulemakings conducted after July 1, 1993, written interpretations to these rules in the form of explanatory
comments accompanying the notice of proposed rulemaking that originally proposed the rules and review of comments
submitted in the rulemaking decision adopting these rules are published in the issues of the Idaho Administrative
Bulletin proposing or adopting the rules. (7-1-93)

003. ADMINISTRATIVE APPEALS (RULE 3).
There are no administrative appeals under these rules because they are not procedural rules. If an issue should arise
calling for a proceeding to apply these rules, that proceeding would be conducted under the Commission’s Rules of
Procedure, IDAPA 31.01.01.000 et seq. (7-1-93)

004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
All correspondence with regard to these rules is a public record subject to inspection, examination and copying.
(7-1-93)

005. DEFINITIONS (RULE 5).
As used in these rules, water utility, water company, or water corporation means a “water corporation” as defined by
statute in Chapter 1, Title 61, Idaho Code, and orders of the Idaho Public Utilities Commission and decisions of the
Supreme Court of Idaho construing those statutes. (7-1-93)

006. CITATION (RULE 6).
The official citation of these rules is IDAPA 31.36.01.000 et seq. For example, this rule is cited as IDAPA
31.36.01.006. In documents submitted to the Commission or issued by the Commission, however, these rules may be
cited by their short title of Small Water Company Policies (SWCP) and the parenthetical rule number. For example,
this rule may be cited as SWCP 6. (7-1-93)

007. EFFECTIVE DATE – HISTORY OF RULES (RULE 7).
The Commission originally adopted these rules by General Order 174, effective November 1, 1987. They were most
recently codified at IDAPA 31.F. They were readopted and reformatted by rulemaking decision in Docket Number
16-3601-9301, effective July 1, 1993. The history of rulemaking proceedings preceding the initiation of the publishing
of the Idaho Administrative Bulletin and the Idaho Administrative Code is available from the Commission Secretary.

Section 000 Page 2 Barratt 4-19-19
(7-1-93)

008. -- 100. (RESERVED)

POLICIES AND PRESUMPTIONS
FOR SMALL WATER COMPANIES
RULES 101 THROUGH 200

101. SMALL WATER COMPANIES DEFINED (RULE 101).
Small water companies are water corporations as defined by the Public Utilities Law that: (7-1-93)

01. Gross Revenue. Have or anticipate not more than fifty thousand dollars ($50,000) annual gross
revenues from water operations, or (7-1-93)

02. Customer Base. Provide service to fewer than three hundred (300) customers or propose initially
to provide service to fewer than three hundred (300) customers. (7-1-93)

102. CONSIDERATION OF ALTERNATIVE SERVICE (RULE 102).
The Commission may deny certificates for proposed new small water companies when it is shown that there is no
need for the service or that another company (whether municipal, cooperative, or investor-owned) is willing and able
to provide similar or better service. The Commission may deny certificates for proposed new small water companies
whose creation or expansion is in violation of ordinance or resolution of cities, counties, or other local units of
government or subdivisions of the state. (7-1-93)

103 102. PRESUMPTION OF CONTRIBUTED CAPITAL (RULE 103).
In issuing certificates for a small water company or in setting rates for a small water company, it will be presumed
that the capital investment in plant associated with the system is contributed capital, i.e., that this capital investment
will be excluded from rate base. (7-1-93)

104. -- 999. (RESERVED)