20180503Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER AI\DERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM: STEPHEN GOODSON, POLICY ADVISOR
DATE: MAY 3,2019 €1,L-L^- )Q-o/
SUBJECT: NOTICE OF OMNIBUS RULEMAKING - TEMPORARY AND
PROPOSED RULEMAKING FOR IDAPA 31, RULES OF TIIE PUBLIC
UTILITIES COMMISSION
BACKGROUND
ln 1990, the Legislature adopted Idaho Code $ 67-5292 which states in part:
67-5292. EXPIRATION OF ADMINTSTRATTVE RULES. (l)
Notwithstanding any other provision of this chapter to the contrary, every
rule adopted and becoming effective after June 30, 1990, shall
automatically expire on July I of the following year unless the rule is
extended by statute. Extended rules shall then continue to expire annually
on July 1 ofeach succeeding year unless extended by statute in each such
succeeding year.
The Idaho Legislature did not reauthorize all existing administrative rules as they have
done in the past. This requires executive administrative action to ensure existing rules remain in
effect in FY20.
Govemor Little directed the Division of Financial Management (DFM) and all state
agencies with ldaho Administrative Procedure Act (IDAPA) rules to exercise necessary
executive authority to minimize the impact on state agencies, and the public most importantly.
If the Commission does not reauthorize an existing rule, it will expire July 1, 2019 and
would not have to go through legislative review. At the direction of the Commission, Staff has
reviewed all existing rules of the Commission. If any of these rules are adopted they will be re-
publish as both temporary and proposed. Any rule that is re-authorized is subject to legislative
review in January.
IDECISION MEMORANDUM
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STAFF RECOMMENDATION
Staff recommends the following IDAPA rule(s) be re-authoized:
31.01.01. Rules of Procedure of the Idaho Public Utilities Commission
31.11.01. Safety and Accident Reportins Rules for Utilities Rezulated by
the Idaho Public Utilities Commission
31.12.01. Systems of Accounts for Public Utilities Rezulated blz
the Idaho Public Utilities Commission
31.21.01" Customer Relations Rules for Gas. Electric and Water
Public Utilities (the Utilitv Customer Relations Rules)
3 126. 0]-Master- tzl eteri ne &ules for El ectri c Uti l ilies
31.31.01 Gas Service Rules
31 .36.01. Policies and Presumptions for Small Water Companies
31.41.01. Customer Relations Rules for Telephone Corporations Providine Services in
Idahq Subieet to tustalaer SeLVice Rq+ilatjon by the Idaho Pu![c @
Telephone Customer Relations Rules)
31.46.01" Universal Service Fund Rules
31.46.02. Rules for Telecommunications Relay Services (TRS)
31.51.01. Operator Service and Pav Telephone Rules
31.61.01. Rules for the Measurement of Stray Current or Voltage
(Stray Voltaee Rules)
3 1.71.01. Railroad Clearance Rules
31.71.03. Railroad Safety and Accident Reporting Rules
31.81.01" Energy Consumption Reportins Rules
Staff recommends that IDAPA rule 31.51.02. Automatic Dialins and Announcement
Devices (ADADs) Rules be eliminated.
DECISION MEMORANDUM
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COMMISSION DECISION
Does the Commission wish to approve StafPs recommendations? Does the Commission
wish to submit the corresponding Notices of Omnibus Rulemaking to DFM?
aJDECISION MEMORANDUM
State ofldaho
DIVISION OF FINANCIAL MANAGEMENT
BRAD LITTLE
Governor
ALEX J. ADAMS
Administrator
Executive Office of the Govemor
April23,2019
!4EMORANpUM
TO: Executive Branch Agency/Department Heads
Rules Review Officers
FRoM: AIex J. Adams rur! d'Z^e
SUBJECT: Process to Reauthorize Rules Beyond July I
The Idaho Legislature did not reauthorize all existing administrative rules as they have done in the past.
This will require executive administrative action to ensure existing rules remain in effect in FY20.
Governor Little, his staff, DFM, and the Attomey General's Office have been working diligently to
assess and plan how to address this unique circumstance. The following lays out the first phase of the
Governor's plan to accomplish this process.
The Governor has directed DFM and all state executive agencies to exercise necessary executive
authority to minimize the impact on state agencies, and the public most importantly. The efficient
operation of state govemment is a priority to Govemor Little, and the people of Idaho expect it.
DFM will begin the process of re-publishing existing rules by IDAPA chapter, using the engrossed rules
updated for 20lg legislative action. Rules will be published as both temporary and proposed rules
concurrently in a special edition of the Idaho Administrative Bulletin in June 2019. The temporary rules
will have an effective date of June 30,2019 to ensure there is no gap with the expiring rules.
Given that many agencies have already identified IDAPA rules they intend to eliminate as part of the
Red Tape Reduction Act, agencies have two pathways to move forward:
1. Allow RuIe to Expire
If an agency intends to eliminate a rule, the rule will expire by default on July 1,2019. No ARRF is
needed and no legislative review of the chapter will occur during the 2020 session. DFM will count the
elimination of the chapter toward the "bank" agencies are accumulating under the Red T'ape Reduction
Act. Agencies must submit an email to Adam Latham (Ac14t-ri.!4ll!4ur-(!-dljudiilin+rrl,) identiffing the
rules they intend to let expire no later than Mgyl9-2019. Agencies should include a brief explanation
of why they are proposing to eliminate the rules. The Governor's office will review each rule that an
agency proposes to let expire and the Governor will make the final decision whether to promulgate each
rule as temporary and proposed.
2. Re-Authorize Rule bv Julv 1.2019
If an agency intends to re-authoize arule, several action steps will be necessary to publish the
temporary and proposed rules in the June 2019 Bulletin:
Agencies must submit a completed Notice of Omnibus Rulemaking form and separately a Notice
of Omnibus Fee Rulemaking form to DFM no later than Mav 10. 2019.
304 N. 8th Street, Ste 325 o PO Box 83720 r Boise, Idaho 83720-0032
phone [phone] o fax [phone] o http://dfm.idaho.gov/
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a. Templates for each Notice are enclosed.
b. One of each Notice is needed per agency.
c. Please submit completed Notices to Adam Latham ([e-mail]]L.gl,t )d. If rulemaking authority is vested in a board or commission - not agency staff- the board
or commission must convene to properly authorize the Notice. This is required by law.
Please work closely with your attorney to ensure the Notice is properly authorized.
e. No ARRF will be required.
It is crucial that each agency carefully and thoroughly complete each Notice and closely follow
the requirements of the Idaho Administrative Procedure Act, Chapter 52,Title 67,ldaho Code.
Questions regarding the Notice and the process should be directed to Alex Adams
({!*e5Adams(gldfin.td3he.grty;208-334-3900).
Agencies must post each Notice published in the Bulletin onto, or be accessible from, the home
page of the agency's website so that interested parties can view it online (967-5221(3)). This will
need to occur in June on or around when the special Bulletin publishes.
Agencies must accept written comments on the proposed rules for 2l days pursuant to 67-5222.
If comments are received or an oral comment is requested, please contact Adam Latham
6darn.l.,atham@ y) for additional information prior to scheduling the hearing.
All rules re-authorized through this process will be subject to legislative review during the2020
Idaho Legislature, as is the case each year.
Each agency must keep all records of this rulemaking process for at least two (2) years pursuant
to ldaho Code $ 67-5225. Please ensure the record is thorough and complete.
Frequentlv Asked Ouestions
Can agencies add rules concuruently with the publication of the re-authorized chapter?. No, agencies must go through the traditional ARRF process for any new or added rules.. Only rule expiration can be accomplished via the procedure set out above.
Can agencies add, modify or eliminate rules apartfrom the re-authorized chapter?o Yes, agencies will still be permitted to submit ARRFs for new rules or modified rules through
the traditional process in2019.o When an ARRF is approved by DFM and the Governor's Office, agencies can move forward
with publishing in the Bulletin. These rulemaking actions are considered separate, legal
rulemaking actions from the re-publishing of the existing rules as temporary and proposed. As
such, they will be reviewed by the 2020 Legislature, and those that take effect will be engrossed
into the existing rule chapters upon sine die in2020.
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IDAPA 31
TITLE 51
CHAPTER 02
31.s1.02 - AUTOMATIC DIALING AND ANNOUNCEMENT DEVTCES (ADADS) RULES
Eliminate Rule Set. The Automatic Dialing and Announcement Devices Rules are antiquated and no
longer relevant. The Federal Communications Commission (FCC) has rules contained within its 47 CFR
64.1200 Subpart L - Restrictions on Telemarketing, Telephone Solicitation, and Facsimile Advertising
Rules which supersede this rule set and accomplish the same end goal. The FCC is also better
positioned technically and financially able to address complaints in this area than the State Commission.
000. LEGAL AUTHORTTY (RULE 0).
These rules are adopted under the general legal authority of the Public Utilities Law, Chapters I through 7, Title 6l ,
Idaho Code, and the Telecommunications Act of 1988, Chapter 6, Title 62, Idaho Code, and the specific authority of
Sections 6l-301, 6l-302,61-303,61-315,61-503, 6l-507,61-520,62-606,62-612,and62-616, Idaho Code, with
regard to service. (7-l-93)
001. TITLE AND SCOPE (RLILE 1).
This title of this chapter is "Automatic Dialing and Announcement Devices (ADADs) Rules." It covers all use of
automatic dialing and announcement devices to or from local exchanges in Idaho. (7-l-93)
002. WRITTEN INTERPRETATIONS - AGENCY GUIDELINES (RULE 2).
For rulemakings conducted before July l, 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 l, 1993, written interpretations to these rules in the form of explanatory
comments accompanying the notice ofproposed rulemaking that originallyproposed 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-l-93)
003. ADNTTNISTRATI!'E APPEALS (RULE 3).
There are no administrative appeals under these rules.(7-r-e3)
OO4. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
All requests for waivers of these rules are public records subject to inspection, examination and copying under the
Public Records Act. All informal complaints conceming compliance with these rules are investigatory records exempt
from disclosure under the Public Records Act. All formal complaints concerning compliance u.ith these rules are
public records subject to inspection, examination and copying under the Public Records Act. (7-l-93)
005. DEFTNITTON (RULE 5).
01. Automatic Dialing and Announcement Devices (ADADS). "Automatic dialing and
announcement devices (ADADs)" are devices programmed automatically to dial customers and to provide an
unsolicited message. Nothing in these rules applies to requested or contracted automatic announcements for return
calls, notification-of-terrnination-of-service warnings from telephone companies, or security, paging or alarm systems
subscribed to by a customer. (7-l-93)
006. crTATroN (RULE 6).
The offrcial citation of these rules is IDAPA 31.51.02.000 et seq. For example, this rule is cited as IDAPA
Section 000 Page 1 Barratt 4-19-19
3 I .5 1.02.006. In documents submitted to the Commission or issued by the Commission, these rules may be cited by
their short title of Automatic Dialing and Announcement Devices Rules (ADAD) and the parenthetical rule number.
For example, this rule may be cited as ADAD 6. (7-l-93)
007. EFFECTM DATE - HTSTORY OF RULES (RULE 7).
The Commission adopted predecessors to these rules in 1985. They were most recently codified at IDAPA 31.D.6.
They were readopted and reformatted by rulemaking decision in docket number 3l -5102-9301, effective July l, 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. (7-l-93)
008. -- 100. (RESERVED)
AUTOMATIC DIALING AI\ID A}INOT]NCEMENT DEVICES (ADADS)
RULES l0l THROUGH 2OO
101. DTSENGAGEMENT OF ADADS (RULE 101).
ADADs that do not automatically disengage the called party's line when the called party hangs up the receiver are
absolutely prohibited, except when the called party has previously consented to receive the ADAD calls and to allow
the line to be engaged in this manner. (7 -l-93)
102. PROHIBITIONS ON CERTAIN USES OF ADADS (RULE 102).
01. Hours of Prohibition. ADADs are prohibited from making unsolicited calls before 9:00 a.m. or
after 9:00 p.m. in the called party's local time. (7-l-93)
02. Calling Certain Numbers Prohibited. ADADs are prohibited from calling public safety numbers
(e.g., police, fire and emergency services). Except as allowed by Rule 5, ADADs are prohibited from unsolicited
calling to unlisted, unpublished or inward WATS numbers. ADADs are prohibited from calling more than one (l)
number held by a given party. (7-l-93)
103. CHARGES FOR ADADS (RULE 103).
ADADs must pay measured or message business service rates when either is available or flat rates reflecting their
intensive use of the telephone network when measured and message services are not available. (7-l-93)
104. CUSTOMERS OPERATING ADADS (RI LE 104).
All customers operating ADADs must notify the telephone company(ies) providing local services to the exchanges in
which they originate and terminate their calls and estimate how intensively the ADAD is expected to use local access
lines. (7 -r-93)
10s. -- 999. (RESERVED)
Section 000 Page 2 Barratt 4-19-19
IDAPA 31 _ IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. 31-0000-1900
NOTICE OF OMNIBUS RULEMAKING - TEMPORARY A}[D PROPOSED
RULEMAKING
EFFECTM DATE: The effective date of the ternporary rule(s) listed in the descriptive
sunmary of this notice is June 30,2019.
AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226, Idaho Code, notice is
hereby grven that this agency has adopted temporary rules, and proposed rulemaking procedures
have been initiated. These rules are adopted under the general legal authority of the Public Utilities
Law, Chapters I through 7, Title 6l,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 7 4,ldaho Code; and the particular authority of Sections 56-904,61 - I I 0, 61 -
l1l,6l-129,61-301 through 6l-309,61-315, 61-501 through 6l-505,61-508,61-510, 61-512,61-
515 through 6l-517,61-520,61-523,61-524,61-538, 6l-541,61-601 through 6l-607,61-610
through 6l-619,61-621through 6l-626,61-803 through 6l-806, 6l-902 through 6l-905, 6l-909,
6l-1003 through 61-1005, 6l-1007, 61-1305, 61-1306, 61-1603 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 staternent 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 rulemaking 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 31.01.01. Rulesp-lProcedure of the Idaho Public Utililieseommiwion
3l.l1.01. Safety and Accident Reporting Rules for Utilities Rezulated by
the Idaho Public Utilities Commission
31.12-Ol, Systems of Aqaounts foLPublic-uiilities Resulated by
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the Idaho Public Utilities Commission
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3l 21.01 - Customer Relations Rules for Gas- Electric and Water
Public Utilities (the Utility Customerj.elations Rules)
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a 31.41.01. Customer Relations Rules for Telephone Corporations Providing Services in Idaho
Subiect to Customer Service Reeulation bv the Idnho Public Utilities Commission (The
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Tele,phone Customer Relations Rules)
11.46.01. Universal Service Fund Rules
3 1 .46.02. Rules for Telecommunications Relay Services (.TRS)
31.51.01. Operator Service and Pay Telephone Rules
3151.01, Rules forthe Measu@ent of Strav Current or Voltase
(Stray Voltaee Rules)
3 1.71.01. Railroad Clearance Rules
1l 7l O? Rrilrned Snfetv nnd Ar:cident Renorlinrv Rrrles
31.81.01" Enerey Consumption Reporting Rules
TEMPORARY RULE JUSTIFICATION: Pursuant to Section(s) 67-5226(1) and 67-5226(2),
Idaho Code, the Govemor 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 ldaho, 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 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
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FEE SUMMARY: This rulemaking does not impose a fee or charge.
31.26.01. Master-Metering Rules for Electric Utilities
31.31.01. Gas Service Rules
31.36.01. Policies and Presumptions for Small Water Companies
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 rulemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated
rulemaking was not feasible because of the 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 implement these rules before they expire; the rules form the
regulatory framework of the laws of this state and have been previouslypromulgated and reviewed
by the Legislature pursuant to the Idaho Administrative Procedures Act, Chapter 52, Title 67,
Idaho Code; and because engaging in negotiated rulemaking for all previously existing rules will
inhibit the agency from carrying out its ability to serve the citizens of ldaho 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
temporary and proposed rules attached hereto.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the temporary 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 ldaho
Administrative Bulletin.
DATED this May 10,2019.
Stephen Goodson
Policy Advisor
Idaho Public Utilities Commission
472 W . Washington Street
P.O. Box 83720
Boise, Idaho 83702
[phone] Office
[phone] Fax