APApendingntc.doc

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION

31.01.01 – RULES OF PROCEDURE
OF THE IDAHO PUBLIC UTILITIES COMMISSION

DOCKET NO. 31-0101-9901
NOTICE OF PENDING RULE

EFFECTIVE DATE: This rule has been adopted by the agency and is now pending review by the 2000 Idaho State Legislature for final adoption. The pending rule becomes final and effective at the conclusion of the legislative session, unless the rule is approved, rejected, amended or modified by concurrent resolution in accordance with Sections 67-5224 and 67-5291, Idaho Code. If the pending rule is approved, amended or modified by concurrent resolution, the rule becomes final and effective upon adoption of the concurrent resolution or upon the date specified in the concurrent resolution.

AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that this agency has adopted a pending rule. The 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, 62-606, 62-610, 62-610F, 62-619, and 62-1303, Idaho Code.

DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons for adopting the pending rule and a statement of any change between the text of the proposed rule and the text of the pending rule with an explanation of the reasons for the change.

The Commission received three timely comments in response to the proposed rules. Except as noted below, the pending rules are being adopted as proposed for the reasons contained in the notice of proposed rules and in the Commission’s General Order No. 202. The original text of the proposed rules was published in the October 6, 1999 Idaho Administrative Bulletin, Vol. 99-10, pp. 459 and 476.

Two of the Commission’s proposed rules have been amended in response to public comments and to make typographical and clerical corrections to the rules pursuant to Section 67-5227, Idaho Code. The Commission had proposed amending Rule 243 by requiring parties to notify the Commission at the beginning of a public hearing if such parties intended to cross-examine or offer testimony that might illicit trade secrets or other confidential information protected from public disclosure. The Commission agreed with the suggestion of one commentor that parties advise the Commission of such matters at the beginning of the hearing “or as soon thereafter as practical.”

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning this pending rule, contact Donald L. Howell, II, Deputy Attorney General, [phone].

DATED this 5th day of November 1999.

Myrna J. Walters, Commission Secretary
Idaho Public Utilities Commission
PO Box 83720 472 W. Washington St.
Boise, ID 83720-0074 Boise, ID 83702-5983
Tele: [phone]
FAX: [phone]

IDAPA 31TITLE 01Chapter 01

31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION

067. INFORMATION EXEMPT FROM PUBLIC REVIEW--DEFINITIONS--FORM--PROCEDURES (Rule 67).

01. Definitions. ( )

a. “Trade secrets” as defined in Section 9-340D, Idaho Code, means information, including a formula, pattern, compilation, program, computer program, device, method, technique, process, or unpublished or in progress research that: ( )

i. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and ( )

ii. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. ( )

Trade secrets filed with the Commission are exempt from public inspection, examination and copying pursuant to Section 9-340D, Idaho Code. ( )

b. “Confidential information” means information, documents, or records filed with the Commission that are specifically exempt from public inspection, examination and copying pursuant to Sections 9-340A through 9-340F, Idaho Code. ( )

(BREAK IN CONTINUITY OF SECTIONS)

243. HOW HEARINGS ARE HELD (Rule 243).

01. All Hearings Presumed Open. All hearings conducted by the Commission are open to the public except when a hearing may be partially closed to safeguard trade secrets or other confidential information protected from public disclosure. The Commission disfavors closed hearings and parties shall take all reasonable measures to avoid the need to close a public hearing. Such measures include: (7-1-93)( )

a. Using references to page and line or column numbers; ( )

b. Using summaries or generalizations; ( )

c. Stipulating that the evidence be offered in the public hearing; or ( )

d. Offering testimony in writing. ( )

If parties intend to cross-examine or offer testimony that may necessitate the partial closure of a hearing, they shall advise the Commission or presiding officer at the beginning of the hearing or as soon thereafter as practical. ( )

02. Methods of Conducting Hearings. Hearings may be held in person or by telephone or television or other electronic means, if each participant to the hearing has an opportunity to participate in the entire proceeding while it is taking place. (7-1-93)( )