990810_dh.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
STEPHANIE MILLER
TONYA CLARK
RON LAW
TERRI CARLOCK
JOE CUSICK
BEV BARKER
WORKING FILE

FROM:

DATE: August 10, 1999

RE: PROPOSED CHANGES TO THE COMMISSION’S RULES OF PROCEDURE AND TITLE 62 TELEPHONE CORPORATION RULES, IDAPA 31.01.01.000 AND 31.42.01.000.

It has been nearly seven years since the Commission’s Rules of Procedure and the Title 62 Rules were last updated. There are several reasons why it is desirable to update the rules at this time. These reasons include:
In the most recent legislative session, the Legislature repealed the Motor Carrier Act found at Idaho Code §§ 61-801 through 61-818. 1999 Sess.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. There are approximately 15 rules that are affected by this change.

This year 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.

In 1999, the Idaho Legislature permitted the Commission to exempt certain classes of securities or utilities from the Securities Procedures found in Chapter 9, Title 61. See Idaho Code § 61-909. This statute allows the Commission to grant exemptions by order or rule. Staff is recommending that Procedural Rule 141 be amended and Rule 147 be added to reflect this exemption authority.

Staff is also recommending that several of the rules be amended to address procedures for the receipt, safeguarding and handling of trade secrets and other confidential information exempted from public disclosure pursuant to Idaho Code §§ 9-340A through 9-340F. In addition, Staff is recommending that several of the rules pertaining to the conduct of hearings be modified to allow the Commission to partially close public hearings to receive evidence otherwise exempt from public disclosure pursuant to the Public Records Act.

Finally, there are several housekeeping and other changes that the Staff is recommending for the Commission’s consideration at this time.

THE PROPOSED RULES
To facilitate the Commission’s review of the proposed amendments to the Title 62 and Procedural Rules, the Rules are one and one-half-spaced in legislative format. Following each rule is a brief explanation as to the reasons for the proposed rule change.
A. Procedural Rules

000. LEGAL AUTHORITY (Rule 0).
These rules are adopted under the general legal authority of the Public Utilities Law, Chapters 1 through 7, Title 61, Idaho Code, the Motor Carrier Act, Chapter 8, Title 61, Idaho Code, Chapters 9, 10 and 13, Title 61, Idaho Code, Chapters 3 and 4, Title 612, Idaho Code, the Telecommunications Act of 1988, as amended, Chapter 6, Title 612, and Chapter 12, Title 62, Idaho Code, Chapter 13, Title 62, Idaho Code, and the particular authority of Sections 61-304 through 61-309, 61-501, 61-502, 61-503 through 61-505, 61-538, 61-601 through 61-607, 61-610 through 61-619, 61-620 through 61-626, 61-808, 61-809, 61-817, 61-902 through 61-905, 61-909, 61-1003 through 61-1005, 61-1007, 61-1305, 61-1306, 62-304, 62-305, 62-424, 62-604, 62- 605, 62-608 through 62-612, 62-610A through 62-610F, 62-614 through 62-616, 62-619, 62-622, and 62-1201 through 62-1207, 62-1303, and 62-1304, Idaho Code.

Changes to these rules include deleting references to the repealed Motor Carrier Act, correcting typographical errors, adding references to the Commission’s responsibilities under the consumption reporting rules (Idaho Code §§ 62-1301 et seq. Adding a reference to the new Idaho Code § 61-909, and references to the new universal service fund statutes found at Idaho Code §§ 62-610A through 62-610F.

009. RELATIONSHIP TO REGULATED CARRIER RULES (Rule 9).

Whenever these rules address the same subject matter as the Commission's Rules Governing Transportation of Persons or Property Over Highways of the State of Idaho by Motor Vehicles (the Motor Carrier Rules), IDAPA 31.61.01.000 et seq., the specific provisions of the Motor Carrier Rules govern.

This rule is deleted due to the repeal of the Motor Carrier Act.

012. OFFICE--OFFICE HOURS—FAX NUMBER—MAILING ADDRESS AND STREET ADDRESSES (Rule 12).

The principal office of the Commission is in Boise, Idaho. This office is open from 8:00 a.m. to 5:00 p.m., except Saturday, Sunday and legal holidays. The Commission's telephone number is [phone]. The Commission's text telephone (TDD) number for the hearing or speech impaired is [phone].
01. FAX Number, Mailing and Street Addresses. The Commission’s FAX number is [phone]. The Commission's mailing address is: Idaho Public Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074. The street address of the Commission is: 472 West Washington, Boise, Idaho 83702-5983. All documents filed in all proceedings must be filed with the Commission at one (1) of these addresses.

Changes to this rule were made to improve readability and clarity.

016. SERVICE BY COMMISSION (Rule 16).
The Commission Secretary serves all notices, orders, summonses, and complaints issued by the Commission or by the Secretary.

01. Service Of Orders And Notices. All notices and orders served by the Commission may be served by United States or electronic mail. Unless otherwise provided by statute, these rules, order or notice, service of orders and notices is complete when a copy, properly addressed and stamped, is either deposited in the United States mail or transmitted electronically. All orders and notices shall be affixed with the Commission Secretary’s official service date on the first page. The Commission Secretary will serve all orders and notices in a proceeding on the representatives of each party designated pursuant to Rule 41 for that proceeding and upon other persons designated by these rules or by the Commission or any Commissioner.

02. Service Of Summonses And Complaints. The Commission Secretary will serve complaints against utilities upon the person designated for that purpose by the utility. All utilities must maintain on file with the Commission Secretary a designation of such a person. Summonses and complaints directed to regulated utilities, motor carriers or other persons may shall be served by registered or certified mail. Writs of summons or subpoena and warrants of attachments directed to all other persons must be served by a person authorized to serve process by statute or by the Idaho Rules of Civil Procedure.

Subsection 01 of this rule recognizes that the Commission may serve its Notices and Orders by United States mail or electronic mail. Electronic mail may be sufficient for many interested persons who desire to receive Notices and Orders but do not desire to receive a printed “hard copy.” The Staff recognizes that parties or persons may desire to continue to receive hard copy versus United States mail. The Staff envisions that the Commission will honor these types of requests. This subsection was also amended to require that the Commission Secretary’s official service date appear on the first page of all Orders and Notices.
Subsection 02 was amended to delete the reference to motor carriers and to note that the Commission Secretary will serve summonses and complaints by registered or certified mail. Given the relatively small number of summonses issued by the Commission on an annual basis, the Staff recommended that complaints and summonses continue to be served by registered or certified U.S. mail.

026. INFORMAL FILES MAY BE INVESTIGATIVE RECORDS (Rule 26).
Files created by the Commission and its Staff in response to informal inquiries or complaints are investigatory records within the meaning of Sections 9-337(4) and 9-340(22)B(1), Idaho Code, are generally exempt from disclosure according to the standards of Sections 9-337 through 9-348, Idaho Code, but are available under Idaho Code. Section 9-342, Idaho Code, to the customer, applicant, utility, carrier, etc., that are the subjects of the investigation.

The proposed changes to this rule correct the citation to the restructured Public Records Act.

039. PERSONS--PERSONS NOT PARTIES--INTERESTED PERSONS (Rule 39).
The term "person" includes natural persons, partnerships, corporations, associations, municipalities, government entities and subdivisions, and any other entity authorized by law to participate in administrative proceedings. Persons other than the persons named in Rules 32 through 37 are not parties for the purpose of any statute or rule addressing rights or obligations of parties. Interested persons for purposes of the Commission Secretary's service of notice under Rules 113, 123, and 202 are municipalities, counties, and chambers of commerce in the area affected by a proceeding and persons who were parties in any proceeding of a similar kind involving the same utility or regulated carrier in the preceding three years. This rule defines interested persons for purposes of Rules 113, 123, and 202, but not for purposes of Section 61-626, Idaho Code.

The proposed change to this rule adds counties for purposes of the Commission Secretary’s service of notice.

041. INITIAL PLEADING BY PARTY--LISTING OF REPRESENTATIVES (Rule 41).

01. Designation Of Representative Required. The initial pleading of each party to a proceeding (be it an application, petition, complaint, motion, or answer) must name the party's representative(s) for service and state the representative's('s) mailing and electronic (if available) address(es) for purposes of receipt of all official documents. Service of documents on the named representative(s) by mail or by electronic mail is valid service upon the party for all purposes in that proceeding. If no person is explicitly named as a party's representative, the person signing the pleading will be considered the party's representative.

02. Number Of Representatives. No more than two persons may be designated as a party's representatives for purposes of service or receipt of official documents unless otherwise authorized by order. The Commission may condition such an order upon reasonable terms concerning payment of copying costs and mailing costs to additional representatives.

The Staff envisions that in a person’s initial pleadings in any proceeding, that that person will indicate a preference to receive documents either by regular service or electronic mail. Consequently, subsection 01 is proposed to be amended by including an electronic address for the purpose of service.

049. NOTICE OF PARTIES (Rule 49).
As reasonably necessary in a proceeding, and in any event, at least once in every proceeding, the Commission Secretary will issue to the parties a notice of parties. The notice of parties will list all parties, their representative(s) under Rule 41, their representative's(s') mailing or electronic address(es), exhibit numbers assigned to the parties, and any other information required by the Commission. The Commission Secretary will maintain on file a current list of all parties to a proceeding and issue a revised notice of parties as reasonably necessary to reflect changes in the previous notice of parties.

The proposed amendments to this rule contemplate that the Commission’s Notice of Parties may be used to indicate the manner of service in a case when parties serve documents on one another. For example, the Notice of Parties would not only list the mailing address for the transmission of hard copy but would also (where applicable) list the electronic mailing address.

052. APPLICATIONS--DEFINED--FORM AND CONTENTS (Rule 52).

All pleadings requesting a right, certificate, permit, or authority from the Commission or the award of intervenor funding are called "applications". Applications, other than applications concerning motor carrier authority, must:

01. State Facts. Fully state the facts upon which they are based,

02. Refer To Provisions. Refer to the particular provisions of statute, rule, order, or other controlling law upon which they are based, and

03. Pray For The Order, Authorization, or Certificate Or Permit Sought. Unless otherwise exempted from disclosure by statute, information in applications is public information not exempt from disclosure under Section 9-340C(159), Idaho Code. Applications for motor carrier authority must comply with the Motor Carrier Rules, IDAPA 31.61.01.000 et seq.

The references to motor carriers are deleted. In addition, the citation to the Public Records Act is updated to reflect the current correct citation.

061. FILING DOCUMENTS WITH THE COMMISSION--NUMBER OF COPIES--FACSIMILE TRANSMISSION (FAX) (Rule 61).

The following numbers of documents must be filed with the Commission Secretary:
01. Printed Filings. When filing printed material.

01a. Utilities Cases. In utilities cases (other than security issuances):
ai. Pleadings (applications, petitions, complaints, motions, answers and consent agreements)--an original and seven (7) copies.
bii. Briefs, proposed orders, statements of position, and exceptions under Rule 312--eight (8) copies.
ciii. Prepared testimony and exhibits--nine (9) copies (one (1) copy designated as reporter's copy) plus computer disk as required by Rule 231.05.
div. Discovery-related documents (notice of deposition, production requests, written interrogatories, requests for admission, answers to discovery, explanations in lieu of discovery under Rule 225 and objections to discovery)--three (3) copies except as requested pursuant to Rule 229.
02b. Regulated Carrier Cases And Security Issuances. In regulated carrier and security issuance cases:
ai. Pleadings--an original and four (4) copies.
bii. Other documents except for discovery-related documents--five (5) copies.
ciii. Discovery-related documents--three (3) copies.

02. FAX Filings. Pleadings (including supporting affidavits, memoranda, etc.) not exceeding ten (10) pages in length, notice of taking depositions, notices of withdrawal of party or of withdrawal of representative, stipulations, and documents requiring urgent or immediate action by the Commission may be filed with the Commission Secretary by facsimile transmission (FAX). Whenever any such document is filed by FAX, originals must be delivered to the Commission by overnight mail on the next working day. The use of FAX is prohibited to file prepared testimony and exhibits, requests for or answers to discovery (other than notices of taking deposition), or any other documents except as authorized by this paragraph.

The references to motor carriers are deleted.

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 9-340D, Idaho Code.

02. Form. In addition to the requirements of Rule 62 (except 62.01.a), information that is alleged to be trade secrets, confidential or otherwise exempt from public disclosure shall be served upon the Commission and other parties in either printed or electronic format.

a. If in printed form, the page(s) containing the trade secret or confidential information shall be reproduced on colored paper that is clearly distinguishable from white paper. Each page shall be marked as “TRADE SECRETS” or “CONFIDENTIAL.”

b. If in electronic form, the trade secret or confidential information shall be reproduced separately on a DOS formatted three and one-half (3.5") inch 1.44 mb diskette and not included with other material electronically filed. Each diskette containing trade secret or confidential information shall be clearly identified with the case caption, case number, title of document and marked as “TRADE SECRETS” or “CONFIDENTIAL.”

03. Procedure. Whenever a party believes that information contained in pleadings or other documents are trade secrets, confidential or otherwise exempt from public disclosure, the attorney of such party designated by Rule 41 must state in writing that the information is protected by law from public inspection, examination or copying, citing the specific grounds and legal authority for that assertion. Documents containing trade secrets or confidential information shall be separated from documents not containing trade secrets or confidential information. Trade secrets or confidential information contained in documents will be removed and replaced with a page marked “This page allegedly contains trade secrets or confidential material and is separately filed.” All materials for which no assertion of protection from public inspection, examination and copying is made will be placed in files available for public inspection. Trade secrets, confidential information and other records exempt from public inspection will be separately stored and safeguarded from public disclosure.
04. Protective Agreements. In proceedings before the Commission involving trade secrets or other confidential information, parties may enter into protective agreements to facilitate and safeguard the exchange of necessary information. Protective agreements may include procedures for copying, exchanging, serving, safeguarding, or challenging the characterization of trade secrets or confidential information. The Commission shall not be a party and will not be bound by the terms of a protective agreement.

Staff proposes that the Commission adopt this new rule dealing with the processing of trade secrets or other confidential information that is exempt from public inspection, examination and copying pursuant to the Public Records Law, Idaho Code §§ 9-340A through 9-340D. As envisioned in the definition section, the Staff recognizes that there are two basic kinds of information that is restricted from public review: (1) trade secrets; and (2) other confidential information identified in the Public Records Act. Subsection 02 implements measures to distinguish confidential information from other information, which is available for public review. In a printed format, exempt information will be reproduced on colored paper and specifically marked as trade secrets or confidential information. In electronic form, trade secrets or confidential information shall be separately contained on a 3.5-inch diskette. Each diskette containing information exempt from public disclosure shall be clearly identified with the case caption, case number, title of document and appropriate markings.
Subsection 03 proposes various procedures for submitting trade secrets or confidential information. Whenever a party believes that such information is exempt from public disclosure, the attorney for such party must state in writing that the information is protected by law from public inspection citing the specific grounds and legal authority for that assertion. This subsection provides that the Commission shall separate trade secrets and confidential information from other information that is available for public inspection. Trade secrets and confidential information will be separately stored and safeguarded by the Commission. All material for which no assertion of protection is made will be placed in files available for public inspection.
Subsection 04 recognizes that parties may enter into protection agreements to facilitate and safeguard the exchange of non-disclosable information. As in the case with other settlement agreements, this subsection provides that the Commission shall not be a party to such protective agreements nor will it be bound by the agreement.

072. FORM AND CONTENTS OF PETITIONS TO INTERVENE (Rule 72).
Petitions to intervene must comply with Rules 41, 61, and 62. The petition must set forth the name and address of the petitioner and clearly and concisely state the direct and substantial interest of the petitioner in the proceeding. If affirmative relief is sought, the petition must state the relief sought and the basis for granting it. Applications for intervenor funding should be made in a separate document from the petition to intervene. Intervenors in motor carrier matters must also comply with the Motor Carrier Rules, IDAPA 31.61.01.000, if applicable.

Deletes references to motor carriers.

076. PUBLIC WITNESSES (Rule 76).

Persons not parties and not called by a party who testify at hearing are called "public witnesses". Public witnesses do not have parties' rights to examine witnesses or otherwise participate in the proceedings. Subject to Rules 249 and 251, public witnesses have a right to introduce evidence at hearing by their written or oral statements and exhibits introduced at hearing, except that public witnesses offering expert opinions at hearing or detailed analysis or detailed exhibits must comply with Rule 231 with regard to filing and service of testimony and exhibits to the same extent as witnesses of parties. Public witnesses' written or oral statements and exhibits are subject to examination and objection. Public witnesses in motor carrier matters must comply with applicable Motor Carrier Rules, IDAPA 31.61.01.000 et seq.

Delete references to motor carriers.

102. NOTICE OF PETITION FOR DECLARATORY ORDERS (Rule 102).

Notice of petition for declaratory ruling will be issued to all affected utilities or summarized for affected common carriers in the Summary of Motor Carrier and Rail Activities. Orders disposing of the petition will be served on all affected utilities or summarized for affected common carriers in the Summary of Motor Carrier and Rail Activities.

Delete references to motor carriers.

111. FORM AND CONTENTS--NEW UTILITY (Rule 111).

Applicants for the issuance of a certificate of convenience and necessity for a new utility under Section 61-526, Idaho Code, or Commission order,(other than for motor carriers) must submit the data required by this rule (where relevant) with their applications. Applications for motor carrier permits are governed by the Motor Carrier Rules, IDAPA 31.61.01.000 et seq.

01. Name, Address And Form Of Business.
a. If the applicant is a sole proprietor:
i. The name, and business address and electronic address of the applicant; and
ii. The business name of the sole proprietorship.
b. If the applicant is a partnership:
i. A list of the names, and business addresses and electronic addresses of all the partners; and
ii. The business name of the partnership.
c. If the applicant is a corporation:
i. A short statement of the character of public service in which it may engage;
ii. The name of the state in which it is incorporated;
iii. Its principal business address, and its principal business address within Idaho and its electronic address;
iv. A certified copy of its articles of incorporation; and
v. If not incorporated in Idaho, a certificate of good standing issued by the Secretary of State of Idaho.

02. Written Explanation Why Service Is Proposed. A statement or prepared testimony and exhibits explaining why the proposed utility service is or will be in the public convenience and necessity.

03. Proposed Operations. A full description of the proposed location, route or routes of the utility service, including a description of the manner of construction, and the names of all public utilities, corporations, or persons with whom the proposed new utility is likely to compete.

04. Maps. A map of suitable scale showing the location of the utility service and its relation to other public utilities in the area that offer or provide similar utility service.

05. Financing Of Construction. A statement of the manner in which the applicant proposes to finance new utility service construction, the time when the applicant proposes to begin construction and the time when the applicant proposes to begin service.

06. Cost Of Service. Estimates of the cost of extending to and the annual cost of serving the territory for which the certificate is sought, of the number of service connections already made or to be made, of the annual revenue from them or expected annual revenue from them, and of anticipated rates and charges.

07. Financial Statement. A financial statement of the applicant.

Deletes the references to motor carriers. The inclusion of the text “or Commission Order” merely notes that the Commission may by Order direct that additional or other information be submitted by new utilities seeking applications for Certificate of Public Convenience and Necessity. Subsection 01 also requests applicants to provide their electronic address (if available).

112. FORM AND CONTENTS--EXISTING UTILITY (Rule 112).

Existing utilities applying for the issuance of or the amendment of a certificate of convenience and necessity under Section 61-526, Idaho Code, (other than a motor carrier) must submit the following data (where relevant):

01. Statement And Explanation. A statement or prepared testimony and exhibits explaining why the proposed construction or expansion is or will be in the public convenience and necessity.

02. Description Of Construction Or Expansion. A full description of the proposed construction or expansion, including the manner of construction or expansion, and if an expansion, the names of all public utilities, corporations, or persons with whom the expanded utility is likely to compete.

03. Map. A map of suitable scale showing the location of the construction or expansion and its relation to other public utilities in the area(s) that offer or provide similar utility service.

04. Financial Statement And Construction Timelines. A statement of the manner in which the applicant proposes to finance the construction or expansion, the time when the applicant proposes to begin the construction or expansion, and the time when the applicant proposes to complete the construction or expansion.

05. Cost Estimates And Revenue Requirements. Estimates of the cost of the construction or expansion, the number of additional customers to be served by the construction or expansion, the revenues to be derived from the construction or expansion, and of the effects of the construction or expansion on revenue requirements.

Deletes reference to motor carriers.

113. NOTICE OF APPLICATION--ORDERS (Rule 113).

Except for motor carriers, nNotice of application for a certificate of convenience and necessity will be issued to all interested persons in all cases in which statute requires formal consideration of the application or in which the Commission intends to conduct formal proceedings to consider the application. Motor carrier applications will be summarized in the Summary of Motor Carrier and Rail Activities.

Deletes the reference to motor carriers.

121. FORM AND CONTENTS OF APPLICATION TO CHANGE RATES (RULE 121).

01. Utility Applications To Change Rates. Applications by any public utility other than a motor carrier to increase, decrease or change any rate, fare, toll, rental or charge or any classification, contract, practice, rule or regulation resulting in any such increase, decrease or change must include the following data:

a. An exhibit showing in full each proposed change in rates, tolls, rentals, charges, rules or regulation by striking over proposed deletions to existing tariffs and underlining proposed additions or amendments to existing tariffs, except applications to increase or decrease all or almost all rates and charges by a uniform percentage or by a uniform amount may be made by filing a tariff listing the proposed change and all unchanged rates and charges or rates and charges not changed by a uniform percentage or a uniform amount, or by use of another designation previously approved by the Commission that clearly calls attention to all proposed changes in numbers or wording.
b. If the application is subject to Rule 122, a complete justification of the proposed increase in the form of testimony and exhibits or a narrative exposition.
c. If the application is subject to Rule 122, when a general change in recurring rates is proposed, a statement showing how the application has been brought to the attention of affected customers under IDAPA 31.21.02.102 or 31.41.02.102.
d. A statement that the applicant stands ready for immediate consideration of the application.
e. If the application is subject to Rule 122, testimony and exhibits showing financial statements, cost of capital and appropriate cost of service studies.
f. Workpapers or documentation showing how test year data were adjusted.
g. If the applicant provides utility service in states other than Idaho or utility service subject to federal regulation, a jurisdictional separation of all investments, revenues and expenses allocated or assigned in whole or in part to Idaho intrastate utility business regulated by this Commission showing allocations or assignments to Idaho.

02. Proposals Based Upon Computer Modeling. In addition, in any application in which a computer model is used to represent or simulate processes from which the revenue requirement is derived or upon which allocations of the revenue requirement to different customer classes are based, complete documentation of all those computer models must be supplied to the Staff, upon request, and be available in the utility's office or other depository. The Staff may request that the computer model itself be provided. A computer model includes the representation or simulation of a process, but does not mean or include the compilation of actual data. The application must state that the documentation of the models already on file in the applicant's office or other depository fully describes the models or that necessary updates or additions to previous documentation that will fully describe the models is on file and will be supplied on request.

03. Grounds For Returning Or Dismissing Application. Failure to comply with Rule 121.01 and 121.02 of this rule is grounds to return or dismiss an application under Rule 65.

04. Motor Carrier Applications. Applications involving changes in the rates of motor carriers are governed by the Motor Carrier Rules, Rule 6, IDAPA 31.61.01.000 et seq.

The amendments to 121.01 and 121.04 deletes reference to motor carriers. The proposed change to subsection 02 clarifies that the Commission Staff may request a copy of a computer model in those instances where utilities use computer models to calculate data pertinent to a case. This change would allow the Commission Staff to request a copy of the data so that it may either verify the data submitted or impute its own data in a model.

122. NOTICE OF INTENT TO FILE A GENERAL RATE CASE (Rule 122).

01. Which Utilities Must File Notice. Utilities with annual gross revenues from retail customers in the State of Idaho exceeding three million dollars ($3,000,000) must file with the Commission a "notice of intent to file a general rate case" at least sixty (60) days before filing a general rate case. If the general rate case described in the notice is not filed within one-hundred twenty (120) days after filing of the notice of intent to file a general rate case, by operation of this rule a notice of intent to file a general rate case will be considered withdrawn unless it is supplemented with a written statement that the utility still intends to file a general rate case of the kind described in its notice of intent to file a general rate case.

02. Exceptions For Trackers, Etc. This rule applies only to general rate increases. Examples of cases outside the scope of this rule include (but are not limited to) fuel, power cost adjustment (PCA), commodity or purchased power tracker rate increases, emergency or other short-notice increases caused by disaster or weather-related or other conditions unexpectedly increasing a utility's expenses, rate increases designed to recover governmentally-imposed increases in costs of doing business, such as changes in tax laws or ordinances, or other increases designed to recover increased expenses arising on short notice and beyond the utility's control.

Adds PCA changes in the list of tracker proceedings.

123. PROPOSED CHANGES TO RATES OR RULES--EFFECTIVE DATE--NOTICE OF APPLICATION--SUSPENSION (Rule 123).

01. Statutory Notice Of Rate Changes. No application by any public utility or regulated common carrier to change any rate, fare, toll, rental, charge or classification, or any rule, regulation, or contract relating to or affecting any rate, fare, toll, rental, charge, classification, or service, or in any privilege or facility, can be effective unless notice is given to the Commission and the public pursuant to Section 61-307, Idaho Code. If the application for such a change proposes an effective date fewer than thirty (30) days after the application is filed, the effective date of the change is delayed until thirty (30) days after the application is filed by operation of Section 61-307, Idaho Code, unless the Commission by order approves an earlier effective date for good cause shown. In the absence of an order approving or suspending any or all such proposed changes, the changes not suspended or approved go into effect thirty (30) days after filing or on their proposed effective date, whichever is later. If no effective date is proposed for the changes, the changes do not go into effect until approved by order.

02. Notice Of Application. Except in the case of motor carriers, wWithin twenty-one (21) days of the date of any application to change any rate, fare, toll, charge, or classification, or any rule, regulation or contract relating to or affecting any rate, fare, toll, rental, charge, classification, or service, or in any privilege or facility, the Commission Secretary will issue a notice of application to all interested persons, unless notice is issued pursuant to modified procedure or the application is earlier approved or described by order.

03. Suspension Of Proposed Rate Changes. At any time before proposed changes take effect pursuant to Sections 61-307, Idaho Code and Rule 123.01 of this rule, the Commission may suspend the effectiveness of the changes pursuant to Sections 61-622 or 61-623, Idaho Code, whichever is applicable. Whenever the Commission suspends proposed changes for less than the maximum period of suspension allowed by statute, it may extend the period of the suspension to the statutory maximum consistent with the statutory standards.

Delete references to motor carriers.

131. FORM OF TARIFFS (Rule 131).

Tariff schedules of utilities other than regulated carriers must show the designation "Idaho Public Utilities Commission" on their title page. A blank space approximately three by one and one-half inches (3" x 1-1/2") must be provided for the Commission's stamp of approval in the upper right or lower right corner of each schedule filed.

Deletes reference to motor carriers.

141. FORM AND CONTENTS OF APPLICATION TO ISSUE SECURITIES (Rule 141).

Except as provided in Rule 142, 147 or Section 61-909, Idaho Code, any utility applying to issue securities under Sections 61-901 et seq. through 61-904, Idaho Code, must submit an application with the following information:

01. Description. A general description of the applicant's field of operations.

02. A Full Description Of The Securities. Including the proposed:
a. Amount;
b. Interest or dividend rates;
c. Date of issue (or statement that the securities will be a shelf registration);
d. Date of maturity;
e. Voting privileges;
f. Call or redemption provisions; and
g. Sinking fund or other provisions for securing payment.

03. A Statement Of The Proposed.
a. Method of marketing;
b. Terms of sale;
c. Underwriting discounts or commissions;
d. Sale price; and
e. Net proceeds to the applicant, including itemized statements of all fees and expenses (estimated if not known) to be paid in connection with the proposed transaction.

04. A Statement Of The Purposes. Statement of the purposes for which the proceeds from the securities will be used, including:
a. A description of the property to be acquired or constructed and a statement of its cost or value (estimated if not known);
b. A description of obligations to be refunded or expenditures for which reimbursement is intended; or
c. Other information advising the Commission of the nature and purposes of the proposed transaction.

05. Statement Of Explanation. A statement explaining why the proposed transaction is consistent with the public interest and necessary or appropriate for or consistent with the applicant's proper performance of service as a public utility.

06. Financial Statement. A financial statement showing the authorized and outstanding classes of the applicant's securities and certified copies of the resolutions of stockholders or directors authorizing the proposed transaction and other instruments relating to the transaction.

07. Proposed Order. A proposed order granting the application, captioned proposed order of applicant, suitable for adoption by reference if the application is granted.

08. Statement Of Public Notice Application. A statement that notice of the application has been published in those newspapers in general circulation in the applicant's service area in Idaho or nearest applicant's service area in Idaho or will be published within seven (7) days of the application. These newspapers are: the Coeur d'Alene Press (Coeur d'Alene), the Idaho Business Review (Boise), the Idaho State Journal (Pocatello), the Idaho Statesman (Boise), the Lewiston Morning Tribune (Lewiston), the Post Register (Idaho Falls), the Preston Citizen (Preston), the Bonner County Daily Bee (Sandpoint), and the Times News (Twin Falls). The Commission may require the applicant to furnish further necessary information.

The changes to this rule recognize that Idaho Code § 61-909 provides that the Commission may exempt certain classes of securities or classes of utilities from the securities filing procedure contained in Rule 141.

145. REQUESTS FOR EXPEDITIOUS ACTION (Rule 145).

If a pleading requests the Commission to issue an order authorizing issuance of securities sooner than thirty (30) days after initial filing with the Commission, each copy of the pleading making that request must be accompanied by a cover letter stating the following:
ATTENTION COMMISSION SECRETARY AND HEAD LEGAL SECRETARY:  (Name of party) requests that the Commission issue anOrder approving issuance of these securities on or before _____ ,19__[date].

The text for 145 clarifies the filling in of the blank date.

147. EXEMPTION (Rule 147).
Pursuant to Section 61-909, Idaho Code, the Commission may by order exempt any security or a class of security or a class of public utility from the provisions of Sections 61-902 through 61-905, Idaho Code, if it finds the public interest will not be adversely affected. See Commission Order No. 26959.

The Staff recommends that the Commission adopt this new rule which recognizes that the Commission may by Order exempt any security, class of securities or class of public utility from the security provisions of Idaho Code §§ 61-902 through 61-905. The rule also contains a reference to the Order where the Commission has actually adapted the procedures for requesting an exemption.

162. FORM AND CONTENTS OF PETITION FOR INTERVENOR FUNDING (Rule 162).

An application for intervenor funding must contain the following:
01. Itemized List Of Expenses. An itemized list of expenses that the intervenor requests to recover broken down into categories such as legal fees, witness fees, or reproduction fees. Legal and witness fees shall, where applicable, indicate hourly rates.

02. Statement Of Proposed Findings. A statement of the intervenor's proposed finding or recommendation that the intervenor wishes the Commission to adopt.

03. Statement Showing Costs. A statement showing that the costs that the intervenor proposes to recover are reasonable in amount.

04. Explanation Of Cost Statement. A statement explaining why the costs described in Rule 162.031 constitute a significant financial hardship for the intervenor.

05. Statement Of Difference. A statement showing how the intervenor's proposed finding or recommendation described in Rule 162.02in the case differs materially from the testimony and exhibits of the Commission Staff.

06. Statement Of Recommendation. A statement showing how the intervenor's recommendation or position addressed issues of concern to the general body of utility users or consumers, and

07. Statement Showing Class Of Customer. A statement showing the class of customer on whose behalf the intervenor appeared.

The proposed changes to this rule correct a typo and require that the itemization of expenses for legal and professional witnesses shall indicate hourly rates.

201. SCOPE OF MODIFIED PROCEDURE (Rule 201).

The Commission may preliminarily find that the public interest may not require a hearing to consider the issues presented in a proceeding and that the proceeding may be processed under modified procedure, i.e., by written submissions rather than by hearing. The scope and procedure of modified procedure in motor carrier matters are governed by the Motor Carrier Rules, IDAPA 31.61.01.000 et seq.

Deletes reference to motor carriers.

202. NOTICE OF MODIFIED PROCEDURE (Rule 202).

01. Notice Of Modified Procedure. When the Commission finds that it may not be in the public interest to hold a hearing in a matter, notice of modified procedure will be issued. It will:
a. Describe the issues presented in the proceeding,
b. Summarize the moving party's justification for the proposed changes and its position,
c. State that the Commission finds that it may be in the public interest not to hold a hearing in the proceeding and will not do so unless it receives written protests or comments opposing the use of modified procedure and stating reasons why modified procedure should not be used, and
d. Establish the deadline for filing written protests or comments with the Commission.

02. Distribution Of Notice. Except in motor carrier matters, cCopies of the notice of modified procedure will be mailedforwarded to all interested persons, including newspapers, municipalities, counties, and chambers of commerce located within the territorial scope of the application, petition or complaint whose readers, citizens or members may be affected by the proceedings and to all parties. Unless otherwise provided by the notice of modified procedure, all interested persons will have at least twenty-one (21) days from the date of the notice to file a written protest or comment. Motor carrier matters will be summarized in the Summary of Motor Carrier and Rail Activities.

Deletes references to motor carriers.

231. PREPARED TESTIMONY AND EXHIBITS (Rule 231).

01. Prepared Testimony May Be Required. Order, notice or rule may require a party or parties to submit prepared testimony and exhibits to be presented at hearing.

02. Format For Prepared Testimony.
a. Prepared testimony and exhibits must be accompanied by a cover sheet showing the case caption and case title, the person testifying, the party for whom the testimony is offered, and the nature of the testimony (direct, rebuttal, etc.).
b. The first page of prepared testimony should contain testimony only (i.e., it should begin with the first question to the witness and not repeat the information on the cover page).
c. Prepared testimony must be submitted on white eight and one half by eleven inch (8-1/2" x 11") paper, be double-spaced (except for quoted material and tables or other collections of numerical data), and contain no more than ten (10) characters per inch and no more than twenty-five (25) lines of double-spaced testimony per page.
d. Each line of prepared testimony must be numbered at the left margin (except single spaced quotations or tables of numerical data, which may be numbered at the left margin as though they were double spaced). Each page of testimony must have a one and one-half (1-1/2) inch left margin that will allow the page to be bound on its left side without obscuring the printed material. Indentations for paragraphing and for "Q" and "A" must be seven (7) spaces.
e. Each page of prepared testimony must be numbered at the lower right corner and must be blank in the center of the bottom margin to allow the reporter to insert transcript page numbers there. Each page of prepared testimony must have at least a one-inch (1") top and bottom margin.
f. Each page of prepared testimony must contain the witness's surname followed by the designation "Di" (signifying direct testimony) or "Di-Reb" (signifying direct testimony on rebuttal) and the name of the party sponsoring the testimony printed in the lower right margin. For example, the marginal notation on page 5 of the testimony of the witness Lynn Accountant of ABC Company would be:
5
Accountant, Di or Accountant, Di 5
ABC Company ABC Company

03. References To Exhibits. All references to exhibits in prepared testimony must refer to the exhibits by their number as assigned by the Commission Secretary. Exhibits accompanying prepared testimony must be consecutively numbered from the first exhibit number assigned to the party by the Commission Secretary if the party has not previously identified exhibits, or from the highest exhibit number previously identified by that party. Exhibits must be filed on eight and one half by eleven inch (8-1/2" x 11") paper unless it is impractical to make them that size. Exhibits accompanying prepared testimony must comply with Rule 267.

04. Number Of Copies--Filing And Service. Unless otherwise provided by order, notice or agreement of the parties, nine (9) legible copies of prepared testimony and exhibits must be filed with the Commission Secretary and copies filed on all parties pursuant to Rules 61, 62, 63 and 64 at least fourteen (14) days before the hearing at which they will be presented. The original, if there is an original, or one of the copies, if there is not, must be specifically designated as the reporter's copy by cover sheet, attached note or otherwise, and be included with the copies filed with the Commission Secretary. In special circumstances, notice or order may provide that the reporter's copy of prepared testimony and exhibits be served directly on the reporter rather than the Commission Secretary.

05. Computer-Readable Copies Of Testimony. In addition to the paper copies of prepared testimony, the Commission Secretary may also require some or all of the prepared testimony to be submitted to the secretary or the reporter in computer-readablesearchable disks in ASCII format.

Proposed changes improve the clarity for the requirement. The Supreme Court’s Appellate Rule still requires that the Commission’s reporter prepare computer-searchable disks in a format prescribed by the secretary.

233. ASSERTIONS THAT DISCOVERED MATERIAL IS NOT AVAILABLE FOR PUBLIC INSPECTIONS--PROCEDURES (Rule 233).

01. Assertion of Protection. Whenever any party to a request for discovery believes that material otherwise discoverable is protected by statute or rule of law from inspection, examination or copying by the general public, the attorney or other representative of for the party designated by Rule 41 for the person asserting the material is protected by law from inspection, examination or copying must state that the answer or some portion of it is protected, citing the specific statute or other legal authority for that position. When an answer contains material, some of which is protected by law from public inspection, examination and copying and some of which is not, the protected material must be specifically identified. The attorney's or other representative's assertion constitutes a representation the representative that the attorney is familiar with the material claimed not to be available for public inspection, examination and copying and in good faith believes there is a basis in law for that claim.

02. Procedures. When an answer contains material, some of which is protected by law from public inspection, examination and copying and some of which is not, the protected material must be reproduced on colored paper and separated from material available for public review. Each page of the material exempt from public review must be marked “Trade Secret” or “Confidential.” All material exempt from public review shall be filed with the Commission Secretary and served on all parties under seal pursuant to Rule 229. All material for which no assertion of protection against public inspection, examination and copying is made will be placed in files available for public inspection.

The proposed changes to this rule add structure and clarify the procedures for making assertions that discovery material is protected from public inspection, examination and copying. As was the case with Rule 67. Subsection 01 also makes clear that assertion regarding the appropriate classification of material allegedly claim to be trade secrets or confidential information is made by an attorney licensed to render such legal opinion. Subsection 02 mirrors the provisions for submitting such information and provides that such material shall be kept under seal. It is not Staff’s intent that assertions of trade secrets will deny parties the right to discover information that may be relevant or lead to relevant evidence but recognizes that parties may have a legitimate expectation that sensitive information not be disclosed to the public where permitted by law.

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:

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.

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.

The proposed changes to 243 recognize that there may be instances where the Commission may be required to partially close a hearing to safeguard the use of trade secrets or other confidential information in a Commission proceeding. The rule states that the Commission disfavors closed hearings and that parties should take all reasonable measures to avoid the need to close a public hearing. The rule is also restructured.

263. OFFICIAL NOTICE (Rule 263).

01. Matters That May Be Officially Noticed. The Commission may officially note at hearing and in its orders:

a. (1) Its own orders, notices, rules, certificates and permits, and (2) those of any other regulatory agency, state or federal;
b. (1) matters of common knowledge, (2) technical, financial, or scientific facts established and published in accepted authorities or in the Commission's specialized knowledge, and (3) matters judicially noticeable; and
c. Data contained in periodic reports of regulated utilities or carriers filed with the Commission or federal regulatory agencies.

02. Procedure For Taking Official Notice. When officially noting on its own motion matters described in Rule 263.01.b.(2) or 263.01.c. or adjudicative facts under Rule 263.01.b.(3) of this rule, the Commission will give the parties appropriate opportunity to respond or refute such matters noticed. Unless otherwise agreed by the parties and approved by the presiding officer, parties requesting the Commission to take official notice of documents must submit those documents to the Commission in the manner prescribed for documents in Rule 262.

Deletes reference to motor carriers.

267. EXHIBITS (Rule 267).

01. Exhibit Numbers. Exhibit numbers are assigned to the parties before hearing according to Rule 230.

02. Form Of Exhibits. Public Eexhibits offered at hearing must ordinarily be typed or printed on eight and one half by eleven inch (8 1/2" x 11") white paper, except maps, charts, photographs and non-documentary exhibits may be introduced on the size or kind of paper customarily used for them. Exhibits that are trade secrets, confidential information or otherwise exempt from public review shall be printed on colored paper. A copy of each documentary exhibit must be furnished to each party present, to the reporter, and to each Commissioner or hearing examiner, except for unusually bulky or voluminous exhibits that have previously been made available for the parties' inspection. Copies must be of good quality.

03. Timely Filing Of Exhibits. Exhibits offered as part of a party's direct case (except exhibits offered on redirect examination) must be timely filed. Exhibits filed pursuant to any order, notice or rule requiring their filing before hearing are timely filed. Otherwise, exhibits must be distributed or made available to all parties long enough before their introduction into evidence to allow the parties a reasonable opportunity to review them and to prepare to examine their substance, except those exhibits that update exhibits previously timely filed may be filed so long as fair opportunity is afforded other parties to examine the sponsoring witnesses about the updated material.

04. Objection--Admission. Exhibits identified at hearing are subject to appropriate and timely objection before the close of proceedings. Exhibits to which no objection is made are automatically admitted into evidence without motion of the sponsoring party.

05. Labeling Of Exhibits. All exhibits accompanying prepared testimony, exhibits introduced during direct examination of a party's witnesses, and, to the extent practicable, all other exhibits introduced at hearing must label the exhibit number, case number, party and witness sponsoring the exhibit, and any subdivisions within the exhibit, such as separate schedules or charts. Examples of labeling required by this rule are:

Exhibit No. 101 Exhibit No. 507
Case No. XXX-X-XX-XX Case No. XXX-X-XX-XX
P. Engineer, Staff L.Accountant, ABC Company
Schedule 1, p. 1 of 3

Exhibits prepared for the proceeding must contain this labelling on each page of the exhibit. Exhibits reproducing previously existing documents may contain a cover page with this labelling, but need not be labelled on each page.

06. Sources For Exhibits. Exhibits prepared from data in workpapers, answers to discovery, periodicals, reports or other documentable sources of information must contain a statement of sources. Examples of the statements of sources required by this rule are:
P. Engineer, Workpapers - Answer of XYZ Utility
to First Tab A, pages 1-47 Production Request of ABC
Company, Question 13

Moody's Public Utility - XYZ Utility, FERC Form 1 (1993)
Manual p. 402a 1993 Vol. 1, p. 606

Exhibits especially prepared for introduction into evidence in a proceeding (i.e., exhibits not otherwise prepared or in existence) should be descriptively titled to show their contents and purpose.

07. Certain Exhibits Require Presiding Officer's Approval. Neither motion pictures, slides, opaque projections, video tapes, audio tapes nor other materials not capable of duplication by still photograph or reproduction on paper shall be presented as exhibits without prior approval of the presiding officer. Writing, sketching and drawing on blackboards or other similar surfaces by witnesses presenting testimony do not constitute an exhibit or evidence in the proceeding unless the writing, sketching or drawing is reproduced, photographed, or otherwise preserved for the record.

The change to 267.02 recognizes that exhibits may contain trade secrets or confidential information and that such material is subject to safeguarding.

282. THE COMMISSION SECRETARY'S OFFICIAL FILE (Rule 282).

01. Documents In File. The Commission Secretary's official file for a proceeding is the public file maintained by the Commission Secretary. This file includes all documents filed with regard to a proceeding, whether filed by parties or other persons, and includes (but is not limited to) pleadings, discovery and related materials, briefs, proposed orders, statements of position, correspondence concerning the proceeding directed to the Commission, a Commissioner, or the Commission Secretary (whether by parties or persons not parties), prepared testimony and exhibits, workpapers, transcripts, exhibits presented at hearing, orders, notices, press releases, and other matters pertaining to or related to a proceeding and included in the public files of that proceeding by the Commission Secretary.

02. Public Records. Except as provided in Rules 26, 67, and 2343, and 287, which refer to statutory exemptions from disclosure, all material in the Commission Secretary's Official File is subject to inspection, examination and copying under Section 9-338, Idaho Code. In particular, information obtained in an application for a certificate or permit issued by this Commission inquiring into a person's fitness to be granted or to retain a certificate or permit is not exempted from examination or copying under Section 9-340(15)C(9), Idaho Code, but may be exempted under other statutes.

The change to 282 deletes obsolete references to permits and recognizes that the Commission may maintain records that are not public information. In addition, the out of date reference to the Public Records Act is updated to the current citation.

287. SEALED TRANSCRIPTS (Rule 287).
At the direction of the Commission or the presiding officer, the reporter shall prepare a separate transcript volume(s) of closed proceedings involving trade secrets, confidential information or other matters exempt from public disclosure. The reporter shall file the separate transcript volume(s) under seal.

The Commission Staff recommends that the Commission adopt this rule that basically provides that transcripts of proceedings involving trade secrets or other confidential information may be exempt from public disclosure as the case of written records. A reporter shall file the separate transcript under seal to safeguard the unauthorized disclosure of trade secrets and confidential information.

331. PETITIONS AND CROSS-PETITIONS FOR RECONSIDERATION (Rule 331).

01. Petition For Reconsideration. Within twenty-one (21) days after the service date of issuance of any final order or rule, any person interested in a final order or rule any issue decided in a final order of the Commission may petition for reconsideration. Petitions for reconsideration must set forth specifically the ground or grounds why the petitioner contends that the order or rule any issue decided in the order is unreasonable, unlawful, erroneous or not in conformity with the law, and a statement of the nature and quantity of evidence or argument the petitioner will offer if reconsideration is granted. See Section 61-626, Idaho Code.

02. Cross-Petition For Reconsideration. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration in response to any issues raised in the petition for reconsideration. Cross-petitions for reconsideration must set forth specifically the ground or grounds why the cross-petitioner contends that the order or rule is unreasonable, unlawful, erroneous or not in conformity with the law, and a statement of the nature and quantity of evidence or argument that the cross-petitioner will offer if reconsideration is granted. See Section 61-626, Idaho Code.

03. Methods Of Reconsideration Requested. The petition or cross-petition must state whether the petitioner or cross-petitioner requests reconsideration by evidentiary hearing, written briefs, comments, or interrogatories.

04. Timely Filing--Mailbox Rules. A petition for reconsideration is timely within the meaning of Section 61-626, Idaho Code, if it is filed with the Commission or postmarked no later than twenty-one (21) days after the date of service of the final order. Whenever a petition for reconsideration is not personally filed with the Commission Secretary within twenty-one (21) days of the date of service of the final order or is not mailed at least three (3) days before that date, on the day the petition for reconsideration is mailed, the petitioner should notify the Commission Secretary and all other parties by telephone that the petition for reconsideration has been mailed. Whenever a petition for reconsideration is mailed, rather than personally delivered, and it is not postmarked within eighteen (18) days from the date of service of the final order, the petitioner should notify the Commission Secretary and all other parties by telephone that the petition for reconsideration has been mailed. A cross-petition for reconsideration is timely filed within the meaning of Section 61-626, Idaho Code, if it is filed with the Commission or postmarked no later than seven (7) days after the petition for reconsideration to which it responds is received in the Office of the Commission Secretary. Whenever a cross-petition for reconsideration is not personally filed with the Commission Secretary within seven (7) days of the date of receipt of the petition for reconsideration by the Commission Secretary or is not mailed at least three (3) days before that date, on the day the cross-petition for reconsideration is mailed, the cross-petitioner should notify the Commission Secretary and all other parties by telephone that the cross-petition for reconsideration has been mailed.Whenever a cross-petition for reconsideration is mailed, rather than personally delivered, and is not postmarked within four (4) days from the date of receipt of the petition for reconsideration by the Commission Secretary, the cross-petitioner should notify the Commission Secretary and all other parties by telephone that the cross-petition for reconsideration has been mailed.

05. Answers To Petitions For Reconsideration. Answers to petitions for reconsideration (pleadings that disagree with a petition for reconsideration, but do not ask for affirmative relief from the Commission's orders) must be filed according to the procedures for cross-petitions for reconsideration.

The analysis for 331 indicates that Staff recommends changes to clarify that reconsideration may apply to any issue decided in any final Order. In addition, the deletion of the word “rule” eliminates an inconsistency within the Commission’s Rules of Procedure. As noted in the Commission’s existing Rule 401, the Commission adopts the Attorney General’s Rules of Procedure regarding ratemaking. The Attorney General’s rules do not contemplate that persons have an opportunity to petition for reconsideration. Instead, persons aggrieved by final rules may seek judicial review as provided in the Attorney General’s rules and the Administrative Procedures Act. Finally, the changes include changes designed to make the timely filing under the Mailbox Rules more clear.

343. PREPARATION OF APPELLATE RECORD (Rule 343).

The Commission by order may correct the title of an appeal to properly designate all parties as appellants, cross- appellants, respondents, or cross-respondents and to omit those designations for parties before the Commission who are not parties on appeal. All requests for a transcript on appeal must be served on the reporter and on the Commission Secretary. Reporter's fees under Idaho Appellate Rule 24(ec) should be paid directly to the reporter, not to the Commission Secretary. The Secretary's fees under Idaho Appellate Rule 27(b) for preparation of the agency's record are the same fees provided in that rule for the clerk of the district court to charge for preparation of the clerk's record.

Corrects reference to the Idaho Appellate Rules.

B. Title 62 Rules

202. INFORMATION TO BE INCLUDED IN NOTICE TO COMMISSION (Rule 202).

01. Notice To Be Filed. All telephone corporations described in Section 62-604(1)(a), Idaho Code, are required by Section 62-604(1)(b), Idaho Code, to file a notice with this Commission before offering telecommunications services intrastate in Idaho. This notice must be filed by all telephone corporations, except mutual nonprofit or cooperative corporations, that did not on January 1, 1988, hold a certificate of public convenience and necessity issued by the Commission and that do not provide basic exchange service. Telephone corporations that must file this notice include MTS or WATS companies, resellers of MTS or WATS services, operator service providers, etc., not already certified by the Commission under Idaho Code Title 61, but this sentence does not exclude other categories of telephone corporations from this filing requirement.

02. Contents Of Notice. The notice must contain the following information:
a. The name of the telephone corporation and the business name of the telephone corporation if it does business under an assumed business name;
b. The address of the principal place of business of the telephone corporation, and, if there is a principal place of business in Idaho, the address of the principal place of business in Idaho, and the electronic address;
c. An agent in Idaho for service of process by the Commission in the state of Idaho, including the agent’s Idaho address and electronic address (if any);
d. A description of the telecommunication services offered by the telephone corporation and a map of the area(s) served by the telephone corporation or in which the telephone corporation offers or intends to offer service;
e. Address(es) and toll-free telephone number(s) for personnel responsible for handling consumer inquiries, complaints, etc., by the public; and
f. Name(s), address(es), and telephone number(s) of person(s) designated as a contact for the Commission Staff in resolving consumer complaints, responding to consumer inquiries, and answering matters concerning rates and price lists or tariffs. These notices must be updated at least annually, between December 1 and December 31 each year, and whenever there is a change in the telephone corporation's name, address, or agent for service of process. The Commission Secretary will provide forms for these notices.

03. Service. Notices, orders, rules, complaints and other documents issued by the Commission may be served by United States or electronic mail on the agent for service of process listed pursuant to Rule 202.012.c. of this rule. This service constitutes due and timely notice to the telephone corporation, and no further service is necessary to bind the telephone corporation. Telephone corporations obligated by statute to file the notice required by Rule 202.02 of this rule, but failing to do so, are bound by the Commission's motions, orders, rules, complaints and other documents upon their filing with the Commission Secretary.

Subsection 03 of this rule recognizes that the Commission may serve its Notices and Orders by United States mail or electronic mail. Electronic mail may be sufficient for many interested persons who desire to receive Notices and Orders but do not desire to receive a printed “hard copy.” The Staff recognizes that parties or persons may desire to continue to receive hard copy versus United States mail. The Staff envisions that the Commission will honor these types of requests.

M:01-01_42-01_dh_dmemo
In addition to the proposed changes to the Commission’s Rules of Procedure, its Public Records Rules are also in the process of being updated to reflect the new citations. IDAPA 31.02.01.000.

DECISION MEMORANDUM 31