20210507Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: STEPHEN GOODSON, POLICY ADVISOR
DATE: MAY 7,2021
SUBJECT: NOTICE OF NEGOTIATED RULEMAKING - IDAPA 31.01.01
BACKGROUND
On January 16,2020 Governor Little signed Executive Order No. 2020-01, 'oZero-Based Regulation."
Executive Order No. 2020-01 requires each agency to review its rule chapters over a five-year period.
Executive Order 2020-01 also directed Division of Financial Management (DFM) to create a schedule
under which each agency is to review its rule chapters. The Idaho Public Utilities Commission is
scheduled to review IDAPA 3 I .0 I .0 I - Rules of Procedure of the Idaho Public Utilities Commission -
this year.
Due to a moratorium on state agencies proposing rulemaking, typically agency review of rules starts after
the Legislature adjourns Sine Die. Legislative Services Office (LSO) and DFM have now suspended this
policy for this year.
On Monday May 3, 2021 DFM sent a memo to all state agencies directing them to submit a completed
Notice of Negotiated Rulemaking form to DFM by Wednesday May 12,2A21.
DFM's memo directs each agency to fully analyze and perform a thorough and meaningful review of the
rule and how it can be improved.
STAFF RECOMMENDATIONS
Staff recommends the Commission direct Staff to submit the necessary forms to publish a Notice of
Negotiated Rulemaking in the Administrative Bulletin. Staff also recommends the Commission authorize
Staff to conduct negotiated rulemaking consistent with ldaho Code $ 67-5220, Executive Order No.
2020-01, and DFM directives.
COMMISSION DECISION
Does the Commission rvish to approve Stafls recomrnendations? Anything else?
S icy Advisor