Gen201.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE AMENDMENTS TO VARIOUS COMMISSION ADMINISTRATIVE RULES (IDAPA 31.02.01, 31.11.01, 31.46.01, 31.46.02, AND 31.81.01) TO REFLECT THE 1999 LEGISLATURE’S REPEAL OF IDAHO CODE § 9340, IDAHO CODE §§ 61-801 THROUGH 61-818 AND ENACTMENT OF IDAHO CODE §§ 9-340A THROUGH 9-340F.
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CASE NO. 31-0000-9901

ADOPTION OF PENDING RULE

GENERAL ORDER NO. 201

In this General Order, the Commission adopts the pending rules that amend the Commission’s Administrative Rules, IDAPA 31.02.01, 31.11.01, 31.46.01, 31.46.02, and 31.81.01 to reflect changes to the Public Records Act (Idaho Code §§ 9-340) and the Legislature’s repeal of the Motor Carrier Act (Idaho Code §§ 61-801 through 61-818). On August 27, 1999, the Commission issued a Notice of Proposed Rulemaking requesting written comments on the Commission’s proposed rules no later than October 27, 1999. The Notice was published in the Administrative Bulletin (Vol. No. 99-10, at 452-458) on October 6, 1999. No party requested a public hearing and no party filed comments.
Based on the record and the Commission’s review of the proposed rules, the Commission adopts the proposed rules as its pending rules. Idaho Code  67-5224. Appendix A to this Order is a Notice of Pending Rules suitable for transmission to the Administrative Rules Coordinator.
FINDINGS
The Commission finds it has authority to promulgate these rules pursuant to Idaho Code §§ 62-602, 62606, 62611, 62-614, 62-615, 62616 and 62-622. The Commission finds the proposed changes reflect the Legislature’s actions in the 1999 Legislative session. All of the changes are non-substantive and necessary to reflect the 1999 legislative action. In the most recent legislative session, the Legislature repealed the Motor Carrier Act found at Idaho Code §§ 61-801 through 61-818. 1999 Sess. Law Ch. 383, § 13. Consequently, all references and citations to the Motor Carrier Act and the Motor Carrier Rules should be eliminated. The Legislature also restructured the Public Records Act. Before its recent amendment, the Public Records Act found at Idaho Code § 9-340 listed the various types of documents exempt from public inspection. This year’s amendments to the Public Record Act restructured the various exemptions into six major categories found at Idaho Code §§ 9-340A through 9-340F. 1999 Sess. Law Ch. 30. There are several citations in the Commission’s Rules of Procedure referencing the old Public Records citations.
Therefore, the Commission finds that the pending rules are reasonable and comply with existing statutes. The Commission finds that it is in the public interest for the Commission to adopt these pending rules contingent on legislative review.
GENERAL ORDER
IT IS HEREBY ORDERED that the Commission adopts the pending rules and orders they be transmitted to the Administrative Rules Coordinator for publication in the January 5, 2000 Administrative Bulletin.
THIS IS A FINAL GENERAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in these Case No. 31-0000-9901 may seek judicial review in district court pursuant to Idaho Code § 67-5270 and Rule 401 (IDAPA 31.01.01.401) regarding any matter decided in this order or in interlocutory Orders previously issued in these Case No. 31-0000-9901.

DONE by ORDER of the Idaho Public Utilities Commission at Boise, Idaho this
day of November 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:31-0000-9901_cc

GENERAL ORDER NO. 201 -1-

Office of the Secretary
Service Date
November 9, 1999