20220401Draft Energy Consumption Reporting Rule Edits 2022 (Red Line).pdf

Section 000 Page 1 AAdams_03132022

31.81.01 – ENERGY CONSUMPTION REPORTING RULES

GENERAL PROVISIONS
Rules 0 through 10

000. LEGAL AUTHORITY (RULE 0).
These rules are promulgated pursuant to the authority of the Electric and Natural or Manufactured Gas Consumption
from Ground Water Pumping Act (hereinafter the Energy Consumption Act), Chapter 13, Title 62, Idaho Code, and
the Public Records Act, Section 74-107(13), Title 74, Idaho Code. ( )

001. TITLE AND SCOPE (RULE 1).
The title of these rules is the “Energy Consumption Reporting Rules.” These rules apply to all energy suppliers of
electricity, or natural or manufactured gas, including public utilities, municipal, mutual nonprofit, and cooperative
corporations. These rules should be construed in connection with the Energy Consumption Act, the Public Utilities
Law, the Public Records Law, and other applicable state laws. Procedures in these Energy Consumption Reporting
Rules will be liberally interpreted to secure a just, speedy and economical determination of issues presented to the
Commission. Unless prohibited by statute or rule of substantive law, the Commission may permit deviation from
procedural rules in these rules when it finds compliance with them is impracticable, unnecessary or not in the public
interest. ( )

002. WRITTEN INTERPRETATIONS – AGENCY GUIDELINES (RULE 2).
Written interpretations to these rules can be obtained from the Secretary of the Idaho Public Utilities Commission
and are available from the office of the Commission Secretary. ( )

003. ADMINISTRATIVE APPEALS (RULE 3).
All administrative procedures under these rules are conducted under the Commission’s Rules of Procedure, IDAPA
31.01.01.000 et seq. ( )

004. (RESERVED)

01. Report Summaries. The Department may make summaries of such reports available upon written
request provided that the identity of individual customers or accounts is protected from public disclosure and cannot
be ascertained from the summaries. ( )

02. Consumption Reports. The Department may release consumption reports to state entities
including water districts and ground water districts to determine annual water usage or to other state and federal
entities for research purposes provided the identity of individual customers or accounts is protected from public
disclosure and cannot be ascertained from the reports. ( )

005. DEFINITIONS (RULE 5).
Whenever any term used in these rules is defined or referred to in the Energy Consumption Act, that term takes its
statutory definition in these rules. The following terms used in these rules are defined: ( )

01. Commission. The Idaho Public Utilities Commission. ( )

02. Consumption Reports. The reports created by the energy suppliers as authorized by these rules
and submitted to the Department. ( )

03. Department. The Idaho Department of Water Resources. ( )

04. Energy Suppliers. All suppliers of electric power and natural or manufactured gas including all
Commented [SG1]: 000 through 003 are uniform edits
across chapters
Commented [SG2]: Streamline wording
Commented [SG3R2]: All rules now have cover pages
that explain the scope of the rule
Commented [SG4]: Uniform but also in Rule 022
Commented [SG5]: Removed and combined with sub-
rule 02

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public utilities, municipal, mutual nonprofit, and cooperative corporations providing energy to an irrigation
customer.
( )

05. Geographic Areas. Areas served by energy supplies as Hydrological basins with boundaries
determined designated by the Commission Department. The geographic areas are depicted in the Appendix to these
rules. ( )

06. Irrigation Customer. A customer pumping ground water that is: ( )

a. Receiving service from an energy supplier under an irrigation service tariff or rate schedule; or
( )

b. Irrigating three (3) or more acres if such information is known to the energy supplier. ( )

07. Irrigation Season. As used in these rules means the calendar period from March 1 through
October 31 or the energy supplier’s billing cycles that include the calendar period. ( )

08. Service Location. The geographic position of the irrigation customer’s pumping location(s) by
address, pole number, legal description, longitude-latitude designations, or other description of where the service is
delivered, to the extent such information is readily available to the energy supplier. ( )

006. (RESERVED)

007. FORMS (RULE 7).
The Department may produce and distribute forms to carry out these rules. ( )

008. CORRESPONDENCE -- CHANGE OF ADDRESS (RULE 8).

01. Department's Mailing Address. All correspondence with the Department regarding these rules
or energy consumption reports should be addressed to:

Water Allocation Bureau
Idaho Department of Water Resources
PO Box 83720
Boise, ID 83720-0098

The street address is: 322 E. Front St., Boise, ID 83720-0098. ( )

02. Supplier's Mailing Address Must be Provided to Department. Each energy supplier will
provide the Department with a name or department and its mailing address for the purpose of receiving notices and
correspondence. Any change of address should be reported to the Department in writing. ( )

009. -- 010. (RESERVED)

REPORTING RULES
Rules 11 through 20

011. REQUEST FOR REPORTS (RULE 11).
No later than July 1 of each year, the Department may request consumption reports from energy suppliers for the
current irrigation season. ( )

01. Notification by Department. The Department will notify energy suppliers serving specific
geographic areas that consumption reports must be submitted. ( )

Commented [SG6]: Utilities prefer to report by service
area within Idaho
Commented [SG7]: IDWR has never produced forms in
relation to these rules
Commented [SG8]: IDWR can get this information from
the PUC with the energy suppliers address on file

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02. Submission of Consumption Reports. Once the Department requests the consumption reports,
the energy supplier will prepare and submit the report to the Department as soon as possible following the close of
the irrigation season but no later than January 5 of the following year. ( )

012. CONTENTS OF CONSUMPTION REPORT (RULE 12).

01. Content of Consumption Reports. Each consumption report will contain, to the extent available,
the customer’s full name, customer account number, service location, service location identification number, and the
amount of energy consumed in kilowatt hours (KWH), or cubic feet of gas, or other applicable volume measurement
for each service location. For each service location, the annual consumption report will state how much energy the
customer consumed for each billing period during the irrigation season, and for the entire irrigation season. ( )

02. Geographic Area(s) Covered in Consumption Report. The energy supplier may file a
consumption report covering the specific geographic area(s) set forth in the Department’s notice or, at the discretion
of the supplier, a report that encompasses a larger territory so long as the Department’s designated areas are
included. ( )

013. REPORT FORMAT (RULE 13).
Consumption reports will be forwarded to the Department in an electronic storage media in a format mutually
acceptable to the Department and the energy supplier electronically unless otherwise agreed to . If an agreement is
not reached or if the supplier is unable to provide the consumption report in electronic media, the report will be
submitted in writing. ( )

014. -- 020. (RESERVED)

REIMBURSEMENT RULES
Rules 21 through 30

021. REIMBURSEMENT OF COSTS (RULE 21).
Energy suppliers are entitled to reimbursement by the Department of the costs for preparing and submitting the
consumption reports. Energy suppliers seeking reimbursement will itemize in sufficient detail their actual costs in
preparing and submitting the data. Reimbursement is to be paid by the Department. ( )

022. RESOLUTION OF REIMBURSEMENT DISPUTES (RULE 22).
When an energy supplier and the Department are unable to resolve a reimbursement dispute, either party or both
may seek informal dispute resolution with the Commission’s staff. See IDAPA 31.01.01, “Rules of Procedure of the
Idaho Public Utilities Commission,” Sections 021 through 024. If the outcome of the informal proceeding is
unsatisfactory to either party, the aggrieved party may file a formal complaint with the Commission. (See IDAPA
31.01.01, Sections 023 through 025, and 051 through 058.) The Commission decides formal complaints under its
Rules of Procedure, 31.01.01.000 et seq. ( )

023. -- 999. (RESERVED)
Commented [SG9]: Utilities prefer to submit report for
their service are within Idaho. Deleted in light of proposed
change to 005.05
Commented [SG10]: Simplify wording
Commented [SG11]: Streamlined wording