20210513Notice of Intent Negotiated Rulemaking IDAPA 31.01.01.pdf

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Notice o.f Intent - Nesotiated Rulemakins wtth Scheduled Meetinss
IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.01.0I - RULES OF PROCEDURE FOR THE IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. XX-XXXX-XXXX (OARC will assign)
NOTICE OF INTENT TO PROMULGATE RULES _
ZERO.BASED REGULATION NEGOTIATED RULEMAKING
AUTHORITY: In compliance with Section6T-5220,Idaho Code, notice is hereby given that this agency intends
to promulgate rules and desires public comment prior to initiating formal rulemaking procedures. This negotiated
rulemaking action is authorized pursuant to the general legal authority of the Public Utilities Law, Chapters I
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 621' Chapters l2 and
13, Title 62,ldaho Code; and the particular authority of Sections 56-904,61-304, 6l-305, 6l-306, 6l- 307,61-
308,61-309,61-501 ,61-502,61-503,61-504,61-505, 6l-507,61-516,61-538,61-541,61-601, 6l-602,61-603,
6l-604,61-605, 6l -606, 6l-607,61-608, 6l-609, 6l-610, 6l -61 l,6l- 612, 6l-613, 6l-614,61-615, 6l-616,61-
617 , 6t-618, 6l -61 9, 6l-621, 6l-622, 6l-623, 6l-624, 6l-625, 6l-626,61-803, 6l -804, 6l -805, 6l -806, 6l-902,
6l-903, 6l-904,61-905,61-909,61- 1003,61-1004,61-1005,6t-1007,61-1305,61-1306,6l-1603,6l-16M,
6l-1605,61-1606, 61- 1607,61-1703,61-1704,61-1705,61-1706,61-1707,61-1708, 6l-1709,62-304,62-305,
62-424, 62-602, 62-603 , 62-604, 62-605, 62-606, 62-607 , 62-608, 62-609, 62-610, 62-61 | , 62-612, 62- 613, 62-
614, 62-615, 62-616, 62-619, 62-622, 62-1201, 62-1202, 6l-1203, 6l-1204, 6l-1205, 6l- 1206, 62-t207, 62-
1303, 62-1304, 63-3A291, and 67 -6528, Idaho Code, and Executive Order No. 20201 -01 .
MEETING SCHEDULE: A public meeting on the negotiated rulernaking will be held as follows:
Date and time:Tuesday, June 29,2021,9:00 AM (MST)
Location Idaho Public Utilities Commission
Hearing Room
11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise,Idaho 83714
To participate by phone or web conferencing, please contact Adam Rush at [phone] or
adam. rush(grpuc. i daho. so r,.
Any additional meeting dates will be posted at https:/lpuc.idaho.sov in the "News Updates" section.
The meeting site(s) will be accessible to persons with disabilities, if needed. Requests for accommodation must
be made not later than five (5) days prior to the meeting to the agency address below.
METHOD OF PARTICIPATION: Those interested in participating in the negotiated rulemaking process are
encouraged to attend the scheduled meeting in person or via telephone/web conferencing. For those who cannot
participate by attending the meeting, written comments may be submitted to the Idaho Public Utilities
Commission by email at secretary(grpuc.idaho.qov. Written comments may also be submitted using the Idaho
Public Utilities Commission's Case Comment Form: https:,rpuc.idaho.gor,/FontrlC'aseComlnent.
Upon conclusion of the negotiated rulernaking, any unresolved issues, all key issues considered, and conclusion
reached during the negotiated rulemaking will be addressed in a written summary. The summary will be made
available to interested persons who contact the agency or, if the agency chooses, the summary may be posted on
the agency website.
DESCRIPTM SUMMARY: The ldaho Public Utilities Commission initiated this rulemaking in compliance
with Executive Order No. 2020-01: Zero-Based Regulation, issued by Governor Little on January 16,2020.
Pursuant to Executive Order No. 2020-0 I , each rule chapter effective on June 30, 2020, shall be reviewed by the
agency that promulgated the rule. The review will be conducted according to a schedule established by theDivision of Financial Management, Office of the Governor (DFM), posted at
inrules.idaho /rulemaki . This is the ldaho Public Utilities Commission's
rule chapter up for review in202l.
The goal of the rulemaking is to perform a critical and comprehensive review of the entire chapter in an attempt
to reduce overall regulatory burden, streamline various provisions, and increase clarity and ease of use.
ASSISTANCE ON TECHNICAL QUESTIONS, MEETING ACCOMMODATIONS, SUBMISSION OF
WRITTEN COMMENTS, OBTAINING DRAFT COPIES: For assistance on technical questions concerning
this negotiated rulemaking, requests for special meeting accommodations or accessibility, or to obtain a
preliminary draft copy of the rule text, contact Stephen Goodson at [phone]. Materials pertaining to the
negotiated rulemaking, including any available preliminary rule drafts, can be found on the Idaho Public Utilities
Commission web site at the following web address: puc.idaho.gov.
DATED: 5/12/2021
Jan Noriyuki
Commission Secretary
I I33l West Chinden Blvd, Ste 201-A
Boise, lD 83714
[phone]
Secretary(gpuc. idaho. t-lo v
Page2
Zero-Based Regulation
Prospective Analysis
Fill oul errlirr lirrnt to the best of lour abilitr. urrlcss subnrilling a Noticc to
liegotiate onlr fill out l. 2. and 5
Agency Name:ldaho Public Utilities Commission
Rule Docket Number:31.01.01
1. What is the specific legal authority for this proposed rule?
Statute Secdon (include direct link)Is the authority mandetorv or dlscretionary?
se araol. r& Cd.+Effi . [9./htilJd[Mandatory
See attrached statute lisl Some Mandatory, some Discretionary
2. Define the specilic problem that the proposed rule is attempting to solve? Can the
problem be addressed by non-regulatory measures?
ln Executive Order No.2020-01,Zero-Based Regulation, Govemor Little directed agencies
to conduct a s-year review of each rule chapter effective on June 30,2020. The ldaho
Public Utilities Commission initiated this rulemaking in compliance with Executive Order No.
2020-01.
The problem cannot be addressed by non-regulatory measures.
I
3. How have other jurisdictions approached the problem this proposed rule intends to
address?
a. Is this proposed rule related to any existing federal law?
b. How does this proposed rule compare to other state laws?
c. If the ldaho proposed rule has a more stringent requirement than the federal
government or the reviewed states, describe the evidence base or unique
circumstances that justifies the enhanced requirement:
Federal
citation
Summary of Law (include direct link)How is the proposed ldaho
rule moreskingent? (if
aoplicable)
State Summary of Law (include direct link)How is the proposed Idaho
rule more stringent? (if
applicable)
Washinston
Oreeon
Nevada
Utah
Wyoming
Montana
Alaska
South Dakota
4. What evidence is there that the rule, as proposed, will solve the problem?
5. What is the anticipated impact of the proposed rule on various stakeholders? Include
how you will involve stakeholders in the negotiated rulemaking process?
6, What cumulative regulatory volume does this proposed rule add?
Catesorv Imnrct
Net change in word count
Net chanee in restrictive word count
Catesory Potential Impact
Fiscal impact to the state General Fund, any
dedicated fund, or federal fund None anticipated
Impact to ldaho businesses, with special
consideration for small businesses
As the intent of this rulemaking is to reduce overall
regulatory burden, streamline various provisions, and
increase clarity and ease of use, it is anticipated that the
proposed rulemaking will ultimately reduce the
regulatory burden on ldaho businesses.
Impact to any local govemment in Idaho None anticipated.
Specific Legal Authoritv for the Rules of the Procedure of the ldaho Public Utilities Commission
General legal authority of the Public Utilities Law, Chapters 1 through 7, Title 61, ldaho Code.
Chapters 8 through tO, L3,15 through 17, Title 61, ldaho Code; Chapters 3 and 4, Title 62, ldaho
Code; the Telecommunications Act of 1988, as amended, Chapter 6, Title 62; Chapters 12 and 13,
Title 62, ldaho Code; and the particular authority of Sections 56-904, 61-304, 61-305, 61-306, 61-
307, 61-309, 51-309, 61-501, 67-502,61-503, 6L-504,61-505, 6L-507,61-516, 61-538, 6L-54!,6L-
60]-, 6t-6O2, 61-503, 6L-6O4,61-605, 61-506, 6L-607,61-608, 61-609, 51-610, 61-611, 61- 672,61-
673,6L-6L4, 6L-675,6L-6L6,6L-6L7,61-618, 6L-6L9,6L-62L, 6L-622,6L-623, 6L-624,6L-625,6L-
525, 61-903,6L-804,61-805, 61-806, 6L-902,61-903, 6L-904,51-905, 61-909, 61- 1003, 6L-1404,
61-1005, 6r-tOO7,61-1305, 61-1 306, 61-1503, 6t-t604,61-1505, 61-1606, 6L- L607 , 6t-L703, 61-
1704,61-L705, 61-1706,6L-t7O7,6!-1708,6L-t7O9,62-304,62-305, 62-424,62-602,62-603,62-
604, 62-505 , 62-606,62-607,62-608,62-609, 62-6L0,62-6L1,62-6L2,62- 6L3,62-6L4,62-6L5,62-
6L6,62-6L9,62-622,62-L20L,62-1202,6L-L203,61-L204,61-L205,6L- L206,62-L207,62-L303,
62-t304,63-30291, and 57-6528, ldaho Code.