20211101Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:
DATE:Rtu_ w_ Lt_t) I
SUBIECT: NOTICE OF PENDING RULEMAKING - IDAPA 31.01.01
BACKGROI.,IND
On January 16,2020 Governor Little signed Executive Order No. 2020-01, "Zero-Based Regulation."
Executive Order No. 2020-01 requires each agency to review its rule chapters over a five-year period.
On June 29,2021, Staff conducted a negotiated rulemaking session for the Commission's Rules of
Procedure with stakeholders. Staff prepared a written summary of the negotiated meeting and submitted it
to DFM on August 16,2021.
On October 27 ,2021, Staff held a public meeting on the Proposed Rules of Procedure and received one
set of comments from Idaho Power Company (Company). The Company recommended that the
Commission add language in Rule 63 to facilitate service of discovery that exceeds typical email size
limitations (see Idaho Power's comments).
On October 29,2021 Legislative Service Office (LSO) informed the Cornmission that the House and
Senate Subcommittees had reviewed the Proposed Rule as written and stated that there are no objections
to the rule, and no meeting will be schedule (see LSO's letter).
STAFF RECOMMENDATIONS
Staff recommends the Commission adopt the Proposed Rule as Pending, and direct Staff to submit the
necessary forms to publish a Pending Rule Notice with No Changes to Text in the Administrative
Bulletin.
COMMISSION DECISION
STEPHEN GOODSON, POLICY ADVISOR
NOVEMBER 1,2021
Does the Commission wish to approve Staff s recommendations? Anything else?
son, Policy Advisor
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Oc{ober 27,2421
Ms. Jan Noriyuki
Commission Secretary
ldaho Public Utilities Commission
11331 West Chinden Blvd, Ste 201-A
Boise, lO 83714
secretarv@puc. rdaho. oov
RE: Case No. RUL-U-21-01
RUTES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMM'SS'ON,
DOCKET NO. 31 -01 01 -21 01
Dear Ms. Noriyuki:
ldaho Porer Company ('ldaho Power' or "Company') appreciates the opportunity to
comment on proposed changes to the ldaho Public Utilities Commission ('Commission'),
Rules of Procedure (IDAPA 31-0101-2't01) noticed in the ldaho Administrative Bulletin on
October 6,2021, The Company actively participated in the negotiated phase of this docket
and reviewed the Commission Staffs recommended changes. ldaho Power appreciates the
thoughtful consideration of the Company's prior informal comments and supports the
adoption of these changes.
The Commission might also consider adding language in Rule 63 (Service on Parties
and other Persons) to facilitate service of discovery that exceeds typical email size
limitations. ldaho Power believes language like the following would allow parties to transfer
voluminous data and models of significant size more efriciently than is currently permitted by
emailservice:
02. Servlce of Discovery. The service of discovery documents on
parties shall be accomplished by email (as attachments to email or the
information necessarv to access the discoverv documents throuoh a data
tranefer method). For parties without email capabilig, service shall be made by
ovemight mail, hand delivery, or the next best available service if these
services are not available. See Rule 229.
Very truly yours,
X*!.fl^*t -*,
LDN/sgcc: Patrick Ehrbar, Avista Corp.
Ted Weston, PacifCorp
Lisa D. Nordstrom
Legislative Services Office
Idaho State Legislature
Terri Kondeff
Director
Seruing lilalu's Citizm bgislature
{N
October 29,2021
Jan Noriyuki
Commission Secretary
Public Utilities Commission
PO Box 83720
Boise. lD 83720-0074
Dear Jan Noriyuki:
The Senate and House Subcommittees for review of administrative rules have reviewed the proposed
changes to the Public Utilities Commission rules:
IDAPA 31.01.01 - Rules of Procedure of the ldaho Public Utilities Commission (New Chapter) -
Proposed Rule - Docket No. 3t-0101-2101
No meeting will be held, and we are pleased to report that no objections will be filed
Sincerely yours,
Katharine Gerrity
Deputy Division Manager
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