APA.ntc.doc

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION

31.01.01 RULES OF PROCEDURE

DOCKET NO. 31-0101-9901

NOTICE OF PROPOSED RULES

AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the Idaho Public Utilities Commissions proposed rulemaking. This action is authorized pursuant to Sections 61-304 through 61-306, 61-406, 61-501 through 61-503, 61-507, 61-538, 61-601 through 61-607, 61-621, 61-902, 61-909, 61-1305, 62-304, 62-602, 62-610, 62-610F, 62-619, and 62-1303, Idaho Code.

PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be scheduled only if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, no later than October 20, 1999. The hearing site will be accessible to persons with disabilities. Request for accommodations must be made no later than five (5) days prior to the hearing, to the Commission’s address set out below.

DESCRIPTIVE SUMMARY: The Commission is proposing several changes to its Rules of Procedure. First, the 1999 Legislature repealed the Motor Carrier Act (Idaho Code §§ 61-801 through 61-818) and restructured the Public Records Act (Idaho Code § 9-340). Consequently, all references and citations to the Motor Carrier Act and the Commission’s prior Motor Carrier Rules (IDAPA 31.61.01.000) have been eliminated. References to the Public Records Act have been amended to reflect the current citations.

Second, in 1997 the Legislature authorized the Commission to exempt any security, class of securities or class of public utilities from the securities filing procedures pursuant to Idaho Code § 61-909. The Commission proposes to amend its Rules to implement this statute. Third, the Commission is proposing to amend its Procedural Rules and add rules addressing the procedures for the receipt, safeguarding and handling of trade secrets and other confidential information exempt from public disclosure pursuant to Idaho Code §§ 9-340A through 9-340F. The Commission is also proposing to modify several rules regarding the receipt of evidence and testimony otherwise exempt from public disclosure pursuant to Idaho Code §§ 9-340A through 9-340F.

Fourth, the Commission is amending several rules to allow it to serve copies of its Orders and Notices electronically at the request of parties. The Commission is proposing to require that parties provide their electronic addresses (if available). The Commission is also proposing to modify its Rules to serve Notices of Modified Procedure and Notices of Applications upon counties affected by such pleadings. Finally, the Commission is proposing several other amendments to its Rules to improve readability, eliminate ambiguity and inconsistencies, correct citations, and make other housekeeping changes.

NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.0811, negotiated rulemaking was not conducted because of the non-substantive nature of many of the changes.

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning the proposed rules, contact Donald L. Howell, II, Deputy Attorney General at [phone].

DEADLINE FOR WRITTEN COMMENTS: Anyone may submit written comments regarding these proposed rules. All written comments and data concerning the proposed rules must be delivered to the Commission Secretary at the address identified above or must be postmarked on or before October 27, 1999. Persons desiring to comment are encouraged to submit written comments at their earliest convenience rather than wait until the comment deadline.

DATED this day of August 1999.

Myrna J. Walters
Commission Secretary
Idaho Public Utilities Commission Street Address for Express Mail:
PO Box 83720
Boise, ID 83720-0074 472 West Washington Street
Telephone: [phone] Boise, ID 83702-5983
FAX: [phone]