Idaho Administrative Code — Public Utilities Commission

IDAPA 31 Public Utilities Commission

31.36.01 Policies and Presumptions for Small Water Companies

IDAPA 31.36.01.000 Legal Authority (rule 0)

These rules are adopted under the general l egal authority of the Public Utilities Law, chapters 1 through 7, Title 61, Idaho Code, and the specific authority of Sections 61-301, 61-302, 61-303, 61-315, 61-501, 61-502, 61-503, 61-507, 61-508, 61-515, 61-520, and 61-523, Idaho Code, with regard to valuation and service.(3-31-22)

IDAPA 31.36.01.001 Title and Scope (rule 1)

The name of this chapter is “Policies and Presumptions for Small Water Companies.” This chapter has the following scope: All small water companies created or certified after the effective date of these rules (November 1, 1987) are subject to the policies and presumptions of these rules.(3-31-22)

IDAPA 31.36.01.002 Written Interpretations – Agency Guidelines (rule 2)

Written interpretations to these rules can be obtained from t he Secretary of the Idaho Public Utilities Commission and are available from the office of the Commission Secretary.(3-31-22)

IDAPA 31.36.01.003 Administrative Appeals (rule 3)

There are no administrative appeals under these rules because they are not procedural rules. If an issue should arise calling for a proceeding to apply these rules, that proceeding would be conducted under the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.(3-31-22)

IDAPA 31.36.01.004 (Reserved)

IDAPA 31.36.01.005 Definitions (rule 5)

As used in these rules, water utility, water company, or w ater corporation means a “water corporation” as defined by statute in Chapter 1, Title 61, Idaho Code, and orders of the Idaho Public Utilities Commission and decisions of the Supreme Court of Idaho construing those statutes.(3-31-22)

IDAPA 31.36.01.006 (Reserved)

IDAPA 31.36.01.101 Small Water Companies Defined (rule 101)

Small water companies are water corporations as defined by the Public Utilities Law that:(3-31-22)

01.Gross Revenue. Have or anticipate not more than fifty thousand dollars ($50,000) annual gross revenues from water operations, or(3-31-22)

02.Customer Base. Provide service to fewer than three hundred (300) customers or propose initially to provide service to fewer than three hundred (300) customers.(3-31-22)

IDAPA 31.36.01.102 Presumption of Contributed Capit

AL (RULE 103).

In issuing certificates for a small water company or in setting rates for a small water company, it will be presumed that the capital investment in plant associated with the system is contributed capital, i.e., that this capital investment will be excluded from rate base.(3-31-22)

IDAPA 31.36.01.103 (Reserved)

31.46.01 Universal Service Fund Rules

IDAPA 31.46.01.000 Legal Authority (rule 0)

These rules are adopted under the general legal authority of t he Telecommunications Act of 1988, Chapter 6, Title 62, Idaho Code, and the specific authority of Section 62-610, Idaho Code.(3-31-22)

IDAPA 31.46.01.001 Title and Scope (rule 1)

The title of these rules is “Universal Service Fund Rules.” Thei r scope is that they apply to all telephone corporations’ collection of and payment of monies to fund the Universal Service Fund, to all disbursements from the Universal Service Fund, to all actions by the Universal Service Fund Administrator, and to any other matter that may involve the Universal Service Fund.(3-31-22)

IDAPA 31.46.01.002 Written Interpretations – Agency Guidelines (rule 2)

Written interpretations to these rules can be obtained from t he Secretary of the Idaho Public Utilities Commission and are available from the office of the Commission Secretary.(3-31-22)

IDAPA 31.46.01.003 Administrative Appeals (rule 3)

Any telephone corporation aggrieved by any decision of t he Universal Service Fund Administrator or the Commission Staff under these rules may petition the Commission to review the decision of the Administrator or the Commission Staff by filing a formal petition according to the Commission’s Rules of Procedure, IDAPA 31.01.01.000, et seq.(3-31-22)

IDAPA 31.46.01.004 (Reserved)

IDAPA 31.46.01.005 Definitions (rule 5)

01.Basic Local Exchange Service. “Bas ic local exchange service” means the provision of access lines to residential and small business customers with the associated transmission of two-way interactive switched voice communication within a local exchange area. See Section 62-603(1), Idaho Code.(3-31-22)

02.Basic Local Exchange Rate. “Basic local exchange rate” means the monthly charge imposed by a telephone corporation for basic local exchange service, but does not include any charges resulting from action by a federal agency or taxes or surcharges imposed by a governmental body that are separately itemized and billed by a telephone corporation to its customers. See Section 62-603(2), Idaho Code.(3-31-22)

03.Business Telephone Service. “Business telephone service” means telecommunication service that is not residential telephone service.(3-31-22)

04.Local Exchange Company (LEC). “Local exchange company” (LEC) is a telephone corporation providing local exchange service to customers in Idaho.(3-31-22)

05.Local Exchange Service. “Local exchange service” means the provision of local exchange access lines to residential or business customers with the associated transmission of two-way interactive switched voicegrade transmission within a local exchange area.(3-31-22)

06.Message Telecommunication Service (MTS). “Message telecommunication service (MTS)” means the transmission of two-way interactive switched voice communication between local exchange areas for which charges are made on a per-unit basis, not including wide area telecommunications service (WATS), or its equivalent, or individually negotiated contracts for telecommunication services. See Section 62-603(6), Idaho Code.

07.MTS/WATS Company. “MTS/WATS company” means a telephone corporation providing Idaho intrastate MTS or WATS services within the definition of Section 62-603(6), Idaho Code.(3-31-22)

08.Residential Customer. “Residential customer” means a person to whom telecommunication services are furnished at a dwelling and which are used for personal or domestic purposes and not for business, professional or institutional purposes. See Section 62-603(a), Idaho Code.(3-31-22)

09.Residential Telephone Service. “Residential telephone service” means telecommunication service furnished and maintained at a dwelling primarily for personal or domestic purposes and not for business, professional or institutional purposes, i.e., service provided to a residential customer as defined in Section 62-603(7), Idaho Code.

10.Residual Revenue Requirement. “Residual revenue requirement means a local exchange company’s revenue requirement as determined by the Commission less revenue generated by all intrastate telecommunication services, including local exchange services priced at one hundred twenty-five percent (125%) or more of the weighted statewide average and MTS/WATS access services priced at one hundred percent (100%) or more of the statewide average, less contributions from the federal universal service fund. See Section 62-610(4), Idaho Code.(3-31-22)

11.Small Business Customer. “Small business customer” means a business entity, whether an individual, partnership, corporation or any other business form, to whom telecommunication services are furnished for occupational, professional or institutional purposes, and whose business entity does not subscribe to more than five (5) access lines within a building. See Section 62-603(a), Idaho Code.(3-31-22)

12.Telecommunication Service. “Telecommunication Service” means the transmission of two-way interactive switched signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, light waves, or other electromagnetic means (which includes message telecommunication service and access service), which originate and terminate in Idaho, and are offered to or for the public, or some portion thereof, for compensation. “Telecommunication Service” does not include the one-way transmission to subscribers of:

a.Video programming; or(3-31-22)

b.Other programming service, and subscriber interaction, if any, which is required for the selection of such a video programming or other programming service, surveying, or the provision of radio paging, mobile radio telecommunication services, answering services (including computerized or otherwise automated answering or voice message services), and such services shall not be subject to the provisions of Title 61, Idaho Code, or Title 62, Idaho Code. See Section 62-603(9), Idaho Code.(3-31-22)

13.Telephone Corporation. “Telephone corporation” means every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, providing telecommunication services for compensation within Idaho. Telephone corporations providing radio paging, mobile radio telecommunications services, answering services (including computerized or otherwise automated answering or voice message services), or one-way transmission to subscribers of:(3-31-22)

a.Video programming; or(3-31-22)

b.Other programming service, and subscriber interaction, if any, which is required for the selection of such a video programming or other programming service or surveying are exempt from any requirement of Title 62 or Title 61, Idaho Code, in the provision of such services. See Section 62-603(10), Idaho Code.(3-31-22)

14.WATS. “WATS” means wide-area telecommunications service.(3-31-22)

IDAPA 31.46.01.006 (Reserved)

GENERAL PROVISIONS

Rules 101 through 200

IDAPA 31.46.01.101 Establishment and Purposes (rule 101)

Section 62-610, Idaho Code, directs the Commission to establ ish a universal service fund (USF) for the purposes of maintaining universal availability of local exchange service at reasonable rates and to promote the availability of message telecommunication service (MTS) at reasonably comparable prices throughout the state of Idaho. The USF is established pursuant to this statute. Rules or orders issued by the Commission concerning administration of the USF supersede previous rules, orders or provisions of the contract between the Commission and the Universal Service Fund administrator.(3-31-22)

IDAPA 31.46.01.102 Administrator of the Usf (rule 102)

The Commission shall contract with an admi nistrator of the universal service fund. The administrator of the USF shall receive all monies surcharged by telephone corporations for payment into the USF, account for those monies pending their disbursement, disburse those monies to qualifying recipients according to the terms of the administrator’s contract and the Commission’s rules and orders, and comply with the other requirements of these rules or orders. The administrator shall have the authority to hire an attorney approved by the Commission to pursue enforcement action, including initiating civil proceedings, against telephone corporations that violate the USF rules.

The Commission has a right to audit the books and records of the administrator of the USF.(3-31-22)

IDAPA 31.46.01.103 Statewide End-User Surcharges (rule 103)

01.Imposition of Surcharges. Pursuant to 62-610(2), Idaho Code, the USF is funded by the imposition of statewide end-user surcharges on local exchange, MTS and wide-area telephone service (WATS) services in amounts to be determined by the Commission pursuant to Rule 104.(3-31-22)

02.Local Exchange Surcharges. The local exchange surcharges are imposed monthly as cents-perline charges uniform throughout the state with the business-residential differential for the surcharges equal to the statewide average business-residential price ratio.(3-31-22)

03.MTS/WATS Surcharges. The MTS and WATS surcharges are imposed monthly on a uniform basis by:(3-31-22)

a.A uniform cents-per-minute surcharge applied to the monthly MTS and WATS bill of each end-user for all MTS/WATS companies using this option; or, alternatively,(3-31-22)

b.A company-specific percentage surcharge applied to the monthly MTS and WATS bill of each enduser.(3-31-22)

04.Remittance of Surcharges. Surcharges of a given level are authorized by order of the Commission and continue in effect until modified by subsequent order of the Commission. Surcharges on Title 62 services may be explicitly added to customers’ bills in addition to charges that would otherwise be collected or may be implicitly included in customers’ bills (and remitted by the telephone corporation) without increasing customers’ bills. Unless otherwise provided by order of the Commission or letter from the Commission Staff or from the USF administrator issued pursuant to Rules 401 or 402, surcharges imposed by these rules are to be remitted monthly to the administrator pursuant to Rule 201.(3-31-22)

IDAPA 31.46.01.104 The Commission's Determination of Funding Levels (rule 104)

01.Issuance of Commission Order. On or before September 1 of each year the Commission shall issue an order in response to the administrator’s report, which will establish statewide end-user surcharges to be in effect for the twelve (12) months beginning October 1 following issuance of the order.(3-31-22)

02.Findings and Directives of the Order Prescribing Statewide End-User Surcharges. The order prescribing statewide end-user surcharges for the twelve months beginning October 1 shall contain the following:

a.The Commission’s finding of the funding target for the USF for the twelve (12) months beginning October 1, based upon the anticipated revenue requirement of the USF for those twelve (12) months (including certain or likely changes in the revenue requirement of the USF from that reported by the administrator) and prudent management of minimum fund balances;(3-31-22)

b.The Commission’s finding of the fair, just, and reasonable contribution to this twelve (12) month funding target that should be made from local exchange and MTS/WATS surcharges; and(3-31-22)

c.The Commission’s finding of the statewide end-user surcharges to be imposed for the twelve (12) months beginning October 1 to reach the funding target.(3-31-22)

03.Calculation of Local Surcharges. The surcharge imposed by Subsection 104.02.c. of this rule to be remitted by each LEC for residence and business local exchange service shall be calculated in the following manner from the total funds that the Commission finds should be recovered from local exchange surcharges. The Commission may round the surcharges for local residence and business service to the nearest cent per month. The following is an example of calculation of local service surcharge: (3-31-22)

a.Total dollars to be funded from local service surcharges -- twenty-four thousand dollars ($24,000)/ month.(3-31-22)

b.Total local residence lines (as reported in Rule 302.02) -- four hundred fifty thousand (450,000)

c.Weighted, state-wide average one-party, single-line flat residence rate (as reported in Rule 302.03) -- ten dollars ($10)/month(3-31-22)

d.Hypothetical Residence revenues under statutory formula (line b x line c) -- four million five hundred thousand ($4,500,000)/month(3-31-22)

e.Total local business lines (as reported in Rule 302.02) -- fifty thousand (50,000)(3-31-22)

f.Weighted, statewide average one-party, single-line flat business rate (as reported in Rule 302.03) -thirty dollars ($30)/month(3-31-22)

g.Hypothetical business revenues under statutory formula (line e x line f) -- one million five hundred thousand dollars ($1,500,000)/month(3-31-22)

h.Total hypothetical revenue (line d + line g) -- six million dollars ($6,000,000)(3-31-22)

i.Residence relative responsibility (line d / line h) -- .7500(3-31-22)

j.Residence total responsibility -- eighteen thousand dollars ($18,000)(3-31-22)

k.Residence surcharge (line j / line b) -- four cents ($.04)/month(3-31-22)

l.Business relative responsibility (line g / line h) -- .2500(3-31-22)

m.Business total responsibility (line a x line l) -- six thousand dollars ($6,000)/month(3-31-22)

n.Business surcharge (line h /line e) -- twelve cents ($.12)/month(3-31-22) * These hypothetical revenues from residence and business lines do not correspond to any actual revenues received by telephone corporations. Instead, they represent a calculation of revenues that would result if every residence and business line subscribed to one-party, single-line service at the weighted statewide average rate calculated for those services, which is the statutory formula underlying the calculation of the surcharges.

04.Calculation of MTS/WATS Surcharges. The surcharge imposed by Rule Subsection 104.02.c. of this rule to be remitted by each MTS/WATS company for MTS/WATS service shall be calculated in one (1) of two (2) alternative manners:(3-31-22)

a.A uniform cents per minute surcharge for all MTS/WATS companies using this option will be calculated by the Commission by dividing the total revenues to be recovered from toll surcharges from all companies by the total actual toll minutes reported for all companies under Rule 204; or, alternatively,(3-31-22)

b.A company-specific percentage surcharge will be calculated by the company (and reviewed by the administrator) by multiplying the individual MTS/WATS company’s total toll minutes as reported in Rule 204 by the cents-per-minute surcharge calculated in a above, then dividing by the total toll revenues as reported for that company reported in Rule 204.(3-31-22)

IDAPA 31.46.01.105 Telephone Corporations' Authorization to Impose Surcharges (rule 105)

01.Local Exchange Companies. All local exchange companies are authorized to impose a surcharge for residence and business local exchange service in the amounts set forth in the order issued pursuant to Rule 104.03.

The LEC may impose surcharges on the service of any customer subscribing to local service on or after October 1 following issuance of the order and may prorate the surcharge in the same manner as the LEC prorates other flat monthly charges.(3-31-22)

02.MTS/WATS Companies. All MTS/WATS companies (except those exempted from remitting surcharges to the USF administrator pursuant to Rule 402) are authorized to impose a surcharge on Idaho intrastate MTS/WATS services in the amounts set forth in the order issued pursuant to Rule 104.04. The MTS/WATS surcharge may be imposed in two (2) different manners:(3-31-22)

a.The MTS/WATS company is authorized to impose beginning October 1 following issuance of the order an MTS/WATS surcharge per toll minute in the amount set forth in the order issued pursuant to the Rule 104.04.a.; or, alternatively,(3-31-22)

b.The MTS/WATS company is authorized to impose beginning October 1 following issuance of the order an MTS/WATS surcharge on a uniform percentage basis in the manner set forth in the order issued pursuant to Rule 104.04.b. Within fourteen (14) days after the Commission has issued its order pursuant to Rule 104 authorizing surcharges on MTS/WATS service, MTS/WATS companies authorized to impose surcharges under this paragraph must notify the administrator and the Commission in writing which option they choose for the twelve (12) months beginning October 1 following issuance of the order.(3-31-22)

IDAPA 31.46.01.106 Applications for Funds -- Orders for Funding (rule 106)

01.Eligibility. Pursuant to 62-610, Idaho Code, a telephone corporation that provides local exchange service and access service for MTS/WATS providers may apply for disbursement from the USF if:(3-31-22)

a.Its average residence and business rates for local exchange service for one-party, single-line services exceed one hundred twenty-five percent (125%) of the weighted statewide average rates for one-party, single-line services for residence and business lines, respectively; and(3-31-22)

b.Its average rates per minute for MTS/WATS access services exceed one hundred percent (100%) of the weighted statewide average rate for the same or similar MTS/WATS access services.(3-31-22)

02.Continuation of Eligibility. Each telephone company’s average rate for one-party single-line residence and business service and for MTS/WATS access service shall be calculated individually and compared to the threshold rate based on the newly calculated statewide average as calculated annually by the Administrator pursuant to Rule 302. In order to continue receiving USF funding after the first year of eligibility, the rate shall be revised to equal or exceed the threshold rate, if a company’s average for one-party single-line residence or business service or its rate for MTS/WATS access service is below the threshold rate and if:(3-31-22)

a.The difference in the company’s current average rate and the statewide average threshold rate is greater than three percent (3%); and(3-31-22)

b.The difference in the annual revenue associated with the company’s current rate and the revenue associated with the statewide average threshold rate is over six thousand dollars ($6,000).(3-31-22)

03.Form of Application. An application for initial USF funding or changes in USF funding may be made in a general rate case or as otherwise allowed by the Commission. Applications must quantify the USF funding sought and the proposed rates to be charged for one-party, single-line residence and business services and for MTS/ WATS access services, indicating how USF funding will benefit the rates for these services. Applications must comply with the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.(3-31-22)

04.Changes to Funding on Commission's Own Motion. The Commission on its own motion may by order change a telephone company’s funding from the USF:(3-31-22)

a.In connection with any proceeding affecting the telephone company’s residual revenue requirement;(3-31-22)

b.In connection with a recalculation of the statewide average rates for one-party, single-line residence and business rates and MTS/WATS access services and those recalculations’ effect on the threshold for eligibility for funding;(3-31-22)

c.In connection with redetermination of the percentage of the residual revenue requirement that should be met by the USF; or(3-31-22)

d.As otherwise provided by order. No order altering a telephone company’s funding from the USF will be issued without notice that USF funding is at issue and appropriate opportunity to be heard in person or in writing.(3-31-22)

05.Order for Disbursement. If the Commission finds that an applicant is eligible for USF disbursements, it may issue an order directing the USF to meet between seventy-five percent (75%) and one hundred percent (100%) of the telephone corporation’s residual revenue requirement as defined in Section 62-610(4), Idaho Code. See Rule 005.10. Disbursements from the USF shall be made monthly in one twelfth (1/12) of the annual disbursements ordered by the Commission.(3-31-22)

IDAPA 31.46.01.107 (Reserved)

TELEPHONE CORPORATIONS' OBLIGATIONS

Rules 201 through 300

IDAPA 31.46.01.201 Telephone Corporations' Monthly Remitt

ANCES OF USF SURCHARGES (RULE 201).

01.Local Exchange Companies. Unl ess otherwise provided by order, letter from the Commission Staff or from the USF administrator issued pursuant to Rule 401, all LECs providing local exchange service in Idaho shall remit the following funds to the administrator on or before the first day of the month:(3-31-22)

a.The number of local residence lines in service in Idaho on the first day of the preceding month multiplied by the monthly residence surcharge the companies are authorized to impose under Rules 104.03 and 105.01; and(3-31-22)

b.The number of local business lines in service in Idaho on the first day of the preceding month multiplied by the monthly business surcharge the companies are authorized to impose under Rules 104.03 and 105.01. The LEC’s remittance shall be accompanied by a report on a form supplied by the administrator separately stating the number of local residence and business lines in service in Idaho for that LEC on the first day of the preceding month. This amount shall be remitted to the administrator without regard to whether the local exchange company has separately imposed the surcharge authorized by Rules 104.03 and 105.01.(3-31-22)

02.MTS/WATS Companies. Unless otherwise provided by Order of the Commission or letter from the Commission Staff or from the USF administrator issued pursuant to Rule 402, all MTS/WATS companies offering intrastate MTS or WATS services in Idaho shall remit the following funds to the administrator on or before the first day of the month:(3-31-22)

a.The number of actual toll minutes billed to customers in Idaho for intrastate MTS/WATS services in the last complete monthly billing cycle billed by the first day of the preceding calendar month multiplied by the surcharge per toll minute that the companies were authorized to impose under Rules 104.04.a and 105.02.a; or, alternatively;(3-31-22)

b.The percentage surcharge of revenues from all intrastate MTS/WATS services provided in last complete monthly billing cycle billed by the first day of the preceding calendar month that the companies are authorized to impose under Subsections 104.04.b. and 105.02.b. These MTS/WATS companies’ remittances under both a and b of this paragraph shall be accompanied by a report on a form supplied by the administrator separately stating the number of toll minutes billed and the revenues associated with the toll minutes and showing the calculation of the surcharge on those minutes for the period stated in this paragraph. These amounts shall be remitted to the administrator without regard to whether the MTS/WATS company has separately imposed the surcharge authorized by Subsections 104.04 and 105.02.(3-31-22)

03.Failure to Comply. A telephone corporation failing to comply with this rule is subject to all sanctions provided by Section 62-620, Idaho Code.(3-31-22)

IDAPA 31.46.01.202 Telephone Corporations' Annual Reporting to Administrator (rule 202)

01.Requirement to Report. Unless oth erwise provided by order of the Commission or letter from the Commission Staff or from the USF administrator issued pursuant to Rule 402, on or before May 30 of each year all telephone corporations providing local exchange service or MTS/WATS intrastate service in Idaho shall report to the administrator the information required by these rules. The administrator shall annually supply forms for these reports on or before May 1 to all telephone corporations for which the administrator has records showing that the telephone corporation provides one (1) or more of these services. The administrator’s failure to supply forms does not relieve any such telephone corporation of its reporting requirements under these rules and statute. The reports that this rule requires to be filed with the administrator should not be filed with the Commission.(3-31-22)

02.The Administrator's Compliance Report. The administrator shall report to the Commission on or before June 15 whether all telephone corporations receiving the forms have complied with the reporting requirements of this Rule 202 and Rules 203 and 204, specifically identifying telephone corporations that have failed to report altogether, those that have incompletely reported, those that have reported late, and those that have failed to remit the monthly surcharges required by Rule 201. The report shall include a summary of the actions taken against the telephone corporations not complying with the USF rules. See Rule 303.(3-31-22)

03.Failure to Comply. A telephone corporation failing to comply with this rule is subject to all sanctions provided.(3-31-22)

IDAPA 31.46.01.203 Local Exchange Companies' (lecs') an

NUAL REPORTS TO THE ADMINISTRATOR

(RULE 203).

01.Reporting of One-Party, S ingle-Line Residence and Business Lines and Rates. The reports prescribed for LECs by this rule and Rule 202 must include the following information concerning the LEC’s customer base and rates for each of the LEC’s rate groups as of May 1 of that year:(3-31-22)

a.Rates for one-party, single-line, flat-rate residential service (inclusive of mandatory extended area service (EAS) surcharges) and the number of customers subscribing to the service in each rate group, unless exchanges within the rate group have different rates, in which case exchange-by-exchange reporting is required;

b.Rates for one-party, single-line, flat-rate business service (inclusive of mandatory EAS surcharges) and the number of customers subscribing to the service in each rate group, unless exchanges within the rate group have different rates, in which case exchange-by-exchange reporting is required; and(3-31-22)

c.The company-wide, weighted average rate for residential and business services described in Rules 203.01.a. and 203.01.b. of this paragraph. Rural zone and mileage charges are excluded from the rates reported in this paragraph.(3-31-22)

02.Inventories of Other Local Access Lines. These reports must also include reporting for each rate group (or exchange if required by Subsection 203.01) the following inventories of customers and public network access lines of other local services as of May 1 of that year:(3-31-22)

a.Multi-party residence local service;(3-31-22)

b.Multi-party business local service;(3-31-22)

c.Semi-public pay telephone service;(3-31-22)

d.Public access line service for customer-owned pay telephones;(3-31-22)

e.Centron, centrex or other central-office based telecommunication systems (including only the public network access lines to this kind of equipment, not the number of station lines behind the equipment); and

f.Local service trunks for private branch exchanges (PBXs).(3-31-22)

03.MTS/WATS Actual Access Minutes and Revenues. These reports must also include the following information:(3-31-22)

a.Rates for access minutes associated with the provision of MTS/WATS services in effect on May 1 of that year;(3-31-22)

b.Total minutes and revenues billed for MTS/WATS access services for the preceding calendar year;

c.Total revenues that would be obtained by billing the access minutes reported in Rule 203.03.b. at the rates reported in Rule 203.03.a.; and(3-31-22)

d.Total revenues from billing and collection services for the preceding calendar year. If different exchanges have different rates, each rate must be reported as a separate line item, indicating the exchanges in which service is offered at each rate and total number of minutes billed to service at each rate. In making this report, telephone companies must include revenues associated with sale of intrastate access under feature groups A, B, C and D.(3-31-22)

04.MTS/WATS Equivalent Access Minutes. If the LEC provides MTS/WATS services in addition to basic exchange services, these reports must also include a conversion of the LEC’s annual billed MTS/WATS minutes into “equivalent access minutes.” The method used to convert billed toll minutes into equivalent access minutes must be shown with the number of toll minutes used in the calculation. Actual access minutes reported pursuant to Rule 203.03 of this rule must be separately stated from “equivalent access minutes” reported under this paragraph. The manner in which these data may be filed is shown in Rules 302.03.a. through 302.03.h.(3-31-22)

IDAPA 31.46.01.204 Mts/Wats Companies' Annual Reports to the Administrator (rule 204)

The reports prescribed for telephone corporations offering intrastate MTS or WATS services (including those that are also LECs) by this rule and by Rule 202 must include the following information for the calendar year preceding the year in which the report is due:(3-31-22)

01.Total Intrastate MTS Minutes and Revenues.(3-31-22)

02.Total Intrastate WATS Minutes and Revenues.(3-31-22)

IDAPA 31.46.01.205 (Reserved)

THE ADMINISTRATOR'S OBLIGATIONS

Rules 301 through 400

IDAPA 31.46.01.301 The Administrator's Quarterly Repor

T TO THE COMMISSION (RULE 301).

On or before the fifteenth day after the close of each quarter , the administrator shall submit a report to the Commission providing the following information:(3-31-22)

01.List of Companies Receiving Disbursements. A list of all companies receiving disbursements from the USF during the quarter, the individual disbursements for each company during the quarter, and the total disbursements to companies during the quarter;(3-31-22)

02.Administrator Fees and Expenses. The administrator’s fees and expenses for the quarter;

03.List of Companies Remitting Surcharges. A list of all companies remitting surcharges to the USF during the quarter, indicating which companies remitted LEC surcharges, which companies remitted MTS/WATS surcharges, and which companies remitted both;(3-31-22)

04.Aggregate Amount. The aggregate amount of LEC surcharges remitted to the USF during the quarter, the aggregate amount of MTS/WATS surcharges remitted to the USF during the quarter, and the total of the two (2);(3-31-22)

05.Interest Earned. Interest earned during the quarter; and(3-31-22)

06.Fund Balances. Beginning, ending and monthly fund balances for the quarter, together with any other information that may be necessary to calculate beginning and ending balances for the quarter.(3-31-22)

IDAPA 31.46.01.302 The Administrator's Calculations from the Annual Reports (rule 302)

01.Weighted Statewide Average Rates for One-Party, Single-Line Residence and Business Services. From the annual reports provided by LECs pursuant to Rule 203.01, the administrator shall calculate a weighted, state-wide average, one-party, single-line, flat residence rate and a weighted, state-wide average, one-party, single-line, flat business rate, including EAS surcharges.(3-31-22)

02.Inventory of Local Service Lines. From the annual reports of LECs provided pursuant to Rule 203.01 and 203.02, the administrator shall calculate the total number of local service lines in Idaho, with subtotals for residence and business service lines and for the categories of lines listed in Rule 203.02.(3-31-22)

03.Statewide Weighted Average Rate for MTS/WATS Access Minute. From the annual reports of LECs provided pursuant to Rule 203.03 and 203.04. the administrator shall calculate a statewide weighted average rate per MTS/WATS access minute in the manner shown in the following example :

Example Using Three Companies

a.Actual annual access minutes (as reported under Rule 203.03.b.)5005001,000 b.

Annual pro forma actual access revenues  (as reported under Rule 203.03.c.) $50$40$50

c.Average pro forma revenue per actual access minute (line b/line a)$.10/min $.08/min $.05/min d.

Calculated equivalent access minutes from MTS/WATS  (as reported under Rule 203.04) 01,0002,000

e.Assigned average revenue (from line c)$.10/min $.08/min $.05/min

f.Calculated equivalent access revenue (line d x line e)$0$80$100

g.Total actual and equivalent access minutes (line a + line d)5001,5003,000

h.Total pro forma and equivalent access revenues (line b + line f)$50$120$150 i.

Average revenue per total actual and equivalent access minutes  (line h /line g) $.10/min $.08/min$.05/min j.

All companies' total actual and equivalent access minutes  (sum of entries on line g) ---5,000---

k.Company's ratio of total state access minutes (lineg/line j).1000.3000.6000 l.

All companies' total actual and equivalent access revenues  (sum of entries of line H) ---$320---

04.Access. The figures for access minutes and access revenues on lines a, b and d include all access minutes and all access revenues from any access service reported pursuant to Rule 203.03 or 203.04, and all access under any feature group.(3-31-22)

IDAPA 31.46.01.303 The Administrator's Annual Report to the Commission (rule 303)

01.The Administrator's Compliance Report.

The administrator shall report to the Commission on or before June 15 whether all telephone corporations receiving the forms have complied with the reporting requirements of this Rule 303 and Rules 202, 203, and 204, specifically identifying telephone corporations that have failed to report altogether, those that have incompletely reported, those that have reported late, and those that have failed to remit the monthly surcharges required by Rule 201. The report shall include a summary of the actions taken against the telephone corporations not complying with the USF rules.(3-31-22)

02.Report of Existing Conditions. On or before July 15 of each year the administrator shall submit a report to the Commission providing the following information:(3-31-22)

a.Calculations of weighted statewide average rates required by Rule 302, providing workpapers showing each telephone corporation’s contributions to the totals and averages contained in the administrator’s calculation in Rule 302.(3-31-22)

b.Calculations of the USF’s expected revenues under the status quo for the twelve (12) months beginning July 1 made by:(3-31-22)

i.Multiplying the existing local surcharge for residence service by the statewide total residence lines as of May 1;(3-31-22)

ii.Multiplying the existing local surcharge for business service by the statewide total business lines as of May 1;(3-31-22)

iii.Multiplying the total MTS/WATS access minutes for the previous calendar year by the existing MTS/WATS surcharge per access minute; and(3-31-22)

iv.Summing the three (3) products.(3-31-22)

c.Calculations of the expected revenue requirement of the USF under the status quo for the twelve (12) months beginning July 1 made by listing and summing the annualized rate of disbursement for every telephone corporation for which the Commission has ordered and authorized disbursements from the USF together with the administrator’s annual budget for administration of the USF.(3-31-22)

d.Calculations of the expected revenue requirement of the USF as described in Rule 303.02.c. assuming that companies revise their rates pursuant to Rule 106.02 to maintain funding eligibility and that their USF funding is adjusted pursuant to Rule 106.04.(3-31-22)

e.Actual USF balances at the end of the quarters ending in June, September and December of the preceding year and of the quarters ending in March and June of the year of the report (or the estimated USF balance for the quarter ending June 30 if actual balances are not yet available).(3-31-22)

03.Recommendation. The administrator shall report the USF’s expected surplus or deficit for the twelve (12) months beginning July 1 based upon the assumption that the USF surcharges will not be changed. The administrator shall also report whether this surplus or deficit will alter the expected fund balance during the twelve (12) months beginning July 1 following the report significantly enough to recommend that USF surcharges be raised or lowered. If the administrator believes that the USF surcharges should be raised or lowered, the administrator shall recommend a target balance for the USF for the end of the twelve months beginning July 1 following this report and the am ount by which USF collections would be increased or decreased beginning October 1 to meet this target.

04.Review by Commission Staff. On or before August 15 the Commission Staff shall review the calculations and recommendations of the administrator and call any errors or omissions to the attention of the administrator and the Commission.(3-31-22)

05.Report a Public Record--Workpapers Exempted Trade Secrets. The report of the administrator showing statewide aggregate totals of local service and MTS/WATS revenues, inventories of services, and other information not identifying any telephone corporation or customer is a public record available for inspection, examination and copying under Section 74-102, Idaho Code. The workpapers accompanying the report showing individual telephone corporations' data for Title 62 services and individual telephone corporation's reports to the administrator showing data for Title 62 services, together with any data for Title 61 services protected from disclosure under applicable trade secret law, are trade secrets exempt from disclosure under Section 74-107(1), Idaho Code.(3-31-22)

IDAPA 31.46.01.304 (Reserved)

EXEMPTIONS FROM REPORTING AND REMITTANCES

Rules 401 through 500

IDAPA 31.46.01.401 Lecs' Exemption from Reporting and Remittances (rule 401)

01.Criteria for Exemption. Local exchange companies may be ex empted from monthly remittances and monthly reporting to the USF administrator under Rule 201 by order of the Commission or letter from the Commission Staff or from the USF administrator upon the grounds that the LEC provides such a small number of local service lines in Idaho and generates such a small monthly surcharge that neither the practical administration of the USF nor the public interest requires monthly remittances and reporting.(3-31-22)

02.Action on Requests. The order or letter excusing the LEC from monthly reporting shall specify quarterly, semiannual or annual remittances and reporting instead. The order or letter may be issued upon request of the LEC or upon the initiative of the Commission, the Commission Staff, or the USF administrator without a request from the LEC. No LEC will be excused from making remittances less often than annually nor from annual reporting under Rules 202 and 203.(3-31-22)

03.Requests of Exemptions. This Commission Staff shall maintain a file of all exemptions under this rule and supply a copy to the Commission Secretary and to the USF administrator.(3-31-22)

04.Petition From Initial Denial by Commission Staff or Administrator. If a request for a LEC’s exemption is denied by the Commission Staff or the Administrator, the LEC may petition the Commission.

IDAPA 31.46.01.402 Mts/Wats Companies -- Resellers'

EXEMPTION FROM REPORTING AND

REMITTANCES (RULE 402).

01.Criterion for Exemption. MTS/ WATS companies may be exempted from monthly remittances and monthly reporting to the USF administrator under Rule 201 by Order of the Commission or letter from the Commission Staff or from the USF administrator upon the grounds that the MTS/WATS company is exclusively a reseller of MTS/WATS services from another MTS/WATS company that is already remitting the surcharge prescribed for MTS/WATS services for all of the reselling MTS/WATS company’s MTS/WATS minutes.(3-31-22)

02.Requirements of Request for Exemption. No exemption will be given under this rule unless the reselling MTS/WATS company has requested an exemption in writing. The request for exemption shall be directed to the Commission Secretary (or if received by the administrator or a member of the Commission Staff forwarded to the Commission Secretary). The request for exemption must state that the MTS/WATS company is seeking a reseller’s exemption, must name the reseller’s underlying MTS/WATS carrier, must certify that the named underlying carrier carries all of the reseller’s traffic in Idaho, and must be accompanied by a letter from the underlying carrier stating that the reselling carrier requesting the exemption is a customer of the underlying carrier, that the underlying carrier is remitting the surcharge to the USF for all minutes sold to the reselling carrier, and that the reseller will notify the Commission whenever one of its underlying carriers changes.(3-31-22)

03.Action on Requests. The Commission Staff or the USF administrator may grant a reseller an exemption from monthly remittances of USF surcharges and from monthly reporting of MTS/WATS use if the reseller has shown that another MTS/WATS company is remitting the surcharge for all of the reseller’s minutes. The exemption shall require the reseller to report to the Commission Staff whenever it changes its underlying carrier. The exemption ordinarily excuses the reseller from annual reporting under Rules 202 and 203, but does not exempt the reseller from annual recertification upon request of the Commission Staff or the administrator of its continuing status as a reseller. However, the Commission Staff or the administrator may require an exempt reseller to file an annual report upon written notification that the Commission Staff or administrator requires an annual report for that year.

04.File of Exemptions. The Commission Staff shall maintain a file of all exemptions under this rule and supply a copy to the Commission Secretary and to the USF administrator.(3-31-22)

05.Petition From Initial Denial by the Commission Staff or Administrator. If a request for a reseller’s exemption is denied by the Commission or the Commission Staff or the Administrator, the company may petition to the Commission. The petition must contain a description of the telephone company’s network connections.

IDAPA 31.46.01.403 (Reserved)

31.41.01 Customer Relations Rules for Telephone Corporations Providing Services in Idaho Subject to Customer Service Regulation by the Idaho Public Utilities Commission (The Telephone Customer Relations Rules)

IDAPA 31.41.01.000 Legal Authority (rule 0)

Sections 61-301, 61-302, 61-303, 61-315, 61-503, 61-507, 61 -520, 62-605, 62-606, 62-612, 62-616, and 62-622, Idaho Code.(7-1-25)

IDAPA 31.41.01.001 Scope (rule 1)

These rules provide a set of fair, just, reasonable, and n on-discriminatory rules to address recurring areas of disagreement between local exchange companies and other telephone companies and customers with regard to deposits, guarantees, billing, application for service, denial of service, termination of service, complaints to telephone companies, billing for interrupted service, and provision of certain information about customers to authorities.

(7-1-25)

IDAPA 31.41.01.002 (Reserved)

004.INCORPORATION BY REFERENCE (RULE 4). 01.47 CFR 1100 through 1170 and 64.1190 (October 1, 2011), w ith the following modifications:

(7-1-25)

a.Form. Complaints regarding an unauthorized carrier change may be filed with the Commission in person, by mail, by e-mail, or by telephone. E-mail complaint forms to secretary@puc.idaho.gov. A copy of the telephone bill(s) in dispute and other relevant evidence shall be provided to the Commission by the complaining party. The slamming complaint shall include the following information:(7-1-25)

i.Name, address and telephone number of complainant;(7-1-25)

ii.Name/identity of the alleged slamming carrier;(7-1-25)

iii.Name of the previous authorized carrier;(7-1-25)

iv.Name of the billing entity;(7-1-25)

v.Date the alleged slamming occurred;(7-1-25)

vi.Whether the customer has been restored to the preferred carrier;(7-1-25)

vii.Whether the customer has paid any or all of the disputed charges;(7-1-25) viii.Efforts in attempting to resolve the alleged slamming; and(7-1-25)

ix.Whether the customer was charged for changing carrier(s).(7-1-25)

IDAPA 31.41.01.005 Definitions (rule 5)

The following definitions are used in this title and chapter:(3-31-22) 01.

Customer. A “customer” is a person or entity who has requested service or currently receives service from a telephone company or has assumed responsibility for payment of service provided to another person or entity. Any person whose service has been temporarily disconnected for non-payment will continue to be a “customer” for the purposes of these rules until such time as service is permanently disconnected.(3-31-22)

02.Other Services. “Other services” mean all services except local exchange and MTS services provided, billed, or collected by a telephone company.(3-31-22)

03.Telephone Company. Unless further restricted by definition within a rule or a group of rules, “telephone company” means any entity subject to this Commission’s regulation as a provider of telecommunication services to end-users under the Public Utilities Law (Idaho Code, Title 61, Chapters 1-7) or subject to this Commission’s authority under the Telecommunications Act of 1988, as amended, (Idaho Code, Title 62, Chapter 6) or the federal Telecommunications Act of 1996 (47 U.S.C. 151 et seq).(3-31-22)

IDAPA 31.41.01.006 (Reserved)

IDAPA 31.41.01.008 Exercise of Rights by Customer (rule 8)

Telephone company will not discriminate against or penalize a customer for exercising any right granted by these rules.(3-31-22)

IDAPA 31.41.01.009 (Reserved)

IDAPA 31.41.01.010 Conflict with Telephone Tariffs or Price Lists (rule 10)

If a telephone company’s tariff or price list denies or restricts customer rights protected by these rules, these rules supersede conflicting tariff or price list provisions.(3-31-22)

IDAPA 31.41.01.011 (Reserved)

RESIDENTIAL AND SMALL BUSINESS DEPOSIT

Rules 100 through 199

IDAPA 31.41.01.100 Deposit Requirements -- Lecs (rule 100)

01.Residential Customers.

Telephone companies providing local exchange service will not demand or hold any deposit from any residential customer for service without proof that the customer is likely to be a credit risk or to damage the property of the local exchange company or other companies for which it bills. A history of late payment or lack of previous history with the local exchange company does not, in itself, constitute such proof. A local exchange company will not demand or hold a deposit under this rule as a condition of service from a residential customer unless one (1) or more of the following criteria applies:(3-31-22)

a.The customer has outstanding a prior residential service account and at the time of application for service remains unpaid and not in dispute.(3-31-22)

b.The customer’s service has been temporarily denied or terminated within the past four (4) years for one (1) or more of the following reasons:(3-31-22)

i.Non-payment of any undisputed delinquent bill;(3-31-22)

ii.Obtaining, diverting or using telephone service without the authorization or knowledge of the telephone company.(3-31-22)

c.The customer does not have verifiable previous telephone service that was in existence for a period exceeding twelve (12) months and does not pass an objective credit screen.(3-31-22)

d.The telephone company has determined that information provided by the customer is materially false or materially misrepresents the customer’s true status.(3-31-22)

e.The customer requests service at a residence where a prior subscriber still resides and where any balance for service to that prior subscriber incurred at that location is past due or owing.(3-31-22)

02.Small Business Customers. Telephone companies providing local exchange service will not demand or hold any deposit as a condition of service from any current small business customer for small business service unless one (1) or more of the following criteria apply:(3-31-22)

a.Any of the conditions listed in Rule 100.01 of this rule are present.(3-31-22)

b.The customer has not had previous service with that telephone company.(3-31-22)

c.The customer was delinquent in payment two (2) or more times in the previous twelve (12) months.

03.Bankrupt Customers. If a customer, either residential or a small business, has sought any form of relief under the Federal Bankruptcy Laws, has been brought within the jurisdiction of the bankruptcy court for any reason in an involuntary manner, or has had a receiver appointed in a state court proceeding, then a deposit may be demanded as allowed by the Federal Bankruptcy Laws.(3-31-22)

IDAPA 31.41.01.101 Other Deposit Standards Prohibited (rule 101)

A local exchange company will not require a deposit or other guarantee as a condition of new or continued residential telephone service except as expressly authorized by these rules. If the customer, either residential or small business, selects another company to provide services and arranges to be billed directly by that company rather than through the local exchange company, no deposit may be collected by the local exchange company for the services provided by the other company.(7-1-25)

IDAPA 31.41.01.102 Explanation for Denial of Service or Requirement

OF DEPOSIT -- LECS (RULE 102).

If the local exchange company requires a deposit as a condition o f providing service, then it will immediately provide an explanation to the customer why a deposit is required. The customer will be given an opportunity to rebut these reasons. The notice will also advise the customer that if there is a dispute an informal or formal complaint may be filed with the Commission.(3-31-22)

IDAPA 31.41.01.103 Amount of Deposit -- Lecs (rule 103)

A deposit allowed pursuant to Rule 100 as a con dition of service by a local exchange company must not exceed two (2) months’ charges for local exchange service. Additional deposits for damage or other reasons independent of usage may be in reasonable amounts.(3-31-22)

IDAPA 31.41.01.104 Interest on Deposits (rule 104)

01.Interest Payable. Interest will be payable on the deposited amounts at the rate provided by Rule 104.02. Interest will accrue from the date the deposit is made until the deposit is refunded or applied to the customer’s bill; however, interest will not accrue on a deposit if:(3-31-22)

a.Service is terminated temporarily at the request of the customer who leaves the deposit with the telephone company for future use as a deposit; or(3-31-22)

b.Service has been permanently terminated and the telephone company has been unsuccessful in its attempt to refund a deposit.(3-31-22)

02.Interest Rate. On or before November 15 of each year, the Commission will determine the twelvemonth average interest rate for one-year Treasury Bills for the previous November 1 through October 31, round that rate to the nearest whole percent, and notify the telephone companies of its determination of this interest rate. That rate will be in effect for the following calendar year for all deposits described in Rule 104.01.(3-31-22)

IDAPA 31.41.01.105 Return of Deposit --

LECS (RULE 105).

01.Former Customers. Up on termination of service the telephone company will credit the deposit, with accrued interest, to the final bill then promptly return any remaining balance to the customer.(7-1-25)

02.Existing Customers. If the customer has paid all undisputed bills and has no more than one (1) late payment during the past twelve (12) consecutive months of service, the telephone company will promptly return the deposit, with accrued interest by crediting the customer’s current account or issuing a refund.(7-1-25)

03.Retention During Dispute. The local exchange company may retain the deposit pending resolution of a dispute over termination of service. If the deposit is later refunded to the customer, the local exchange company will pay interest at the annual rates established in Rule 104 for the entire period over which the deposit was held.(3-31-22)

04.Early Return of Deposit. A local exchange company may refund a deposit plus accrued interest in whole or part at any time before the time prescribed in this rule.(3-31-22)

IDAPA 31.41.01.106 Transfer of Deposit and Outstanding Balance (rule 106)

Deposits will not be transferred from one (1) customer to another customer or between classes of service, except at the customer’s request. When a customer with a deposit on file transfers service to a new location within the same telephone company’s service area in Idaho, the deposit and any outstanding balance will be transferred to the account for the new location.(7-1-25)

IDAPA 31.41.01.107 Records of Deposits (rule 107)

01.Receipts. Each customer paying a deposit will be provided the following information:(3-31-22)

a.Name of customer and service address for which deposit is held;(3-31-22)

b.Date of payment;(3-31-22)

c.Amount of payment; and(3-31-22)

d.Terms and conditions governing the return of deposits.(3-31-22)

02.Transfer of Records. Upon the sale or transfer of any telephone company or any of its operating units, the seller will certify to the Commission that it has a list showing the names of all customers whose service is transferred and who have a deposit on file, the date the deposit was made and the amount of the deposit.(3-31-22)

IDAPA 31.41.01.108 (Reserved)

BILLING

Rules 200 through 299

IDAPA 31.41.01.200 Further Definition (rule 200)

As used in Rules 201 through 205, “bill” or “billing statement” refers to a written request for payment listing charges for goods and services that is mailed or otherwise delivered to the customer for payment. A billing statement may be provided to the customer in an electronic format with the customer’s consent. Oral notice of the amount of charges pending is not a bill. Bills include requests for payments for services rendered by other telephone companies or other entities that are not telephone companies. This rule does not apply to billings between or among telephone companies.(3-31-22)

IDAPA 31.41.01.201 Issuance of Billing Statements -- Contents

OF BILLS -- RESIDENTIAL AND

SMALL BUSINESS SERVICE (RULE 201).

01.Local Exchange Service. Billing statements for residential and small business local exchange service will be regularly issued and must contain the following information:(3-31-22)

a.The date the billing statement is issued;(3-31-22)

b.The time period covered by the billing statement;(3-31-22)

c.The due date by which payment must be received unless the customer has authorized automatic monthly payment. If automatic payment is authorized, the customer must be informed in writing when funds will be withdrawn from a bank account or charged to a credit card account. In addition, the billing statement must state the actual or earliest possible date that funds will be withdrawn or the credit card charged unless the customer consents otherwise in writing at the time automatic payment is authorized;(7-1-25)

d.Any amounts transferred from another account;(3-31-22)

e.Any amounts past due;(3-31-22)

f.Any payments or credits applied to the customer’s account since the last bill;(3-31-22)

g.The total amount due;(3-31-22)

h.Names of all telephone companies or entities providing goods and services for which the customer is billed, sufficient information to readily identify the goods and services provided, and the amounts charged;

i.The toll-free telephone number(s) available to customers for answering inquiries and resolving complaints about goods and services billed;(3-31-22)

j.An itemization of charges for goods and services provided to the customer and any associated fees, taxes, surcharges or subscriber line charges. Charges for each good or service provided as part of a package under a single price, or calling plans in which individual calls are billed at a flat rate regardless of usage need not be separately itemized.(3-31-22)

02.MTS Bills. In addition to the requirements of Rule 201.01, bills for MTS service must identify the number called and the date, time, duration, destination and charge for each call, unless the customer has selected a flat rate calling plan. For collect and third-party calls, the MTS provider must also itemize the origin of the call. (7-1-25)

03.Other Services. No telephone company may send demand letters or initiate collection efforts for any amount owed by a customer who subscribes to or is billed for services other than local exchange service and MTS services provided by another telephone company unless the bill separately lists those services as required by this rule.(3-31-22)

04.Customer Request for Less Detail. Upon customer request, telephone companies may provide billing statements containing less detail than required by this rule. Telephone companies must make available without charge detailed billing information for the preceding twelve (12) months to those customers who have elected to receive less detail on monthly billing statements but subsequently request more detail.(3-31-22)

IDAPA 31.41.01.202 Due Date of Bills -- Delinquent Bills (rule 202)

The telephone company may require that bills for service be paid within a specified time after the billing date. The minimum specified time after the billing date is fifteen (15) days (or twelve (12) days after mailing or delivery of a paper or electronic bill, if bills are mailed or delivered more than three (3) days after the billing date). Upon the expiration of this time without payment, the bill may be considered delinquent. With the customer’s approval, automatic monthly payments made by withdrawal from a bank account or charged to a credit card account may take place prior to the normal due date if the customer has authorized such a payment.(3-31-22)

IDAPA 31.41.01.203 Billing Errors, Billing Under Incorrect

RATES, OR FAILURE TO BILL (RULE 203).

01.Billing Errors -- Failure to Bill.

Whenever the billing for telephone service was not accurately billed because of malfunction in billing equipment or error in preparation of bills, the telephone company shall prepare a corrected billing. If the telephone company has not billed a customer for service provided, the telephone company shall prepare a bill for the period in which service was provided and the customer was not billed. At its discretion, the telephone company may waive rebilling for undercharges.(3-31-22)

02.Billing Under Incorrect Rates. A customer has been billed under an incorrect rate if the customer was billed under a rate for which the customer was not eligible or the customer, who is eligible for billing under more than one (1) rate, was billed under a rate contrary to the customer’s election or the election was made based upon erroneous information provided by the telephone company. If a customer is billed under an incorrect rate, the telephone company must recalculate the customer’s past bills and correctly calculate future bills based on the appropriate rate. The telephone company is not required to adjust bills when it has acted in good faith based upon information provided by the customer.(3-31-22)

03.Rebilling Time Period.(3-31-22)

a.If the time when the billing error, billing under incorrect rates, or failure to bill (collectively referred to as “billing problem”) began cannot be reasonably determined to have occurred within a specified billing period, the corrected billings will not exceed the most recent six (6) months before the discovery of the billing problem.(3-31-22)

b.If the time when the billing problem began can be reasonably determined, and the telephone company determines the customer was overcharged, the corrected billings will go back to that time, as provided by Section 61-642, Idaho Code.(7-1-25)

c.If the time when the billing problem began can be reasonably determined and the telephone company determines the customer was undercharged, the company may rebill for a period of six (6) months unless a reasonable person should have known of the inaccurate billing, in which case the rebilling may be extended for a period not to exceed three (3) years. The telephone company is responsible for identifying customers who have not been billed or who have been inaccurately billed.(3-31-22)

04.Refunds. The telephone company will promptly calculate refund amounts overpaid by the customer and issue a credit within two (2) billing cycles. Any remaining credit balance will be credited against future bills unless the customer, after notice from the telephone company, requests a refund and the amount is more than twenty-five dollars ($25). The telephone company will advise the customer of the option to have any remaining credit balance exceeding twenty-five dollars ($25) refunded.(3-31-22)

05.Additional Payments. The telephone company will promptly prepare a corrected billing for a customer who has been undercharged, indicating the amount owed to the company. An unbilled or undercharged customer will be given the opportunity to make payment arrangements under Rule 310 on the amount due. At the customer’s option, the term of the payment arrangement may extend for the length of time that the underbilling accrued or the customer was not billed.(3-31-22)

IDAPA 31.41.01.204 Billing Prohibited -- Billing Disputes (rule 204)

01.Unauthorized Charges. No telephone company will bill for una nswered or unaccepted telephone calls, telephone calls placed to a toll-free number, or telephone service or other goods and services not ordered or otherwise authorized by the customer of record. A telephone company that unknowingly submits a bill containing charges for unanswered or unaccepted telephone calls, telephone calls placed to a toll-free number, or telephone service or other services or goods not ordered or otherwise authorized by the customer of record shall be considered in violation of this rule unless the disputed amounts are removed from the customer’s bill within two (2) billing cycles of the customer’s notification to the company.(3-31-22)

02.Billing Disputes. A telephone company that bills and collects for other telephone companies or entities is responsible for either addressing billing disputes regarding unauthorized goods and services for which it bills or advising customers how to contact the providers of those goods and services. If a customer is unable to either contact or successfully resolve a dispute about unauthorized goods and services for which the telephone company bills, a credit equal to the disputed charges must be applied to the customer’s account within two (2) billing cycles of the customer’s notification to the company.(3-31-22)

IDAPA 31.41.01.205 Responsibility for Payment of Residential Service Bills (rule 205)

01.Customer Defined.

For purposes of this rule, “customer” means a person whose name appears on the telephone company’s regular bill for residential service or who signed a written application for residential service or another document informing the customer that he or she was assuming an obligation for payment of service.

02.Customer's Responsibility. A telephone company will not hold a customer responsible for paying an amount not billed for the customer’s own service or through use of the customer’s own credit or facilities and whose own name does not appear on the current bill or application for service, unless:(3-31-22)

a.The customer expressly accepts responsibility for payment of the other person’s bill; or (3-31-22)

b.The customer has a legal obligation to pay the other person’s bill.(3-31-22)

03.Customer Notice. The telephone company will provide written notice of its intent to add to the customer’s bill for current service an amount owed for another person’s bill or service rendered at a former service location, if the lapse in service exceeds sixty (60) calendar days. The notice may be provided in an electronic format with the customer’s consent.(3-31-22)

04.Contents of Notice. The notice must include:(3-31-22)

a.The name of the customer of record who owes the bill;(3-31-22)

b.The service location and telephone number or account number involved;(3-31-22)

c.The time over which the bill amount was accumulated;(3-31-22)

d.The amount owed;(3-31-22)

e.The reason(s) for adding the bill amount to the customer’s billing statement;(3-31-22)

f.Statement that payment arrangements may be made on the amount owed;(3-31-22)

g.A statement that the customer has a right to contest the telephone company’s proposed action by contacting the Commission; and(3-31-22)

h.The response deadline after which the bill amount will be added to the customer’s billing statement.

05.Opportunity to Respond. The telephone company will give the customer at least seven (7) calendar days from the date of its proposed action to respond to the telephone company notice.(3-31-22)

IDAPA 31.41.01.206 (Reserved)

DENIAL, RESTRICTION, AND TERMINATION OF SERVICE

Rules 300 through 399

IDAPA 31.41.01.300 Explanation for Denial of a Service to a Customer (rule 300)

If a telephone company intends to deny service to a customer und er Rule 301, the telephone company will provide an explanation to the customer stating the reasons for the telephone company’s refusal to provide service and the necessary action(s) to be taken to receive service. In the event of a dispute, the customer will be advised that an informal or formal complaint concerning denial of service may be filed with the Commission.(3-31-22)

IDAPA 31.41.01.301 Grounds for Denial or Termination of Local Exchange Service with

PRIOR

NOTICE (RULE 301).

A telephone company may deny or terminate local exchange service to a customer without the customer’s permission, but only after adequate notice has been given in accordance with these rules, for one (1) or more of the following reasons:(3-31-22)

01.Customer Did Not Pay Undisputed Bills. With respect to undisputed past due bills for local exchange service, the customer:(3-31-22)

a.Failed to pay;(3-31-22)

b.Paid with a dishonored check; or(3-31-22)

c.Made an electronic payment drawn on an account with insufficient funds.(3-31-22)

d.The customer failed to make a security deposit when one is required.(7-1-25)

e.The customer failed to abide by the terms of a payment arrangement.(3-31-22)

f.The telephone company determines as prescribed by relevant state or other applicable standards that the customer is willfully wasting or interfering with service through improper equipment or otherwise. (3-31-22)

g.The customer is a minor not competent to contract as described in Sections 29-101 and 32-101, Idaho Code.(3-31-22)

02.No Obligation to Connect Service. Nothing in this rule requires the telephone company to connect service for a customer who owes money on an existing account or from a previous account if the unpaid bill is for service provided within the past four (4) years.(3-31-22)

IDAPA 31.41.01.302 Grounds for Denial or Termination of a Service, Without Prior Notice

(RULE 302).

A telephone company may deny or terminate a service or all serv ices without prior notice to the customer and without the customer’s permission for any of the following reasons:(3-31-22)

01.Dangerous Condition. A condition immediately dangerous or hazardous to life, physical safety, or property exists, or it is necessary to prevent a violation of federal, state or local safety or health codes.(3-31-22)

02.Ordered to Terminate Service. The telephone company is ordered to terminate service by any court, the Commission, or any other duly authorized public authority.(3-31-22)

03.Illegal Use of Services. The service(s) was (were) obtained, diverted or used without the authorization or knowledge of the telephone company.(3-31-22)

04.Customer Unable to Be Contacted. The telephone company has tried diligently to meet the notice requirements of Rule 303, but has been unsuccessful in its attempt to contact the customer.(3-31-22)

05.Misrepresentation. The telephone company has determined that information provided by the customer is materially false or materially misrepresents the customer’s true status.(3-31-22)

IDAPA 31.41.01.303 Requirements for Notice Before Termination of Local Exchange Service

(R ULE 303).

01.Initial Notice. If t he telephone company intends to terminate local exchange service under Rule 301, it will send to the customer written notice of termination mailed at least seven (7) calendar days before the proposed date of termination. Written notice may be provided by electronic mail (i.e. e-mail) if the customer is billed electronically and separately consents in writing to receiving electronic notification. This written notice will contain the information required by Rule 304.(3-31-22)

02.Final Notice. At least twenty-four (24) hours before actual termination, the telephone company will diligently attempt to contact the customer to apprise the customer of the proposed action and the steps the customer must take to avoid or delay termination. This oral notice will contain the same information required by Rule

IDAPA 31.41.01.304 (3-31-22)

03.Additional Notice. If the telephone company has not terminated service within twenty-one (21) days after the proposed termination date as specified in a notice, the telephone company will again provide notice under Rules 303.01 and 303.02 if it still intends to terminate service.(3-31-22)

04.Failure to Pay. No additional notice of termination is required if, upon receipt of a termination notice:(3-31-22)

a.The customer makes a payment arrangement and subsequently fails to keep that arrangement;

b.The customer tenders payment with a dishonored check; or(3-31-22)

c.Makes an electronic payment drawn on an account with insufficient funds.(3-31-22)

IDAPA 31.41.01.304 Contents of Notice of Intent to Terminate Local Exchange Service (rule 304)

01.Contents of Notice.

The written, electronic or oral notice of intent to terminate local exchange service required by Rule 303 will state:(3-31-22)

a.The reason(s), citing these rules, why service will be terminated and the proposed date of termination;(3-31-22)

b.Actions the customer may take to avoid termination;(3-31-22)

c.That a certificate notifying the local exchange company of a serious illness or medical emergency in the household may delay termination under Rule 306;(3-31-22)

d.That an informal or formal complaint concerning termination may be filed with the telephone company or the Commission, and that service will not be terminated on grounds relating to the dispute between the customer and telephone company before resolution of the complaint (the Commission’s mailing address, Internet address, and telephone number must be given to the customer);(3-31-22)

e.That the telephone company is willing to make payment arrangements (in a written notice this statement must be in bold print); and(3-31-22)

f.What amount must be paid in order to avoid termination of local exchange service and that partial payments will be applied toward past due charges for local exchange service first.(3-31-22)

IDAPA 31.41.01.305 Serious Illness or Medica

L EMERGENCY (RULE 305).

01.Medical Certificate -- Postponement of Termination of Loca l Exchange or Long-Distance Services. A telephone company offering local exchange or long-distance service between a residential customer and the customer’s nearest community providing necessary medical facilities or services must postpone termination of local exchange or long-distance service to a residential customer for thirty (30) calendar days from the date of receipt of a written certificate signed by a licensed physician or public health official with medical training. The certificate must contain the following information:(3-31-22)

a.A statement that the customer, a member of the customer’s family, or other permanent resident of the premises where service is provided, is seriously ill or has a medical emergency or will become seriously ill or may have a medical emergency because of termination of service; and that termination of local exchange service would adversely affect the health of that customer, member of the customer’s family, or resident of the household. (3-31-22)

b.If the customer requests that termination of long-distance service be postponed, a statement that termination of long-distance service would impair the customer’s ability to communicate with necessary medical facilities or services.(3-31-22)

c.The name of the person whose serious illness or medical emergency would be adversely affected by termination and the relationship to the customer.(3-31-22)

d.The name, title, and signature of the person certifying the serious illness or medical emergency.

02.Restoration of Service. If local exchange or long-distance service has already been terminated when the medical certificate is received, the appropriate service will be restored as soon as possible, but no later than twenty-four (24) hours after receipt. The customer will receive local exchange and necessary long-distance services for thirty (30) calendar days from the telephone company’s receipt of the certificate.(3-31-22)

03.Second Postponement. The telephone company may postpone termination of local exchange and necessary long-distance service for an additional thirty (30) days upon receipt of a second certificate stating that the serious illness or medical emergency still exists.(3-31-22)

04.Verification of Medical Certificate. The telephone company may verify the authenticity of the certificate and may refuse to delay termination of service if the certificate is a forgery or is otherwise fraudulent.

05.Obligation to Pay. Nothing in this rule relieves the customer of the obligation to pay any undisputed bill.(3-31-22)

IDAPA 31.41.01.306 Medical Facilities -- Shelter Care (rule 306)

Where local exchange or long-distance services are provided to a customer known by the telephone company to be or identifying itself as a medical care facility, including a hospital, medical clinic with resident patients, nursing home, intermediate care facility or shelter care facility, notice of pending termination will be provided to the Commission as well as to the customer. Upon request from the Commission, a delay in termination of no less than seven (7) calendar days from the date of notice will be allowed so that action may be taken to protect the interests of the facility’s residents.(3-31-22)

IDAPA 31.41.01.307 Insufficient Grounds for Termination

OF LOCAL EXCHANGE SERVICE (RULE 307).

01.Termination Prohibited.

Telephone companies will not terminate service or provide notice of intent to terminate service if the unpaid bill cited as grounds for termination is:(3-31-22)

a.Less than thirty ($30) dollars;(3-31-22)

b.For telephone service provided to any other customer or former customer (unless that customer has a legal obligation to pay the other bill) or for a class of service (business or residential) other than the one to which the customer currently subscribes;(3-31-22)

c.For MTS or other goods and services provided by the telephone company or for which the telephone company bills;(3-31-22)

d.For service provided four (4) or more years ago unless the customer made a payment on the bill within the past four (4) years, or the customer signed a written payment agreement and then failed to pay; (3-31-22)

e.The subject of an informal or formal complaint filed with the Commission; or(3-31-22)

f.Is at issue in a case pending before a court in the state of Idaho unless termination is authorized by court order.(3-31-22)

IDAPA 31.41.01.308 Restrictions on Termination of Loca

L EXCHANGE SERVICE -- OPPORTUNITY TO

AVOID TERMINATION OF LOCAL EXCHANGE SERVICE (RULE 308).

01.When Termination Not Allowed.

Unless the customer affected has consented in writing, local exchange service will not be terminated on any Friday after twelve noon or on any Saturday, Sunday, legal holidays recognized by the state of Idaho, or after twelve noon on any day immediately before any legal holiday, or at any time when the telephone company’s business offices are not open for business, except as authorized by Rules 302.01 and 302.02, or for non-residential customers, as authorized by any Subsection of Rule 302. Local exchange services may be terminated only between the hours of 8 a.m. and 4 p.m., except as authorized by Rules 302.01 and 302.02.

02.Personnel to Authorize Reconnection. Each telephone company providing local exchange service will have personnel available after the time of termination who are authorized to reconnect service if the conditions cited as grounds for termination are corrected to the telephone company’s satisfaction. Customers may be asked to pay reconnection fees before restoration of service.(3-31-22)

03.Service to Persons Not Customers. If local exchange service is provided to a residence and the account is in the name of one who does not reside there, the telephone company, prior to termination, will notify the person(s) receiving service and afford the person(s) a reasonable opportunity to negotiate directly with the telephone company to purchase service in the resident’s(s’) own name(s).(3-31-22)

04.No Termination While Complaint Pending. Except as authorized by order of the Commission or of the Judiciary, local exchange service will not be terminated for failure to pay amounts in dispute while a complaint over that telephone service filed pursuant to Rule 401 is pending before this Commission or while a case placing at issue payment for that telephone service is pending before a court in the state of Idaho.(3-31-22)

IDAPA 31.41.01.309 Payment Arrangements (rule 309)

01.Arrangements Allowed.

When a customer cannot pay a bill in full, the telephone company may continue to serve the customer if the customer and the telephone company agree on a reasonable portion of the outstanding bill to be paid immediately, and the manner in which the balance of the outstanding bill will be paid.

02.Reasonableness. In deciding on the reasonableness of a particular agreement, the telephone company will take into account the customer’s ability to pay, the size of the unpaid balance, the customer’s payment history and length of service, and the amount of time and reasons why the debt is outstanding.(3-31-22)

03.Application of Payment. Payments are to be applied first to the undisputed past due balance owed by the customer for local exchange services. In discussing or negotiating payment arrangements, the telephone company shall advise the customer what amount of payment the customer must allocate to local exchange service or to long-distance service or other goods and services in order to retain those goods and services.(3-31-22)

04.Second Arrangement. If a customer fails to make the payment by the agreed due date, the telephone company may, but is not obligated to, enter into a second arrangement.(3-31-22)

05.When Arrangement Not Binding. No payment arrangement binds a customer if it requires the customer to forego any right provided for in these rules.(3-31-22)

IDAPA 31.41.01.310 Denial, Restriction, Modification, or

TERMINATION OF LONG-DISTANCE

SERVICE OR OTHER SERVICES (RULE 310).

01.Compliance.

Telephone companies providing long-distance services must provide reasonable notice before modifying a customer’s existing service.(7-1-25)

02.Failure to Pay. A customer’s failure to pay for undisputed long-distance charges billed by the local exchange company may result in loss of 0+ or 0- and 1+ dialing access to long-distance services until such time as the customer pays the undisputed charges and any applicable reconnection charges.(3-31-22)

03.Loss of Services. Customer failure to pay undisputed charges for other services may result in loss of those services.(3-31-22)

IDAPA 31.41.01.311 Cessation of Service in a Service Area (rule 311)

01.Single Local Service Provider.

A telephone company that intends to terminate a service regulated under Title 61, Idaho Code, and an eligible telecommunications carrier that intends to terminate its universal service obligation in an area where it is the only eligible telecommunications carrier, must comply with the following:

a.Petition the Commission for authority to terminate the service at least ninety (90) days before the company intends to terminate the service. If the Commission does not deny the petition or set it for hearing within ninety (90) days after receiving the petition, it shall be deemed approved;(3-31-22)

b.Mail a notice to each affected customer and to each telecommunications provider affected by the proposed cessation no later than ten (10) days after filing its petition with the Commission. (3-31-22)

c.Include with its petition a copy of the notice to customers and the number of customers affected by the proposed cessation;(3-31-22)

d.Demonstrate that the termination will not deprive the public of necessary telephone services;

e.Obtain Commission approval before transferring customers to other telecommunications providers.

02.Competitive Local Service Provider. A local exchange company that intends to terminate local exchange service that is not subject to regulation under Title 61, Idaho Code, and an eligible telecommunications carrier that intends to terminate its universal service obligation in an area where it is not the only eligible telecommunications carrier, must comply with the following: (3-31-22)

a.Provide notice to the Commission and each affected customer at least forty-five (45) days prior to the proposed termination of service;(3-31-22)

b.Inform the Commission of the number of customers and the other providers affected by the proposed termination, and the company’s plan to ensure that all customers served by the company will continue to be served;(3-31-22)

c.The telecommunications company may, after complying with this rule, transfer customers to another telecommunications provider without obtaining affirmative approval from affected customers if the following conditions are satisfied:(3-31-22)

i.The company terminating service has a written commitment from another provider to accept all of the exiting company’s customers within the receiving company’s service area;(3-31-22)

ii.All affected customers are notified at least forty-five (45) days in advance that they may apply to another telecommunications company for the service that is being terminated, and that if they do not obtain service from another provider, then the exiting company will automatically transfer them to the receiving company.

iii.The receiving company may provide service to the terminating company’s customers for up to forty-five (45) days without the affected customer applying for service from the receiving company. If the affected customers do not apply for service from or otherwise affirm an agreement to be served by the receiving company within forty-five (45) days, the receiving company may discontinue service.(3-31-22)

IDAPA 31.41.01.312 (Reserved)

COMPLAINT PROCEDURE

Rules 400 through 499

IDAPA 31.41.01.400 Complaint to Telephone Company (rule 400)

01.Compliant.

A customer for service may complain to the telephone company about any deposit or guarantee required as a condition of service, billing, termination of service, quality or availability of service, or any other matter regarding telephone company services, policies or practices for local exchange service, and other services. Complaints to the telephone company may be made orally or in writing. A complaint is considered filed when received by the telephone company. In making a complaint, the customer will state the customer’s name, service address, telephone number and the general nature of the complaint.(3-31-22)

02.Investigation by Utility. The telephone company will promptly, thoroughly and completely investigate the complaint, notify the customer of the results of its investigation and make a good faith attempt to resolve the complaint. The oral or written notification will advise the customer that the customer may request the Commission to review the telephone company’s proposed disposition of the complaint.(3-31-22)

03.Service Maintained. The telephone company will not terminate service based upon the subject matter of the complaint while investigating the complaint or making a good-faith attempt to resolve the complaint.

IDAPA 31.41.01.401 Complaint to Commission (rule 401)

01.Informal Complaint.

The Commission has authority to investigate and resolve complaints made by subscribers to telecommunication services that concern the quality and availability of local exchange service, or whether price and conditions of service are in conformance with filed tariffs or price lists, deposit requirements for such service or disconnection of such service. If a customer who has complained to a telephone company is dissatisfied with a telephone company’s proposed disposition of the complaint, the customer may request the Commission to review informally the disputed issue and the telephone company’s proposed disposition of the complaint. The Commission may consider complaints regarding any telephone services over which the Commission has authority.(3-31-22)

02.Termination of Service - Undisputed Bills. Telephone service will not be terminated nor shall termination be threatened by notice or otherwise while the complaint is pending before the Commission. The telephone company may continue to issue bills and request payment from the customer of any undisputed amounts.

03.Rights Protected. No customer will be denied the opportunity to file an informal or formal complaint with the Commission.(3-31-22)

IDAPA 31.41.01.402 Record of Complaints (rule 402)

01.Recordkeeping.

Each telephone company must keep a record of written complaints. These records must be retained for a minimum of one year by the telephone company where the complaints were received. These written records are to be readily available upon request by the complaining customer, the customer’s agent possessing written authorization, or the Commission. (7-1-25)

02.Reporting. When previously requested by the Commission, a telephone company must submit a report to the Commission that states and classifies the number of complaints made to the telephone company pursuant to Rules 400 and 401 and the general subject matter of the complaints.(3-31-22)

IDAPA 31.41.01.403 Telephone Company Response to I

NFORMAL COMPLAINTS (RULE 403).

Within ten (10) business days of receiving notification tha t an informal complaint involving the telephone company has been filed with the Commission, telephone companies must respond either orally or in writing to the Commission. A telephone company will be granted an extension of time to prepare its response if it represents that it is making a good faith effort to resolve the matter in dispute. A full and complete response should be submitted to the Commission no later than thirty (30) days after receipt of notification from the Commission.(3-31-22)

IDAPA 31.41.01.404 (Reserved)

QUALITY OF SERVICE

Rules 500 through 599

IDAPA 31.41.01.500 Quality of Service (rule 500)

01.Service Standards. Each t elephone company providing local exchange service pursuant to Title 61 or Title 62, Idaho Code, as applicable, and each eligible telecommunications carrier (ETC) is required to employ prudent management and engineering practices to ensure that customers receive the best quality of service practicable. Each telephone company is required to adopt and pursue a maintenance program aimed at achieving efficient operation of its systems to render safe, adequate and uninterrupted service. These programs must include guidelines for keeping all plant and equipment in good repair, including the following:(3-31-22)

a.Broken, damaged or deteriorated equipment must be promptly repaired or replaced; and (3-31-22)

b.Transmission problems (including induction, cross-talk, or other poor transmission on any line) must be promptly corrected when located or identified.(3-31-22)

02.Service Outage. If a customer’s local telephone service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communication because of cross-talk, static or other transmission problem, the telephone company must respond to a customer’s report of such a “service outage” in accordance with Rule 502.(3-31-22)

IDAPA 31.41.01.501 Response to Service Outage (rule 501)

01.Receipt and Recording of Reports. Each telephone company providing local exchange service will provide for the receipt of customer trouble reports at all hours and make a full and prompt investigation of and response to all reports. The telephone company will maintain an accurate record of trouble reports made by its customers. This record will include accurate identification of the affected customer or service, the time, date and nature of the report, the action taken to clear the trouble or satisfy the customer, and the date and time of trouble clearance or other disposition. This record will be available to the Commission or its authorized representatives upon request at any time within two (2) years of the date of the record.(3-31-22)

02.Repair Commitments. Commitments to customers for repair service will be set in accordance with Rule 502. Each telephone company will make every reasonable attempt to fulfill repair commitments to customers. Customers shall be timely notified of unavoidable changes.(3-31-22)

IDAPA 31.41.01.502 Repair Service Standards (rule 502)

01.Restoration of Service.

When a telephone company providing local exchange service is informed by a customer of a service outage as described in Rule 500.02, the telephone company will restore service within forty-eight (48) hours after the report of the outage, except:(3-31-22)

a.Restore service within sixteen (16) hours after the report of the outage if the customer notifies the telephone company that the service outage creates an emergency for the customer; or(3-31-22)

b.For outages reported on Friday, Saturday or Sunday, the company must restore service no later than the following Tuesday by 6 p.m.(3-31-22)

02.Extenuating Circumstances. Following disruption of telephone service caused by natural disaster or other causes not within the telephone company’s control and affecting large groups of customers, or in conditions where the personal safety of an employee would be jeopardized, the telephone company is required to use reasonable judgment and diligence to restore service, giving due regard for the needs of various customers. When a customer causes the customer’s own service outage or does not make a reasonable effort to arrange a repair visit within the service restoration deadline, or when the telephone company determines that the outage is attributable to the customer’s own equipment or inside wire, the telephone company is not required to meet the restoration timelines of Rule 502.01.(3-31-22)

03.Compliance Standard. Each month at least eighty percent (80%) of out-of-service trouble reports shall be cleared in accordance with Rules 502.01 and 502.02.(3-31-22)

IDAPA 31.41.01.503 Paytelephone Emergency Access Required (rule 503)

01.Access to Emergency Services.

All telephones connected to an OSP are required:(3-31-22)

a.To provide direct access to a local exchange company operator for access to emergency services by dialing “0” (except for OSP customers like hotels, motels, hospitals, dormitories, etc., that direct “0” calls to a person on the OSP customer's premises), and(3-31-22)

b.Where available, to provide direct access to emergency service providers by dialing “911”, unless exempted by the Commission pursuant to Rule 102.02 of this rule. Unless exempted, access to the OSP network (other than the local exchange company's) may be made through any other access number or keypad symbol.

Exempted providers are required to maintain current lists of local emergency numbers.(3-31-22)

c.Provide or pass through the information required by Enhanced 911 service providers, including but not limited to, signaling system seven (“SS7”) and automatic number identification (“ANI”).(3-31-22)

02.Emergency Dialing Instructions. All pay telephones owned or controlled by the OSP customer must be posted with emergency dialing instructions.(3-31-22)

IDAPA 31.41.01.504 Paytelephone Approved Instruments -- Operation of Instruments (rule 504)

01.Registered or Exempt Instruments.

All PSPs connecting pay telephones to the network must connect pay telephone instruments that:(3-31-22)

a.Are registered under 47 CFR Part 68 of the Federal Communications Commission (FCC) Rules and Regulations (October 1, 2000) and comply with all Americans with Disabilities Act (ADA) requirements listed in the Code of Federal Regulations at 28 CFR Part 36 (July 1, 2000) and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (“ADAAG”) (July 1, 2000).(3-31-22)

b.If not registered, are connected behind a protective coupler registered under Part 68 of the FCC Rules and Regulations; or(3-31-22)

c.Are exempted from registration by the FCC. See Title 47, Part 68.1 through 68.318 (October 1, 2000).(3-31-22)

02.Instruments for the Hearing Impaired. All owners of PSPs connecting pay telephones to the network must connect pay telephones that comply with the requirements of the Telecommunications for the Disabled Act of 1982 (January 3, 1983) and 47 CFR. Parts 68.112 and 68.316 (October 1, 2000) (which address access to the handicapped and hearing aid compatibility).(3-31-22)

IDAPA 31.41.01.505 Paytelephone Emergency Numbers (rule 505)

Pay telephones must allow coin-free operator and emergency 911 access in any exchange in which 911 service is available.

Where 911 service is not available, instructions for completing coin-free emergency calls must be posted on the pay telephone instrument as required in Rule 207.(3-31-22)

IDAPA 31.41.01.506 Connection of Pay Tele

PHONES (RULE 506).

Pay telephones shall be connected only to public access lines (PAL). Every LEC must offer a PAL tariff or price list.

There must be one (1) PAL for each pay telephone instrument.(3-31-22)

IDAPA 31.41.01.507 (Reserved)

MISCELLANEOUS PROVISIONS

Rules 600 through 699

IDAPA 31.41.01.600 Information to Customers (rule 600)

01.Required Information. Each telephone company providing local exchange service will make the following information available to its customers:(3-31-22)

a.A summary of the general terms and conditions under which service is provided, referring to these rules as appropriate;(3-31-22)

b.A clear and concise explanation of:(3-31-22)

i.All the goods and services for which the customer is billed, including those goods and services provided as part of a package offered by the telephone company;(3-31-22)

ii.All recurring charges associated with individual goods and services or package of goods and services for which the customer is billed;(3-31-22)

iii.Any early termination fees that apply if the customer terminates service prior to the end of a service agreement or contract period;(3-31-22)

iv.The telephone company’s dispute resolution procedures and a statement that an informal or formal complaint may be filed with the Commission; and(3-31-22)

v.If the customer subscribes to non-published service, the circumstances under which the telephone company will release information about the customer or the customer’s service and to whom it will be released.

02.When and How Information Provided. Information will be provided to customers in writing upon initiation of service and whenever a material change in the terms and conditions of service or charges for goods and services takes place. Information provided upon initiation of service may be separately mailed or included with the paper or electronic billing statement delivered to the customer. Subsequent notices may be made by separate mailing, included with a billing statement or, with the customer’s consent, by electronic notice with reference to information contained on the telephone company’s website.(3-31-22)

IDAPA 31.41.01.601 Access to Emergency Services (rule 601)

In counties where consolidated emergency communications systems, as defined by Section 31-4802, Idaho Code, are established, the local exchange company will provide access to those services to all its customers.(3-31-22)

IDAPA 31.41.01.602 Request for Telephone Company Records (rule 602)

01.General Rule. If any telephone company subject to these rules is directed by subpoena or court order to disclose customer records, as soon as practical, it will notify the customer what records were requested and of the company’s response to the request. In no case will the reasonable period of time under this rule exceed two (2) business days after deciding to abide by that request.(3-31-22)

02.Exceptions. This rule does not apply if a judge of a court of competent jurisdiction has ordered a telephone company not to disclose that it has complied with a court order or subpoena to turn over a customer’s telephone records.(3-31-22)

IDAPA 31.41.01.603 (Reserved)

IDAPA 31.41.01.604 Public Notice (rule 604)

Public notice required by 62-606 must be reasonably designed to call affected customers’ attention to the proposed changes in rates. Legal advertisements alone will not be considered adequate public notice. Individual notice to all customers affected will always constitute public notice. Notices of rate increases must be provided to individual customers at least ten (10) days before change is effective.(7-1-25)

IDAPA 31.41.01.605 (Reserved)

IDAPA 31.41.01.606 Information, Price Lists or Tariffs for Non-Local Exchange Service (rule 606)

01.Information to be Filed.

The following must be additionally included on any notice required pursuant to 62-604(1)(b), Idaho Code:(7-1-25)

a.An agent in Idaho for service of process by the Commission in the state of Idaho including the agent’s United States and electronic (if available) mailing addresses;(3-31-22)

b.Address(es) and toll-free telephone number(s) for personnel responsible for handling consumer inquiries, complaints, etc., by the public; and(3-31-22)

c.Name(s), United States mail and electronic (if available) addresses, 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.(3-31-22)

02.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 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 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.(3-31-22)

IDAPA 31.41.01.607 Price Lists or Tariff Filings (rule 607)

01.Price Lists or Tariffs.

The notice requirements of Section 62-606, Idaho Code, for price lists or tariffs must include:(7-1-25)

a.Contain a title page identifying the telephone corporation;(3-31-22)

b.Show on each page the name of the company, the date of issuance and an effective date for their rates;(3-31-22)

c.Contain a table of contents;(3-31-22)

d.Number pages and paragraphs describing the services;(3-31-22)

e.Show when pages or services have been cancelled or revised; and(3-31-22)

f.Provide a mechanism (e.g., page revision numbers) for tracing additions, deletions or amendments to the price list or tariff. The price lists or tariffs must include schedules of rates for each type of service generally made available to subscribers, showing the effective date of all rates and charges and listing any rules and regulations associated with provision of the services. Surcharges, discounts, hours of availability, minimum service periods, and other conditions of service must be detailed.(3-31-22)

02.Changes to Price Lists or Tariffs. Changes to price lists or tariffs must be accompanied by a letter of transmittal stating how affected customers received notice of the changes to price lists or tariffs.(7-1-25)

03.Tracking Price Lists or Tariffs. Each revision to a price list or tariff must be accompanied by a cover letter summarizing the changes to the price list or tariff, specifically referring to existing tariff pages affected by the new price list or tariff and stating whether new pages replace, are in addition to, or delete existing pages. The Commission Secretary may adopt a system to number each company’s changes to its price lists or tariffs. (3-31-22)

IDAPA 31.41.01.608 Form and Number of Copies of Price List or Tariff (rule 608)

Price lists or tariffs filed pursuant to Section 62-606, Idaho Code, or by this Commission’s implementation of Section 62-616, Idaho Code, must have a blank space approximately three by one and one-half inches (3" x 1-1/2”) square provided for the Commission’s filing stamp in the upper right or lower right corner of each schedule filed. An original and three (3) copies of the price list or tariff must be filed with the Commission. The Commission stamps its indication that the price list or tariff has been filed in the space provided on each copy of the price list or tariff, placing the original in its files and returning one copy to the telephone corporation.(3-31-22)

IDAPA 31.41.01.609 (Reserved)

SLAMMING PROVISIONS

Rule 702

IDAPA 31.41.01.702 State Procedures (rule 702)

01.Procedure.

The Commission’s Consumer Assistance Staff shall be responsible for resolving slamming complaints under the Commission’s informal complaint procedures in IDAPA 31.01.01, “Rules of Procedure of the Idaho Public Utilities Commission,” Rules 21 through 24. Not later than twenty-one (21) calendar days after notification of a slamming complaint, the alleged unauthorized carrier shall provide to the Consumer Assistance Staff a copy of any valid proof of verification of the carrier change and any other evidence relevant to the complaint.(7-1-25)

IDAPA 31.41.01.703 (Reserved)

31.31.01 Gas Service Rules

IDAPA 31.31.01.000 Legal Authority (rule 0)

Chapters 1 through 7, Title 61, Idaho Code, and Sections 61-301 , 61-302, 61-303, 61-315, 61-503, 61-507, 61-515, and 61-520, Idaho Code.(7-1-24)

IDAPA 31.31.01.001 Scope (rule 1)

This chapter applies to all gas utilities in their provision of gas service.(7-1-24)

IDAPA 31.31.01.002 Incorporation by Reference (rule 2)

01.Testing of Smaller Capacity Meters. A vailable at: ANSI/ASQ Z1.4 and Z1.9 - Sampling Procedures and Tables Package.(7-1-24)

IDAPA 31.31.01.003 (Reserved)

CONSTRUCTION, OPERATION, AND MAINTENANCE OF FACILITIES FOR

TRANSMISSION AND DISTRIBUTION OF GAS

Rules 101 through 200 PRELIMINARIES FOR SERVICE Rules 101 through 150

IDAPA 31.31.01.101 Maps of Facilities (rule 101)

01.Maps, Plans, and Records. G as corporations must maintain maps, plans, and records as prescribed by this rule. The gas corporation will keep in the principal office of each of its division or district a map or maps and information about the distribution system that will enable the local representatives to furnish information about the gas corporation regarding rendering of service to existing and prospective customers of the gas corporation. The maps will show the size, character, and location of each street main, district regulator, street valve and drip, and when practicable, each service connection in the corresponding territory served. In lieu of showing date of installation and service locations on maps, a card record or other suitable means may be used.(7-1-24)

02.Maps of Manufacturing, Mixing, Compressor, and Storage Facilities. Each gas manufacturing or mixing plant and each compressor station and storage facility shall be provided with an accurate ground plan drawn to a suitable scale, showing the entire layout of the plant or station, the location, size, and character of plant, equipment, major pipelines, connections, valves, and other facilities used for the production and delivery of gas, all properly identified.(7-1-24)

IDAPA 31.31.01.102 (Reserved)

STANDARDS FOR SERVICE

Rules 151 through 200

IDAPA 31.31.01.151 Standard for Service (rule 151)

Service to the customer shall assure the customer of adequate pressure , a definite heat content, and accurate measurement of gas.(7-1-24)

IDAPA 31.31.01.152 Periodic Tests of Customer Meters (rule 152)

01.Testing of Smaller Capacity Meters. Meters with capacities up to and including one thousand (1 000) cubic feet per hour (cfh) that have been in service ten (10) or more years as established by last set date shall be tested within a prescribed sample size as determined in accordance with ANSI/ASQ Z1.4 and Z1.9 2003 (R2018), which are incorporated by reference.(7-1-24)

02.Testing of Larger Capacity Meters. Meters with capacities greater than one thousand (1000) cfh that have been in service ten (10) years as established by last set date shall be replaced or field tested.(7-1-24)

IDAPA 31.31.01.153 Meter Proving (rule 153)

01.Meter Provers.

Each gas corporation shall own at least one (1) meter prover of a type approved by the Commission and shall maintain such equipment in proper adjustment and so calibrated that the error of indication shall not exceed one-half percent. No meter prover shall be so placed as to subject it to excessive temperature variation and each meter prover shall be equipped with suitable thermometers and other necessary accessories.

Additional meter proving station shall be installed when and where found necessary by the Commission.(7-1-24)

02.Testing Apparatus for Large Capacity Meters. Each gas utility using orifice meters, high pressure meters, proportional meters, or other large capacity meters shall own and maintain testing apparatus of a type approved by the Commission.(7-1-24)

03.Accuracy of Meter Provers and Testers. The accuracy of all provers and methods of operation may be established from time to time by a representative of the Commission. Any alterations, accidents, or repairs that might affect the accuracy of any meter prover, or the method of operating it, shall be promptly reported in writing to the Commission.(7-1-24)

IDAPA 31.31.01.154 Customer Meter Accuracy Requirements (rule 154)

01.Accuracy of Meters.

A gas meter installed for the use of any customer shall not be more than two percent (2%) slow or fast.(7-1-24)

02.Removal of Defective Meters From Service. No meter that is mechanically defective shall be placed in service or allowed to remain in service after the defect has been discovered. When any gas meter is not connected in service, the inlet and outlet shall be capped to prevent the drying out of the diagrams.(7-1-24)

IDAPA 31.31.01.155 Customer Meter Test Loads (rule 155)

01.Testing of Meters.

All tests to determine the accuracy of registrations of gas service meters shall be made with a suitable meter prover or testing equipment. Unless exempted by order of the Commission, at least two (2) test runs shall be made on each bellows type displacement meter, the results of which shall agree with each other within one percent (1%).(7-1-24)

02.Gas Flows During Testing. The rate of flow to be used in testing all capacity meters shall be twenty percent (20%) (Check) and eighty percent (80%) to one hundred percent (100%) (Open) of the rated capacity.

(7-1-24)

IDAPA 31.31.01.156 Customer Meter Test Records (rule 156)

01.Records of Meter Tests.

Annually each gas utility will make tabulations of the results of all meter accuracy tests required by these rules and keep records of tests of the accuracy of each of its meters, until superseded by a later test, but not less than two (2) years. These records shall give:(7-1-24)

a.Sufficient information to identify the meter;(7-1-24)

b.The reason for the test;(7-1-24)

c.The date of the test and reading of the meter;(7-1-24)

d.The name of the person making the test; and(7-1-24)

e.The accuracy as found and as left, with enough data taken at the time of the test to permit the convenient checking of the methods employed and the calculations.(7-1-24)

IDAPA 31.31.01.157 (Reserved)

31.21.01 Customer Relations Rules for Gas, Electric, and Water Public Utilities (the Utility Customer Relations Rules)

IDAPA 31.21.01.000 Legal Authority (rule 0)

Chapters 1 through 7, Idaho Code and Sections 61-301, 61 -302, 61-303, 61-315, 61-503, 61-507, and 61-520, Idaho Code.(7-1-24)

IDAPA 31.21.01.001 Scope (rule 1)

This chapter provides a set of fair, just, reasonable, and non-di scriminatory rules with regard to deposits, guarantees, billing, application for service, denial of service, termination of service and complaints to utilities.(7-1-24)

IDAPA 31.21.01.002 (Reserved)

IDAPA 31.21.01.003 Administrative Appeals (rule 3)

Any person requesting and receiving an informal staff determination with regard to a complaint may formally request the Commission to review the staff’s determination. If unusual hardships result from the application of any of these rules, any person may apply to the Commission for, or the Commission on its own motion may order, a permanent or temporary exemption. A formal complaint or request for exemption must be filed with the Commission pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.(7-1-24)

IDAPA 31.21.01.004 (Reserved)

IDAPA 31.21.01.005 Definitions (rule 5)

The following definitions are used in this title and chapter:(7-1-24)

01.Applicant. Unless restricted by definition within a rule or group of rules to a particular class of service, “applicant” means any potential customer who applies for service from a utility. Utilities may require an adult or minor competent to contract to join a minor not competent to contract as an applicant.(7-1-24)

02.Customer. Unless restricted by definition within a rule or group of rules to a particular class of customer, “customer” means any person who has applied for, has been accepted by the utility, and is:(7-1-24)

a.Receiving service from a utility; or(7-1-24)

b.Has received service within the past ten (10) calendar days prior to termination by the utility; or

c.Has assumed responsibility for payment of service provided to another or others. If the person receiving service is not the same person as the person assuming responsibility for payment of service, the latter is the customer for purposes of obtaining or terminating service, receiving refunds, or making changes to the account.

IDAPA 31.21.01.006 (Reserved)

IDAPA 31.21.01.009 Informal Complaints and Interpretation of Rules (rule 9)

Commission staff may informally interpret these rules and utili ty tariffs and investigate complaints filed with this Commission. The Commission reserves the authority to issue orders interpreting these rules and utility tariffs, and resolving formal complaints.(7-1-24)

IDAPA 31.21.01.010 Conflict with Utility Tariffs (rule 10)

If a utility’s tariff denies or restricts customer rights protected by these rules, thes e rules supersede the conflicting tariff provisions.(7-1-24)

IDAPA 31.21.01.011 (Reserved)

RESIDENTIAL AND SMALL COMMERCIAL; DEPOSITS

Rules 100 through 199

IDAPA 31.21.01.100 Further Definitions (rule 100)

As used in Rules 101 through 109:(7-1-24)

01.Applicant. “Applicant” is restricted from its general definition to refer only to applicants for residential or small commercial service, unless further restricted by the rule.(7-1-24)

02.Customer. “Customer” is restricted from its general definition to refer to a residential or small commercial customer, unless further restricted by the rule.(7-1-24)

03.Deposit. “Deposit” means any payment held as security for future payment or performance that is reimbursable after the customer establishes good credit.(7-1-24)

IDAPA 31.21.01.101 Deposit Requirements (rule 101)

01.Residential Customers. Ut ilities will not demand or hold a deposit from any current residential customer or applicant for residential service without proof that the customer or applicant is likely to be a credit risk or to damage the utility’s property. A lack of previous history with the utility does not, in itself, constitute such proof.

Utilities will not demand or hold a deposit under this rule as a condition of service from a residential customer or applicant unless one or more of the following criteria applies:(7-1-24)

a.The customer or applicant has outstanding a prior residential service account with the utility that accrued within the last four (4) years and at the time of application for service remains unpaid and not in dispute.

b.The customer’s or applicant’s service from the utility has been terminated within the last four (4) years for one (1) or more of the following reasons:(7-1-24)

i.Nonpayment of any undisputed delinquent bill;(7-1-24)

ii.Obtaining, diverting or using service without the utility’s authorization or knowledge.(7-1-24)

c.The utility has determined that information provided by the applicant upon application for service is materially false or materially misrepresents the applicant’s true status.(7-1-24)

d.The applicant has not had service with the utility for a period of at least twelve (12) consecutive months during the last four (4) years, and does not pass an objective credit screen.(7-1-24)

e.The applicant requests service at a residence where a former customer who owes a past due balance for service incurred at that location still resides.(7-1-24)

f.The utility has given the customer two (2) or more written final notices of termination within the last twelve (12) consecutive months.(7-1-24)

02.Small Commercial Customers. Utilities will not demand or hold a deposit as a condition of service from any current small commercial customer or applicant for small commercial service unless one or more of the following criteria apply:(7-1-24)

a.Any criteria listed in Rule Subsection 101.01 are present.(7-1-24)

b.The applicant has not had previous service with that utility.(7-1-24)

03.Bankrupt Customers. If an applicant or a customer has sought any form of relief under the Federal Bankruptcy Laws, has been brought within the jurisdiction of the bankruptcy court for any reason in an involuntary manner, or has had a receiver appointed in a state court proceeding, then deposit may be demanded as allowed by the Federal Bankruptcy Laws.(7-1-24)

IDAPA 31.21.01.102 Other Deposit Standards Prohibited -- Residential Customers (rule 102)

Utilities will not require a deposit or other guarantee as a con dition of new or continued residential utility service based upon residential ownership or location, income level, source of income, employment tenure, nature of occupation, race, creed, sex, age, national origin, marital status, number of dependents, or any other criterion not authorized by these rules. Rules governing deposits will be applied uniformly.(7-1-24)

IDAPA 31.21.01.103 (Reserved)

IDAPA 31.21.01.104 Explanation for Requirement of Deposit (rule 104)

If the utility requires a cash deposit as a condition of providing service, then it will immediately notify the applicant or custom er verbally or in writing why a deposit is required. The applicant or customer will have an opportunity to rebut those reasons. The notice will also advise the applicant or customer that if there is a dispute, an informal or formal complaint may be filed with the Commission.(7-1-24)

IDAPA 31.21.01.105 Amount of Deposit (rule 105)

01.Amount of Deposit.

A deposit allowed pursuant to Rule 101 as a condition of service will not exceed one-sixth (1/6) the amount of reasonably estimated billing for one (1) year at rates then in effect. Where gas service is used for space heating purposes only, the deposit will not exceed the total of the two (2) highest months’ bills during the previous twelve (12) consecutive months, adjusted for currently effective rates. Deposit amounts will be based upon the use of service at the premises during the prior year or upon the type and size of equipment using the utility’s service.(7-1-24)

02.Installment Payments of Deposit. The utility will advise the applicant or customer that the deposit may be paid in two (2) installments. One-half (1/2) of the deposit amount is due immediately with the remaining installment payable in one (1) month.(7-1-24)

IDAPA 31.21.01.106 Interest on Deposits (rule 106)

01.Interest Payable.

Interest will be payable on all deposited amounts at the rate provided by Subsection 106.02 of this rule. Interest will accrue from the date the deposit or deposit installment is made until the deposit is refunded or applied to the customer’s utility bill; however, interest will not accrue on a deposit or deposit installment if:(7-1-24)

a.Service is terminated temporarily at the request of a customer who leaves the deposit with the utility for future use as a deposit; or(7-1-24)

b.Service has been permanently terminated and the utility has been unsuccessful in its attempt to refund a deposit.(7-1-24)

02.Interest Rate. On or before November 15 of each year, the Commission will determine the twelve month average interest rate for one-year Treasury Bills for the previous November 1 through October 31, round that rate to the nearest whole percent, and notify the utilities of its determination of this interest rate. That rate will be in effect for the following calendar year for all deposits described in Rule Subsection 106.01 of this rule.(7-1-24)

IDAPA 31.21.01.107 Return of Deposit (rule 107)

01.Former Customers. Up on termination of service, the utility will credit the deposit (with accrued interest) to the final bill and promptly return any remaining balance to the customer.(7-1-24)

02.Existing Customers. If the customer has paid all undisputed bills and has no more than one (1) late payment during the past twelve (12) consecutive months of service, the utility will promptly return the deposit (with accrued interest) by either crediting the customer’s current account or issuing a refund.(7-1-24)

03.Retention During Dispute. The utility may retain the deposit pending the resolution of a dispute over termination of service. If the deposit is later returned to the customer, the utility will pay interest at the annual rates established in Rule 106 for the entire period over which the deposit was held.(7-1-24)

04.Early Return of Deposit. A utility may refund a deposit plus accrued interest in whole or in part at any time before the time prescribed in this rule.(7-1-24)

IDAPA 31.21.01.108 Transfer of Deposit (rule 108)

Deposits will not be transferred from one customer to another customer or between classes of s ervice, except at the customer’s request. When a customer with a deposit on file transfers service to a new location within the same utility’s service area, the deposit (with accrued interest) will be either transferred to the account for the new location or credited to the customer’s current account.(7-1-24)

IDAPA 31.21.01.109 Records of Deposit (rule 109)

01.Records of Deposit. Each cust omer paying a deposit or the initial installment on a deposit must be provided the following information in writing:(7-1-24)

a.Name of customer and service address for which deposit is held;(7-1-24)

b.Date of payment(s);(7-1-24)

c.Amount of payment(s); and(7-1-24)

d.Terms and conditions governing the return of deposits.(7-1-24)

02.Retention of Records. Each utility will maintain records that will enable a customer entitled to a return of a deposit to obtain a refund even though the customer may be unable to produce a record of the deposit. The utility will maintain a detailed record of all deposits received from customers, showing the name of each customer, the location of the premises occupied by the customer when the deposit is made and each successive location occupied by the customer while the deposit is retained, and the date(s) and amount(s) of the deposits or installments.

The utility will retain records of deposits that have been refunded to customers for a period of three (3) years after the date of refund. The utility shall retain records of unclaimed deposits for seven (7) years as required by Section 14- 531, Idaho Code.(7-1-24)

03.Transfer of Records. Upon the sale or transfer of any utility or any of its operating units, the seller will certify to the Commission that it has a list showing the names of all customers whose service is transferred and who have a deposit on file, the date the deposit was made, and the amount of the deposit.(7-1-24)

IDAPA 31.21.01.110 (Reserved)

BILLING

Rules 200 through 299

IDAPA 31.21.01.200 Further Definition (rule 200)

As used in Rules 201 through 207, “bill” or “billing statement” refers to a written request for payment listing charges for services provided. An electronic billing statement may be provided upon customer request. Oral notice of the amount of charges pending is not a bill.(7-1-24)

IDAPA 31.21.01.201 Issuance of Bills -- Contents of

BILLS (RULE 201).

01.Billing Statements. Bi lling statements will be issued regularly and will contain the following information:(7-1-24)

a.The date the billing statement was issued.(7-1-24)

b.The time period covered by the billing statement.(7-1-24)

c.The beginning and ending meter readings and the quantity of service provided, if service is metered. The billing statement must be clearly marked as estimated if meter data is unavailable.(7-1-24)

d.The due date of the bill and, if automatic payment is authorized by the customer, the date funds will be withdrawn or the credit card charged.(7-1-24)

e.An itemization of all charges, both recurring and nonrecurring.(7-1-24)

f.Any amount transferred from another account.(7-1-24)

g.Any amount past due.(7-1-24)

h.Any payments or credits applied to the customer's account since the last billing statement. (7-1-24)

i.The total amount due.(7-1-24)

j.Contact information for the utility, including the toll-free telephone number(s) available to customers for answering billing inquiries.(7-1-24)

02.Comparison of Consumption Data. Billing statements for customers of gas, electric, and certain water utilities will also include the following information:(7-1-24)

a.Each gas and electric utility will compare on each customer’s regular billing the customer’s actual consumption of gas or electricity with the customer’s actual consumption of gas or electricity for the corresponding billing period in the previous year. If the billing periods being compared contain a different number of days, the utility will adjust the data to take into account the different length of the billing periods and show the comparison as an absolute change in therm use or kilowatt hour use per day. Upon request, the utility must make degree day adjusted data available to be provided to customers for comparison.(7-1-24)

b.Each water utility with more than five thousand (5,000) customers will compare on each customer’s regular billing the customer’s actual consumption of water with the customer’s actual consumption of water for the corresponding billing period in the previous year. The usage comparison will be expressed in gallons or cubic feet based upon total consumption for each billing period or average consumption per day during each billing period.(7-1-24)

IDAPA 31.21.01.202 Due Date of Bills -- Delinquent Bills (rule 202)

01.Ordinary Due Date.

The utility may require that bills for service be paid within a specified time after the billing date. The minimum specified time after the billing date is fifteen (15) days (or twelve (12) days after mailing or delivery, if bills are mailed or delivered more than three (3) days after the billing date.) Upon the expiration of this time without payment, the bill may be considered delinquent.(7-1-24)

02.Hardship Exemption. When a residential customer certifies in writing to the utility that payment by the ordinary due date creates a hardship due to the particular date when the customer receives funds, the utility will either extend the due date up to an additional fifteen (15) days or bill the customer in a cycle that corresponds to the customer’s receipt of funds.(7-1-24)

IDAPA 31.21.01.203 Billing Errors, Billing Unde

R INCORRECT RATES, OR FAILURE TO BILL FOR

SERVICE (RULE 203).

01.Billing Errors -- Failure to Bill.

Whenever the billing for utility service was not accurately determined for reasons such as a meter malfunction or failure, incorrect installation or programming of metering equipment, or errors in preparation of bills, the utility will prepare a corrected billing. If the utility has failed to bill a customer for service provided, the utility will prepare a bill for the period during which service was provided and the customer was not billed. At its discretion, the utility may waive rebilling for undercharges.(7-1-24)

02.Billing Under Incorrect Rates. A customer has been billed under an incorrect rate if the customer was billed under a rate for which the customer was not eligible or the customer, who is eligible for billing under more than one (1) rate, was billed under a rate contrary to the customer's election or the election was made based upon erroneous information provided by the utility. If a customer is billed under an incorrect rate, the utility must recalculate the customer's past bills and correctly calculate future bills based on the appropriate rate. The utility is not required to adjust bills when it has acted in good faith based upon information provided by the customer.(7-1-24)

03.Rebilling Time Period.(7-1-24)

a.If the time when the billing error, billing under incorrect rates, or failure to bill (collectively referred to as “billing problem”) began cannot be reasonably determined to have occurred within a specific period, the corrected billings will not exceed the most recent six (6) months before the discovery of the billing problem.

b.If the time when the billing problem began can be reasonably determined and the utility determines the customer was overcharged, the corrected billings will go back to that time, but not to exceed three (3) years from the time the billing problem occurred as provided by Section 61-642, Idaho Code.(7-1-24)

c.If the time when the billing problem can be reasonably determined and the utility determines the customer was undercharged, the utility may rebill for a period of six (6) months unless a reasonable person should have known of the inaccurate billing, in which case the rebilling may be extended for a period not to exceed three (3) years. Utilities must implement procedures designed to monitor and identify customers who have not been billed or who have been inaccurately billed.(7-1-24)

04.Refunds. The utility will promptly recalculate the refund amounts overpaid by the customer and issue a credit within two (2) billing cycles. Any remaining credit balance will be credited against future bills unless the customer, after notice from the utility, requests a refund. The utility will advise the customer of the option to have any remaining credit balance exceeding twenty-five dollars ($25) refunded.(7-1-24)

05.Additional Payments. The utility will promptly prepare a corrected billing for a customer who has been undercharged indicating the amount owed to the utility. An unbilled or undercharged customer must be given the opportunity to make payment arrangements under Rule 313 on the amount due. At the customer’s option, the term of the payment arrangement may extend for the length of time that the underbilling accrued or the customer was not billed.(7-1-24)

IDAPA 31.21.01.204 (Reserved)

IDAPA 31.21.01.206 Responsibility for Payment of Bills -- Residential Customers (rule 206)

01.Customer Defined. Fo r purposes of this rule, “customer” means a customer whose name appears on the utility’s regular bill for residential service or who signed a written application for service or other document informing the customer that he or she was assuming an obligation for payment for service.(7-1-24)

02.Customer’s Responsibility. A utility will not hold a customer responsible for paying an amount owed by anyone who resides at the customer’s premises or is a member of the customer’s household, but whose name does not appear on the current bill or application for service, unless:(7-1-24)

a.The customer signs a written agreement to pay or otherwise expressly accepts responsibility for payment of the other person’s bill; or(7-1-24)

b.The customer has a legal obligation to pay the other person’s bill.(7-1-24)

03.Customer Notice. The utility will provide written notice of its intent to add to the customer’s bill for current service an amount owed for. The notice may be provided in an electronic format with the customer's consent:(7-1-24)

a.Another person’s bill; or(7-1-24)

b.Service rendered at a former service location, provided that the lapse in service exceeds sixty (60) calendar days.(7-1-24)

04.Contents of Notice. The notice must include:(7-1-24)

a.The name of the customer of record who owes the bill amount;(7-1-24)

b.The service location involved;(7-1-24)

c.The time over which the bill amount was accumulated;(7-1-24)

d.The amount owed;(7-1-24)

e.The reason(s) for adding the bill amount to the customer’s bill statement;(7-1-24)

f.A statement that payment arrangements may be made on the amount owed;(7-1-24)

g.A statement that the customer has the right to contest the utility’s proposed action with the utility or the Commission; and(7-1-24)

h.The response deadline after which the bill amount will be added to the customer’s bill statement.

05.Opportunity to Respond. The utility will give the customer at least seven (7) calendar days from the date of the proposed action to respond to the utility’s notice.(7-1-24)

IDAPA 31.21.01.207 Billing Prohibited (rule 207)

Utilities will not bill for non-utility service(s) or merchandise not ordered or otherwise authorized by the customer of record.

Any charges for these services that appear on a customer’s bill will be removed from the customer’s bill within two (2) billing cycles after the customer notifies the utility. A utility that unknowingly submits a bill containing charges for non-utility service(s) or merchandise not ordered or otherwise authorized by the customer of record will not have violated this rule if the disputed amounts are removed from the customer’s bill.(7-1-24)

IDAPA 31.21.01.208 (Reserved)

DENIAL AND TERMINATION OF SERVICE AND PAYMENT ARRANGEMENT RULES

FOR RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS

Rules 300 through 399

IDAPA 31.21.01.300 Further Definitions (rule 300)

As used in Rules 301 through 313:(7-1-24)

Applicant. “Applicant” is restricted from its general definition to refer only to applicants for residential or small commercial service, unless further restricted by the rule.(7-1-24)

02.Customer. “Customer” is restricted from its general definition to refer only to residential or small commercial customers, unless further restricted by the rule.(7-1-24)

03.Non-Utility Service. “Non-utility service” means:(7-1-24)

a.Service for which the Commission does not regulate rates, charges, or availability of service;

b.Service for which no rate or charge is contained in the utility’s tariffs; or(7-1-24)

c.Merchandise or equipment or charges for merchandise or equipment not required as a condition of receiving utility service.(7-1-24)

04.Written Notice. “Written notice” of the utility’s intent to deny or terminate service may be mailed or otherwise delivered to the applicant, resident, occupant, or customer. Written notice may be provided by electronic mail (i.e., e-mail) if the customer is billed electronically and separately consents in writing to “opt-in” to receiving electronic notification.(7-1-24)

IDAPA 31.21.01.301 Explanation for Denial of Service to Applicant (rule 301)

01.Explanation to Applicant.

If the utility intends to deny service to an applicant under Rule 302, the utility will notify the applicant verbally or in writing why the utility will deny service. The utility will advise the applicant what action(s) the applicant will take to receive service, and that if there is a dispute, the applicant may file an informal or formal complaint with the Commission.(7-1-24)

02.Written Notice. If service is currently being provided to the premises occupied by an applicant, the utility will provide written notice of its refusal to serve pursuant to Rule 312.(7-1-24)

IDAPA 31.21.01.302 Grounds for Denial or Termination of Service with Prior Notice (rule )

01.Reasons for Denial or Termination of Service.

A utility may deny or terminate service to a customer or applicant without the customer’s or applicant’s permission, but only after adequate notice has been given in accordance with these rules, for one (1) or more of the following reasons:(7-1-24)

a.With respect to undisputed past due bills the customer or applicant:(7-1-24)

i.Failed to pay;(7-1-24)

ii.Paid with a dishonored check; or(7-1-24)

iii.Made an electronic payment drawn on an account with insufficient funds.(7-1-24)

b.The customer or applicant failed to make a security deposit or an installment payment on a deposit where it is required.(7-1-24)

c.The customer or applicant failed to abide by the terms of a payment arrangement.(7-1-24)

d.The utility has determined that information provided by the customer or applicant is materially false or materially misrepresents the customer's or applicant's true status.(7-1-24)

e.The customer or applicant denied or willfully prevented the utility’s access to the meter.(7-1-24)

f.The utility determines that the customer is willfully wasting or interfering with service to the customer or other customers through improper equipment or otherwise.(7-1-24)

g.The applicant or customer is a minor not competent to contract as described in Sections 29-101 and 32-101, Idaho Code.(7-1-24)

02.No Obligation to Connect Service. Nothing in this rule requires the utility to connect service for a customer or applicant who owes money on an existing account or from a previous account if the unpaid bill is for service provided within the past four (4) years.(7-1-24)

IDAPA 31.21.01.303 Grounds for Denial or Termination of

SERVICE WITHOUT PRIOR NOTICE (RULE 303).

A utility may deny or terminate service without prior notice to the customer or applicant and without the customer’s or applicant’s permission for one (1) or more of the following reasons:(7-1-24)

01.Dangerous Conditions. A condition immediately dangerous or hazardous to life, physical safety, or property exists, or if necessary to prevent a violation of federal, state or local safety or health codes.(7-1-24)

02.Order to Terminate Service. The utility is ordered to terminate service by any court, the Commission, or any other duly authorized public authority.(7-1-24)

03.Illegal Use of Service. The service is obtained, diverted or used without the authorization or knowledge of the utility.(7-1-24)

04.Unable to Contact Customer. The utility has tried diligently to meet the notice requirements of Rule 304, but has been unsuccessful in its attempts to contact the customer affected.(7-1-24)

IDAPA 31.21.01.304 Requirements for Notice to Customers Before Termination of Service

(RULE 304).

01.Initial Notice.

If the utility intends to terminate service to a customer under Rule 302, the utility will send to the customer written notice of termination mailed at least seven (7) calendar days before the proposed date of termination. Written notice may be provided by electronic mail (i.e. e-mail) if the customer is billed electronically and separately consents in writing to receiving electronic notification. This written notice will contain the information required by Rule 305.(7-1-24)

02.Final Notice. The utility shall mail a final written notice to the customer at least three (3) calendar days, excluding weekends and holidays, before the proposed date of termination. When the utility mails a written notice at least twenty-four (24) hours before the proposed date of termination, the utility must diligently attempt to contact the customer affected, either in person or by telephone, to advise the customer of the proposed action and steps to take to avoid or delay termination. This final notice will contain the same information required by Rule 305.

(7-1-25)

03.Additional Notice. If service is not terminated within twenty-one (21) calendar days after the proposed termination date as specified in a written notice the utility will again provide notice under Subsections 304.01 and 304.02 if it still intends to terminate service.(7-1-24)

04.Failure to Pay. No additional notice of termination is required if, upon receipt of a termination notice, the customer:(7-1-24)

a.Makes a payment arrangement and subsequently fails to keep that arrangement;(7-1-24)

b.Tenders payment with a dishonored check; or(7-1-24)

c.Makes an electronic payment drawn on an account with insufficient funds.(7-1-24)

IDAPA 31.21.01.305 Contents of Notice of Intent

TO TERMINATE SERVICE (RULE 305).

01.Contents of Notice.

The written or oral notice of intent to terminate service required by Rule 304 will state:(7-1-24)

a.The reason(s), citing these rules, why service will be terminated and the proposed date of termination;(7-1-24)

b.Actions the customer may take to avoid termination of service;(7-1-24)

c.That a certificate notifying the utility of a serious illness or medical emergency in the household may delay termination as prescribed by Rule 308;(7-1-24)

d.That an informal or formal complaint concerning termination may be filed with the utility or the Commission, and that service will not be terminated on the ground relating to the dispute between the customer and the utility before resolution of the complaint (the Commission’s address and telephone number will be given to the customer); and(7-1-24)

e.That the utility is willing to make payment arrangements (this statement will be in bold print on written notices).(7-1-24)

f.That for purposes of termination, partial payments will be applied toward utility service charges first, unless the customer requests otherwise, and that charges for non-utility services cannot be used as a basis for termination.(7-1-24)

02.Additional Requirements for Gas and Electric Utilities. During the months of November, December, January and February, oral and written notices provided by gas and electric utilities to residential customers will include or be accompanied by an explanation of restrictions on termination of service and the availability of the Winter Payment Plan described in Rule 306.(7-1-24)

IDAPA 31.21.01.306 Termination of Residential Gas and Electric Service -- Winter Payment

PLAN (RULE 306).

01.Restrictions on Termination of Service to Households with Childr en, Elderly, or Infirm.

Except as provided in Rule 303, no gas or electric utility may terminate service or threaten to terminate service during the months of December through March to any residential customer who declares that he or she is unable to pay in full for utility service at the primary household and whose primary household includes children, elderly or infirm persons.(7-1-24)

02.Definitions for This Rule. For purposes of this rule:(7-1-24) a.“Children” means persons eighteen (18) years of age or younger, but customers who are emancipated minors are not children under this rule.(7-1-24) b.“Elderly” means persons sixty two (62) years of age or older.(7-1-24) c.“Infirm” means persons whose physical health or safety would be seriously impaired by termination of utility service.(7-1-24)

03.Opportunity to Participate in Winter Payment Plan. Any residential customer who declares that he or she is unable to pay in full for utility service and whose household includes children, elderly or infirm persons will be offered the opportunity to establish a Winter Payment Plan. However, no customer may be required to establish such a plan. Except as provided in Rule 303, no gas or electric utility may terminate service during the months of November through March to any customer who establishes a Winter Payment Plan before November 1. A customer may establish a Winter Payment Plan after November 1, but the extended protection from termination of service offered under such a plan will not begin until the date the plan is established. Failure of a participating customer to make payments as required will result in cancellation of the plan and elimination of the extended protection from termination of service offered under the plan. The customer may use any source of funds to satisfy the payment requirements of Winter Payment Plan.(7-1-24)

04.Amount of Payments Under Winter Payment Plan. Monthly payments under a Winter Payment Plan are equal to one-half (1/2) of the Level Pay Plan amount for that customer. The Level Payment Plan amount will be calculated according to Rule 313.06.(7-1-24)

05.Payment Arrangements Following Winter Payment Plan. If a customer who received the protection of this rule has an outstanding balance owed to the utility, the customer will either pay this balance or negotiate a new payment arrangement:(7-1-24)

a.On or after March 1, if the customer has not established a Winter Payment Plan; or(7-1-24)

b.On or after April 1, if the customer has established a Winter Payment plan. Failure of a customer to pay or make payment arrangements on or after these dates may result in termination of service.(7-1-24)

06.Successive Participation in Winter Payment Plan. A residential customer who participates in a Winter Payment Plan one (1) year will be allowed to participate in the succeeding year if the customer has honored the payment arrangements and the balance owing as of November 1 does not exceed seventy-five dollars ($75) or the customer’s utility bill for the previous thirty (30) days, whichever is greater.(7-1-24)

07.Unoccupied Residences -- Failure or Refusal to Apply for Service. Nothing in this rule prevents a gas or electric utility from terminating service to unoccupied residences or residences where the occupants have failed or refused to apply for utility service.(7-1-24)

08.Customers Who Move. During the months of December, January and February, a gas or electric utility will continue to provide service to any residential customer who made a declaration as provided for in Subsection 306.01 and subsequently moves to a new residence served by the same utility, regardless of any outstanding balance owed by the customer. If service is not connected at the new residence, service will be connected as soon as possible after the customer requests service at the new residence.(7-1-24)

09.Applicants Previously Served. During the months of December, January and February, a gas or electric utility will provide service to any residential applicant who made a declaration as provided for in Subsection 306.01 and within thirty (30) days of discontinuing service, subsequently applies for service at a new residence served by the same utility, regardless of any outstanding balance owed by the applicant. If service is not connected at the new residence, service will be connected as soon as possible after the applicant requests service at the new residence.(7-1-24)

IDAPA 31.21.01.307 Third-Party Notification -- Residential Service (rule 307)

Each gas and electric utility must provide a program for its residential customers known as Third-Party Notification.

Under this program, the utility will, at the request of the customer, notify orally or in writing a third-party designated by the customer of the utility’s intention to terminate service. The third-party will be under no obligation to pay the bill, but as provided in Rule 313.08, no customer can be considered to have refused to enter a payment arrangement unless either the customer or the designated third-party has been given notice of the proposed termination of service and of the customer’s opportunity to make payment arrangements.(7-1-24)

IDAPA 31.21.01.308 Serious Illness or Medica

L EMERGENCY (RULE 308).

01.Medical Certificate -- P ostponement of Termination of Service. A utility will postpone termination of utility service to a residential customer for thirty (30) calendar days from the date of receipt of a written certificate signed by a licensed physician or public health official with medical training. The certificate must contain the following information:(7-1-24)

a.A statement that the customer, a member of the customer’s family, or other permanent resident of the premises where service is rendered is seriously ill or has a medical emergency or will become seriously ill or have a medical emergency because of termination of service, and that termination of utility service would adversely affect the health of that customer, member of the customer’s family, or resident of the household.(7-1-24)

b.The name of the person whose serious illness or medical emergency would be adversely affected by termination and the relationship to the customer, and(7-1-24)

c.The name, title, and signature of the person certifying the serious illness or medical emergency.

02.Restoration of Service. If service has already been terminated when the medical certificate is received, service will be restored as soon as possible, but no later than twenty-four (24) hours after receipt. The customer will receive service for thirty (30) calendar days from the utility’s receipt of the certificate.(7-1-24)

03.Second Postponement. The utility may postpone termination of service upon receipt of a second certificate stating that the serious illness or medical emergency still exists.(7-1-24)

04.Verification of Medical Certificate. The utility may verify the authenticity of the certificate and may refuse to delay termination of service if it is determined that the certificate is a forgery or is otherwise fraudulent.

05.Obligation to Pay. Nothing in this rule relieves the customer of the obligation to pay any undisputed bill.(7-1-24)

IDAPA 31.21.01.309 Medical Facilities -- Shel

TER CARE (RULE 309).

Where service is provided to a customer known to the utility to be or identifying itself as a medical care facility, including a hospital, medical clinic with resident patients, nursing home, intermediate care facility or shelter care facility, a final notice of pending termination will be provided to the Commission as well as to the customer. Upon request from the Commission, a delay in termination of no less than seven (7) calendar days from the date of notice will be allowed so that action may be taken to protect the interests of the facility’s residents.(7-1-24)

IDAPA 31.21.01.310 Insufficient Grounds for Termination or Denial of Service (rule 310)

01.Termination of Service.

Utilities will not terminate service or provide notice of intent to terminate service if the unpaid bill cited as grounds for termination is:(7-1-24)

a.Less than fifty dollars ($50) or two (2) months’ charges for service, whichever is less.(7-1-24)

b.For utility service to any other customer (unless that customer has a legal obligation to pay the other customer’s bill) or for any other class of service.(7-1-24)

c.For the purchase of non-utility goods or services.(7-1-24)

d.For service provided four (4) or more years ago unless the customer has promised in writing to pay or made a payment on the bill within the last four (4) years.(7-1-24)

e.The subject of an informal or formal complaint filed with the Commission, except as provided for under Rule 401.(7-1-24)

f.At issue in a case pending before a court in the state of Idaho unless termination is authorized by court order.(7-1-24)

02.Denial of Service. A utility will not deny service or notify an applicant that the utility will deny the applicant service if any of the criteria listed in Subsection 310.01.b. through 310.01.f. apply to the unpaid bill cited as grounds for denial of service.(7-1-24)

IDAPA 31.21.01.311 Times When Service May Be Terminated -- Opportunity to Avoid

TERM

INATION OF SERVICE (RULE 311).

01.When Termination of Service Is Prohibited. Except as authorized by Rule 303 or this rule, service provided to a customer, applicant, resident or occupant shall not be terminated:(7-1-24)

a.On any Friday, Saturday, Sunday, legal holidays recognized by the state of Idaho, or on any day immediately preceding any legal holiday; or(7-1-24)

b.At any time when the utility is not open for business.(7-1-24)

02.Times When Service May Be Terminated. Service may be terminated:(7-1-24)

a.At any time when there is a dangerous condition pursuant to Rule 303.01 or the utility is ordered to do so pursuant to Rule 303.02;(7-1-24)

b.Between the hours of 8 a.m. and 5 p.m., Monday through Thursday, for any reason authorized by Rules 302 and 303;(7-1-24)

c.Between the hours of 8 a.m. and 5 p.m. on Friday for illegal use of service pursuant to Rule 303.03 or if the premises are unoccupied and service has been abandoned; or(7-1-24)

d.Between the hours of 5 p.m. and 9 p.m., Monday through Thursday, if the utility is unable to gain access to the meter during normal business hours or for illegal use of service pursuant to Rule 303.03.(7-1-24)

03.Personnel to Authorize Reconnection. Each utility shall have personnel available who are authorized to reconnect service if the conditions cited as grounds for termination are corrected to the utility’s satisfaction. Service shall be reconnected as soon as possible, but no later than twenty-four (24) hours after the utility’s conditions are satisfied and reconnection is requested.(7-1-24)

04.Opportunity to Prevent Termination of Service During Premise Visit. If a utility needs to visit a customer's premise to terminate service, the utilities employee may identify himself or herself to the customer or other responsible adult upon the premises and announce the purpose of the employee’s visit. The employee may be authorized by the utility to accept full or partial payment and, in such case, the employee will not terminate service.

Nothing in this rule prevents a utility from proceeding with termination of service if the customer or other responsible adult is not on the premises.(7-1-24)

05.Notice of Procedure for Reconnecting Service. During a premise visit the utility employee designated to terminate service may give to the customer or leave in a conspicuous location at the affected service address, a notice showing the time of and grounds for termination, steps to be taken to secure reconnection, and the telephone numbers of utility personnel or other authorized representatives who are available to authorize reconnection.(7-1-24)

06.Applicant Without Service - Customer Requested Termination. Nothing in this rule prohibits a utility from terminating service at any time pursuant to a customer’s request.(7-1-24)

IDAPA 31.21.01.312 Denial or Termination of Service to Master-Metered Accounts and

RESIDENTS OR OCCUPANTS WHO ARE NOT CUSTOMERS (RULE 312).

01.Notice to Occupants or Residents Not Customers. Except as provided in Rules 303.01 and 303.02, utilities will not deny or terminate service without providing written notice to the residents or occupants of:

a.A building or mobile home court where service is master-metered;(7-1-24)

b.A residence where the customer billed for service is not a resident or occupant of the premises being served; or(7-1-24)

c.Premises where service is being provided on an interim basis to a resident or occupant following a customer’s request to terminate service.(7-1-24)

02.Delivery and Contents of Notice. The utility must notify the residents or occupants of its intent to deny or terminate service at least two (2) calendar days, excluding weekends and holidays, before the proposed date of termination. The notice should be delivered to the premises or, in the case of multi-occupant buildings or mobile home parks, posted in common areas or a conspicuous location. The notice will state:(7-1-24)

a.The date of the notice;(7-1-24)

b.The proposed denial or termination date;(7-1-24)

c.The reason for denial or termination;(7-1-24)

d.What action(s) the resident(s) or occupant(s) must take in order to obtain or retain service in the resident’s(s’) or occupant’s(s’) own name(s); and(7-1-24)

e.That an informal or formal complaint concerning denial or termination of service may be filed with this Commission.(7-1-24)

IDAPA 31.21.01.313 Payment Arrangements (rule 313)

01.Arrangements Allowed.

When a customer cannot pay a bill in full, the utility will continue to serve the customer if the customer and the utility agree on a reasonable portion of the outstanding bill to be paid immediately, and the manner in which the balance of the outstanding bill will be paid. For customers who are unable to come to the utility’s local office to make payment arrangements, a gas or electric utility must, upon request by the customer, make payment arrangements over the telephone, by mail or at the customer’s home.(7-1-24)

02.Reasonableness. When deciding the reasonableness of a particular agreement, the utility will take into account the customer’s ability to pay, the size of the unpaid balance, the customer’s payment history, and the amount of time and reasons why the debt is outstanding.(7-1-24)

03.Application of Payment. Unless the customer designates otherwise, payments are to be first applied to the undisputed balance owed by the customer for utility services and associated installation charges, taxes, franchise fees and surcharges.(7-1-24)

04.Second Arrangement. If a customer fails to make the payment agreed upon by the date that it is due, the utility may, but is not obligated to, enter into a second such agreement.(7-1-24)

05.When Arrangement Not Binding. No payment arrangement binds a customer if it requires the customer to forego any right provided for in these rules.(7-1-24)

06.Level Pay Plans Acceptable Payment Arrangement. Payment arrangements may be in the form of a Level Pay Plan that will equalize monthly payments of all arrears, if any, and anticipated future bill amounts over a period of not less than one (1) year. No customer agreeing to a reasonable payment arrangement is required to choose this plan.(7-1-24)

07.Third-Party Contact. If a utility has been unable to contact a customer concerning termination, but has contacted the customer’s third-party designated under Rule 307 and has failed to receive a response from the customer within seven (7) days after the third-party was contacted, the utility may treat the customer as one who has been contacted and has declined to enter into a reasonable payment arrangement.(7-1-24)

IDAPA 31.21.01.314 (Reserved)

COMPLAINT PROCEDURE

Rules 400 through 599

IDAPA 31.21.01.400 Complaint to Utility (rule 400)

01.Complaint.

A customer or applicant for service may complain at any time to the utility about any deposit or written guarantee required as a condition of service, billing, termination of service, quality or availability of service, or any other matter regarding utility services, policies and practices. The customer or applicant may request a conference with the utility, but this provision does not affect any statute of limitation that might otherwise apply. Complaints to the utility may be made orally or in writing. A complaint is considered filed upon receipt by the utility. In making a complaint or request for conference, the customer or applicant will state the customer’s or applicant’s name, service address, and the general nature of the complaint.(7-1-24)

02.Investigation by Utility. The utility will promptly, thoroughly and completely investigate the complaint, notify the customer or applicant of the results of the investigation, and make a good-faith attempt to resolve the complaint. The oral or written notification will advise the customer or applicant that the customer or applicant may request the Commission to review the utility’s proposed disposition of the complaint.(7-1-24)

03.Service Maintained. The utility will not terminate service based upon the subject matter of the complaint while investigating the complaint or making a good-faith attempt to resolve the complaint.(7-1-24)

IDAPA 31.21.01.401 Complaint to Commission (rule 401)

01.Informal Complaint. If a cust omer or applicant who has complained to a utility is dissatisfied with a utility’s proposed disposition of the complaint, the customer or applicant may file an informal complaint with request the Commission. Customers and applicants are encouraged, but not required, to contact the utility before filing an informal complaint.(7-1-24)

02.Termination of Service - Undisputed Bills. Utility service must not be terminated nor termination threatened by notice or otherwise while the complaint is pending before the Commission. The utility may continue to issue bills and request payment from the customer of any undisputed amounts.(7-1-24)

03.Customer's Rights Protected. No customer or applicant will be denied the opportunity to file an informal or formal complaint with the Commission.(7-1-24)

IDAPA 31.21.01.402 Record of Complaints (rule 402)

01.Recordkeeping.

Each utility must keep a written record of complaints made under Rules 400 and 401. These records must be retained for a minimum of one (1) year by the utility. These written records are to be readily available upon request by the concerned customer, the customer’s agent possessing written authorization, or the Commission. (7-1-24)

02.Reporting. Each utility must, at the Commission’s request, submit a report to the Commission that states and classifies the number of complaints made to the utility pursuant to Rules 400 and 401, and the general subject matter of the complaints.(7-1-24)

IDAPA 31.21.01.403 Utility Response to Informal

COMPLAINTS (RULE 403).

01.Response to Commission.

Within ten (10) business days of receiving notification that an informal complaint involving the utility has been filed with the Commission, the utility must respond verbally or in writing to the Commission. A utility will be granted an extension of time to prepare its response if it represents that it is making a good faith effort to resolve the matter in dispute. A full and complete response should be submitted to the Commission no later than thirty (30) days after receipt of notification from the Commission.(7-1-24)

IDAPA 31.21.01.404 (Reserved)

RULES FOR DEPOSIT, DENIAL, AND TERMINATION OF SERVICE

FOR INDUSTRIAL, LARGE COMMERCIAL, AND IRRIGATION CUSTOMERS

Rules 600 through 699

IDAPA 31.21.01.600 Definitions (rule 600)

As used in Rules 601 through 605.(7-1-24)

Advance Payment. “Advance payment” means a payment made prior to receiving service that will be credited to the customer’s account at a later date.(7-1-24)

02.Applicant. “Applicant” means an applicant for industrial, large commercial or irrigation service.

03.Customer. “Customer” means an industrial, large commercial or irrigation customer, unless further restricted by the rule. The Commission will maintain on file a list of which customer classes of a given utility are industrial, large commercial, and irrigation.(7-1-24)

04.Deposit. “Deposit” means any payment held as security for future payment or performance that is reimbursable.(7-1-24)

05.Written Notice. “Written notice” of the utility’s intent to deny or terminate service may be mailed or otherwise delivered to the applicant, occupant or customer. Written notice may be provided by electronic mail (i.e., e-mail) if the customer is billed electronically and separately consents in writing to “opt-in” to receiving electronic notification.(7-1-24)

IDAPA 31.21.01.601 Deposit Requirements and Advance Payments (rule 601)

An applicant or customer may be required to pay a deposit or make an advance payment in accordance with the utility’s tariff filed with the Commission. If an applicant or customer has sought any form of relief under the Federal Bankruptcy Laws, has been brought within the jurisdiction of the bankruptcy court for any reason in an involuntary manner, or has had a receiver appointed in a state court proceeding, then a deposit may be demanded as allowed by the Federal Bankruptcy Laws, or as directed by the state court.(7-1-24)

IDAPA 31.21.01.602 Grounds for Denial or Termination of Service with Prior Notice (rule 602)

A utility may deny or terminate service to an industrial, lar ge commercial or irrigation customer without its permission, but only after adequate notice has been given in accordance with these rules, for one (1) or more of the following reasons:(7-1-24)

01.Any Reason Listed in Rule 302.01.a. Through 302.01.f.(7-1-24)

02.Failure to Make Advance Payment or Provide Guarantee. The customer or applicant failed to make a required advance payment, pay a deposit or provide an acceptable guarantee, when required by the applicable tariff or contract.(7-1-24)

03.Failure to Apply for Service. The customer or applicant failed to apply for service with the utility.

IDAPA 31.21.01.603 Requirements for and Contents of Notice Before Termination of Service

(R ULE 603).

01.Initial Notice. If the utility intends to terminate service under Rule 602, the utility will mail the customer written notice of termination at least seven (7) calendar days before the proposed termination date. The written notice of termination will state:(7-1-24)

02.Final Notice. The utility may mail a final written notice to customers at least three (3) calendar days, excluding weekends and holidays, before the proposed date of termination. At least twenty-four (24) hours prior to actual termination the utility will diligently attempt to contact the customer affected, either in person or by telephone, to apprise the customer of the proposed action. This final notice will contain the same information required above for written notice. Each utility will maintain clear, written records of oral notices, showing dates and the utility employee giving the notices.(7-1-24)

IDAPA 31.21.01.604 Grounds for Termination of Service Without Prior Notice (rule 604)

A utility may terminate service without prior notice to the customer as specified in Rule 602 only:(7-1-24)

Dangerous Conditions. If a condition immediately dangerous or hazardous to life, physical safety, or property exists, or if necessary to prevent a violation of federal, state or local safety or health codes.(7-1-24)

02.Order to Terminate. Upon order by any court, the Commission, or any other duly authorized public authority.(7-1-24)

03.Illegal Use of Utility. If such service is obtained, diverted or used without the authorization or knowledge of the utility; or(7-1-24)

04.Unable to Contact Customer. If the utility has tried diligently to meet the notice requirements of Rule 602, but has been unsuccessful in its attempt to contact the customer.(7-1-24)

IDAPA 31.21.01.605 Notice to Commission Prior to Termination (rule 605)

A utility will provide written notice to the Commission of its i ntent to terminate service to an industrial or large commercial customer at least seven (7) days before the scheduled termination date. The Commission may stay termination if it finds that the public interest requires service to be maintained to the customer.(7-1-24)

IDAPA 31.21.01.606 (Reserved)

SUMMARY OF CUSTOMER RULES

Rules 700 through 799

IDAPA 31.21.01.700 Information to Customers (rule 700)

01.Required Information. Each uti lity will provide the following information to its customers:

a.A summary of the terms and conditions under which service is provided, including the conditions under which the utility may request a deposit or deny or terminate service;(7-1-24)

b. A statement that:(7-1-24)

i.The utility is willing to make reasonable payment arrangements;(7-1-24)

ii.The customer may file a complaint with the utility and the Commission and that termination of service is prohibited while a complaint is pending with the Commission or with a court in the state of Idaho; (7-1-24)

iii.Termination of service may be postponed due to serious illness or medical emergency (residential customers only).(7-1-24)

c.A clear and concise explanation of rate schedule(s) applicable to the customer's class of service.

02.Information for Gas and Electric Customers. Each gas or electric utility also will include an explanation of:(7-1-24)

a.Restrictions on termination of service and the availability of the Winter Payment Plan described in Rule 306 (residential customers only).(7-1-24)

b.The Third Party Notification Program described in Rule 307 (residential customers only); and

c.The availability of the Level Pay Plan described in Rule 313.(7-1-24)

03.When and How Information Provided. Utilities will provide information to customers in writing annually and to new customers upon initiation of service. Information provided upon initiation of service may be separately mailed or included with a paper or electronic billing statement. Annual notices may be made by separate mailing, included with the paper or electronic billing statement or, with the customer's consent, by electronic notice with reference to information contained on the utility's website. (7-1-24)

IDAPA 31.21.01.701 (Reserved)

31.61.01 Rules for the Measurement of Stray Current or Voltage (Stray Voltage Rules)

IDAPA 31.61.01.000 Legal Authority (rule 0)

Idaho Public Utilities Law, Sections 61-515 and 61-520, Idaho Code, and the Stray Current and Voltage Remediation Act, Secti on 61-803, Idaho Code.(4-6-23)

IDAPA 31.61.01.001 Title (rule 1)

01.Title.

The title of these rules is the IDAPA 31.61.01, “Rules for the Measurement of Stray Current or Voltage” (Stray Voltage Rules).(4-6-23)

IDAPA 31.61.01.002 (Reserved)

IDAPA 31.61.01.004 Incorporation by Reference – Reference to Safety Codes (rule 4)

01.Safety Codes.

a.The National Electrical Safety Code (NESC) is applicable to public utilities and is adopted by the Commission Order, “Safety and Accident Reporting Rules for Utilities Regulated by the Idaho Public Utilities Commission.”(4-6-23)

b.The National Electrical Code (NEC) is applicable to the installation of wires and facilities used to convey electric current and to apparatus to be operated by such electric current. Adoption of the National Electrical Code is found at Section 54-1001, Idaho Code, and IDAPA 07.01.06, “Rules Governing the Use of National Electrical Code,” Section 011.(4-6-23)

IDAPA 31.61.01.005 (Reserved)

IDAPA 31.61.01.010 Definitions (rule 10)

01.Incorporation by Reference.

These rules incorporate by reference definitions found in Idaho Code 61-802, the NEC and the NESC.(4-6-23)

02.Equipotential Plane (EPP). See NEC.(4-6-23)

03.Primary System. The high voltage utility electrical system including the generation, transmission and distribution systems. It also refers to the high voltage side of a distribution transformer.(4-6-23)

04.Secondary System. Means the low-voltage utility electrical system on the secondary side of a distribution transformer. The dairy’s on-farm system begins on the dairy’s side of the metering points, except for dairies metered on the high voltage side of the transformer(s). In the case of dairies metered on the high voltage side, the on-farm system begins at the transformer’s low-voltage lugs.(4-6-23)

05.Service Provider. Any person, company or other legal entity providing stray voltage or current testing, consulting, measurements, analysis services, construction, or hardware.(4-6-23)

06.Shunt Resistor.

A physical resistor or combination of resistors used to simulate a dairy cow’s body resistance, body-to-metal contact resistance, and hoof-to-earth contact resistance between the cow and contact points during the measurement of cow contact voltage. A shunt resistor shall be five hundred (500) ohm plus or minus two percent (+/- 2%).(4-6-23)

07.Source Resistance. That portion of resistance in the circuit, other than the resistance of the cow and its contact resistance, when the cow is completing a circuit between contact points.(4-6-23)

08.Stray Current or Voltage.(4-6-23)

a.Unless the context otherwise requires, the term “stray voltage” shall mean stray current or stray voltage.(4-6-23)

09.Tests, Measurements, Procedures and Analysis. Means any or all of the stray voltage testing, measurement, work and work product defined in these rules.(4-6-23)

10.Transient. Transient or transient deviation means a non-steady state increase or spike in voltage or current. For the purpose of identifying and reporting transients in cow contact voltage (Vcc) or current (Icc), a transient occurs when the recorded maximum Vcc or Icc in a recording interval exceeds two hundred percent (200%) of the steady state Vcc or Icc recorded during the same recording interval.(4-6-23)

11.Utility. Means a public electric utility as defined in Section 61-332A, Idaho Code.(4-6-23)

IDAPA 31.61.01.011 (Reserved)

APPLICABILITY AND ADMISSIBILITY

Rules 21 through 30

IDAPA 31.61.01.021 Utility (rule 21)

A utility measuring or testing for stray voltage or current at the request of a dairy producer, as directed by the Commission or on its own initiative, shall conduct such measurements in accordance with these rules.(4-6-23)

IDAPA 31.61.01.022 Dairy Producer (rule 22)

01.Serving Notice on th e Utility. A dairy producer providing written notice to a utility pursuant to Section 61-804, Idaho Code, may provide such notice with or without first having conducted tests or measurements of stray voltage.(4-6-23)

02.Cooperation. When a written notice is filed with the utility, the dairy is obligated to make any contact point(s), service panels, grounding rods or other electrical equipment at the dairy available to the utility for measuring and testing. The utility shall provide reasonable notice and cooperate with the dairy producer to establish an appropriate time to conduct the tests and measurements. The dairy shall cooperate with the utility so that all tests and measurements necessary to identify the existence and magnitude of stray current or voltage, if any, are completed within fourteen (14) days of the utility’s receipt of such notice.(4-6-23)

IDAPA 31.61.01.023 Service Providers (rule 23)

All service providers shall follow these rules.(4-6-23)

IDAPA 31.61.01.024 (Reserved)

QUALIFICATIONS OF PERSONS PERFORMING AND ANALYZING

RESULTS OF STRAY VOLTAGE TESTS

Rules 31 through 50

IDAPA 31.61.01.031 Performance of Tests and Measur

EMENTS (RULE 31).

Measuring and testing for stray voltage under these rules for consideration by the Commission shall be performed by a qualified testing professional as such:(4-6-23)

01.Professional Engineer. A professional engineer, licensed in any state, who has completed no fewer than forty-eight (48) hours of Commission-approved stray voltage training and who has been involved in no fewer than five (5) prior investigations involving the measurement or testing of stray voltage.(4-6-23)

02.Master Electrician. A master electrician, licensed in any state, who has completed no fewer than forty-eight (48) hours of Commission-approved stray voltage training and who has been involved in no fewer than five (5) prior investigations involving the measurement or testing of stray voltage.(4-6-23)

03.Technician. A technician who, under the supervision of a person presumed qualified under Subsections 031.01 and 031.02, has completed no fewer than eight (8) hours of Commission-approved stray voltage training and who has been involved in no fewer than five (5) prior investigations involving the measurement or testing of stray voltage.(4-6-23)

IDAPA 31.61.01.032 Data Analysis (rule 32)

Analysis of data under these rules, for cons ideration by the Commission, shall be performed by a qualified analyst. A professional engineer, licensed in any state, who has completed no fewer than forty-eight (48) hours of stray voltage training and who has been involved in no fewer than five (5) prior investigations involving measurement or testing of stray voltage shall be presumed to be a qualified analyst.(4-6-23)

IDAPA 31.61.01.033 Persons Otherwise Qualified (rule 33)

A person who does not satisfy the qualifications in Sections 031 and 032, may nonetheless be determined by the Com mission to be a qualified testing professional or a qualified analyst if, on motion of any party, the Commission finds that person otherwise possesses the knowledge, skill, experience, training, or education that qualifies that person to offer expert testimony before the Commission.(4-6-23)

IDAPA 31.61.01.034 (Reserved)

CALIBRATION OF AND EQUIPMENT USED FOR MEASURING

AND RECORDING VOLTAGE, CURRENT, AND RESISTANCE

Rules 51 through 70

IDAPA 31.61.01.051 General Requirements for Stray

VOLTAGE MEASURING AND RECORDING

EQUIPMENT (RULE 51).

Equipment used for the measurement or testi ng of stray voltage, current, and resistance shall meet the following criteria:(4-6-23)

01.Resolution and Accuracy. The accuracy and resolution of any instrument used to measure or record cow contact voltage or current, shall limit the error to five percent (5%) or less at one volt (1 V) or two milliampere (2 mA).(4-6-23)

02.Voltage Measurement. Instruments used to measure cow contact voltage shall be capable of separating and independently measuring alternating current (AC) and direct current (DC) voltages. These instruments shall have a minimum internal impedance of ten thousand (10,000) ohm and shall be capable of measuring the truerms voltage.(4-6-23)

03.Current Measurement. A clamp-on ammeter, a digital multi-meter (DMM) with clamp-on device, or an in-line ammeter shall be used to measure current through a conductor or resistor connected between two (2) points. The meters shall be capable of separating and independently measuring alternating current (AC) and direct current (DC) and shall be capable of measuring the true-rms current. Care must be taken to assure that clamp-on ammeters used have the required resolution and accuracy.(4-6-23)

04.Resistance Measurement. Resistance shall be measured using either a volt ohmmeter (VOM) or a DMM. Resolution shall be to the level of one (1) ohm or less when measuring a resistance of less than one thousand (1,000) ohm. Accuracy shall be within plus or minus five (+/-5) ohm for a five hundred (500) ohm resistance.

05.Resistance-to-Earth Measurement. Grounding electrode resistance-to-earth measurements shall be made with a three- (3) point fall-of-potential instrument or a clamp-on resistance-to-earth tester.(4-6-23)

IDAPA 31.61.01.052 Calibration Requirements (rule 52)

01.Measuring Equipment Calibration.

All measuring equipment shall be calibrated according to the manufacturer’s recommended calibration schedule, but no less than annually, to meet the manufacturer’s specifications for the accuracy and resolution of the equipment. Measuring equipment shall not be used after its next “calibration due” date for measurements or tests conducted during a stray voltage investigation. Calibration shall be performed by either:(4-6-23)

a.The manufacturer of the equipment, who shall certify that the equipment meets the manufacturer’s specifications for accuracy and resolution; or(4-6-23)

b.A laboratory currently certified as meeting all applicable Institute of Electrical and Electronic Engineers (IEEE) and International Organization for Standards (ISO) standards. (4-6-23)

02.Calibration Certificates. The service provider performing the tests and measurements shall maintain certificates from the manufacturer or the calibration laboratory demonstrating compliance with calibration requirements.(4-6-23)

03.Field Check. Before voltage or current measurement or testing is performed, the instrument shall be field-checked by comparing measurements to those of other instruments or against a known source.(4-6-23)

IDAPA 31.61.01.053 Requirements for Monitoring and Recording Devices (rule 53)

Digital recording devices shall be used for the purpose of reco rding current and voltage for extended periods, such as the forty-eight (48) hour test. The recording devices shall have the same level of resolution and accuracy as the meters being used for the measurements. Monitoring systems, which combine measuring and recording functions in a single instrument, shall have the same level of resolution and accuracy as specified in Section 051. Recording devices and monitoring systems shall be capable of recording transient deviations of one-tenth (0.1) second or less in duration from the steady state. Digital recording devices, which have deviation settings, shall permit the deviation setting to be set “low” enough to meet the resolution and accuracy requirements in Subsection 051.01 of these rules. All recording devices shall be able to log the time and date of all data recorded and shall have their internal clocks synchronized.

IDAPA 31.61.01.054 Requirements for Load Boxes (rule 54)

01.Volts.

A load box shall be a primarily non-inductive nominal two hundred forty (240) volt, resistance heating type load with a minimum nominal full load of eighteen (18) kilowatts (kW).(4-6-23)

02.Split-Load. A load box shall be capable of operating at two (2) or more load settings, including approximately fifty percent (50%) and one hundred percent (100%) of the load box’s rated total load.(4-6-23)

IDAPA 31.61.01.055 (Reserved)

TESTING AND MEASUREMENT PROCEDURES

Rules 71 through 80

IDAPA 31.61.01.071 Stray Current or Voltage Tests (rule 71)

Subject to Subsection 071.02, there are six (6) te sts used to detect and measure stray current or voltage.(4-6-23)

01.Scheduling of Stray Voltage Tests. Efforts shall be made to perform the tests under conditions substantially similar to those conditions existing at the time(s) the dairy producer believes stray voltage to be a problem.(4-6-23)

a.Test 1 - Cow Contact Test;(4-6-23)

b.Test 2 - Forty-Eight (48) Hour Test;(4-6-23)

c.Test 3 - Primary Profile Test;(4-6-23)

d.Test 4 - Secondary Neutral Voltage Drop Test;(4-6-23)

e.Test 5 - Load Box Test; and(4-6-23)

f.Test 6 - Signature Test.(4-6-23)

02.Testing Sequence. Test 1 shall be performed first. Tests 1 and 2 are used to determine the presence and level of stray voltage and shall be performed in all investigations, subject to the provisions of Subsection 071.03.

Tests 3, 4, 5, and 6 may be performed in any order and may be performed without first determining that these tests are required under Paragraph 071.02.b. Tests 3, 4, 5, and 6 may be performed prior to starting the recording for Test 2 or while Test 2 is in progress. Test 2 may be interrupted as necessary to conduct Tests 4, 5, and 6, or for review and analysis of the data recorded up to that point.(4-6-23)

a.If the results from Tests 1 and 2 indicate that stray voltage does not exceed the preventive action level (PAL), the utility has no further testing or remediation obligations under these rules during this test cycle.

b.If the PAL is exceeded, the utility shall perform the remaining four (4) tests except as provided in Subsection 071.03. The utility shall also perform analysis to determine whether the portion of the stray current or voltage attributable to an off-farm source exceeds fifty percent (50%) of the PAL.(4-6-23)

c.If the PAL is exceeded, and the portion of the stray current or voltage attributable to an off-farm source does not exceed fifty percent (50%) of the PAL, the utility has no further testing or remediation obligations.

d.If the PAL is exceeded, and the portion of the stray current or voltage attributable to an off-farm source exceeds fifty percent (50%) of the PAL, the utility shall conduct remediation pursuant to Section 091. Under this condition, the forty-eight (48) hour recording of Test 2 may be reduced to no fewer than twenty-four (24) hours.

e.For all testing conducted under these rules, the utility shall have a qualified analyst prepare a report pursuant to Section 082.(4-6-23)

03.Suspended or Limited Testing. The utility may suspend a stray voltage investigation or conduct a limited evaluation, as agreed between the utility and the dairy producer.(4-6-23)

IDAPA 31.61.01.072 Preparation for Testing (rule 72)

The person performing the tests shall perform the following:(4-6-23)

01.Remote Reference Grounding Rod.(4-6-23)

a.Remote reference grounding rod(s) shall be installed and penetrate moist soil to a depth of thirty (30) inches. When practicable, remote reference rods shall be installed at least twenty-five (25) feet away from the nearest underground conductive electrical equipment of any type or at a distance equal to three (3) to four (4) times the buried depth of any metallic structure connected to the service entrance neutral. The reference ground rod shall be located not closer than twenty-five (25) feet from the centerline of a primary electrical conductor right-of-way. A reference rod shall be located not closer than one hundred (100) feet from the edge of a transmission line right-of-

way.(4-6-23)

b.All remote reference grounding rods shall be checked for “remoteness” prior to their use for tests or measurements and if found to be insufficiently “remote,” a new location for that reference ground rod shall be found and retested for remoteness. Remoteness of the reference ground shall be determined by measuring the voltage from the transformer grounding electrode conductor to the remote reference ground. The resistance-to-earth of the transformer grounding electrode shall be measured. The grounding electrode current shall be measured. Remoteness is considered adequate if the measured voltage (transformer grounding conductor to reference ground, Vp) is within twenty percent (20%) of the voltage calculated by multiplying the grounding electrode current by the grounding electrode resistance-to-earth.(4-6-23)

c.If the transformer grounding electrode is within twenty-five (25) feet of other primary or secondary grounding electrodes, this remoteness test shall be conducted at the first primary system grounding electrode upstream of the transformer that is greater than twenty-five (25) feet from other primary or secondary system grounding electrodes.(4-6-23)

02.Inspecting the Transformer(s). Prior to testing, the utility transformer shall be inspected, grounding electrode resistance measured, and any repairs necessary for safety be made and recorded. In the case of a customer-owned transformer, qualified personnel shall inspect the installation, measure grounding electrode resistance, and make and record any repairs necessary for safety. Measurements that require contact with utility or customer-owned primary wires or equipment shall be made by the utility or other qualified personnel.(4-6-23)

03.In-Line Ammeters. If in-line or series ammeters are used, they shall be installed under safe conditions in accordance with the NESC and the NEC with the entire dairy system or the specific circuit to be tested de-energized.(4-6-23)

04.Pre-Test Documentation.(4-6-23)

a.All pre-test calibration requirements from Section 052 shall be completed and documented.

b.A sketch or drawing of the dairy shall be prepared indicating:(4-6-23)

i.The location of the buildings;(4-6-23)

ii.Secondary electrical service panels and secondary feeder systems serving cow contact areas;

iii.Transformer(s) and central distribution point;(4-6-23)

iv.Existing grounding electrodes (if known);(4-6-23)

v.The location of all cow contact points to be tested;(4-6-23)

vi.All remote reference grounding rods; and(4-6-23)

vii.All primary and secondary neutral test points used in conjunction with the remote reference grounding rod(s).(4-6-23)

c.A listing of planned test points shall be prepared using the applicable form prior to beginning each test. Each test shall be listed separately and specific reference numbers shall be given to each planned test point.

05.Safety.(4-6-23)

a.If the service provider reasonably concludes that a dairy’s noncompliance with the NEC poses a significant and immediate safety hazard which prevents completion of any test or measurement required by these rules, then the service provider’s obligations to proceed under these rules shall be suspended until the hazard is eliminated.(4-6-23)

b.At the discretion of the service provider conducting the test, livestock shall be removed from any area where electrical equipment or wiring is examined or electrical measurements are taken. Testing may be suspended if the presence of cows or other animals creates a potential hazard to testing personnel. The locations of electric fences and other electrified cow control devices shall be noted and de-energized where practical.(4-6-23)

IDAPA 31.61.01.073 Test 1 -- Cow Contact Test (rule 73)

01.Purpose.

This test is to determine the location(s), if any, where stray current or voltage exceeds the PAL and to identify the location(s) at which the cow contact voltage will be recorded in the forty-eight (48) hour test.

02.Selection of Cow Contact Points. The selection of cow contact points to be tested shall include a sufficient number of locations reasonably likely to demonstrate the presence of stray voltage or current, if any.

03.Conducting the Test. The voltage across the shunt resistor or current through the shunt resistor shall be measured between cow contact points as shown in Figure 1. The source resistance shall be calculated during analysis for all cow contact points.(4-6-23)

a.When using a voltmeter to measure voltage between contact points where one (1) of those points is the floor surface, the equipment shall be arranged as shown in Figures 1 and 2, using a metal plate, which shall make a high quality conductive contact with the ground or floor. If the service provider is unsure of having a high quality conductive contact with the floor or ground, then the procedure described in Paragraph 073.03.c. shall be followed. If necessary, corrosion shall be removed from the point(s) where test lead(s) make contact with metal equipment.

b.When using an in-line milliammeter or a clamp-around milliammeter to measure current between contact points and one (1) of those points is the floor surface or earth, the equipment shall be arranged as shown in Figure 3, using a metal plate which shall make high quality conductive contact with the ground or floor. If the service provider is unsure of having a high quality conductive contact with the floor or ground, then the procedures described in Paragraph 073.03.c. shall be followed. If necessary, corrosion shall be removed from the point(s) where test lead(s) make contact with metal equipment.(4-6-23)

c.A metal plate used to make an electrical contact with the earth or floor shall be of regular shape (square, rectangular or round), and shall have a surface area equal to or greater than sixteen (16) square inches (4 inches x 4 inches or equivalent). Place a weight not less than twenty (20) pounds on the metal plate. This weight shall be applied evenly across the metal plate and not to the adjacent concrete or earth. Place the metal plate a minimum distance of twelve (12) inches from any metal equipment making contact with the floor or earth.(4-6-23)

i.Where the metal plate is to be placed on a concrete floor, the surface shall be flat. Clean the floor surface with a stiff brush to remove debris that may add excess resistance. Use water to clean the floor surface at the point where the metal plate will be placed. Place a paper towel or similar material soaked in saltwater between the metal plate and the concrete floor.(4-6-23)

ii.Where the metal plate is to be placed on the ground or earth surface, the surface shall be flat.

Remove any debris and add water to the area, if necessary, to dampen the soil. The surface of the metal plate that will make contact with the earth shall be clean and free of corrosion before use. Remove any corrosion, if necessary.

04.Recording the Data. The person conducting this test shall record the location of, and measured values at, each test point. At each cow contact location, an open circuit voltage reading (Voc) and a voltage with five hundred (500) ohm nominal shunt res istor placed across the input to the metershall be taken. These readings shall be taken with ten (10) seconds or less time between each reading. Alternatively, a current measurement may be taken in place of the voltage reading . Data for these test points shall be recorded on the form in Appendix 1.(4-6-23)

05.Source Resistance Calculation. The source resistanceshall be calculated for each cow contact location measured and the value recorded in Appendix 1. The following formulas shall be used to calculate source resistance.

IDAPA 31.61.01.074 Test 2 -- Forty-Eight Hour Test (rule 74)

01.Purpose. This test is to determine whether stray current or voltage exceeds the PAL at selected location(s) over a forty-eight (48) hour period, subject to Subsection 074.06 and Paragraph 071.02.d. The test also )(Vshunt )(Ishunt )(Vshunt )(Rsource  Rsource V V - Voc shuntRx  Rsource I Voc shuntR demonstrates whether the primary or secondary sides of the system have a specific impact on the recorded current or voltage at specific times of day.(4-6-23)

02.Setup. A digitizing data recorder with averaging capability and capable of detecting and recording transient deviations of one-tenth (0.1) second or less in duration shall be used to record the following:(4-6-23)

a.Voltage from primary neutral at the transformer to remote reference ground, Vp.(4-6-23)

b.Voltage from secondary neutral in the service panel serving the area of the cow contact to remote reference ground, Vs.(4-6-23)

c.Voltage drops (Vps) from primary neutral at the location of connection for Vp to secondary neutral at the location of the connection for Vs.(4-6-23)

d.Cow contact current through (Icc) or voltage across a five hundred (500) ohm resistor at the high voltage point(s) found in Test 1, Vcc.(4-6-23)

03.Measurement Interval. The results of the forty-eight (48) hour test may be highly indicative of the presence of stray voltage. A recording interval as high as ten (10) seconds may be used provided that transient deviations of voltage or current of one-tenth (0.1) second or less in duration of voltage or current are recorded to the maximum ability of the instrument.(4-6-23)

04.Measurement at the Cow Contact Point(s). Measurements to the earth or concrete surface shall be to a metal plate as described in Paragraph 073.03.c. When making measurements to metal objects, corrosion shall be removed to obtain a low resistance connection.(4-6-23)

05.Recording the Data. Data gathered by the recording equipment during the forty-eight (48) hour test including transients shall be downloaded and retained with the records of the investigation. In addition, the steady-state data shall be summarized in the investigation report. The recorded data shall be made available to the dairy producer or utility upon request. The person conducting this test shall record the location of, and measured values at, each test point. The identification of the cow contact point shall be recorded on the form in Appendix 2.

Transient deviations shall be recorded on the supplemental data form, page 3 of 3 in Appendix 2. A plot of the voltage versus time may be substituted for the recording of measured values in Appendix 2.(4-6-23)

06.Reduced Recording Period. If a qualified analyst concludes that remediation by the utility is required under Paragraph 071.02.d. prior to the completion of a forty-eight (48) hour recording period, the recording period may be reduced to no fewer than twenty-four (24) hours.(4-6-23)

IDAPA 31.61.01.075 Test 3 -- Primary Profile Test (rule 75)

01.Purpose . This test is to measure or calculate neutral-to-earth voltage (NEV) for a multi-grounded distribution system.(4-6-23)

02.Conducting the Test. The primary profile test requires concurrent measurement of the ground electrode resistance and current at all primary system ground points within three quarters (3/4) of a mile on either side of all primary service points serving the dairy, or to the end of the line if less than three quarters (3/4) of a mile.

Alternatively, the voltage between a remote grounding rod and the primary ground point being tested may be measured.(4-6-23)

a.This test shall be conducted starting at one (1) end of the distribution system and working toward the other end along the main primary distribution system. Figure 4 below illustrates the procedure.(4-6-23)

i.Where the dairy is served by a dedicated tap of less than one-half (1/2) mile in length from a distribution line, the neutral-to-earth voltage shall be measured at each primary ground along the tap and along the distribution line to a distance of three-quarters (3/4) of a mile in each direction from the point of the tap; or (4-6-23)

ii.Where a dairy is served by a dedicated tap that extends more than one-half (1/2) mile from the distribution line, the neutral-to-earth voltage shall be measured at each primary grounding electrode along the tap and along the distribution line to a distance of one-half (1/2) mile in each direction from the point of the tap.(4-6-23)

03.Recording the Data. The person conducting this test shall record the location of, and measured values at, each test point. Data and calculation results for these test points shall be recorded on the form in Appendix 3.(4-6-23)

IDAPA 31.61.01.076 Test 4 -- Secondary Neutral Voltage Drop Test (rule 76)

01.Purpose . This test is used to determine the impact of each secondary service on the neutral-to-earth (NEV) and cow contact voltages on the dairy under controlled conditions.(4-6-23)

02.Conducting the Test. This test shall be performed for all service entrances. A proxy load of known characteristics (such as a resistive load like a one hundred twenty (120) volt, fifteen hundred (1,500) watt hairdryer) is required for this test. The proxy load must create a known and stable current and subsequent voltage drop for each neutral serving a main panel, sub-panel or end-of-service area. All service entrances other than that being tested shall be turned “off” to perform this test. A diagram showing the connections and measurement points for this test is shown in Figure 5.(4-6-23)

03.Data Collection. The following data shall be collected for each secondary neutral tested: (4-6-23)

a.Gauge and type of neutral wire.(4-6-23)

b.Length of neutral wire.(4-6-23)

c.Neutral current, Isn.(4-6-23)

d.Voltage drop between both ends of the secondary neutral being tested.(4-6-23)

e.Cow contact voltage (Vcc) or current (Icc) at the same points used in the forty-eight (48) hour test.

f.Primary neutral at the transformer to reference ground voltage, Vp.(4-6-23)

g.Secondary neutral to reference ground voltage, Vs.(4-6-23)

04.Measurements. The three (3) voltages (Vcc, Vp and Vs) shall be measured with the proxy load “off” and “on.” Calculated expected voltage drops (see Appendix 4) shall be compared with measured voltage drops. If the measured and calculated voltage drops differ significantly, further investigation shall be undertaken to determine the source of additional voltage drop within the circuit. Neutral current shall be measured and recorded with the proxy load on (Isn).(4-6-23)

05.Recording the Data. Any person conducting this test shall record the location of, and measured values at, each test point. Data and calculation results for these test points shall be recorded on the form in Appendix 4.(4-6-23)

IDAPA 31.61.01.077 Test 5 -- the Load Box Test (rule 77)

01.Purpose. To determine the extent to which the primary system contributes to stray current or voltage at cow contact points. For dairies with three (3) phase balanced primary service, the service provider shall perform Steps One and Two in Paragraph 077.02.b. below.(4-6-23)

02.Conducting the Load Box Test. This test shall be performed at the same time of day as the time(s) of highest cow contact voltage found in the forty-eight (48) hour test. During this test, voltage and current shall be measured and recorded at the points indicated in Figure 6.(4-6-23)

a.The load box test requires the recording of eight (8) data points during each of the five (5) test )(VDropM )(VDropC )(VDropM steps. The eight (8) data points that shall be measured or calculated and recorded for each step are:(4-6-23)

i.Primary line to neutral voltage, .(4-6-23)

ii.Load Box Current, Ilb.(4-6-23)

iii.Voltage at load box connection to secondary system, Vlb.(4-6-23)

iv.Calculate transformer current using .(4-6-23)

v.Voltage from primary neutral at the transformer to remote reference ground rod, Vp.(4-6-23)

vi.Voltage from secondary neutral in the service panel serving the area of the cow contact to remote reference ground rod, Vs.(4-6-23)

vii.Voltage from primary neutral at the transformer to secondary neutral at the service panel serving the area of cow contact, Vps.(4-6-23) viii.Cow contact voltage (Vcc) or current (Icc) at the same point(s) used in the forty-eight (48) hour test.(4-6-23)

b.Except for dairies with three (3) phase balanced primary service, the following five (5) test steps shall each be conducted for at least two (2) minutes:(4-6-23)

i.Step One: The load box shall be de-energized, the dairy shall remain “on,”.(4-6-23)

ii.Step Two: The load box shall be de-energized, the dairy shut “off,”.(4-6-23)

iii.Step Three: The load box shall be set to half load, the dairy shut “off,”.(4-6-23)

iv.Step Four: The load box shall be set to full load, the dairy shut “off,”.(4-6-23)

v.Step Five: The load box shall be set to full load, the dairy shall be turned “on,”.(4-6-23)

03.Calculating the K Factor. The K factor is a calculated ratio (Vcc/Vs). The K factor should be less than one (1) because Vcc (cow contact voltage) should be less than Vs (the dairy ground to reference ground voltage).

If the K factor is greater than one (1), then there is contribution to Vcc from sources other than Vs.(4-6-23)

04.Recording the Data. The person conducting this test shall record the location of, and measured values at, each test point. Data and calculation results for these test points shall be recorded on the form in Appendix 5.(4-6-23)

IDAPA 31.61.01.078 Test 6 -- Signature Test (rule 78)

01.Purpose. This test is used to determine the contribution to stray current or voltage of individual pieces of equipment operating on the dairy. The test is best performed when there is minimal farm electrical activity.

02.Conducting the Signature Test. During this test, individual pieces of major current drawing equipment shall be started and stopped. The effects of starting, operating, and stopping each piece of equipment shall be measured and recorded for a period of operation of at least fifteen (15) seconds. The person conducting the test shall identify and record the equipment being tested and record the specific times that the equipment was started and stopped. A digitizing data recorder with averaging capability shall be used to measure and record the required electrical data. These measurements shall be taken at the same locations at the dairy where measurements were taken for the purpose of the load box test and forty-eight (48) hour test.(4-6-23) priV Ip Ip priV Vlb x Ilb a.

Voltage from primary neutral at the transformer to remote reference ground rod, Vp.(4-6-23)

b.Secondary neutral at the service panel serving the area of cow contact to remote reference ground voltage, Vs.(4-6-23)

c.Primary neutral voltage drop (Vps) from the location of connection for Vp to secondary neutral voltage at the location of the connection for Vs.(4-6-23)

d.Cow contact voltage (Vcc) or current (Icc) at the preselected point.(4-6-23)

03.Recording the Data. All of the data gathered by the recording equipment during the signature test, including transients shall be downloaded and retained with the records of the investigation. In addition, the steady state data shall be summarized in the investigation report. The recorded data shall be made available to the dairy producer or utility upon request. The location of all test point(s) shall be recorded on the form in Appendix 6. A plot of the voltage versus time may be substituted for the recording of measured values on Appendix 6.(4-6-23)

IDAPA 31.61.01.079 (Reserved)

ANALYSIS AND REPORTING THE DATA

Rules 81 through 90

IDAPA 31.61.01.081 Analyzing the Collected

DATA (RULE 81).

01.Cow Contact Points. Examine the data recorded for the forty-eight (48) hour test in Appendix 2 and determine the highest steady state value of cow contact voltage (Vcc) or current (Icc). Determine the value of primary neutral to reference voltage (Vp) that was present for the highest cow contact value. Record these values on the data sheet of Appendix 7. These values shall be identified as “test cow contact voltage or current” ( or ) and “primary neutral to reference voltage at time of maximum cow contact voltage or current”

(). The three (3) data sets created from the values are:(4-6-23)

a.The primary to reference ground voltage and the cow contact voltage or current measured during the load box test (Appendix 5) with the farm power “off” and the load box “off” shall be recorded on the data sheet of Appendix 7 as and either or .(4-6-23)

b.The primary to reference ground voltage and the cow contact voltage or current measured with the load box set at one-half (1/2) load shall be recorded on the data sheet of Appendix 7 as and either or .(4-6-23)

c.The primary to reference ground voltage and the cow contact voltage or current measured with the load box at maximum shall be recorded on the data sheet of Appendix 7 as and either or .(4-6-23)

02.Contributions to Stray Voltage or Current for Single Phase Dairies. The utility contribution to cow contact voltage or current shall be determined using the following formula. Compare the values determined to the preventive action level (PAL).

Utility contribution to cow contact voltage = or Utility contribution to cow contact current = 48hr Vcc 48hr Icc 48hr Vp OFF Vp OFF VccOFF Icc LOAD HALF Vp LOAD HALF VccLOAD HALF Icc LOAD FULL Vp LOAD FULL Vcc LOAD FULL Icc HALF FULL HALF 48 )Vcc - (Vccx HALF FULL HALF Vcc  HALF FULL HALF 48 ) Icc - (Iccx HALFFULL HALF Icc 

03.Contributions to Stray Voltage or Current for Three Phase Dairies . The utility contribution to cow contact voltage or current for dairies with three (3) phase balanced load service, shall be determined by directly using the results of the load box test results for Step 1 and Step 2 as specified in Paragraph 077.02.b.(4-6-23)

a.The Vcc measured during Step 1 of the load box with the load box “off” and the dairy “on” will be the total Vcc.(4-6-23)

b.The Vcc measured during Step 2 of the load box test with the load box “off” and the dairy “off” is the contribution to Vcc from the utility, Vccutility.(4-6-23)

c.The contribution to Vcc by the dairy is the difference between Vcc and Vccutility, Vccdairy = Vcc - Vccutility.(4-6-23)

IDAPA 31.61.01.082 Reporting (rule 82)

Within a reasonable period of time after completion of any tests required to be performed by the utility under these rules, a qualified analyst shall prepare a written report. The report shall include a summary of the tests performed, a copy of the sketch or drawing of the dairy prepared pursuant to Section 072, all of the data or results obtained from the tests, and an analysis of the data or results obtained from the tests. If remediation was required under these rules, the report shall specify the actions taken or to be taken. The utility shall provide a copy of the written report to the dairy producer.(4-6-23)

IDAPA 31.61.01.083 (Reserved)

REMEDIAL ACTIONS AND COMMISSION PROCEEDINGS

Rules 91 through 999

IDAPA 31.61.01.091 Remediation (rule 91)

01.Utility System . If the utility is required to conduct remediation, it shall commence such remediation within five (5) business days. The utility shall diligently pursue to completion remedial procedures which shall reduce, and are reasonably likely to sustain, that portion of the stray current or voltage attributable to the utility’s distribution system to a level equal to or less than fifty percent (50%) of the PAL. This may include addressing other off-dairy sources.(4-6-23)

02.Other Dairies, Farms and Industrial Sites. If a utility’s contribution to stray voltage exceeds fifty percent (50%) of the PAL and the utility determines that another customer is a significant contributing source of stray voltage, the utility shall notify both the dairy and the other customer in writing.(4-6-23)

IDAPA 31.61.01.092 Commission Proceedings (rule 92)

01.Filing with the Commission . All petitions seeking relief under Section 61-805, Idaho Code, shall be filed with the Commission Secretary pursuant to Section 005. Petitions shall conform to IDAPA 31.01.01, Section 053. The petitioner shall file an original and five (5) copies of the petition.(4-6-23)

IDAPA 31.61.01.093 Figures and Appendices (rule 93)

All figures and appendices to these rules can be found on the Commission website at www.puc.idaho.gov.(4-6-23)

IDAPA 31.61.01.094 (Reserved)

31.27.01 Rules Governing Pole Attachments

IDAPA 31.27.01.000 Legal Authority

Section 61-538, Idaho Code.( 7-1-26)

IDAPA 31.27.01.001 Scope

These rules apply to all pole attachments by a provider of tel ecommunications service, broadband, or cable services company.(7-1-26)

IDAPA 31.27.01.002 Definitions

01.Application.

The application request as required by an agreement between the pole owner and attaching entity.(7-1-26)

02.Attaching Entity. A provider of telecommunications, broadband, or cable services with or seeking pole attachments. A single attaching entity shall include multiple subsidiaries from the same parent company.

03.Commission. The Idaho Public Utilities Commission.(7-1-26)

04.Coordination Between Attaching Entities. A requesting attaching entity’s communication or coordination with other attaching entities for completion of make-ready work.(7-1-26)

05.Make-Ready Work. Work required to prepare a pole for a new or modified attachment, including rearrangements or pole replacements.(7-1-26)

06.Permit. A written or electronic authorization from the pole owner to install a pole attachment.

07.Pole. A utility pole used for electric distribution at or below thirty-four point 5 kilovolt (34.5 kV), which includes transmission poles where existing distribution is under built.(7-1-26)

08.Pole Owner. A public utility that owns or controls poles used for attachments.(7-1-26)

09.Unauthorized Attachment. A pole attachment installed without the pole owner’s authorization.

10.Good and Sufficient Cause. Good and sufficient cause means:(7-1-26)

a.Permitting delays outside the control of both parties;(7-1-26)

b.Lack of coordination between attaching entities for make-ready work;(7-1-26)

c.Stop work orders for wildfire operational restrictions;(7-1-26)

d.Force majeure events;(7-1-26)

e.Electrical safety risks; or(7-1-26)

f.Violations of the applicable pole attachment agreement.(7-1-26)

IDAPA 31.27.01.003 (Reserved)

IDAPA 31.27.01.010 Timelines for Permitting Process

01.Pole Attachment Timelines.

02.Large Orders. For Large or above large order, an attaching entity must provide a pole owner advanced written notice at least fifteen (15) calendar days prior to submitting an application associated with a singlenetwork deployment.(7-1-26)

a.The notice must include:(7-1-26)

i.The attaching entity’s contact information;(7-1-26)

ii.Description of the proposed deployment area; and(7-1-26)

iii.Anticipated route and build-out schedule.(7-1-26)

03.Order Sizes. For order sizes above larger orders, the notice must also include a request for a meet and confer within thirty (30) calendar days of submitting an application or as may be mutually agreed upon by the parties.(7-1-26)

IDAPA 31.27.01.011 (Reserved)

Pole Access PhaseRegular OrdersMid-Sized OrdersLarge Orders Under 150 pole  attachment requests 151 – 500 pole  attachment requests 501 – 1,500 pole attachment requests Application Completeness Review 14 calendar days14 calendar days14 calendar days Application re-review7 calendar days7 calendar days7 calendar days Survey/Review on Merits45 calendar days60 calendar days90 calendar days Make-Ready Estimate 14 calendar days  14 calendar days  29 calendar days  Communications Space Make-Ready 30 calendar days after 75 calendar days after 120 calendar days after Above Comms Make-Ready (Electric Space) 90 calendar days after 135 calendar days after 180 calendar days after Multiple pole attachment requests from an attaching entity during a calendar month will be counted toward the number of pole attachment requests in the table above.

IDAPA 31.27.01.020 Non-Discriminatory Access to Poles – Denial of Access

01.Owner/Provider Agreement to Access.

A pole owner shall provide nondiscriminatory access to any pole, duct, conduit, owned or controlled by it to any provider of telecommunications service, broadband, or cable services company. A pole owner will require an attaching entity to execute a pole attachment agreement consistent with the duties to provide non-discriminatory access as set forth by Section 030 and upon just and reasonable rates, terms, and conditions.(7-1-26)

02.Denial to Access. Notwithstanding Subsection 020.01 above, a pole owner may deny access on a non-discriminatory basis:(7-1-26)

a.Where there is insufficient capacity (space and/or load on a pole); or(7-1-26)

b.For reasons of safety, reliability, or generally applicable engineering purposes;(7-1-26)

03.Documentation to Support Denial. If access is not granted within the timelines contained in Section 010, the utility must confirm the denial in writing by the Survey/Review on Merits deadline in Section 010.

The pole owner’s denial of access shall include all relevant documentation and information supporting its denial, and if it is unclear, shall explain how such documentation and information relate to a denial of access for reasons stated above.(7-1-26)

IDAPA 31.27.01.021 (Reserved)

IDAPA 31.27.01.030 Make-Ready Work

01.Time Limits Infeasible.

If good and sufficient cause makes it infeasible to meet the timelines specified in Section 010, pole owners may deviate from the timelines established in this chapter for make-ready work.

02.Determination and Notification. Each pole owner must determine if make-ready work or attachment cannot be completed. If deviations from the timeframes in Section 010 are necessary, the pole owner shall notify the new attaching entity and affected existing attaching entities with:(7-1-26)

a.Identification of the affected poles;(7-1-26)

b.An explanation of the reason for the deviation; and(7-1-26)

c.An estimated new completion date.(7-1-26)

03.Resume Routine Operations. The pole owner shall deviate from the time limits specified in this rule for a period no longer than is reasonably necessary under the circumstances to complete make-ready on the affected poles and shall resume make-ready when it returns to routine operations.(7-1-26)

04.Selection of a Mutually Acceptable Third Party. If a pole owner cannot meet the timeframes for attachment established by this rule, the pole owner must notify the attaching entity as soon as reasonably practicable and conduct a meeting with the attaching entity within fifteen (15) calendar days or at a time mutually agreeable to the parties. At the meeting, the parties will select a mutually acceptable third party for make-ready work. Any third party must meet the pole owner’s safety and qualification requirements.(7-1-26)

IDAPA 31.27.01.031 (Reserved)

IDAPA 31.27.01.050 Time for Decision – Applicable Rules of Procedure

Whenever a public utility and any provider of telecommunications service, broadband, or cable services companies are unable to agree upon pole attachments as regulated by the Commission under Section 61-538, Idaho Code, the Commission will follow the timeframes set forth in IDAPA 31.01.01.151 and the procedural rules adopted in IDAPA 31.01.01.152.(7-1-26)

IDAPA 31.27.01.051 (Reserved)

31.26.01 Master-Metering Rules for Electric Utilities

IDAPA 31.26.01.000 Legal Authority (rule 0)

Chapters 1 through 7, Title 61, Idaho Code, and Sections 61-301, 61-30 2, 61-303, 61-315, 61-503, 61-507, and 61- 520, Idaho Code.(7-1-24)

IDAPA 31.26.01.001 Scope (rule 1)

This chapter applied to a electric utiliti es defining when and under what circumstances their customers may mastermeter tenants of the customer.(7-1-24)

IDAPA 31.26.01.002 (Reserved)

IDAPA 31.26.01.005 Definitions (rule 5)

As used in these rules:(7-1-24)

01.Tenant -- Mobile Home Park. A tenant of a mobile home park is a person defined as a resident and not a transient by the Manufactured Home Residency Act, Section 55-2001 et seq., Idaho Code, and in particular by Section 55-2003(164) and 55-2003(195), Idaho Code.(7-1-24)

02.Tenant -- Multi-Unit Residential or Commercial Building. A tenant of a multi-unit residential building is a person who is not a transient and who intends to reside in or be a commercial tenant in one (1) of the building’s units for a period not less than one (1) month.(7-1-24)

03.Master-Metering. Provision of service to multiple tenants through one meter, which measures the aggregate usage of all tenants. Typically, the utility bills the property owner or landlord based on measurement by the master meter.(7-1-24)

IDAPA 31.26.01.006 (Reserved)

MASTER-METERING RULES FOR ELECTRIC UTILITIES

Rules 100 through 199

IDAPA 31.26.01.100 Master-Metering and Individual Metering

IN MOBILE HOME PARKS (RULE 100).

01.Master Metering Prohibited.

Master-metering, whether or not in conjunction with sub-metering of electric service by the park operator, is prohibited for any mobile home park connected for service by the utility after July 1, 1980. After that date, tenants (excluding transients) of mobile home parks must be individually metered and billed by the electric utility.(7-1-24)

02.Exception for Sub-Metered Parks. Any mobile home park connected for service on or before July 1, 1980 whose spaces for non-transient tenants are been fully sub-metered for electricity by the park owners need not be individually metered by the electric utility supplying the park. A mobile home park sub-metered by the park operator must charge each of their tenants the same rate for electric service that a residential customer of the utility serving the park would charge the tenant if the tenant were directly metered and billed by the utility. Upon request, the utility will provide written instruction on how to calculate bills for sub-metered tenants in conformance with the utility's applicable rate schedule.(7-1-24)

IDAPA 31.26.01.101 Master-Metering and Individual Metering in Multi-Occupant Residential

BUILDINGS (RULE 101).

Non-transient tenants living in multi-occupant residential buildings connected for electric service after July 1, 1980, containing an electric space heating, water heating, or air-conditioning (space cooling) unit that is not centrally controlled and for which the dwelling unit’s tenants individually control electric usage will be individually metered and billed by the electric utility. (7-1-24)

IDAPA 31.26.01.102 Master-Metering and Individual Mete

RING IN COMMERCIAL BUILDINGS AND

SHOPPING CENTERS (RULE 102).

Commercial buildings and shopping centers connected for electric service after July 1, 1980, may not be master metered if the units for non-transient tenants contain an electric space heating, water heating, or air-conditioning (space cooling) unit that is not centrally controlled and for which the unit’s tenants individually control electric usage.

Any non-transient tenants in otherwise master-metered buildings will be individually metered and billed by the utility if the tenant’s electric load is significantly greater than that of other tenants in the building or shopping center or exceeds the individual metering threshold found in the utility’s tariffs.(7-1-24)

IDAPA 31.26.01.103 (Reserved)

31.46.02 Rules for Telecommunications Relay Services (TRS)

IDAPA 31.46.02.000 Legal Authority (rule 0)

These rules are adopted under the general legal authority of Chapter 13, Title 62, Idaho Code, and the specific authority of Section 61-1306, Idaho Code.(3-31-22)

IDAPA 31.46.02.001 Title and Scope (rule 1)

The name of this chapter is “Rules fo r Telecommunications Relay Services (TRS).” This chapter has the following scope: It governs provision of telecommunications relay services (TRS) in Idaho.(3-31-22)

IDAPA 31.46.02.002 Written Interpretations – Agency Guidelines (rule 2)

Written interpretations to these rules can be obtained from t he Secretary of the Idaho Public Utilities Commission and are available from the office of the Commission Secretary.(3-31-22)

IDAPA 31.46.02.003 Administrative Appeals (rule 3)

Any telephone corporation aggrieved by any decision o f the Universal Service Fund Administrator, the Telecommunications Relay System Administrator, or the Commission Staff that affects any of the telephone corporation’s interests under these rules may petition the Commission to review the decision of the Universal Service Fund Administrator, the Telecommunications Relay System Administrator, or the Commission Staff by filing a formal petition according to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.(3-31-22)

IDAPA 31.46.02.004 (Reserved)

IDAPA 31.46.02.005 Definitions (rule 5)

The definitions in Section 61-1302 apply to these rules. In addit ion, the following terms have the meanings set forth below:(3-31-22)

01.American Sign Language (ASL). “American sign language” means a visual language based on hand shape, position, movement, and orientation of the hands in relation to each other and the body. See 47 C.F.R. 64.601(1).(3-31-22)

02.ASCII. “ASCII” is an acronym for American Standard Code for Information Interexchange, which employs an eight-bit code and can operate at any standard transmission baud rate including 300, 1200, 2400, and higher.(3-31-22)

03.Baudot. “Baudot” means a seven (7) bit code, only five (5) of which are information bits. Baudot was used by some text telephones to communicate with each other at a forty-five point five (45.5) baud rate.

04.Communications Assistant (CA). “Communications assistant (CA)” means a person who transliterates conversation from text to voice and from voice to text between two (2) end users of TRS. CAs are also known by terms such as “TRS operator” or “TDD operator.” (3-31-22)

05.Hearing Carry Over (HCO). “Hearing carry over (HCO)” means a reduced form of TRS where the person with a speech disability is able to listen to the other end user and, in reply, the CA speaks the text as typed by the person with the speech disability. The CA does not type any conversation. (3-31-22)

06.Telecommunications Relay Services (TRS). “Telecommunications relay services (TRS)” is defined in Section 61-13028, Idaho Code, and includes services that enable two-way communication between an individual who uses a text telephone or other non-voice terminal device and an individual who does not use such a device. TRS supersedes the terms “dual party relay system,” “message relay services,” and “TDD relay.” See Section 61-1302(8), Idaho Code, and 47 C.F.R. 64.601(7).(3-31-22)

07.Text Telephone (TT). “Text telephone (TT)” means a machine that employs graphic communication in the transmission of coded signals through a wire or radio communications system. TT supersedes the term “TDD” or “telecommunications device for the deaf.”(3-31-22)

08.Universal Service Fund (USF). “Universal service fund (USF)” means the fund established by the Commission pursuant to Section 62-610, Idaho Code, and this Commission’s rules codified at IDAPA 31.46.01.000, et seq. The USF has an Administrator whose duties are set forth by this Commission’s rules and this Commission’s contract with the Administrator. See IDAPA 31.46.01.102.(3-31-22)

09.Voice Carry Over (VCO). “Voice carry over (VCO)” means a reduced form of TRS where the person with the hearing disability is able to speak directly to the other end-user. The CA types responses back to the person with the hearing disability. The CA does not speak on behalf of the TT users. (3-31-22)

IDAPA 31.46.02.006 (Reserved)

THE TRS PROGRAM, ADMINISTRATOR, AND PROVIDER

Rules 101 through 200

IDAPA 31.46.02.100 Requirements of the Trs

PROGRAM (RULE 100).

01.Operational Requirements.

A TRS provider will comply with these operational requirements:

a.TRS must be provided twenty-four (24) hours per day, seven (7) days per week, every day of the year. (3-31-22)

b.The TRS provider shall not refuse calls or limit the length of calls using TRS, except that providers of TRS may decline to complete a call because credit authorization has been denied. (3-31-22)

c.The TRS provider must be capable of communicating with text telephone users using either the ASCII or Baudot format, at any speed generally in use.(3-31-22)

d.Except during network failure, the TRS provider shall answer eighty-five percent (85%) of all calls within ten (10) seconds, and no more than thirty (30) seconds shall elapse between receipt of dialing information and the dialing of a requested number. The TRS provider shall include adequate staffing to provide callers with efficient access under projected calling volumes so that the probability of a busy response due to unavailability of communications assistants will be functionally equivalent to what a voice caller would experience in attempting to reach a party through the voice telephone network.(3-31-22)

e.The TRS provider shall give TRS users access through the TRS to their chosen inter-exchange carrier and to all other operator services to the same extent that such access is provided to voice users. (3-31-22)

02.Communications Assistants' Handling of Calls. TRS providers must require that communications assistants (CAs) be sufficiently trained to effectively meet the specialized communication needs of individuals with hearing and speech disabilities and that communications assistants have competent skills in typing, grammar, spelling, interpretation of typewritten ASL, and familiarity with hearing and speech disability cultures, languages and etiquette. Communications assistants are prohibited from disclosing the content of any relayed conversation regardless of content and from keeping records of the content of any conversation beyond the duration of a call. Communications assistants are prohibited from intentionally altering a relayed conversation and must relay all conversations verbatim unless the relay user specifically requests summarization. Communications assistants must relay all messages promptly and accurately. (3-31-22)

03.Rates. The users of TRS shall pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to the point of termination. In particular, this means that when a telephone call from one customer to another would not incur long-distance charges if the call were placed directly without use of the TRS system, then there will be no long-distance charge for that call when the TRS system is used, even if the TRS provider is located in a telephone exchange that would ordinarily require a long-distance call to reach the calling or answering party .(3-31-22)

04.Other Standards and Services. The standards and services required for TRS providers by this rule are minimum standards and services. The request for proposal for TRS services may require additional standards or services, or if the request for proposals does not, the selection of the TRS provider may take into account the ability of the TRS provider to meet standards or provide services in addition to the minimum standards or services required by this rule.(3-31-22)

IDAPA 31.46.02.101 Trs Administrator (rule 101)

01.Appointment and Contract. The Commission shall appoint and contract with a qualified person to administer the TRS program in accordance with the requirements of state and federal law. The TRS Administrator is not an employee or officer of the state of Idaho, but is instead an independent contractor. The appointment and contract shall be for fixed terms, but the Commission may renew terms of appointment or contract.(3-31-22)

02.Duties and Responsibilities of Administrator. The Administrator shall:(3-31-22)

a.Consult with and receive recommendations from a telephone industry technical advisory committee (or its representatives) appointed by the Commission;(3-31-22)

b.Post a fidelity bond in the amount required by the contract with the Commission;(3-31-22)

c.Meet timetables necessary to secure certification of the TRS program by the Federal Communications Commission;(3-31-22)

d.Issue (upon such terms as the Commission finds reasonable) a request for proposals to providers of message relay services requesting responsive proposals to provide such services that may be necessary for the program;(3-31-22)

e.Evaluate responsive proposals to offer TRS services and recommend one (1) or more proposals to the Commission for its review and approval;(3-31-22)

f.Enter into a contract with the provider of TRS, which contract and provider have been approved by the Commission;(3-31-22)

g.Consult with the Idaho State Council for the Deaf and Hard of Hearing and the Idaho State Council on Developmental Disabilities concerning program design and delivery of message relay services to communications-impaired persons within the state of Idaho; and(3-31-22)

h.Perform other services concerning the program as may be deemed reasonable and necessary by the Commission or required by the Commission in its contract with the TRS Administrator.(3-31-22)

03.Contributions, Gifts and Grants. The Administrator may receive contributions, gifts and grants on behalf of and in aid of the TRS program. The contributions, gifts and grants shall be deposited in the Idaho Telecommunications Relay Services Fund.(3-31-22)

IDAPA 31.46.02.102 Establishment of Telephone Industry Advisory Committee (rule 102)

01.Establishment of Committee.

The Commission hereby establishes a telephone industry advisory committee with which the Administrator shall consult in the assessment of responses to the request for proposal (RFP), and review the services provided. The industry committee shall have three (3) members, who shall be representatives of:(3-31-22)

a.A large provider of local exchange and intraLATA Message Telecommunications (MTS) services in Idaho;(3-31-22)

b.An independent telephone company providing local exchange services and a member of the Idaho Telephone Association (the trade group that includes independent telephone companies in Idaho); and(3-31-22)

c.The Idaho State Council for the Deaf and Hard of Hearing, or the State Council on Developmental Disabilities.(3-31-22)

IDAPA 31.46.02.103 Consultation with Representatives of

THE HEARING-IMPAIRED AND THE

SPEECH-IMPAIRED (RULE 103).

The Administrator will consult with representatives of the Idaho State Council for the Deaf and Hard of Hearing and of the Idaho State Council on Developmental Disabilities.(3-31-22)

IDAPA 31.46.02.104 Request for Proposals (rfp) -- Selection of Trs Provider (rule 104)

01.Formulation of RFP and Submission to the Commission. The Administrator, shall formulate and submit a request for proposals (RFP) for the provision of TRS to the Commission. The Commission shall review the RFP and return it to the Administrator, with comments or changes that Commission finds appropriate, and direct the Administrator to issue the RFP.(3-31-22)

02.Requirements of the RFP. The RFP issued by the Administrator will request all companies responding to the RFP to comply with all requirements of state and federal law. See Rule 101. In addition, the RFP may require those responding to the RFP to meet additional requirements contained in the RFP or ask those responding to list additional standards they could meet or additional services that they could provide above the minimums required by state and federal law.(3-31-22)

03.Timetable for Decision. The Administrator shall develop a timetable for formulation of the RFP, its review by the Commission, advertisement of the RFP for response, review of proposals submitted in response to the RFP, and final decision selecting a TRS provider that will complete the process of selection of the TRS provider in sufficient time to maintain uninterrupted relay services.(3-31-22)

IDAPA 31.46.02.105 Resolution of Complaints (rule 105)

The Idaho Public Utilities Commission hereby offers itself as a forum for resolution of customer complaints reg arding TRS provided for Idaho intrastate services. Complaints can be filed and handled informally under Rules 401 et seq. of the Telephone Customer Relations Rules, IDAPA 31.41.01.400 et seq., or formally under the Commission’s Rules of Practice and Procedure, IDAPA 31.01.01.000 et seq. The Commission commits to process these complaints within the one hundred eighty (180) day timetable set forth in 47 C.F.R. 64.604(c)(5)(i). (3-31-22)

IDAPA 31.46.02.106 (Reserved)

TELECOMMUNICATIONS RELAY SERVICES FUND

Rules 200 through 299

IDAPA 31.46.02.200 Telecommunications Relay Services (trs) Fund -- Establishment and

PURPOSE (RULE 200).

Section 61-1304, Idaho Code, directs the TRS Administrator to establish a fund (the telecommunications relay services fund, or TRS fund) for the provision of telecommunications relay services. The TRS Administrator will deposit the fund in a depository approved by the Commission and to credit to that fund all monetary contributions, gifts and grants received by the Administrator and all charges billed and collected pursuant to Section 61-1305, Idaho Code, and these rules. No funds derived from monies billed and collected from telephone corporations pursuant to Section 61-1305, Idaho Code, and these rules shall be used to acquire end-user text telephones. All monies deposited in the TRS fund shall be spent for the purpose of defraying the expenses, debts and costs incurred in carrying out the provisions of the TRS program, or for defraying administrative expenses of the Administrator, including necessary expenses for consultants to the Administrator, expenses for travel, supplies and equipment and other expenses of the Administrator necessary for the implementation of the TRS program. All monies credited to the TRS fund may be spent by the Administrator at such times and in such manner as authorized by this Commission’s rules, orders or contract with the Administrator.(3-31-22)

IDAPA 31.46.02.201 The Commission's Determination of Funding Levels (rule 201)

01.Issuance of Commission Order.

On or before March 1 of each succeeding year, the Commission shall issue an order in response to the Administrator’s annual report that will establish funding levels to be in effect for the twelve months beginning April 1 following issuance of the order. The Commission may issue an order revising funding levels at other times in order to preserve the integrity of the fund.(3-31-22)

02.Findings and Directives of the Order Prescribing Funding Levels. Orders prescribing funding levels issued pursuant to Rule 202.01 shall contain the following:(3-31-22)

a.The Commission’s finding of the funding target for the TRS program for the twelve (12) months beginning April 1 (or other appropriate time, if the order is not issued to be in effect for twelve (12) months beginning April 1), based upon anticipated expenses of operation of the TRS program for those twelve (12) months and prudent management of minimum fund balances; and(3-31-22)

b.The Commission’s findings of the fair, just and reasonable allocations of the twelve (12) month funding target that will come from telephone corporations providing local exchange service and that will come from telephone corporations providing MTS/WATS services, respectively.(3-31-22)

03.Calculation of Funding Levels. Telephone corporations providing local exchange service in Idaho and telephone corporations providing intrastate Message Telecommunication Services/Wide Area Telecommunications Services (MTS/WATS) services in Idaho must contribute to the TRS fund as follows: (3-31-22)

a.Each telephone corporation providing local exchange service in Idaho shall file a monthly report, due on or before the first of each month, stating the number of local access lines it has for that month. The data used to determine a local exchange company’s number of local access lines shall be the same as that used for monthly reporting to the Administrator of the Universal Service Fund (USF) for the monthly USF report. See USF Rule

IDAPA 31.46.02.201 01, Idapa 31.46.01.201.01.(3-31-22)

b.Each telephone corporation providing intrastate MTS/WATS service in Idaho is required to contribute to TRS funding in proportion to the number of its intrastate MTS/WATS billed minutes, provided that those telephone corporations providing intrastate MTS/WATS service in Idaho that use the services of another telephone corporation for the actual transportation of calls and that have been granted exemptions from contributions to the USF by the Commission, the USF Administrator, or the Commission staff are also granted exemptions from contributions to the TRS fund by operation of this rule. The USF Administrator shall provide the TRS Administrator with a list of all telephone corporations exempted from contributing to the USF and all changes to that list whenever they are made. The data determining an MTS/WATS company’s number of intrastate MTS/WATS billed minutes for a given monthly report due on or before the first of the month shall be the same provided to the Administrator of the USF for the USF report also due on or before the first of that month. See USF Rule 201.02, IDAPA 31.46.02.201.02.

IDAPA 31.46.02.202 Telephone Corporations' Monthly Remittances to the Trs Administrator

(RULE 202).

Unless otherwise provided by order of the Commission or written exemption of the USF Administrator or the Commiss ion staff, on or before the first day of each month, all local exchange companies providing local exchange service in Idaho shall remit to the TRS Administrator the funds due under the Commission’s order issued pursuant to Rule 202. Unless otherwise provided by order of the Commission or written exemption of the USF Administrator or the Commission staff, on or before the first day of each month all MTS/WATS companies providing intrastate MTS/ WATS services shall remit to the Administrator the funds due under the Commission’s order issued pursuant to Rule

IDAPA 31.46.02.202 (3-31-22)

IDAPA 31.46.02.203 The Administrator's Quarterly Repor

T TO THE COMMISSION (RULE 203).

On or before the fifteenth day after the close of each quarter , the Administrator shall submit a report to the Commission providing the following information:(3-31-22)

01.Administrator’s Disbursements. The Administrator’s disbursements to the TRS provider for the quarter.(3-31-22)

02.Administrator’s Fees. The Administrator’s fees for the quarter.(3-31-22)

03.List of All Companies. A list of all companies remitting monies to the TRS fund during the quarter, indicating which companies have remitted funds for their provision of local exchange service, which companies have remitted funds for their provision of MTS/WATS services, and which companies have remitted both.

04.Total Amounts Remitted. The total amounts remitted to the TRS fund by local exchange companies during the quarter, the total amounts remitted by MTS/WATS companies during the quarter, and the sum of the two;(3-31-22)

05.Total Number of Local Calls. The total number of local calls handled by the TRS provider during the quarter, the total number of intrastate and interstate calls handled by the TRS provider during the quarter (keeping separate totals for each), and the total number of intrastate and interstate MTS/WATS minutes billed by the TRS provider during the quarter (keeping separate totals for each);(3-31-22)

06.Interest, Contributions and Other Income. Interest earned during the quarter, contributions received during the quarter, and any other income for the quarter; and(3-31-22)

07.Fund Balances for the Quarter. Beginning, ending and monthly fund balances for the quarter, together with any information that may be necessary to calculate beginning and ending balances for the quarter.

IDAPA 31.46.02.204 The Administrator's Annual Report to the Commission (rule 204)

01.Report of Existing Financial Conditions. On or before February 15 of each year, the Administrator shall submit a report to the Commission providing the following information:(3-31-22)

a.A statement of the TRS fund’s income in the previous calendar year from remittances by local exchange companies and from remittances by MTS/WATS companies, and the total, and a statement of all other income (including interest), gifts, contributions, etc., for the calendar year;(3-31-22)

b.Actual TRS fund balances at the end of the quarters ending in March, June, September and December of the preceding calendar year; and(3-31-22)

c.The statewide line count for local service lines on January 1 of that year and January 1 of the previous year, and the total number of MTS/WATS minutes reported to the TRS Administrator for the year ending the previous December 31 and the year ending the December 31 before that.(3-31-22)

02.Report on Use of the TRS Program. The Administrator shall also report, based upon information to be supplied by the TRS provider, upon use of the TRS program in the previous calendar year. The Administrator’s contract with the TRS provider shall require appropriate data collection by the TRS provider, including, but not limited to, the number of calls handled by the provider, with breakdown showing whether the calls are local or MTS, intrastate or interstate MTS, total intrastate and interstate MTS minutes, the hours when calls are made (e.g., from 8 a.m. to 5 p.m., from 5 p.m. to 11 p.m., from 11 p.m. to 8 a.m.), days of the week when calls are made, and patterns of increased or decreased usage of the TRS program from month to month for the previous calendar year. The TRS provider shall provide this information by month to the TRS Administrator on dates to be specified by the Administrator.(3-31-22)

03.Recommendation. The Administrator shall report the TRS fund’s expected surplus or deficit for the twelve months beginning April 1 based upon the assumption that the TRS funding levels will not change. The Administrator shall also report whether this surplus or deficit will alter the expected fund balance during the twelve (12) months beginning April 1 following the report significantly enough to recommend that TRS funding levels be increased or decreased. If the Administrator believes that the TRS funding levels should be increased or decreased, the Administrator shall recommend a target balance for the TRS fund for the end of the twelve (12) months beginning April 1 following this report and the amount by which TRS fund remittances should be increased or decreased beginning April 1 to meet this target.(3-31-22)

04.Review by Commission Staff. On or before March 1 the Commission Staff shall review the Administrator’s calculations and recommendations and call any errors or omissions to the attention of the Administrator and the Commission.(3-31-22)

05.Report a Public Record -- Workpapers Exempted Trade Secrets. The Administrator’s report showing statewide totals for local service and MTS/WATS minutes, inventories of service lines, and other information not identifying a telephone corporation or a customer is a public record available for inspection, examination and copying under Section 74-102, Idaho Code. Workpapers accompanying the report (including those produced by the USF Administrator) showing individual telephone corporation’s data for Title 62 services and individual telephone corporation’s reports to the TRS or USF Administrators showing data for their Title 62 services, together with any data for Title 61 services protected from disclosure under applicable Trade Secret Law, are trade secrets exempt from disclosure under Section 74-107(1), Idaho Code.(3-31-22)

IDAPA 31.46.02.205 (Reserved)

PARTICIPATION IN THE TRS PROGRAM

Rules 300 through 399

IDAPA 31.46.02.300 Participation in Program (rule 300)

All telephone corporations providing local exchange service with in the state of Idaho and all telephone corporations providing intrastate MTS within the state of Idaho, including those otherwise exempt from the jurisdiction of the Commission pursuant to Section 61-104, Idaho Code, and those providing local exchange service or MTS/WATS pursuant to the Telecommunications Act of 1988, Sections 62-601 et seq., Idaho Code, are required to participate in the TRS program and to contribute to the TRS fund under these rules, except as provided by Rules 203 and 302.

IDAPA 31.46.02.301 Exemption from Trs Participation and Funding (rule 301)

The Commission may permit a telephone corporation that provides local exchange service in Idaho or intrastate MTS/W ATS service in Idaho to provide TRS to its customers through a TRS provider other than the provider selected by the Commission and may waive the telephone corporation’s obligation to participate in the program and to fund the program if the Commission finds, upon application by the telephone corporation, that:(3-31-22)

01.ADA. The telephone corporation will meet its obligation to its Idaho customers in accordance with the standards set forth in the Americans with Disabilities Act.(3-31-22)

02.TRS Program. The operation or provision of TRS under the program approved by the Commission will not be substantially impaired if that telephone corporation does not participate in or fund the TRS program.(3-31-22)

IDAPA 31.46.02.302 (Reserved)

31.81.01 Energy Consumption Reporting Rules

IDAPA 31.81.01.000 Legal Authority (rule 0)

Chapter 13, Title 62, Idaho Code.(4-6-23)

IDAPA 31.81.01.001 Title and Scope (rule 1)

These rules apply to all energy suppliers. These rules should be construed in connection with the Energy Consu mption Act, the Public Utilities Law, the Public Records Law, and other applicable state laws.(4-6-23)

IDAPA 31.81.01.002 (Reserved)

IDAPA 31.81.01.004 Public Record Act Compliance (rule 4)

The energy consumption reports required by these rules are exempt from public disclosure and copying under Section 74-107(13), Idaho Code.(4-6-23)

01.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.(4-6-23)

IDAPA 31.81.01.005 Definitions (rule 5)

The following terms used in thes e rules are defined:(4-6-23)

01.Commission. The Idaho Public Utilities Commission.(4-6-23)

02.Consumption Reports. The reports created by the energy suppliers as authorized by these rules and submitted to the Department.(4-6-23)

03.Department. The Idaho Department of Water Resources.(4-6-23)

04.Energy Suppliers. All suppliers of electric power and natural or manufactured gas including all public utilities, municipal, mutual nonprofit, and cooperative corporations providing energy to an irrigation customer.

(4-6-23)

05.Geographic Areas. Areas served by energy supplies as designated by the Commission.(4-6-23)

06.Irrigation Customer. A customer pumping ground water that is:(4-6-23)

a.Receiving service from an energy supplier under an irrigation service tariff or rate schedule; or (4-6-23)

b.Irrigating three (3) or more acres if such information is known to the energy supplier.(4-6-23)

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.(4-6-23)

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.(4-6-23)

IDAPA 31.81.01.006 (Reserved)

REPORTING RULES

Rules 11 through 20

IDAPA 31.81.01.011 Request for Reports (rule 11)

No later than July 1 of each year, the Department may reques t consumption reports from energy suppliers for the current irrigation season.(4-6-23)

01.Notification by Department. The Department will notify energy suppliers serving specific geographic areas that consumption reports must be submitted.(4-6-23)

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.(4-6-23)

IDAPA 31.81.01.012 Contents of Consumption Report (rule 12)

01.Content of Consumption Reports. Each co nsumption 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. (4-6-23)

IDAPA 31.81.01.013 Report Format (rule 13)

Consumption reports will be forwarded to the Department electronically unless otherwise agreed to. (4-6-23)

IDAPA 31.81.01.014 (Reserved)

REIMBURSEMENT RULES

Rules 21 through 999

IDAPA 31.81.01.021 Reimbursement of Costs (rule 21)

Energy suppliers are entitled to reimbursement by the Dep artment 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.(4-6-23)

IDAPA 31.81.01.022 Resolution of Reimbursement Disputes (rule 22)

When an energy supplier and the Department are unable to reso lve a reimbursement dispute, either party or both may seek informal dispute resolution with the Commission’s staff. If the outcome of the informal proceeding is unsatisfactory to either party, the aggrieved party may file a formal complaint with the Commission under its Rules of Procedure.(4-6-23)

IDAPA 31.81.01.023 (Reserved)

31.12.01 Systems of Accounts for Public Utilities Regulated by the Idaho Public Utilities Commission

IDAPA 31.12.01.000 Legal Authority (rule 0)

Chapters 1 through 7, Title 61, Idaho Code, and the specific legal authority of Section 61-524, Idaho Code. (7-1-24)

IDAPA 31.12.01.001 Scope (rule 1)

All Class A and B electric, gas, telephone, and water public u tilities are required to maintain their books and records according to the systems of accounts adopted by this rule.(7-1-24)

IDAPA 31.12.01.002 Incorporation by Reference (rule 2)

01.Uniform System of Accounts for Electric Utilities. Available at eCFR :: 18 CFR Part 101 -- Uniform System of Accounts Prescribed for Public Utilities and Licensees Subject to the Provisions of the Federal Power Act, as adopted April 1, 2007.(7-1-24)

02.Uniform System of Accounts for Gas Utilities. Available at eCFR :: 18 CFR Part 201 -- Uniform System of Accounts Prescribed for Natural Gas Companies Subject to the Provisions of the Natural Gas Act, as adopted April 1, 2007.(7-1-24)

03.Uniform System of Accounts for Telephone Utilities. Available at eCFR :: 47 CFR Part 32 -- Uniform System of Accounts for Telecommunications Companies, as adopted April 1, 2007.(7-1-24)

04.Uniform System of Accounts for Water Utilities. 1996 Version: Available at https:// maxxwww.naruc.org/forms/store/ProductFormPublic/uniform-system-of-accounts-for-class-a-b-water-utilities.

(7-1-24)

IDAPA 31.12.01.003 (Reserved)

31.01.01 Rules of Procedure of the Idaho Public Utilities Commission

IDAPA 31.01.01.000 Legal Authority (rule 0)

These rules are adopted under the general legal authority of the Pub lic Utilities Law, Chapters 1 through 7, Title 61, Idaho Code. Chapters 8 through 10, 13, 15 through 17, Title 61, Idaho Code; Chapters 3 and 4, Title 62, Idaho Code; the Telecommunications Act of 1988, as amended, Chapter 6, Title 62; Chapters 12 and 13, Title 62, Idaho Code; and the particular authority of Sections 56-904, 61-304 through 61-309, 61-501 through 61-505, 61-507, 61-516, 61-538, 61-541, 61-601 through 61-607, 61-610 through 61-619, 61-621 through 61-626, 61-803 through 61-806, 61-902 through 61-905, 61-909, 61-1003 through 61-1005, 61-1007, 61-1305, 61-1306, 61-1603 through 61-1607, 61-1703 through 61-1709, 62-304, 62-305, 62-424, 62-602 through 62-616A, 62-619, 62-622, 62-622A, 62-1201 through 62- 1207, 62-1303, 62-1304, 63-3029I, and 67-6528, Idaho Code.(3-31-22)

IDAPA 31.01.01.001 Title and Scope (rule 1)

The name of this chapter is “Rules of Procedure of the Id aho Public Utilities Commission.” This chapter has the following scope: These rules govern all procedure before the Idaho Public Utilities Commission (the Commission).

IDAPA 31.01.01.002 Written Interpretations – Agency Guidelines (rule 2)

Written interpretations to these rules can be obtained from the Commission Secretary. (3-31-22)

IDAPA 31.01.01.003 Administrative Appeals (rule 3)

There are no provisions for administrative appeals wi thin the Commission under these rules, except that under Rules 253 and 265 a presiding officer may, in the presiding officer’s discretion refer a ruling on evidence or a motion to the full Commission.(3-31-22)

IDAPA 31.01.01.004 Public Records Act Compliance (rule 4)

Except as provided by statute and Rules 26, 67, 233, and 287, all materials filed with or issued by the Commission under these rules are public documents subject to inspection, examination and copying.(3-31-22)

IDAPA 31.01.01.005 Definitions (rule 5)

Terms of art in these rules are defined within the rules themselves.

Other terms are defined in Chapter 1, Title 61, Idaho Code, and Section 62-603, Idaho Code.(3-31-22)

IDAPA 31.01.01.006 (Reserved)

IDAPA 31.01.01.010 These Rules Supersede the Attorney General's Rules of Procedure (rule 10)

These rules are affirmatively promulgated to supersede the Idaho Rules of Administrative Procedure of the Attorney General, IDAPA 04.11.01.000 et seq. The Attorney General’s Idaho Rules of Administrative Procedure do not apply to Commission proceedings.(3-31-22)

IDAPA 31.01.01.011 Proceedings Governed (rule 11)

Rules 11 through 356 govern Commission procedure in investigations, contested cases, licensing, rulemaking, and other matters specifically addressed by these rules, unless otherwise directed by the Commission.(3-31-22)

IDAPA 31.01.01.012 Office – Office Hours – Fax Number – Mailing, Electronic and Street

ADD RESSES – DROP BOX (RULE 12).

The Commission’s office is in Boise, Idaho.

This office is open from 8 a.m. to 5 p.m., except Saturday, Sunday and legal holidays. The Commission’s telephone number is (208) 334-0300. The hearing or speech impaired may reach the Commission through the Idaho Telecommunications Relay Service by dialing 711. The Commission has no drop box for filing documents after the close of business.(3-31-22)

01.Fax Number, Mailing and Street Addresses, and Email. The Commission’s FAX number is (208) 334-3762. The Commission’s mailing address is: Idaho Public Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074. The Commission’s street address is: 11331 W. Chinden Blvd, Bldg 8, Suite 201-A, Boise, Idaho 83714. The Commission’s email address is secretary@puc.idaho.gov. All documents filed in all proceedings must be filed with the Commission at one (1) of these addresses.(3-31-22)

02.Internet Homepage. The Commission’s webpage is http://www.puc.idaho.gov.(3-31-22)

IDAPA 31.01.01.013 Liberal Construction (rule 13)

These rules will be liberally construed to secure just, speedy and economical determination of all issues presented to the Commission. Unless prohibited by statute, the Commission may permit deviation from these rules when it finds compliance with them is impracticable, unnecessary or not in the public interest.(3-31-22)

IDAPA 31.01.01.014 Commission Secretary -- Communications with

COMMISSION (RULE 14).

01.The Commission Secretary.

The Commission Secretary is the custodian of the Commission’s public records and is responsible for service of all orders and notices and of all complaints filed with the Commission.

Unless otherwise directed by order, the Commission Secretary issues the Commission’s official notices. All written communications and documents that are intended to be part of an official Commission record (other than a hearing record) must be filed with the Commission Secretary.(3-31-22)

02.Timely Filing. Unless otherwise provided by statutes, these rules, order or notice, documents are considered filed when received by the Commission Secretary, not when mailed or otherwise transmitted.(3-31-22)

03.Case Information. Information concerning proceedings before the Commission or the status of any matter before the Commission is available from the Commission Secretary or the Commission’s Internet homepage.(3-31-22)

IDAPA 31.01.01.015 Identification of Communications (rule 15)

Parties’ communications pertaining to a case must be written under that case caption and case number. General communications by other persons should refer to case captions, case numbers, permit numbers, or the like, if this information is known.(3-31-22)

IDAPA 31.01.01.016 Service by Commission - Designation of Agent (rule 16)

The Commission Secretary serves all notices, orders, summonses, and complaints issued by the Commission or by the Secretary.(3-31-22)

01.Service of Orders and Notices. All notices and orders served by the Commission may be served by email. Notices and orders may also be served by United States mail in cases designated by the Commission.

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 under Rule 41 for that proceeding and upon other persons designated by these rules or by the Commission or any Commissioner.(3-31-22)

02.Service of Summonses and Complaints. The Commission Secretary will serve complaints against utilities upon the person designated for that purpose by the utility. Summonses and complaints directed to regulated utilities or other persons 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.(3-31-22)

03.Designation of Agent for Service. All utilities shall designate a person as their agent to be served with summons and complaints. Utilities shall be responsible for maintaining on file with the Commission Secretary the current name, mailing address and e-mail address of the person designated as the agent to receive service.

IDAPA 31.01.01.017 Computation of Time (rule 17)

Whenever statute, these or other ru les, order, or notice requires an act to be done within a certain number of days of a given day, the given day is not included in the count. If the day the act must be done is a Saturday, Sunday or legal holiday, the act may be done on the first day following that is not a Saturday, Sunday or legal holiday.(3-31-22)

IDAPA 31.01.01.018 Payment of Fees and Remittances (rule 18)

01.Payments. Fees and remittances to the Commission must be paid by money order, bank draft or check payable to “Idaho Public Utilities Commission.” Remittances in currency or coin are wholly at the remitter’s risk, and the Commission assumes no responsibility for their loss.(3-31-22)

02.Annual Regulatory Fees. Utilities and railroads shall pay their annual special regulatory fees as required by Chapter 10, Title 61 and Section 62-611, Idaho Code. Utilities and railroads that fail to pay their special regulatory fees and, are no longer conducting business in Idaho, may be administratively removed from the list of utilities and railroads subject to the annual regulatory fee.(3-31-22)

IDAPA 31.01.01.019 Incorporated by Reference -- Idaho Bar Commission Rule (rule 19)

Rule 43 incorporates by reference Idaho Bar Commission Rule 227 (Pro Hac Vice Admission). Bar Rule 227 is promulgated by the Idaho State Bar and adopted by order of the Idaho Supreme Court. Bar Rule 227 may be obtained from the Idaho State Bar, PO Box 895, Boise, ID 83701, or online at http://www.isb.idaho.gov. (3-31-22)

IDAPA 31.01.01.020 Discontinuance of Telecommunica

TIONS SERVICE (RULE 20).

A telephone corporation that intends to discontinue service in Idaho shall file a notice with the Commission at least nin ety (90) days in before the date that it intends to cease operations. The telephone corporation proposing to discontinue basic local exchange or message telecommunications services shall also publish a notice of such discontinuance in a legal newspaper circulated in its service area under Section 62-612, Idaho Code. If the telephone corporation held any customer deposits or advance payments, the telephone corporation shall indicate in the notice how the deposits are to be returned to customers. See also IDAPA 31.41.01, “Customer Relations Rules for Telephone Corporations Providing Services in Idaho Subject to Customer Service Regulation by the Idaho Public Utilities Commission,” Section 312.

SUBCHAPTER B – CONTESTED CASES

(Rules 21-400)

P ART 1 – DEFINITIONS AND GENERAL PROVISIONS

(Rules 21-100)

INFORMAL AND FORMAL PROCEEDINGS

(Rules 21-30)

IDAPA 31.01.01.021 Informal Proceedings Defined (rule 21)

Informal proceedings are proceedings in cases authorized by statute, rule or order of the Commission to be conducted using informal procedures, i.e., procedures without a record to be preserved for later Commission or judicial review, without the necessity of representation according to Rule 43, without formal designation of parties, without the necessity of presiding officers, or without other formal procedures required by these rules for formal proceedings.

Unless prohibited by statute, the Commission may provide that informal proceedings may precede formal proceedings in the consideration of a rulemaking or a case.(3-31-22)

IDAPA 31.01.01.022 Informal Procedure (rule 22)

These rules encourage the use of informal proceedings to settle or determine cases. Unless prohibited by statute, the Commission may provide for the use of informal procedure at any stage of a case. Informal procedure may include individual contacts by or with the Commission staff asking for information, advice or assistance from the Commission staff, or proposing informal resolution of formal disputes. Informal procedures may be conducted in writing, by telephone, or in person.(3-31-22)

IDAPA 31.01.01.023 Further Proceedings (rule 23)

Except as provided in Rule 24, any person participating in an informal proceeding must be given an opportunity for a later formal administrative proceeding before the Commission, at which time the parties may fully develop the record before the Commission.(3-31-22)

IDAPA 31.01.01.024 Informal Proceedings Do Not Exhaust

ADMINISTRATIVE REMEDIES (RULE 24).

Unless all parties agree to the contrary in writing, informal proceedings do not substitute for formal proceedings and do not exhaust administrative remedies, and informal proceedings are conducted without prejudice to the parties’ right to present the matter formally to the Commission. The Commission Staff will consider and investigate informal inquiries or complaints without prejudice to the interested persons right to present the matter formally to the Commission, unless all affected persons agree in writing to be bound by the informal decision. Settlement offers made during informal proceedings are confidential and shall be excluded from the agency record of any later formal proceedings. The Commission prefers informal procedure for informal inquiries or complaints. But, the Commission may formally consider any informal inquiry or complaint presented to it or to the Staff.(3-31-22)

IDAPA 31.01.01.025 Formal Proceedings (rule 25)

Formal proceedings, which are governed by rules of procedure other than Rules 21 through 24, must be initiated by a pleading listed in Rules 51 through 58.(3-31-22)

IDAPA 31.01.01.026 Informal Files May Be Investiga

TIVE RECORDS (RULE 26).

Files created by the Commission and its Staff in response to informal inquiries or complaints are investigatory records and are generally exempt from disclosure according to Section 74-105(1), Idaho Code, but are available under Section 74-113(1), Idaho Code, to the customer, applicant, utility, carrier, etc., that are the subjects of the investigation.(3-31-22)

IDAPA 31.01.01.027 (Reserved)

PARTIES – OTHER PERSONS

(Rules 31- 40)

IDAPA 31.01.01.031 Parties Listed (rule 31)

Parties to proceedings before the Commission are called app licants, petitioners, complainants, respondents, or intervenors. Applicants, petitioners, complainants, and respondents are original parties. On reconsideration parties are called by their original titles listed above.(3-31-22)

IDAPA 31.01.01.032 Applicants (rule 32)

Persons who seek any right, license, award, or authority (excep t intervenors requesting intervenor funding) from the Commission are called “applicants.”(3-31-22)

IDAPA 31.01.01.033 Petitioners (rule 33)

Persons not applicants who seek to modify, am end or stay existing orders or rules, to clarify their rights or obligations under law administered by the Commission, to ask the Commission to initiate a proceeding (other than an application or a complaint), or to otherwise take action that will result in the issuance of an order or rule, but not seeking a right or authority from the Commission, are called “petitioners.”(3-31-22)

IDAPA 31.01.01.034 Complainants (rule 34)

Persons charging other person(s) with any act or omission are calle d “complainants.” In any proceeding which the Commission charges an act or omission, the Commission is called “complainant.”(3-31-22)

IDAPA 31.01.01.035 Respondents (rule 35)

Persons against whom complaints or petitions are filed or ab out whom investigations are initiated are called “respondents.”(3-31-22)

IDAPA 31.01.01.036 Intervenors (rule 36)

Persons, not original parties to a proceeding, permitted to participate as parties under Rules 71 through 75, are called “intervenors.”(3-31-22)

IDAPA 31.01.01.037 Commission Staff (rule 37)

Commission Staff may appear in any Commission proceeding as an impartial representative of the public interest wit h all rights of participation as a party would have. If counsel is desired, a Deputy Attorney General for the Commission represents the Staff.(3-31-22)

IDAPA 31.01.01.038 Rights of Parties and of Commission Staff (rule 38)

Subject to Rules 249, 251 and 261, all parties and the Commission Staff may appear at hearing or argument, introduce evidence, examine witnesses, make and argue motions, state positions, and otherwise fully participate in hearings or arguments.(3-31-22)

IDAPA 31.01.01.039 Persons -- Persons Not Parties -- Interested Persons -- Public Involvement

(RULE 39).

01.Persons and Person Not Parties.

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.(3-31-22)

02.Interested Persons. For purposes of the Commission Secretary’s service of notice under Rules 113, 123, and 202 interested persons are: (1) municipalities, counties, and chambers of commerce in the area affected by a proceeding and (2) persons who were parties to any similar proceeding involving the same utility or railroad in the preceding three (3) years. This rule does not define interested persons for purposes of Section 61-626, Idaho Code.(3-31-22)

03.Public Involvement. Persons may subscribe to the Commission’s Rich Site Summary (RSS) feed on the Commission home page at www.puc.idaho.gov to receive periodic updates about filings in certain groups of cases, in individual cases, or the issuance of press releases, orders and notices Subscription to general information will be available at the home page at “Keep Me Updated” and case specific subscription will be available at each case summary page. The Commission’s home page also links to other utility or Commission topics.(3-31-22)

IDAPA 31.01.01.040 (Reserved)

REPRESENTATIVES OF PARTIES

(Rules 41- 50)

IDAPA 31.01.01.041 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 each representative’s mailing and electronic (if available) address for purposes of receipt of all official documents.

Service of documents on the named representative(s) 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 if the person meets the requirement of Rule 43.(3-31-22)

02.Number of Representatives. No more than two (2) 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.(3-31-22)

IDAPA 31.01.01.042 Taking of Appearances (rule 42)

The presiding officer at hearing or prehearing conference will take appearances to identify the representatives of all parties at the hearing. Parties whose pleadings have not been received by or distributed to all other parties may be required to state their interests at the hearing.(3-31-22)

IDAPA 31.01.01.043 Representation of Parties (rule 43)

Proceedings before the Commission are sometimes administrative in na ture or quasi-judicial in nature. General requirements for the representation of parties are outlined below.(3-31-22)

01.Administrative Proceedings. Administrative proceedings before the Commission include matters such as the filing of tariff schedules, tariff advices, price lists, certificates to provide local exchange service, interconnection agreements, rulemaking, written comments in modified procedure, or written comments provided at a customer hearing. These filings may be made by a natural person pro se, a partner in a partnership, an employee or officer of a corporation, or a licensed attorney.(3-31-22)

02.Quasi-Judicial Proceedings. The representation of parties at quasi-judicial proceedings for the purpose of adjudicating the legal rights or duties of a party is restricted as set out below. Quasi-judicial proceedings before the Commission include matters such as formal complaints, petitions, motions, applications for modified procedure or technical/evidentiary hearings. Representation of parties of these types of proceedings shall be as follows:(3-31-22)

a.A natural person may represent himself or herself or be represented by a licensed attorney.

b.A partnership or corporation shall be represented by a licensed attorney.(3-31-22)

c.A municipal corporation; a state, federal, tribal, or local government agency; an unincorporated association; a non-profit organization, or other entity shall be represented by a licensed attorney.(3-31-22)

03.Attorney Representation. Only active Idaho State Bar members may represent a party as an attorney except as provided by Idaho Bar Commission Rule 227 (Pro Hac Vice Admission). The Commission adopts by incorporation Bar Rule 227 as modified below.(3-31-22)

a.Limited admission by out-of-state attorneys will not be necessary in conjunction with administrative proceedings. Out-of-state attorneys representing the same party in one (1) or more quasi-judicial proceedings must request limited admission at least one (1) time per calendar year.(3-31-22)

b.An attorney applying for limited admission to appear before the Commission in a representative capacity shall file a written motion with the Commission Secretary and serve a copy on all parties. The motion shall be substantially in the form set out in Bar Rule 227(j) with references to the Commission instead of the court.

c.A copy of the written motion shall be submitted to the Idaho State Bar accompanied by the fee prescribed in Bar Rule 227.(3-31-22)

IDAPA 31.01.01.044 Service on Representatives of Parties and Other Persons (rule 44)

From the time a party files its initial ple ading in a proceeding, that party must serve and all other parties must serve all future documents listed in Rule 51 upon all other parties’ representatives designated pursuant to Rule 41, unless otherwise directed by order or notice or by the presiding officer on the record. The Commission may order parties to serve past documents filed in the case upon those representatives. The Commission may order parties to serve past or future documents filed in the case upon persons not parties to the proceedings before the Commission.(3-31-22)

IDAPA 31.01.01.045 Withdrawal of Parties (rule 45)

Any party must move the Commission in writing or at hearing to withdraw from a proceeding.(3-31-22)

IDAPA 31.01.01.046 Substitution of Representative -- Withdra

WAL OF REPRESENTATIVE (RULE 46).

If proceedings will not be unreasonably delayed, parties may change their repre sentative by filing written notice of substitution with the Commission. The presiding officer at hearing may permit substitution of representatives at hearing in the presiding officer’s discretion. Persons representing a party who wish to withdraw their representation must immediately file written a notice of withdrawal of representation and serve that notice on the party represented and all other parties.(3-31-22)

IDAPA 31.01.01.047 Conduct Required (rule 47)

Parties and their representatives must be respectful, act eth ically, and be courteous in a Commission hearing or proceeding. Persons disrupting any hearing shall be asked to leave by the presiding officer. See Section 18-6409(1), Idaho Code.(3-31-22)

IDAPA 31.01.01.048 Former Employees -- Restriction on Representation of Parties (rule 48)

No former employee of the Com mission or member of the Attorney General’s staff may appear in a representative capacity or as an expert witness on behalf of other parties in a formal proceeding in which he or she previously took an active part.(3-31-22)

IDAPA 31.01.01.049 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.(3-31-22)

IDAPA 31.01.01.050 (Reserved)

PLEADINGS – IN GENERAL

(Rules 51- 60)

IDAPA 31.01.01.051 Pleadings Listed -- Miscellaneous (rule 51)

Pleadings before the Commission are called applications, petitions, complaints, motions, answers and consent agreements. Affidavits may be filed in support of any pleading. Initial pleadings must comply with Rule 41. All pleadings must be filed in accordance with Rules 61 through 66. A party may adopt or join any other party’s pleading.

Two (2) or more separately stated grounds, claims or answers concerning the same subject matter may be included in one (1) pleading.(3-31-22)

IDAPA 31.01.01.052 Applications -- Defined -- Form and Contents (rule 52)

All pleadings requesting a right, certificate, perm it, or authority from the Commission are called “applications.”

Applications must:(3-31-22)

01.State Facts. Fully state the facts upon which they are based,(3-31-22)

02.Refer to Provisions. Refer to the particular provisions of statute, rule, order, or other controlling law upon which they are based, and(3-31-22)

03.Pray for the Action Sought. Request the action desired.(3-31-22)

IDAPA 31.01.01.053 Petitions -- Defined -- Form and Contents (rule 53)

01.Petitions. Petit ions are all pleadings requesting:(3-31-22)

a.Modification, Amendment or Stay of Existing Orders or Rules.(3-31-22)

b.Clarification or Construction of Orders, Rules or Statute.(3-31-22)

c.Initiation of Proceeding. The initiation of a proceeding not an application or a proceeding that will lead to the issuance of an order.(3-31-22)

d.Reconsideration.(3-31-22)

e.Request for Intervenor Funding.(3-31-22)

02.Form and Content. Petitions must:(3-31-22)

a.Fully state the facts upon which they are based,(3-31-22)

b.Refer to the particular provisions of statute, rule, order or other controlling law upon which they are based,(3-31-22)

c.Pray for the relief desired, and(3-31-22)

d.State the name of the person petitioned against (the respondent), if any.(3-31-22)

IDAPA 31.01.01.054 Formal Complaints -- Defined -- Contents and Process (rule 54)

All pleadings charging utilities or other person(s) with acts or omissions under law administered by the Commission are called “formal complaints.” Formal complaints must be in writing and:(3-31-22)

01.Name the Respondent. State the name of the utility or person complained against (the respondent).(3-31-22)

02.State the Facts. Fully state the facts constituting the acts or omissions of the utility or person against whom the complaint is filed and the dates when the acts or omissions occurred.(3-31-22)

03.Refer to Applicable Provisions. Refer to the specific provision of statute, rule, order, notice, tariff or other controlling law that the utility or person has violated.(3-31-22)

04.State the Relief Desired. State what action or outcome should be taken to resolve the complaint.

05.Process. The Commission encourages the use of informal proceeding (see Rules 21 through 26) to resolve or settle formal complaints. The Commission shall determine how a formal complaint should be processed, e.g., issuance of a summons, open an investigation, informal procedure with Staff. The Commission Secretary may serve a copy of the formal complaint upon the utility or person to which the formal complaint is directed. (3-31-22)

IDAPA 31.01.01.055 Informal Inquiries or Complaints (rule 55)

Informal inquiries or complaints are addressed in Rules 21 through 26.(3-31-22)

IDAPA 31.01.01.056 Motions -- Defined -- Form and Conten

TS -- TIME FOR FILING (RULE 56).

All other pleadings requesting the Commission to take an y other action, except consent agreements or pleadings specifically answering other pleadings, are called “motions.” Motions must:(3-31-22)

01.State the Facts. Fully state the facts upon which they are based.(3-31-22)

02.Refer to Provisions. Refer to the particular provision of statute, rule, order, notice, or other controlling law upon which they are based.(3-31-22)

03.Pray for the Relief Sought. If the moving party desires oral argument or hearing on the motion, the moving party must so state in the motion. Any motion to dismiss, strike or limit a complaint or petition must be filed before the answer is due or be included in the answer, if the movant is obligated to file an answer. If a motion is directed to an answer, it must be filed within fourteen (14) days after service of the answer. Other motions may be filed at any time upon compliance with Rule 256. The Commission will act on motions as provided in Rule 256.

IDAPA 31.01.01.057 Answers -- Defined -- Form and Contents

-- TIME FOR FILING (RULE 57).

01.Answers Defined.

All pleadings responding to the allegations or requests of applications, complaints, petitions or motions are called “answers.” All pleadings responding to the allegations or prayers of complaints, petitions or motions are called “answers.”(3-31-22)

02.Answers to Complaints or Petitions. Answers to complaints or petitions must be filed with the Commission and served on all parties of record within twenty-one (21) days after service of the complaint or petition, unless the Commission modifies the time within which answer may be made or a motion to dismiss is made within twenty-one (21) days.(3-31-22)

a.Answers to complaints or petitions must admit or deny each material allegation of the complaint or petition. Any material allegation not specifically admitted shall be deemed denied. Matters alleged by crosscomplaint or affirmative defense must be separately stated and numbered.(3-31-22)

b.A party that fails to answer a complaint or petition within the prescribed time will be treated as generally denying the allegations of the complaint or petition and will be precluded, except for good cause shown, from setting up any affirmative defense in the proceeding. In these cases, the Commission may proceed with the matter solely upon the issues set forth in the complaint or petition. The complainant or petitioner must offer evidence of its allegations regardless of whether the complaint or petition is answered or denied.(3-31-22)

03.Answers to Motions. Answers to motions may be filed by persons or parties who are the object of a motion or by parties opposing a motion. The person or party answering the motion should do so with all deliberate and reasonable speed. In no event is a party entitled to more than fourteen (14) days after a motion is served to answer a motion or to file a motion for additional time to answer. The Commission may act upon a motion under Rule 256.

IDAPA 31.01.01.058 Consent Agreements -- Defined -- Form and Contents (rule 58)

01.Definition of Consent Agreement.

Agreements between a regulated utility or carrier and the Commission Staff, a customer or another utility or regulated carrier in which one (1) or more parties agree prospectively to engage in certain conduct mandated by statute, rule, order, tariff, or other provision of law, or to refrain from engaging in certain conduct prohibited by statute, rule, order, tariff, or other provision of law, are called “consent agreements.” Consent agreements are intended to require compliance with existing law. Settlements of differing positions in ongoing cases under Rules 271 through 277 in the development of new rules, orders, tariffs, etc., are not consent agreements.(3-31-22)

02.Form and Content of Consent Agreement. Consent agreements must state:(3-31-22)

a.The parties to the agreement; and(3-31-22)

b.The conduct proscribed or prescribed by the consent agreement. In addition, consent agreements may provide;(3-31-22)

c.The consequences of failure to abide by the consent agreement;(3-31-22)

d.For payment of civil or administrative penalties authorized by law;(3-31-22)

e.For payment of reparations of overcharges authorized by law;(3-31-22)

f.For loss of rights, licenses, awards or authority;(3-31-22)

g.For consent to adjustment of rates, charges, certificates, permits, tariffs, or other action as authorized by law; or(3-31-22)

h.That parties waive all further procedural rights (including hearing, consultation with counsel, etc.) with regard to enforcing the consent agreement.(3-31-22)

IDAPA 31.01.01.059 (Reserved)

FILING, SERVICE, AMENDMENT AND WITHDRAWAL OF DOCUMENTS

(Rules 61- 70)

IDAPA 31.01.01.061 Filing Documents with the Commission -- Number of

COPIES -- DISCOVERY --

ELECTRONIC FILING (RULE 61).

The following numbers of documents shall be filed with the Commission Secretary:(3-31-22)

01.Printed Filings. When filing printed material:(3-31-22)

a.In utilities cases (other than those cases specified in Subsections 061.01.b. and 061.01.c. of this rule):(3-31-22)

i.Pleadings (applications, petitions, complaints, motions, answers and consent agreements)--an original (unbound and unstapled) and seven (7) copies.(3-31-22)

ii.Briefs, proposed orders, statements of position, and exceptions under Rule 312--an original (unbound and unstapled) and seven (7) copies.(3-31-22)

iii.Prepared testimony and exhibits--nine (9) copies (one (1) copy designated as reporter’s copy) plus CD-ROM as required by Rule 231.05.(3-31-22)

b.Security issuance cases:(3-31-22)

i.Pleadings--an original (unbound and unstapled) and four (4) copies.(3-31-22)

ii.Other documents except for discovery-related documents -- three (3) copies.(3-31-22)

c.Telecommunication interconnection agreements:(3-31-22)

i.Pleadings--an original (unbound and unstapled) and three (3) copies.(3-31-22)

ii.All other documents -- two (2) copies.(3-31-22)

02.Filing Discovery. Discovery-related documents shall be filed in printed or electronic format.

a.If printed filing -- three (3) copies to the Commission Secretary.(3-31-22)

03.Electronic Filings. Subject to Rules 61.04, all fillings may be filed electronically with the Commission Secretary as an attachment to an e-mail or on a CD-ROM. The electronic document shall be in a computer searchable form of Adobe Acrobat (PDF) without password protection.(3-31-22)

04.Commission Secretary’s Authority to Require Printed Filings. The Commission Secretary is authorized to require an electronic filing be also filed in printed form. The Commission Secretary may specify the number of printed copies.(3-31-22)

IDAPA 31.01.01.062 Form of Documents (rule 62)

01.Format.

All documents listed in Rule 61 submitted by a party and intended to be part of the record must:(3-31-22)

a.Be submitted on white eight and one-half inch by eleven inch (8 1/2” by 11”) paper copied on either one (1) side or both sides (duplexed);(3-31-22)

b.State the case caption, case number and title of the document;(3-31-22)

c.Include on the upper left corner of the first page:(3-31-22)

i.The name(s);(3-31-22)

ii.Mailing, street and email address(es); and(3-31-22)

iii.Telephone number(s) of the person(s) filing the document or the person(s) to whom questions about the document can be directed; and(3-31-22)

d.Have at least one-inch (1”) left and top margins.(3-31-22)

02.Example. These documents complying with this rule will be in the following form:

03.Party Identification. Every document filed under this rule must identify the party filing it in its title. The party must be identified by both the party’s designation as a party (e.g., intervenor) and the party’s name.

For example, the Intervenor ABC Company would title its motion to strike as “Motion to Strike of Intervenor ABC Company.” A short title of the document must appear at the bottom left corner of each page of the document. For example, the short title of the motion above could be: “ABC’s Motion to Strike.”(3-31-22)

04.Original Documents. All original documents filed with the Commission Secretary shall be unbound and unstapled. Printed copies of original documents may be bound or stapled.(3-31-22)

IDAPA 31.01.01.063 Service on Parties and Other Persons (rule 63)

01.Generally.

All documents referred to in Rule 61 (except as noted below) must be served upon the representatives of every party of record concurrently with filing with the Commission Secretary. When a document has been filed with the Commission Secretary by email, it must be served upon all other parties or by email. For parties without email capability, service shall be made by overnight mail, hand delivery, or the next best available service if these services are not available. The Commission may direct that some or all of these documents be served on interested or affected persons who are not parties. The Commission Secretary’s notice of parties (and revisions to it) will list all persons whom the parties must serve and their representatives as of the date of the notice or its revision.

02.Service of Discovery. The service of discovery documents on parties shall be accomplished by email (as attachments to email). For parties without email capability, service shall be made by overnight mail, hand delivery, or the next best available service if these services are not available. See Rule 229.(3-31-22)

IDAPA 31.01.01.064 Proof of Service (rule 64)

Every document that is filed with the Commission and intended to be part of the record for decision must be attached to or accompanied by proof of service by the following or similar certificate:(3-31-22)

I HEREBY CERTIFY (swear or affirm) that I have this day of, served the foregoing (name(s) of document(s)) upon all parties of record in this proceeding, (by delivering a copy of it in person: (list names)) (by mailing a copy of it, properly addressed with postage prepaid, to: (list names)).

(Signature)

Each certificate of service must list the names and addresses of each person served.(3-31-22)

IDAPA 31.01.01.065 Defective, Insufficient or Late Pleadings (rule 65)

Defective, insufficient or late pleadings may be returned or dis missed, except that applications under Rule 121 cannot be dismissed during the period of suspension of rates under Rule 123, but can only be returned for correction once the Name of Representative (State Bar No. if applicable)

Mailing Address of Representative Street Address of Representative (if different)

Telephone Number of Representative E-mail address (if available)

Attorney/Representative (for Name of Party)

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

(Title of Proceeding)

)CASE NO. ABC-X-XX-XX

)TITLE OF DOCUMENT suspension period has begun.(3-31-22)

IDAPA 31.01.01.066 Amendments to Pleadings (rule 66)

The Commission may allow any pleading to be amended or corrected or any omi ssion to be supplied. Pleadings will be liberally construed, and defects that do not affect parties’ substantial rights will be disregarded.(3-31-22)

IDAPA 31.01.01.067 Information Exempt from Public Review -- Definitions -- Form --

PROCEDURES (RULE 67).

01.Definitions. a.“Trade secrets” filed with the Commission are exempt from public inspection, examination, and copying under Section 74-107(1), Idaho Code. Trade secrets means information, including a formula, pattern, compilation, program, computer program, device, method, technique, process, or unpublished or in progress research that:(3-31-22)

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(3-31-22)

ii.Is the subject of reasonable efforts to maintain its secrecy.(3-31-22) b.“Confidential information” means information, documents, or records filed with the Commission that are specifically exempt from public inspection, examination and copying under Sections 74-104 through 74-109, Idaho Code.(3-31-22)

02.Form. In addition to the requirements of Rule 62 (except Subsection 062.01.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 who have entered into a protective agreement under Subsection 067.04 in either printed or electronic format.(3-31-22)

a.If in printed form, the page(s) containing the trade secret or confidential information shall be reproduced on yellow paper. Each page shall be marked as “TRADE SECRETS” or “CONFIDENTIAL.” See Rule 61 for the number of printed copies.(3-31-22)

b.If in electronic form, the trade secret or confidential information shall be reproduced separately on a CD-ROM or other electronic storage format approved by the Commission Secretary; and not included with other material electronically filed. Each CD-ROM or other storage device 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.”(3-31-22)

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 shall be separately stored in a secured location with limited access and safeguarded from unauthorized disclosure. (3-31-22)

04.Protective Agreements. In proceedings before the Commission involving trade secrets or other confiden tial 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.(3-31-22)

IDAPA 31.01.01.068 Withdrawal of Pleadings (rule 68)

A party desiring to withdraw a pleading must file a notice of withdrawa l of the pleading with the Commission and serve all parties with it. Unless otherwise ordered by the Commission, the notice is effective fourteen (14) days after filing.(3-31-22)

IDAPA 31.01.01.069 (Reserved)

INTERVENTION – PUBLIC WITNESSES

(Rules 71- 80)

IDAPA 31.01.01.071 Petitions to Intervene Required (rule 71)

Persons not original parties to a proceeding who claim a direct and substantial interest in the proceeding may petition to intervene as a party. A person cannot become an intervenor without filing a petition to intervene.(3-31-22)

IDAPA 31.01.01.072 Form and Contents of Petitions

TO INTERVENE (RULE 72).

Petitions to intervene must comply with Rules 41, 61, and 62. The petition must (a) state the petitioner’s name and address (b) clearly and concisely state the petitioner’s direct and substantial interest in the proceeding and (c) state that allowing the petitioner to intervene would not unduly broaden the issues. If affirmative relief is sought, the petition must state the relief sought and the basis for granting it. Petitions for intervenor funding should be made in a separate document from the petition to intervene.(3-31-22)

IDAPA 31.01.01.073 Timely Filing of Petitions to Intervene (rule 73)

Unless otherwise provided by Commission notice or order, petitions to intervene must be filed at least fourteen (14) days befo re (1) the deadline for filing initial comments, if the case is being processed by modified procedure under Rules 201-204; or (2) the earlier of the dates set for the technical hearing or prehearing conference in cases in which a technical hearing is scheduled to occur. Petitions not timely filed must state a substantial reason for delay. The Commission may deny or conditionally grant untimely petitions for failure to state good cause for untimely filing, to prevent disruption, prejudice to existing parties or unduly broadening the issues, or for other reasons. If the Commission grants an untimely petition, then the petitioner is bound by the prior orders and notices in the proceeding.(3-31-22)

IDAPA 31.01.01.074 Granting Petitions to Intervene (rule 74)

If a petition to intervene shows direct and substantial interest in any part of the subject matter of a proceeding and does not unduly broaden the issues, the Commission or the presiding officer will grant intervention, subject to reasonable conditions. If it later appears that an intervenor has no direct or substantial interest in the proceeding, or that the intervention is not in the public interest, the Commission may dismiss the intervenor from the proceeding.

IDAPA 31.01.01.075 Orders Granting Intervention -- Opposition (rule 75)

No order granting a petition to intervene will be acted upon fewer than seven (7) days after its filing, except in a heari ng in which any party may be heard. Any party opposing a petition to intervene must do so by motion in opposition filed within seven (7) days after receipt of the petition to intervene and served upon all parties of record and upon the person petitioning to intervene.(3-31-22)

IDAPA 31.01.01.076 Public Witnesses (rule 76)

“Public witnesses” are persons not parties and n ot called by a party to testify at a hearing 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.(3-31-22)

IDAPA 31.01.01.077 (Reserved)

PART 2 – SPECIFIC REQUIREMENTS OF CERTAIN FILINGS – RELATED RULES

(Rules 101-200)

PETITION

S FOR DECLARATORY ORDERS

(Rules 101-110)

IDAPA 31.01.01.101 Form and Contents of Petition for Declaratory Orders (rule 101)

01.Form of Petition.

Any person petitioning for a declaratory ruling must substantially follow this form.(3-31-22)

02.Contents of Petition. The petition shall:(3-31-22)

a.Identify the petitioner and state the petitioner’s interest in the matter,(3-31-22)

b.State the declaratory ruling that the petitioner seeks, and(3-31-22)

c.Indicate the statute, order, rule, or other controlling law, and the factual allegations upon which the petitioner relies to support the petition. Legal assertions in these paragraphs may be accompanied by citations of cases and/or statutory provisions.(3-31-22)

IDAPA 31.01.01.102 Notice of Petition for Declaratory Orders (rule 102)

Notice of petition for declaratory ruling wil l be issued to all affected utilities. Orders disposing of the petition will be served on all affected utilities.(3-31-22)

IDAPA 31.01.01.103 (Reserved)

APPLICATIONS FOR CERTIFICATES OF CONVENIENCE AND NECESSITY

(Rules 1 11-120)

IDAPA 31.01.01.111 Form and Contents -- New Utility (rule 111)

Applicants for a certificate of convenience and necessity for a new utility under Section 61-526, Idaho Code, or Com mission order, must submit the data required by this rule (where relevant) with their applications.(3-31-22)

01.Name, Address and Form of Business.(3-31-22)

a.If the applicant is a sole proprietor, the applicant’s personal name and any assumed business name,

i.Business address (street and mailing), and email address (if available)(3-31-22)

b.If the applicant is a partnership:(3-31-22)

i.The partner’s names, business addresses (street and mailing), and email addresses (if available); and(3-31-22)

ii.The partnership’s business name (including assumed business name).(3-31-22)

c.If the applicant is a corporation or limited liability company (LLC):(3-31-22)

i.A short statement of the character of public service in which the entity may engage;(3-31-22)

ii.The entity’s name (including any assumed business name) and state in which it is incorporated or organized;(3-31-22)

iii.The street and mailing address of the entity’s principal, office and of its principal office in Idaho, and email address (if available);(3-31-22)

iv.A certified copy of the entity’s articles of incorporation or certificate of organization if an LLC; and

v.If not incorporated or organized in Idaho, a certificate of authority from the Idaho Secretary of State, a certificate of good standing issued by the secretary of state of the state in which the entity is incorporated or organized, and the name and street address of the entity’s registered agent for service in Idaho.(3-31-22)

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.(3-31-22)

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.(3-31-22)

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.(3-31-22)

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.(3-31-22)

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.(3-31-22)

07.Financial Statement. A financial statement of the applicant.(3-31-22)

IDAPA 31.01.01.112 Form and Contents -- Existing Utility (rule 112)

Existing utilities applying for the issuance or amendme nt of a certificate of convenience and necessity under Section 61-526, Idaho Code, must submit the following data (where relevant):(3-31-22)

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.(3-31-22)

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.(3-31-22)

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.(3-31-22)

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.(3-31-22)

IDAPA 31.01.01.113 Notice of Application -- Orders (rule 113)

Notice of application for a certificate of convenience and necessity will be issued to all interested persons (see rule 39.02) 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.(3-31-22)

IDAPA 31.01.01.114 Application for New Competitive Local Exchange Carrier (clec) – Form

AND CONTENT (RULE 114).

The Commission issues Certificates of Public Convenience and Necessity to competitive local exchange carriers (CLECs) seeking to provide local exchange services in Idaho. The Commission uses certification to register and review applications to provide local telecommunications services. See Commission Order No. 26665. Each CLEC application shall include the following information:(3-31-22)

01.Name, Address and Form of Business.(3-31-22)

a.If the applicant is a sole proprietor, the applicant’s personal name and any assumed business name and business address (street and mailing) and email address (if available).(3-31-22)

b.If the applicant is a partnership:(3-31-22)

i.Provide a list of the partners’ names, and business addresses (street and mailing) of all the partners, and email addresses (if available); and(3-31-22)

ii.The partnership’s business name (including any assumed business name). (3-31-22)

c.If the applicant is a corporation or limited liability company (LLC):(3-31-22)

i.A short statement of the character of public service in which the entity is engaged;(3-31-22)

ii.The entity’s name (including any assumed business name) and the state in which it is incorporated or organized;(3-31-22)

iii.The street and mailing addresses of the entity’s principal office and of its principal office in Idaho, and email address (if available);(3-31-22)

iv.A certified copy of the entity’s articles of incorporation or certificate of organization if an LLC;

v.The names, titles, and addresses of the entity’s officers and directors if the entity is a corporation, or of at least one (1) governor if the entity is an LLC (i.e. a manager of a manager-managed LLC or a member of a member-managed LLC);(3-31-22)

vi.The names and addresses of subsidiaries the entity owns or controls;

vii.If not incorporated or organized in Idaho, a certificate of authority from the Idaho Secretary of State, a certificate of good standing issued by the secretary of state in the state the entity is incorporated or organized, and the name and street address of the entity’s registered agent for service in Idaho; and(3-31-22) viii.The name and address of any corporation, association, or similar organization holding a five percent (5%) or greater ownership interest or a managerial interest in it, and the amount and nature of the ownership interest, and nature of the management interest. Include a copy of any management agreement with the application.

02.Services and Territory.(3-31-22)

a.A description of customer classes and customer services that the applicant proposes to offer to the public. The application shall indicate the date on which the applicant proposes to begin construction or anticipates it will begin to provide service in Idaho.(3-31-22)

b.A description sufficient to determine whether service is to be offered in a particular location and the names of incumbent local exchange corporations (ILECs) with whom the proposed utility is likely to compete. The application shall also describe the intended manner of service, e.g., resold services or facilities-based services; and a general description of the property owned or controlled by applicant.(3-31-22)

c.A reasonably sized and detailed map showing where the applicant proposes to provide service including exchanges (if different from existing exchanges), rural zones, and local calling areas. If the service area is identical to an incumbent LEC’s service area, then applicant may refer to the incumbent’s service area.(3-31-22)

03.Financial Information.(3-31-22)

a.The current detailed balance sheets, including detailed income and profit and loss statements of applicant reflecting current and prior year balance for the twelve (12) months ending as of the date of the balance sheet, or if not readily available, for the period since the close of the preceding calendar year. If a balance sheet and income statement are not available, the applicant shall submit financial data sufficient to establish it possesses adequate financial resources to provide the proposed services.(3-31-22)

b.The latest annual report, if any.(3-31-22)

04.Tariffs and Price Lists. Proposed initial tariffs or price sheets setting forth rates, rules, terms, and regulations applicable to the contemplated service. Initial tariffs and price lists filings shall be in an electronic form as well as paper. The tariffs and price lists in electronic format will be in computer searchable Adobe Acrobat (PDF), or submitted on a CD-ROM or other format as prescribed by the Commission Secretary.(3-31-22)

05.Tariff and Customer Contact. The name, address, and telephone number for those persons responsible for tariff and price list questions, as well as customer complaints and inquiries. The application shall state the toll-free telephone number for customer inquiries and complaints.(3-31-22)

06.Interconnection Agreements. Whether the applicant has initiated interconnection negotiations and, if so, when and with whom. Include copies of any interconnection contracts which have been completed for the provision of telecommunication services.(3-31-22)

07.Compliance with Commission Rules. A written statement that the applicant has reviewed the Commission’s rules and will comply, or request for waiver of those rules believed to be inapplicable, or both.

08.Conservation of Telephone Numbers. An acknowledgment that non-paging telecommunications carriers with telephone numbering resources in Idaho shall be subject to numbering conservation measures including mandatory one thousand (1,000) block pooling. See Commission Order No. 30425. All CLECs shall evaluate their numbering resources and donate to the numbering resource pool unused one thousand (1,000) number blocks and one thousand (1,000) number blocks that have fewer than ten percent (10%) of the telephone numbers assigned.

Applicable carriers shall also file the necessary utilization reports with NeuStar and semi-annual report their number resource utilization/forecast (NRUF) data at the one thousand (1,000) block level for each rate center within their service territory. The Federal Communications Commission has appointed NeuStar to manage the assignment and conservation of telephone area codes and telephone numbers in North America.(3-31-22)

IDAPA 31.01.01.115 (Reserved)

APPLICATIONS TO CHANGE RA

TES OR RULES

(Rules 121-130)

IDAPA 31.01.01.121 Form and Contents of Application to Change Rates (rule 121)

01.Utility Applications to Change Rates. Applications by any public utility to 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:(3-31-22)

a.An exhibit fully showing 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 using another designation previously approved by the Commission that clearly calls attention to all proposed changes in numbers or wording.

b.A complete justification of the proposed increase in the form of testimony and exhibits or a narrative exposition.(3-31-22)

c.A statement showing how and when the application has been or will be brought to the attention of affected customers and a copy of the press release and customer notice required by Rule 125.(3-31-22)

d.A statement that the applicant stands ready for immediate consideration of the application.

e.Testimony and exhibits showing financial statements, cost of capital and appropriate cost of service studies.(3-31-22)

f.Workpapers or documentation showing how test year data were adjusted.(3-31-22)

g.If the applicant provides utility service in states besides Idaho or that is 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 (a) the models’ documentation on file in the applicant’s office or another depository fully describes the models or (b) necessary updates or additions to prior documentation that will fully describe the models is on file and will be supplied on request.(3-31-22)

03.Grounds for Returning or Dismissing Application. Failure to comply with Rule 121.01 and 121.02 is grounds to return or dismiss an application under Rule 65.(3-31-22)

IDAPA 31.01.01.122 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 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 the notice the notice will be deemed withdrawn unless the utility files a written statement that the utility still intends to file a general rate case of the kind described in the notice.

02.Exceptions for Trackers or Annual Cost Adjustments. Rule 122 applies only to general rate increases. Examples of cases outside the scope of Rule 122 include (but are not limited to) fuel cost adjustments (e.g., PGA), 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.(3-31-22)

IDAPA 31.01.01.123 Proposed Changes to Rates or Rules --

EFFECTIVE DATE -- NOTICE OF

APPLICATION -- SUSPENSION (RULE 123).

01.Statutory Notice of Rate Changes. If a public utility applies 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, on fewer than thirty (30) days after the application is filed, the proposed effective date is delayed until thirty (30) days after the application is filed by operation of Section 61-307, Idaho Code, unless the Commission approves an earlier effective date for good cause shown. Absent an order approving or suspending any or all of the proposed changes, the changes not suspended or approved take 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 take effect until approved by order.(3-31-22)

02.Notice of Application. Within 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 should issue a notice of application to all interested persons (see Rule 39.02), unless notice is issued under modified procedure or the application is earlier approved or described by order.(3-31-22)

03.Suspension of Proposed Rate Changes. At any time before proposed changes take effect under Sections 61-307, Idaho Code and Rule 123.01 of this rule, the Commission may suspend the effectiveness of the changes under Sections 61-622, Idaho Code. 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.(3-31-22)

IDAPA 31.01.01.124 Designation as General Rate Case in Notice of Application (rule 124)

When a notice of application designates a proceeding as a general rate case, all persons are put on notice that the following are at issue and the Commission may make decisions addressing them, whether the notice explicitly repeats the following or not:(3-31-22)

01.Revenue Requirement. The utility’s Idaho intrastate revenue requirement, and every component of it, both rate base and expense, are at issue. The Commission may grant, deny, or modify the revenue requirement requested and may find a revenue requirement different from that proposed by any party is just, fair and reasonable.

02.Rates, Charges, and Service. The rates and charges of all Idaho retail customers, both recurring and non-recurring, including those of special contract customers, are at issue, and every component of every existing and proposed rate and charge is at issue. The Commission may approve, reject or modify the rates and charges proposed and may find that rates and charges different from those proposed by any party are just, fair and reasonable.

a.The Commission may approve, reject or modify existing or proposed relationships between and among rates and charges within, between or among customer classes or rate groupings and may approve, reject or modify existing or proposed relationships among and between customer classes or rate groupings.(3-31-22)

b.The Commission may abolish, reduce or create rate blocks or categories of rates and charges, abolish, create or reduce components of rates and charges, abolish, reduce or create customer classes or rate groupings, and abolish, reduce or create absolute or relative differences among and between existing classes or rate groupings of customers.(3-31-22)

c.The tariffs, practices, rules and regulations, service, instrumentalities, equipment, facilities, classifications, and customer relations of the utility are at issue, and the Commission may address any of them in its

IDAPA 31.01.01.125 Notices to Customers of Proposed Changes

IN RATES (RULE 125).

01.Contents of Customer Notice.

A public utility must notify its customers whenever it requests to change rates.(3-31-22)

a.If a utility requests a rate increase, the customer notice must briefly explain the utility’s need for additional revenue and the dollar amount requested, and give the proposed overall percentage change from current rates as well as the proposed percentage increase in revenue for each major customer class.(3-31-22)

b.If the utility requests a rate decrease, customer notice must briefly explain the reason for the decrease, the overall dollar amount of the proposed decrease, and the proposed percentage decrease for each major customer class.(3-31-22)

c.The customer notice must clarify that the application is a proposal, subject to public review and a Commission decision. It shall also inform customers that a copy of the utility’s application is available for public review at the offices of both the Commission and the utility, and on the Commission’s homepage at www.puc.idaho.gov.(3-31-22)

d.The customer notice shall inform customers that they may file written comments about the utility’s application with the Commission. It shall also inform customers that they may subscribe to the Commission’s RSS feed (Subsection 039.03) for periodic updates via email.(3-31-22)

02.Timing of Notice for Trackers or Annual Cost Adjustments. Tracker adjustment prompted by federal action that result in rate change may be brought to customers’ attention in compliance with this rule after approval by the Commission. Other tracker or annual cost adjustment cases that result in a rate increase remain subject to this rule’s advance notice requirements. Other tracker or annual cost adjustment cases that result in a rate decrease in rates may be brought to customers’ attention in compliance with this rule after being approved by the Commission.(3-31-22)

03.Timely Distribution of Customer Notices. The customer notices referenced in Subsection 125.01 may be mailed separately to customers or included in the customer’s regular bill as a bill stuffer. At the customer’s option, the customer notice may be provided electronically. The information required by this rule must be clearly identified, easily understood, and pertain to the proposed rate change. The utility must start distributing customer notices when it files its application or as soon as possible thereafter.(3-31-22)

04.Press Release. In instances covered by Subsection 125.01, the utility shall also send a press release with at least the same information presented in the customer notices to all newspapers, radio, and television stations listed on the Commission’s news organization list for that utility. The press releases shall be mailed or delivered simultaneously with filing of the application.(3-31-22)

05.Purposes and Effects of This Rule. Subsections 125.01 through 125.04 are intended to encourage wide dissemination to customers of information concerning proposed rate changes. These subsections do not expand, contract, or otherwise modify customers notice and due process rights under the Public Utilities Law and the Commission’s Rules of Procedure, IDAPA 31.01.01. Accordingly, Subsections 125.01 through 125.05 create no due process or procedural rights for any customer that would give rise to a due process or other procedural claim cognizable by the Commission. A public utility’s failure to comply with Subsections 125.01 through 125.05 of this rule can be grounds for returning an application for incompleteness.(3-31-22)

IDAPA 31.01.01.126 Application to Approve Interconnection Agreements (rule 126)

01.Uncontested Agreements.

A telephone corporation may apply to the Commission to approve voluntarily negotiated, adopted or amended interconnection agreements under Section 252 of the federal Telecommunications Act of 1996, http://www.fcc.gov/telecom.html. The Commission may act on adopted or negotiated interconnection agreements and uncontested amendments to previously approved agreements with the assistance of Commission Staff’s ex parte recommendation.

02.Contested Agreements. Petitions to arbitrate, mediate or otherwise resolve interconnection disputes between or among telecommunication carriers shall be processed under Rule 53.(3-31-22)

IDAPA 31.01.01.127 Public Workshops on Applications

TO INCREASE RATES (RULE 127).

01.Public Workshop.

When a public utility applies to increase any rate, fare, toll, rental or charge regarding any classification or service, the Commission will determine if the staff should conduct a public workshop.

The workshop’s purpose is for the staff to dispense information concerning the utility’s application and to receive written or oral comments from the public before the staff files testimony or comments.(3-31-22)

02.Notice and Location of Workshop. Notice of the public workshop should be disseminated at least seven (7) days before the workshop to newspapers of general circulation and radio and television stations in the affected area. The Commission shall determine the location for the workshop. A workshop may be held in-person or telephonically. The notice shall also be posted on the Commission’s website.(3-31-22)

03.Exemptions. Subsection 127.01 shall not apply to applications regarding uniform statewide surcharges under Sections 56-904, 62-610 and 62-610F, Idaho Code, or to utility tariff advices.(3-31-22)

IDAPA 31.01.01.128 (Reserved)

TARIFF SCHEDULES es 131-140)

IDAPA 31.01.01.131 Form of Tariffs (rule 131)

Utility tariff schedules must state “Idaho Public Utilities Commission” on their title page. A blank space about three by on e 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.(3-31-22)

IDAPA 31.01.01.132 Number of Tariff Copies Filed (rule 132)

The Commission encourages public utilities to file th eir tariff schedules via electronic mail.(3-31-22)

01.Electronic Tariffs. For electronically filed tariffs, each utility shall submit its tariff schedules prepared in searchable Adobe Acrobat in portable document format (PDF) as an attachment to an e-mail, to the Commission Secretary at secretary@puc.idaho.gov. Electronic tariff schedules may also be submitted as PDF documents on CD-ROM or other electronic storage format approved by the Commission Secretary.(3-31-22)

02.Printed Tariffs. To file printed tariffs, each utility shall file an original and two (2) copies of their tariff schedules with the Commission Secretary.(3-31-22)

03.Approval. The Commission will stamp its approval on each copy of an approved tariff, placing the original in its files and returning one (1) copy to the public utility.(3-31-22)

IDAPA 31.01.01.133 Tariffs Submitted Pursuant

TO ORDER (RULE 133).

01.Order May Require Tariff Submission.

When the Commission orders that tariffs be filed, the order may require the tariff to be accompanied by explanatory documents, summaries, workpapers, or similar material. When the Commission authorizes a utility to file new tariffs pursuant to a general rate case order, the Commission may require the utility to file a complete tariff set containing pages with and without changed rates and charges.(3-31-22)

02.Staff Review of Tariffs Filed Pursuant to Order. When a utility files tariffs with the Commission pursuant to an order of the Commission in a proceeding in which other persons are party, the responsibility for reviewing the tariff submission to determine whether it complies with the Commission’s order is upon the Commission Staff, which shall promptly report to the Commission whether the tariffs do comply. The review of tariffs filed pursuant to order is an ex parte, ministerial responsibility of the Commission Staff. Tariffs may be approved in the minutes of the Commission’s decision meetings or by minute entry after Staff review without further

03.Motions With Regard to Tariffs Submitted Pursuant to Order. If the Commission has approved tariffs, parties or persons contending that approved tariffs are inconsistent with the Commission’s orders may file appropriate motions asking that approval be reviewed.(3-31-22)

IDAPA 31.01.01.134 Tariff Advices (rule 134)

01.Tariff Advices Authorized. Publ ic utilities may file tariffs adding new or modifying existing services, providing for new or modified rules, or otherwise making minor changes to existing schedules by tariff advice. The tariff advice must include a transmittal letter from the utility listing all tariff pages changed or added by the tariff advice and briefly stating the reason for the tariff advice. If existing tariffs are changed, the advice must contain two (2) copies of each changed page: one (1) showing all the changes with appropriate symbols for deletions, additions, etc., and one (1) showing the pages after the changes as they will appear in the proposed new tariffs.

02.Filing of Tariff Advice. No tariff advice can be effective unless notice is given to the Commission and the public under Sections 61-307 and 61-622, Idaho Code. Tariff advices typically do not take effect on less than thirty (30) day notice. If the tariff advice proposes an effective date fewer than thirty (30) days after it is filed, the proposed effective date is delayed until thirty (30) days after the tariff advice is filed by operation of Sections 61-307 and 61-622, Idaho Code, unless the Commission finds good cause to approve an earlier effective date. Absent an order approving or suspending the tariff advice, the tariff advice takes effect thirty (30) days after filing or on the proposed effective date, whichever is later. If no effective date is proposed for the tariff advice, the tariff advice does not take effect until approved by order or minute entry. If a tariff advice is suspended, the Commission will open a formal proceeding and treat the tariff advice as an application.(3-31-22)

03.Ex Parte Action. Ordinarily, the Commission acts upon tariff advices with the assistance of a written ex parte recommendation of the Commission Staff. The Commission acts upon tariff advices at its open meetings. If Staff believes the tariff advice proposes non-minor changes, then Staff should recommend the Commission process the tariff advice as an application, suspending the proposed effective date as needed. (3-31-22)

IDAPA 31.01.01.135 (Reserved)

APPLICATIONS TO ISSUE SECURITIES es 141-150)

IDAPA 31.01.01.141 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 Sect ions 61-901 through 61-904, Idaho Code, must submit an application with the following information: (3-31-22)

01.Description. A general description of the applicant’s field of operations.(3-31-22)

02.A Full Description of the Securities. Including the proposed:(3-31-22)

a.Amount;(3-31-22)

b.Interest or dividend rates;(3-31-22)

c.Date of issue (or statement that the securities will be a shelf registration);(3-31-22)

d.Date of maturity;(3-31-22)

e.Voting privileges;(3-31-22)

f.Call or redemption provisions; and(3-31-22)

g.Sinking fund or other provisions for securing payment.(3-31-22)

03.A Statement of the Proposed.(3-31-22)

a.Method of marketing;(3-31-22)

b.Terms of sale;(3-31-22)

c.Underwriting discounts or commissions;(3-31-22)

d.Sale price; and(3-31-22)

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.(3-31-22)

04.A Statement of the Purposes. Statement of the purposes for which the proceeds from the securities will be used, including:(3-31-22)

a.A description of the property to be acquired or constructed and a statement of its cost or value (estimated if not known);(3-31-22)

b.A description of obligations to be refunded or expenditures for which reimbursement is intended; or(3-31-22)

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.(3-31-22)

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.(3-31-22)

07.Proposed Order. A proposed order granting the application, captioned proposed order of applicant, suitable for adoption by reference if the application is granted.(3-31-22)

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.(3-31-22)

IDAPA 31.01.01.142 Applications Filed with Other Agency (rule 142)

If the applicant files a similar application with any federal or other state agency , it may file a copy of the federal or other state application in lieu of the application required by this rule. The Commission may require the applicant to furnish further necessary information.(3-31-22)

IDAPA 31.01.01.143 Reports (rule 143)

When the information becomes available, the applicant must file with the Commission a verified report or a copy of a verified report filed with another regulatory agency showing the amount realized by the applicant, including the itemized costs and expenses incurred in connection with the transaction.(3-31-22)

IDAPA 31.01.01.144 Hearing -- Modified Procedure -- Su

MMARY ACTION (RULE 144).

The Commission may consider applications to issue securities without hearing, place the matter on modified procedure, or set the matter for formal hearing.(3-31-22)

IDAPA 31.01.01.145 Requests for Expeditious Action (rule 145)

If a pleading requests the Commissio n to issue a securities order 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 an Order approving issuance of these securities on or before (date).

IDAPA 31.01.01.146 Fees Must Be Paid Before Order Issued (rule 146)

No orders authorizing security issuances will be issued un til fees required by Section 61-905, Idaho Code, are paid.

IDAPA 31.01.01.147 Exemption (rule 147)

Under Section 61-909, Idaho Code, the Commission may, by order, exempt any security or a class of security or a class of p ublic utility from Sections 61-902 through 61-905, Idaho Code, if it finds the public interest will not be adversely affected. See Commission Order No. 26959.(3-31-22)

IDAPA 31.01.01.148 (Reserved)

CABLE POLE ATTACHMENTS es 151-160)

IDAPA 31.01.01.151 Timetable for Decision -- Cable Pole

ATTACHMENT PROCEEDINGS (RULE 151).

Whenever a public utility, as defined in Section 61-538, Idah o Code, and a cable television company, as defined in Section 61-538, Idaho Code, are unable to agree upon the rates, terms, or conditions for pole attachments or the terms, conditions, or cost of production of space needed for pole attachments, and either the public utility or the cable television company files an application, complaint, or petition asking the Commission to establish and regulate rates, terms, or conditions, the Commission shall decide the case within thirty (30) days; provided, the Commission shall have the right, upon reasonable notice, to enter upon a hearing concerning the propriety of such proposed rate, term, or condition and to extend its period for considering the application, complaint, or petition an additional thirty (30) days plus five (5) months and, for good cause shown on the record, an additional sixty (60) days.(3-31-22)

IDAPA 31.01.01.152 Rules of Procedure to Be Used (rule 152)

These Rules of Procedure apply to all proceedings concerning the rates, terms, or conditions for cable pole attachments, provided, that any such proceeding, whether denominated an application, complaint or petition, shall be processed according to the timetable of Rule 151.(3-31-22)

IDAPA 31.01.01.153 (Reserved)

APPLICATIONS FOR INTERVENOR FUNDING es 161-170)

IDAPA 31.01.01.161 Cases in Which Intervenors May

APPLY FOR FUNDING (RULE 161).

In any case involving regulated electric, gas, water or telephone utilities with gross Idaho intrastate annual revenues exceeding three million five hundred thousand dollars ($3,500,000), intervenors may apply for intervenor funding.

IDAPA 31.01.01.162 Form and Contents of Petition for Intervenor Funding (rule 162)

A petition for intervenor funding must contain the following:(3-31-22) 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.(3-31-22)

02.Statement of Proposed Findings. A statement of the intervenor’s proposed finding or recommendation that the intervenor wishes the Commission to adopt.(3-31-22)

03.Statement Showing Costs. A statement showing that the intervenor’s listed expenses are reasonable.(3-31-22)

04.Explanation of Cost Statement. A statement explaining why the listed expenses would constitute a significant financial hardship for the intervenor.(3-31-22)

05.Statement of Difference. A statement showing how the intervenor’s recommendation or position in the case differed materially from that of Commission Staff.(3-31-22)

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(3-31-22)

07.Statement Identifying Customer Class. A statement identifying the customer class on whose behalf the intervenor appeared.(3-31-22)

IDAPA 31.01.01.163 Prohibition on Application by Competitor (rule 163)

No intervenor in direct competition with a public utility involved in a proceeding is entitled to intervenor funding for that proceeding.(3-31-22)

IDAPA 31.01.01.164 Time to Apply (rule 164)

Unless otherwise provided by order, an intervenor requesti ng intervenor funding must apply no later than fourteen (14) days after the last evidentiary hearing in a proceeding or the deadline for submitting briefs, proposed orders, or statements of position, whichever is last. Motions in opposition to intervenor funding must be filed within fourteen (14) days after the request for intervenor funding is filed.(3-31-22)

IDAPA 31.01.01.165 Awards (rule 165)

01.Order Awarding Intervenor Funding.

The Commission may by order award intervenor funding pursuant to Section 61-617A, Idaho Code.(3-31-22)

02.Payment of Awards. Awards of intervenor funding must be paid within twenty-eight (28) days of the order of the Commission awarding intervenor funding, unless the order of the Commission is stayed.(3-31-22)

03.Recovery of Awards of Intervenor Funding. Awards of intervenor funding paid by electric, gas, water or telephone utilities will be an allowable business expense in the pending rate case or, if the proceeding is not a rate case, in the utility’s next rate case. Awards of intervenor funding shall be chargeable to the class of customers represented by the intervenors.(3-31-22)

IDAPA 31.01.01.166 (Reserved)

PART 3 – POST-PLEADING PROCEDURE

(Rules 201-300)

MODIFIED

PROCEDURE

(Rules 201-210)

IDAPA 31.01.01.201 Scope of Modified

PROCEDURE (RULE 201).

The Commission may preliminarily find that the public interest may not require a technical hearing to consider the issues presented in a proceeding and that the proceeding may be processed under modified procedure, i.e., through written filings in which persons views are expressed through written comments rather than by hearing.(3-31-22)

IDAPA 31.01.01.202 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:(3-31-22)

a.Describe the issues presented in the proceeding;(3-31-22)

b.Summarize the moving party’s justification for the proposed changes and its position;(3-31-22)

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 comments specifically requesting a hearing and explaining why written comments alone are insufficient; and(3-31-22)

d.Establish the deadline for filing written protests or comments, and a reply by the moving party.

02.Distribution of Notice. Copies of the notice of modified procedure will be provided to all interested persons (see rule 390.02), 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.(3-31-22)

IDAPA 31.01.01.203 Comments (rule 203)

Any person affected by the moving party’s proposal may file a w ritten protest, support or comment Comments must state and explain the person’s position on the proposal. Persons desiring a hearing must specifically request a hearing in their written comments and explain why written comments alone are insufficient. A copy of the person’s comment must be served on the moving party’s representative.(3-31-22)

IDAPA 31.01.01.204 Action by Commission (rule 204)

If no comments are received within the deadline, the Commission may consider the matter and enter its order without a hearing. If comments or a reply are filed within the deadlines, the Commission will consider them and may set the matter for hearing or may decide the matter and issue its order based on the written submissions.(3-31-22)

IDAPA 31.01.01.205 (Reserved)

PREHEARING CONFERENCES

(Rules 21 1-220)

IDAPA 31.01.01.211 Purposes of Prehearing Conferences (rule 211)

The Commission may by order or notice issued to all parties and to all interested persons (see Rule 39) convene a prehearing conference to formulate or simplify the issues, obtaining concessions of fact or of document identification to avoid unnecessary proof, schedule discovery, arrange for the exchange of proposed exhibits or prepared testimony, limiting witnesses, schedule hearings, establish hearing procedure, discussing settlement offers or make settlement offers, and addressing other matters that may expedite orderly conduct and disposition of the proceeding. (3-31-22)

IDAPA 31.01.01.212 Notice of Prehearing Conferences (rule 212)

Notice of a prehearing conference’s place, date and hour will be serv ed at least fourteen (14) days before the time set for the conference, unless the Commission finds by order that the public necessity requires the conference to be held earlier. Prehearing conference notice must contain the same information as hearing notices with regard to the Americans with Disabilities Act. See Rule 242.(3-31-22)

IDAPA 31.01.01.213 Record of Conference (rule 213)

Prehearing conferences may be held formally (on the record) or i nformally (off the record) with or without a Commissioner or hearing examiner, according to order or notice. Agreements by the parties to the conference may be recorded by the reporter during formal conferences or may be reduced to writing and filed with the Commission Secretary after formal or informal conferences.(3-31-22)

IDAPA 31.01.01.214 Prehearing Conference Order (rule 214)

The Commission may issue a prehearing order or notice based upon the results of the agreements reached at a prehearing conference. The order or notice will bind all persons who could have participated in the prehearing conference, but did not, and all those who later file untimely interventions. A prehearing order will control the course of subsequent proceedings unless modified by the Commission for good cause.(3-31-22)

IDAPA 31.01.01.215 Conference Proceedings Privileged (rule 215)

Facts disclosed, offers made and all other aspects of negotiation (except agreements reached) in prehearing conferences are privileged and are not part of the record. Except by agreement, facts disclosed cannot be used against participating parties, before the Commission or elsewhere, unless proved by independent evidence. Offers made and other aspects of negotiations or settlement other than a final agreement itself are privileged.(3-31-22)

IDAPA 31.01.01.216 (Reserved)

DISCOVERY – RELATED PREHEARING PROCEDURE es 221-240)

IDAPA 31.01.01.221 Kinds and Scope of Discovery (rule 221)

The kinds of discovery recognized and authorized by these rule s are:(3-31-22)

01.Depositions.(3-31-22)

02.Production Requests or Written Interrogatories.(3-31-22)

03.Requests for Admission.(3-31-22)

04.Subpoenas.(3-31-22)

05.Statutory Examination and Audit. Unless otherwise provided by these rules, order, or notice, the scope and procedure of discovery, other than statutory examination and audit, is governed by the Idaho Rules of Civil Procedure. (See Idaho Rule of Civil Procedure 26(b)).(3-31-22)

IDAPA 31.01.01.222 Discovery Authorized (rule 222)

The Commission, individual Commissioners, and all parties to a proceeding have a right of discovery of all other parties to a proceeding. The Commission may by order authorize or compel necessary discovery not listed in these rules.(3-31-22)

IDAPA 31.01.01.223 Rights to Discovery Reciprocal (rule 223)

All parties to a proceeding and the Commission Staff have a right of discovery of all other parties to the proceeding and the Commission Staff according to these rules. The Commission may by order direct further discovery not provided by these rules.(3-31-22)

IDAPA 31.01.01.224 Depositions (rule 224)

Depositions may be taken in accordance with Section 61-605, Idaho Code, and the Idaho Rules of Civil Procedure for any purpose allowed by statute, Idaho Rule of Civil Procedure, rule of the Commission, order or notice. Depositions may be taken of expert witnesses notwithstanding contrary provisions of the Idaho Rules of Civil Procedure.

Depositions rather than production requests or written interrogatories should be used to obtain statements of opinion or policy not previously written or published. Unless otherwise provided by order or notice or agreed to by the deponent or the deponent’s attorney, notice of deposition must be given at least fourteen (14) days before deposition is taken.(3-31-22)

IDAPA 31.01.01.225 Production Requests or Written Interrogatories and Requests for

ADM ISSION (RULE 225).

01.When Requests May Be Used. Pro duction requests or written interrogatories and requests for admission may be taken in accordance with the Idaho Rules of Civil Procedure for any purpose allowed by statute, Idaho Rule of Civil Procedure, rule of the Commission, order or notice, except:(3-31-22)

a.Production requests or written interrogatories should not be used to obtain statements of opinion or policy not previously written or published and may be objected to on that ground; and(3-31-22)

b.Requests for admission concerning a matter of opinion or policy or the application of law, order or rule to fact may be denied generally and the reasons for denial required to be discovered by deposition rather than by request for admission, but a request for admission on any matter of opinion or policy or application of law to fact on an uncontested matter must be answered.(3-31-22)

02.Form of Requests. The caption of a production request or written interrogatory and of a request for admission must identify the party making the request or interrogatory, the party to whom the request or interrogatory is directed, and the number of the request or interrogatory to that party. Separate questions within a production request or written interrogatory or within a request for admission must be numbered consecutively within the request or interrogatory and consecutively with earlier production requests or written interrogatories and requests for admission, respectively, from the same party submitting the questions to the same party answering them. For example, if the last question of the Third Production Request of the Commission Staff to XYZ Electric Company is numbered 33, the first question of the Fourth Production Request of the Commission Staff to XYZ Electric Company must be numbered 34. But, if the Staff’s next production request is its first to intervenor ABC Company, that request must begin with question one (1) to that intervenor.(3-31-22)

03.Time for Objection and Answer. Unless otherwise provided by order, notice, or these rules, or by agreement with or acquiescence of the answering party, parties have fourteen (14) days to object or explain why a question cannot be answered and twenty-one (21) days to answer.(3-31-22)

04.Numbers of Requests. The number of production requests, interrogatories and requests for admission are not limited by the provisions of the Idaho Rules of Civil Procedure but may be limited by Commission

IDAPA 31.01.01.226 Subpoenas (rule 226)

01.Issuance of Subpoenas. Upo n a motion in writing, or upon a Commissioner’s own initiative without motion, any Commissioner may issue subpoenas requiring:(3-31-22)

a.The attendance of a witness from any place in Idaho;(3-31-22)

b.The production of documents from any place in Idaho; or(3-31-22)

c.The production of any books, accounts, papers or records of a utility or carrier kept within or without Idaho to any designated place of deposition, hearing or investigation for the purpose of taking testimony or examining documents before the Commission, a Commissioner or hearing examiner.(3-31-22)

02.Witness or Travel Fees. A party’s motion to issue a subpoena must be accompanied by a statement that the party will tender to the subpoenaed person all fees required by statute and rules if the subpoena is issued.

03.Motions to Quash. The Commission upon motion to quash made promptly, and in any event, before the time to comply with the subpoena, may:(3-31-22)

a.Quash the subpoena; or(3-31-22)

b.Condition denial of the motion to quash upon reasonable terms.(3-31-22)

IDAPA 31.01.01.227 Statutory Examination and Audit -- Contrasted with Other Discovery

(R ULE 227).

Statutory examination and audit refers to the right of the Commission, an individual Commissioner, or Commission Staf f to review and inspect the books, records and premises of regulated utilities and carriers pursuant to statute. This right of statutory examination and audit is independent of any right of discovery in formal proceedings and may be exercised whether or not a formal proceeding is ongoing or a regulated utility or carrier is party to a formal proceeding before the Commission. Information obtained from statutory examination and audit may be used in formal proceedings or for any other regulatory purpose. The rights of deposition, production request or written interrogatory, request for admission, and subpoenas can be used by parties only in connection with formal proceedings before the Commission.(3-31-22)

IDAPA 31.01.01.228 Answers to Production Requests or

WRITTEN INTERROGATORIES AND TO

REQUESTS FOR ADMISSION (RULE 228).

01.When Answers Not Filed. Answers to production requests or written interrogatories and to requests for admission need not be filed and served in the following circumstances:(3-31-22)

a.Voluminous answers may be filed in a depository designated and agreed to by the parties or designated by the Commission, and an explanation notifying the parties of the availability of the answers at the depository must be filed and served in their stead.(3-31-22)

b.Answers involving data compiled by computer may be transmitted in computer-readable form (e.g., by disk or other mutually agreed means) to the party requesting them and to all other parties requesting them in similar computer-readable forms and an explanation notifying the parties of their distribution must be filed and served in their stead.(3-31-22)

02.Filing of Answers. Except as provided in Rule 228.01, answers to production requests or written interrogatories and to requests for admission must restate in full each question asked, then state in full the party’s response to the question and the persons who will be able to answer questions about or sponsor the answer at hearing.

Answers to production requests or interrogatories need not be separately answered under oath by each person preparing the party’s response to the question or each witness who will be able to answer questions about or sponsor the answer, but instead can be generally subscribed by the party’s representative. The restatement of the question and its accompanying answer must begin on a new page whenever the preceding answer refers to other documents or whenever the preceding question in the particular production request or written interrogatory is not answered in full in that document.(3-31-22)

IDAPA 31.01.01.229 Filing and Service of Discovery and Related Documents (rule 229)

Deposition notices, production requests or written interro gatories, requests for admission, and corresponding answers, and objections must be filed with the Commission Secretary and served on all parties according to Rules 61, 62, 63, and 64.(3-31-22)

IDAPA 31.01.01.230 Exhibit Numbers -- Pre

PARED TESTIMONY AND EXHIBITS (RULE 230).

The Commission Secretary assigns exhibit numbers to each party. Applicants, petitioners, or complainants are assigned exhibit nos. 1-100. If the Commission is complainant, the Staff is assigned exhibit nos. 1-100. In all other cases, the Staff is assigned exhibit nos. 101-200. Respondents and intervenors are assigned exhibit nos. 201-300, 301- 400, etc., as they make their first pleading, but the lower series are reserved first for respondents, then for intervenors.

These assigned numbers should be used in all prepared testimony.(3-31-22)

IDAPA 31.01.01.231 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.(3-31-22)

02.Format for Prepared Testimony.(3-31-22)

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.).(3-31-22)

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).(3-31-22)

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 less than twenty-five (25) lines of double-spaced testimony or more than thirty (30) lines per page. Each page may be printed on the front and back (duplexed).(3-31-22)

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 doublespaced). 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.(3-31-22)

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.(3-31-22)

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:

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.(3-31-22)

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 under 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 (1) 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.(3-31-22)

05.Computer-Searchable Copies of Testimony. In addition to the paper copies of prepared testimony, the Commission Secretary may also require or the parties may agree that some or all of the prepared testimony to be submitted to the Secretary, parties and the reporter as computer searchable PDF without password protection.

IDAPA 31.01.01.232 Sanctions for Failure to Obey Order Compelling Discovery (rule 232)

The Commission may impose all sanctions recognized by the Public Utilities Law for failure to comply with an order compelling dis covery.(3-31-22)

IDAPA 31.01.01.233 Assertions That Discovered Ma

TERIAL IS PROTECTED FROM PUBLIC

INSPECTIONS -- PROCEDURES (RULE 233).

01.Assertion of Protection.

Whenever any party to a discovery request believes that material otherwise discoverable is protected by statute or rule of law from inspection, examination or copying by the general public, the attorney for the party 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. The attorney’s assertion constitutes a representation 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.(3-31-22)

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 yellow paper and separated from material available for public review. Each page of the material exempt from public review must be marked “Trade Secrets” 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. Material exempt from public review 5orAccountant, Di 5 Accountant, DiABC Company ABC Company shall be separately stored in a secure location with limited access and safeguarded from unauthorized disclosure. 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.(3-31-22)

IDAPA 31.01.01.234 Assertion of Right Against Self-Incrimination During Discovery --

IMMUNITY (RULE 234).

01.Assertion of Right. D uring discovery any person may assert the right not to testify or not to produce documents upon the ground that the testimony or production of documents may tend to incriminate or subject them to penalty or forfeiture.(3-31-22)

02.Granting of Immunity. The Commission or any Commissioner may direct that person to testify or produce documents by written order or upon the record at hearing. In such case, that person shall not be prosecuted, punished or subjected to any forfeiture or penalty for or on account of any act, transaction, matter or thing concerning which they shall under oath have testified or produced documentary evidence: provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed in that testimony.(3-31-22)

03.No Immunity Without Assertion of Right. No immunity is granted under this rule or under Section 61-606, Idaho Code, absent of a specific assertion of the persons’ rights under Section 61-606, Idaho Code, and the Commission’s or a Commissioner’s written order or direction on the record at hearing compelling the person to testify or produce written documents and immunizing the person from prosecution, punishment, forfeiture or penalty according to this rule and Section 61-606, Idaho Code. No immunity granted under this rule or Section 61- 606, Idaho Code, shall extend to any public utility.(3-31-22)

IDAPA 31.01.01.235 (Reserved)

HEARINGS – MISCELLANEOUS PROCEDURE es 241-260)

IDAPA 31.01.01.241 Notice of Hearing (rule 241)

01.Timing of Notice. Notice of the place, date and hour of hearing will be served at least fourteen (14) days, or in the case of formal complaints, twenty-one (21) days, before the time set for hearing, unless the Commission finds by order that the public necessity requires the hearing to be held earlier.(3-31-22)

02.Contents of Notice. Notices must comply with Rule 242’s requirements. Notices must list the names of the parties (or the lead parties if the parties are too numerous to name), the case number, and the name of the hearing officer who will conduct the hearing if the case will not be heard by one (1) or more Commissioners. If no document previously issued by the Commission has listed the legal authority of the Commission to conduct the hearing, the notice of hearing must do so. The notice of hearing shall state that the hearing will be conducted under these Rules of Procedure and inform the parties where they may read or obtain a copy.(3-31-22)

03.Locations of Hearing. Hearings may be held in Boise, Idaho, or at other places designated by notice or order.(3-31-22)

04.Types of Formal Hearings. The Commission generally conducts two (2) types of formal public hearings.(3-31-22)

a.A technical hearing is a public hearing where parties present witnesses and their prepared testimony and exhibits.(3-31-22)

b.A customer hearing is a public hearing for customers, public officials, and other persons not related to parties in the case to provide testimony. Unless otherwise ordered by the presiding officer, parties are prohibited from presenting evidence at the customer hearing.(3-31-22)

IDAPA 31.01.01.242 Facilities at or for Hearing and Ada Requirements (rule 242)

All hearings must be held in facilities meeting the accessibility requ irements of the Americans with Disabilities Act (ADA). All notices of hearing must inform the parties that the hearing will be conducted in facilities meeting the ADA accessibility requirements. All notices of hearing must inform the parties and other persons notified that if they require assistance of the kind that the Commission is required to provide under the ADA (e.g., sign language interpreters, Braille copies of documents) in order to participate in or understand the hearing, the Commission will supply that assistance upon request made seven (7) days before hearing.(3-31-22)

IDAPA 31.01.01.243 How Hearings Are Held (rule 243)

01.All Hearings Presumed Open.

All Commission hearings 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. 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 as thereafter as practical. The Commission disfavors closed hearings and parties shall take all reasonable measures to avoid the need to close a public hearing. Such measures include:(3-31-22)

a.Using references to page and line or column numbers;(3-31-22)

b.Using summaries or generalizations;(3-31-22)

c.Stipulating that the evidence be offered in the public hearing; or(3-31-22)

d.Offering testimony in writing.(3-31-22)

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

IDAPA 31.01.01.244 (Reserved)

IDAPA 31.01.01.245 Conference at Hearing (rule 245)

The presiding officer may convene the p arties before hearing or recess the hearing to discuss formulation or simplification of the issues, admissions of fact or identification of documents to avoid unnecessary proof, exchanges of documents, exhibits or prepared testimony, limitation of witnesses, establishment of order of procedure, and other matters that may expedite orderly conduct of the hearing. The presiding officer should state the results of the conference on the record.(3-31-22)

IDAPA 31.01.01.246 Preliminary Procedure at Hearing (rule 246)

Before taking evidence, the presiding officer should call the heari ng to order, take appearances of parties, and act upon any pending motions or petitions. The presiding officer may allow opening statements to explain a party’s presentation.(3-31-22)

IDAPA 31.01.01.247 Consolidation of Proceedings (r

ULE 247).

The Commission may consolidate two (2) or more proceedings for hearing when it finds that they present related issues and that the parties’ rights will not be prejudiced. In consolidated hearings the presiding officer determines the order of the proceeding.(3-31-22)

IDAPA 31.01.01.248 Stipulations (rule 248)

Parties may stipulate among themselves to any fact at issue by written statement filed with the Commission Secretary or presented at hearing or by oral statement on the hearing record. The Commission may regard a stipulation as evidence, but the Commission may require proof by evidence of the facts stipulated. The Commission is not bound to adopt the parties’ stipulation, but may by order do so. If the Commission rejects a stipulation, it will do so before issuing a final order, and it will provide an additional opportunity for the parties to present evidence and arguments on the subject matter of the rejected stipulation.(3-31-22)

IDAPA 31.01.01.249 Procedural Sequence (rule 249)

01.Evidence Presentation.

Parties’ evidence will ordinarily be introduced in this sequence: (3-31-22)

a.Upon applications:(3-31-22)

i.Applicant;(3-31-22)

iii.Commission Staff; and(3-31-22)

iv.Rebuttal by applicant.(3-31-22)

b.Upon formal complaints or petitions (except when the Commission is complainant):(3-31-22)

i.Complainant or petitioner;(3-31-22)

iii.Commission Staff;(3-31-22)

iv.Respondents; and(3-31-22)

v.Rebuttal by complainant or petitioner.(3-31-22)

c.Upon complaints by Commission:(3-31-22)

i.Commission Staff;(3-31-22)

iii.Respondents; and(3-31-22)

iv.Rebuttal by Commission Staff. (3-31-22)

v.The Commission or presiding officer may modify this sequence. Additional evidence may be taken in the discretion of the Commission or presiding officer. Evidence of public witnesses may be taken at any time.

02.Witness Examination. Witnesses will ordinarily be examined in this sequence:(3-31-22)

a.Direct examination by sponsoring party or direct statement of public witness;(3-31-22)

b.Examination by applicants, petitioners or complainants;(3-31-22)

c.Examination by intervenors;(3-31-22)

d.Examination by respondents;(3-31-22)

e.Examination by Commission Staff (except when the Staff acts as complainant);(3-31-22)

f.Examination by Commissioners or hearing examiners; and(3-31-22)

g.Redirect examination or rebuttal statement.(3-31-22)

h.The presiding officer may allow additional examination of witnesses or vary the examination of witnesses. The presiding officer may vary the examination sequence (e.g. by allowing parties with interests adverse to the witness to examine the witness after parties with interests similar to the witness.)(3-31-22)

IDAPA 31.01.01.250 Testimony Under Oath (rule 250)

All testimony will be under oath, with each witness swearing/affirming that their testimony is truthful.(3-31-22)

IDAPA 31.01.01.251 Similarly Interested Parties

AND PERSONS (RULE 251).

If two (2) or more parties or persons have substantially like interests or positions, to expedite the proceeding and avoid duplication the presiding officer may limit the number of them who testify, examine witnesses, or make and argue motions and objections.(3-31-22)

IDAPA 31.01.01.252 Continuances (rule 252)

The Commission or presiding officer may continue hearings . When a hearing for an application described by Rule 121 is continued per applicant request, the applicant may be required, as a condition of granting the motion for continuance, to consent to an order tolling the running of any suspension period if the Commission ultimately finds that a final order cannot be issued within the suspension period because the applicant’s request for a continuance was granted.(3-31-22)

IDAPA 31.01.01.253 Rulings at Hearings (rule 253)

The presiding officer rules on motions presented at hearing.

The full Commission may review the presiding officer’s rulings in determining the matter on its merits. In extraordinary circumstances, the presiding officer may refer or defer these matters to the full Commission for determination.(3-31-22)

IDAPA 31.01.01.254 Oral Argument (rule 254)

The Commission may set and hear oral argument on any matter before it on reasonable notice.(3-31-22)

IDAPA 31.01.01.255 Briefs -- Proposed Order

S OF THE PARTIES -- STATEMENTS OF POSITION --

PROPOSED ORDER OF THE COMMISSION (RULE 255).

In any proceeding, any party may move to file briefs, memoranda, proposed orders of the parties or statements of position, and the Commission or presiding officer may request briefs, proposed orders of the parties, or statements of position. The Commission or presiding officer may issue a proposed order and ask the parties for comment upon the proposed order.(3-31-22)

IDAPA 31.01.01.256 Procedure on Motions (rule 256)

01.Argument.

The Commission may consider and decide prehearing motions with or without oral argument or hearing. If oral argument or hearing on a motion is requested and denied, the Commission must state its grounds for denying the request.(3-31-22)

02.Requirements for Motion for Expeditious Substantive Relief. A motion requesting substantive relief on fewer than fourteen (14) days’ notice will not be acted upon on fewer than fourteen (14) days’ notice unless it states:(3-31-22)

a.The facts supporting its request to act on shorter notice; and(3-31-22) b.1) That at least one (1) representative of all parties has received actual notice, by telephone or personal delivery of the motion; or 2) stating the efforts made to reach representatives of those parties not contacted and what efforts will continue to be made to contact them. Except as otherwise provided in this paragraph, the Commission will allow at least two (2) days (excluding Saturdays, Sundays and legal holidays) after notification by telephone or actual receipt of the motion for parties to inform the Commission Secretary, either in writing personally delivered to the Secretary or by telephone, whether they support or oppose the motion and whether they desire to be heard on the motion in person, in writing or by telephone. Except in extraordinary circumstances where the Commission states good cause for ruling on a motion without allowing two (2) days for parties to state their positions or to present their position on the motion either in person, in writing or by telephone, the Commission will not rule on a substantive motion. Whenever an order is issued in such extraordinary circumstances, it will expire in no more than seven (7) days.(3-31-22)

03.Motions for Procedural Relief. A motion requesting procedural relief on fewer than fourteen (14) days’ notice is properly filed if it complies with provisions of Rule 256.02.a. and 256.02.b. The Commission may act on the motion without waiting for responses of other parties.(3-31-22)

04.Support or Opposition to Prehearing Motion. When a prehearing motion has been filed, all parties seeking similar substantive or procedural relief must join in the motion or file their own motions within seven (7) days after receiving the original motion. The party answering to or responding to the motion(s) will have fourteen (14) days from the time of filing of the last motion or joinder under the requirements of the previous sentence in which to respond, except as provided in Rule 256.02 and 256.03.(3-31-22)

IDAPA 31.01.01.257 Joint Hearings (rule 257)

When the Commission participates jointly with a federal regulatory agency, the rules of practice and procedure of the federal agency govern. When the Commission participates jointly with an administrative body of another state or other states, the rules of the state where the hearing is held govern unless otherwise agreed upon by the participating agencies. Any person entitled to appear in a representative capacity for any of the agencies involved in a joint hearing may do so in such joint hearing.(3-31-22)

IDAPA 31.01.01.258 Commissioners -- Hearing Exami

NERS -- PROCEDURE (RULE 258).

01.Officers Holding Hearings.

Hearings are held before one (1) or more Commissioners or one (1) or more hearing examiners appointed by the Commission. The presiding officer is designated by the Commission. Any Commissioner or hearing examiner may administer oaths.(3-31-22)

02.Procedure When Hearing Examiner Holds Hearing. When a hearing examiner hears a proceeding, the examiner must prepare and file recommended findings of fact with the Commission Secretary and serve copies on all parties of record within fourteen (14) days after receiving the hearing record, unless the examiner’s recommended findings are stated on the record at hearing. Unless otherwise provided by order or notice, the Commission will issue its decision based upon its review of the record and of the examiner’s recommended findings of fact.(3-31-22)

IDAPA 31.01.01.259 Assertion of Right Against Self-Incrimination at Hearing -- Immunity

(R ULE 259).

01.Assertion of Right.

At hearing any person may assert the right not to testify or not to produce documents upon the ground that the testimony or production of documents may tend to incriminate the person or subject him or her to penalty or forfeiture.(3-31-22)

02.Granting of Immunity. The Commission or any Commissioner may direct that person to testify or produce the document by written order or on the record at hearing. In such case, that person shall not be prosecuted, punished, or subjected to any forfeiture or penalty for or because of any act, transaction, matter, or thing concerning which the person shall under oath have testified or produced documentary evidence: provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by the person in that testimony.

03.No Immunity Without Assertion of Right. No immunity is granted under this rule or Section 61- 606, Idaho Code, unless the person specifically asserts their rights under Section 61-606, Idaho Code, and the Commission’s or a Commissioner order in writing or directs on the record at hearing that the person must testify or produce written documents and shall be immunized from prosecution, punishment, forfeiture or penalty according to this rule and Section 61-606, Idaho Code. No immunity shall extend to a public utility.(3-31-22)

IDAPA 31.01.01.260 Summary of Position(s) and Testimony (rule 260)

Each utility shall make available to the public at all Commission hearings a brief written summary of the utility’s position(s) and testimony filed in the case under consideration except when the Commission has determined that a summary is not necessary. If the utility is requesting a rate increase, its summary shall address the utility’s need for additional revenue, the total dollar amount requested, and the proposed percentage increase or decrease in rates for each major customer class. The Commission Staff and intervenors shall also provide a brief summary of their recommendations and the testimony filed in the case under consideration. These summaries and presentations are provided solely for the convenience of the public and will not be allowed as evidence or form the basis for crossexamination of any witness.(3-31-22)

EVIDENCE

(Rules 261-270)

IDAPA 31.01.01.261 Rules of Evidence -- Evaluation of Evidence (rule 261)

The Idaho Rules of Evidence do not bind the presiding officer at hearing. No informality in a proceeding or in how testimony is taken invalidates any order made, approved, or confirmed by the Commission. The Commission generally follows rules on the admissibility of evidence that an Idaho district court would use in non-jury civil cases.

But evidence (including hearsay) not admissible in non-jury civil cases may be admitted to determine facts not reasonably susceptible of proof under the Idaho Rules of Evidence. The presiding officer, with or without objection, may exclude evidence that is irrelevant, unduly repetitious, inadmissible on constitutional or statutory grounds, or inadmissible based on any evidentiary privilege recognized in Idaho courts, and order the presentation of such evidence to stop. All other evidence may be admitted if it is a type generally relied upon by prudent persons when conducting their affairs. The Commission may use its expertise, technical competence and special knowledge when evaluating evidence.(3-31-22)

IDAPA 31.01.01.262 Documentary Evidence -- Introduction of

RECORDS IN THE COMMISSION

SECRETARY'S OFFICIAL FILE (RULE 262).

Documentary evidence may be received in the form of copies or excerpts. Upon request, parties shall be given an opportunity to compare the copy with the original if available. When a party offers in evidence any portion of a transcript, exhibit, or other record from another Commission proceeding the part offered must be specifically described and, if admitted, will be made an exhibit. The party offering the exhibit must comply with Rule 267.

IDAPA 31.01.01.263 Official Notice (rule 263)

01.Matters That May Be Officially Noticed.

The Commission may officially note at hearing and in its orders:(3-31-22)

a.Its own orders, notices, rules, certificates and permits, and those of any other regulatory agency, state or federal;(3-31-22)

b.Matters of common knowledge, technical, financial, or scientific facts established and published in accepted authorities or in the Commission’s specialized knowledge, and matters judicially noticeable; and (3-31-22)

c.Data in periodic reports utilities 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 as prescribed in Rule 262.(3-31-22)

IDAPA 31.01.01.264 Depositions (rule 264)

Depositions may be offered into evidence as allowed by Secti on 61-605, Idaho Code, and the Idaho Rules of Civil Procedure.(3-31-22)

IDAPA 31.01.01.265 Objections -- Offers of Proof (rule 265)

Grounds for objection to the admission or exclusion of evidence must be stated briefly when the evidence is offered.

Formal exceptions to ruli ngs admitting or excluding evidence are unnecessary and need not be taken. An offer of proof consists of a statement of the substance of the excluded evidence. When a party objects to the admission of evidence, the presiding officer may rule on the objection, receive the evidence subject to the later ruling by the full Commission or refer the objection to the full Commission.(3-31-22)

IDAPA 31.01.01.266 Prepared Testimony (rule 266)

If a witness’s prepared testimo ny has been timely filed and previously made available to all parties the presiding officer may order that it be incorporated in the transcript as if read. Without objection, the presiding officer may direct other prepared testimony to be incorporated in the transcript as if read. Admissibility of prepared testimony is subject to the Rule 261.(3-31-22)

IDAPA 31.01.01.267 Exhibits (rule 267)

01.Exhibit Numbers. Exhibit numbers are assigned to the parties before hearing according to R ule

IDAPA 31.01.01.230 (3-31-22)

02.Form of Exhibits. Public exhibits offered at hearing must ordinarily be typed or printed on eight and one-half by eleven inch (8 1/2” x 11”) white paper. But 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 disclosure shall be printed on yellow paper. The party offering the exhibit must give a copy of it to each party present, to the reporter, and to each Commissioner or hearing examiner. A party who offers an unusually bulky or voluminous exhibits should allow the parties to inspect it before offering it at the hearing. Copies must be of good quality.(3-31-22)

03.Timely Filing of Exhibits. Exhibits offered as part of a party’s direct case (except exhibits offered on redirect) must be timely filed. Exhibits filed pursuant to any order, notice or rule requiring their filing before hearing are timely filed as specified in the order, notice or rule. 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 exhibits that update exhibits previously timely filed may be filed if the other parties are afforded fair opportunity to examine the sponsoring witnesses.

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.(3-31-22)

05.Labeling of Exhibits. All exhibits accompanying prepared testimony, exhibits introduced during direct examination, 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:

Exhibits prepared for the proceeding must contain this labeling on each page of the exhibit. Exhibits reproducing previously existing documents may contain a cover page with this labeling, but need not be labeled 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:(3-31-22)

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.(3-31-22)

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

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. Writings, or drawings by testifying witnesses are not an exhibit or evidence unless reproduced, photographed, or otherwise preserved for the record.(3-31-22)

IDAPA 31.01.01.268 (Reserved)

SETTLEMENTS es 271-280)

IDAPA 31.01.01.271 Passive Settlements (rule 271)

Settlements in formal proceedings in wh ich a party agrees to concur in, accept, or not to oppose another party’s positions previously on record with the Commission are called passive settlements. Any party may reach a passive settlement with any other party on any issue without prior notification to the Commission or any other party.

IDAPA 31.01.01.272 Procedures for Active Settlements (rule 272)

Settlements in formal proceedings in which one (1) or more parties negotiate an agreement differing from positions of one (1) or more of the parties previously on record with the Commission are called active settlements. Any party other than the Commission Staff may enter into an active settlement with any party other than the Commission Staff without prior notification to the Commission or other parties. The Commission Staff, however, is precluded from entering into an active settlement without first notifying all other parties and the Commission that it intends to begin or has begun settlement negotiations. The Commission Staff must give all other parties an opportunity to participate in or be apprised of the course of the settlement negotiations before a final settlement agreement is reached.

Settlement negotiations are confidential, unless all participants to the negotiation agree to the contrary.(3-31-22)

IDAPA 31.01.01.273 Suggestion for or Inquiry About Settlements (rule 273)

Through notice or order or on the record at prehearing conferen ce or hearing, the Commission or an individual Commissioner may inquire of the parties in any proceeding whether settlement negotiations are in progress or contemplated or invite settlement of an entire proceeding or certain issues. In issuing such an invitation for settlement, the Commission or an individual Commissioner may indicate acceptable ranges of settlement, preclude certain issues from settlement, or otherwise inform the parties of his, her or their views on settlement in aid of securing a just, speedy and economical determination of the issues presented to the Commission. Neither the Commission nor individual Commissioners will indicate ex parte their views on the merits of any proposed settlement.(3-31-22)

IDAPA 31.01.01.274 Consideration of Settlem

ENTS (RULE 274).

Settlements must be reviewed under this rule. When a sett lement, be it active or passive, is presented to the Commission, the Commission will prescribe procedures appropriate to the nature of the settlement to consider the settlement. For example, the Commission may summarily accept settlement of an essentially private dispute that has no significant implications for regulatory law or policy or for other utilities or customers upon the written request of the affected parties. On the other hand, when one (1) or more parties to a proceeding is not party to the settlement or when the settlement presents issues of significant implication for other utilities, other customers or the public interest, the Commission may convene an evidentiary hearing to consider the reasonableness of the settlement and whether acceptance of the settlement is just, fair, and reasonable, in the public interest, or otherwise in accordance with law or regulatory policy.(3-31-22)

IDAPA 31.01.01.275 Burdens of Proof (rule 275)

Proponents of a proposed settlement carry the burden of sho wing that the settlement is reasonable, in the public interest, or otherwise in accordance with law or regulatory policy. In any instance in which parties or affected persons oppose the settlement, proponents of the settlement should be prepared to call witnesses and argue in favor of the settlement. Opponents of the settlement should be prepared to examine supporting witnesses, offer their own witnesses, or argue against the settlement. The Commission may require the development of an appropriate record in support of or opposition to a proposed settlement as a condition of accepting or rejecting the settlement.(3-31-22)

IDAPA 31.01.01.276 Settlement Not Binding (rule 276)

The Commission is not bound by settlements. It will independently review any settlement proposed to it to determine whether the settlement is just, fair and reason able, in the public interest, or otherwise in accordance with law or regulatory policy. When a settlement is presented for decision, the Commission may accept the settlement, reject the settlement, or state additional conditions under which the settlement will be accepted. In the last instance, the parties will have twenty-one (21) days to state their acceptance or rejection of the additional conditions imposed by the Commission. If the Commission rejects the settlement or if the Commission’s conditional acceptance of a settlement is rejected by the parties to the settlement, the Commission will notify the parties of procedures to be followed to decide the issues for which settlement was rejected by the Commission.(3-31-22)

IDAPA 31.01.01.277 Consent Agreements Not

SETTLEMENTS (RULE 277).

Consent agreements under Rule 58 are not settlements under Rules 271-277.(3-31-22)

IDAPA 31.01.01.278 (Reserved)

OFFICIAL RECORDS AND FILES es 281-290)

IDAPA 31.01.01.281 Records for Decision -- Relationship to Official File (rule 281)

The Commission bases its decisions and issues its orders on the hearing record (excluding exhibits denied admission), the Commissioners’ record and items officially noted. The hearing record and the Commissioners’ record are part of the Commission Secretary’s official file.(3-31-22)

IDAPA 31.01.01.282 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 by parties or other persons regarding a proceeding, and includes 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 related to a proceeding and included in the public files of that proceeding by the Commission Secretary.(3-31-22)

02.Public Records. Except as provided in Rules 26, 67, 233, 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 74-102, Idaho Code. Information obtained in an application for a certificate issued by this Commission inquiring into a person’s fitness to be granted or to retain a certificate is not exempted from examination or copying under Sections 74-106(8) and 74-106(9), Idaho Code.(3-31-22)

IDAPA 31.01.01.283 The Hearing Record (rule 283)

The hearing record in a proceeding consists of all transcripts of hearings, conferences, arguments and other proceedings on the record and of all exhibits identified, offered, admitted or denied admission at hearing or prehearing conference. Workpapers, requests for discovery, answers to discovery and other documents filed with the Commission Secretary and served on the parties, whether or not discussed at hearing, are not part of the hearing records unless introduced as exhibits at hearing. The Commission or an individual Commissioner may add to the hearing record by reference to any document in the Commission Secretary’s official file, but only after notifying the parties of that intention and giving them reasonable opportunity to object, review, examine, and rebut or contest the document.(3-31-22)

IDAPA 31.01.01.284 The Commissioners' Record (rule 284)

01.Documents in File.

The Commissioners’ record in a proceeding automatically includes all pleadings, orders, notices, briefs, proposed orders and position papers. The Commission may add documents officially noticed to the Commissioners’ record.(3-31-22)

02.Materials Available at Hearing. The Commissioner(s) or hearing examiner(s) conducting a hearing will have the Commissioners’ record and all prepared testimony and exhibits available at hearing. Parties desiring to refer to additional documents at hearing should notify the Commission Secretary and all other parties of their intention so that these other documents will be available to the Commissioner(s) or hearing examiner(s) at hearing or should themselves provide copies at hearing to all other parties and to the Commissioner(s) or hearing examiner(s).(3-31-22)

IDAPA 31.01.01.285 The Reporter (rule 285)

The reporter at all hearings, conferences, ar guments and other proceedings on the record must transcribe all oral proceedings on the record and collect all exhibits identified at hearing. Except as otherwise directed by the Commission, presiding officer at hearing, or the Commission Secretary, the reporter must file the complete hearing record of transcripts and exhibits with the Commission Secretary within fourteen (14) days of the close of hearing.

IDAPA 31.01.01.286 Transcripts (rule 286)

01.Form of Transcripts -- Cover Sheet.

Transcripts must be prepared on white eight and one-half by eleven-inch (8 1/2” x 11”) paper. The lines of each page shall be double-spaced with at least twenty-five (25) lines and no more than thirty (30) lines per page. Quotations, citations, and parenthetical notes may be single-spaced. Each line shall be numbered on the left margin. The cover page of each volume of transcript must show the title of the proceeding, the case number, the presiding officer, the time, and place of hearing, and other information as shown below:

02.Volumes of Transcript -- Indices to Volumes. Each day of hearing must be transcribed in a volume or volumes separate from other days of hearing. Each volume of transcript must begin with a list of the parties who appeared that day and their representatives at hearing that day. This list must be followed with a list of all witnesses whose testimony is reported in that volume, showing the pages at which each witness’s testimony begins, what party (if any) called the witness, the pages upon which each other party’s examination begins, the pages upon which each Commissioner’s or hearing examiner’s examination begins, and the pages upon which redirect examination or any party’s, Commissioner’s or hearing examiner’s re-examination begins. These lists must be followed with a list showing all exhibits identified in that volume of transcript (including exhibits accompanying prepared testimony), the pages upon which they are first identified, and, if any exhibits are denied admission, the pages upon which the exhibits are denied admission.(3-31-22)

03.Matters Included in Transcript. The transcript must contain all discussions on the record while the hearing is in order. Unless otherwise directed by the Commission, the presiding officer, or the Commission Secretary, prepared testimony must be included in the transcript without change or retyping. Witness’s corrections to prepared testimony should be made by distributing replacement pages to the reporter and describing those corrections on the record and/or distributing an errata sheet; unless otherwise directed, no corrections other than replacement pages will be made in the prepared testimony before it is incorporated in the transcript, except the reporter may make BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION (TITLE OF PROCEEDING))

CASE NO. XXX-X-XX-XX )

(COMMISSIONER Able Baker, Presiding)

(HEARING OFFICER Charlie Dog, Presiding)

(Date, e.g., January 21, 1983)

(Hearing Room, e.g., Commission Hearing Room)

(Address, e.g., 472 West Washington, Boise, Idaho) minor corrections by interlineation in the prepared testimony. Witnesses may have seven (7) days after hearing to distribute replacement pages to all parties and to the reporter, unless the Commission, the presiding officer or the Commission Secretary otherwise directs.(3-31-22)

04.Marginal Notes. The testimony of all witnesses reported in the transcript must be designated in the lower right margin by the witness’s surname and the party sponsoring the witness’s testimony. Witnesses not sponsored by any party must be designated “Public.” The type of testimony must be shown following the witness’s surname as “Di” (direct or redirect), “X” (examination by any party not sponsoring the witness), or “Com”

(examination by a Commissioner or hearing examiner). Examples of the designations required by this Rule follow:

Discussions on the record that are not testimony or examination may be labeled “argument,” “decision,” “colloquy,” etc., to describe what is reported.(3-31-22)

05.Volume Size -- Number of Pages. Transcript volumes should not exceed three hundred (300) pages unless the transcript can be completed in three hundred fifty (350) pages or less. Transcript volumes and pages of all proceedings on the record, including prehearing conferences, hearings, arguments, and any other proceedings on the record, must be numbered consecutively. For example, if a prehearing conference on the record preceded a hearing, the transcript volume and page numbers of the hearing would be numbered consecutively with that of the prehearing conference.(3-31-22)

06.Number of Copies -- Binding. The reporter shall prepare an original and one (1) copy of the transcript for the Commission. The original of each transcript shall be filed with the Commission Secretary unbound but each volume shall be separated (if applicable). Copies of the transcript shall be fastened at the left margin in spiral or plastic-type binding, so as to open flat.(3-31-22)

07.Compressed Transcript. Any party may request a compressed transcript having no more than four (4) pages of regular transcript on a page. Each volume of compressed transcript shall contain no more than two hundred (200) pages unless the transcript can be completed in two hundred fifty (250) pages or less. A compressed transcript may be duplexed. The pagination shall be horizontal as follows:

08.Computer-Searchable Transcript. Any party may request a computer-searchable disk of the written transcript. The disk shall be in Adobe Acrobat (PDF) or other searchable format agreed upon by the reporter and the party ordering the disk.(3-31-22)

09.Purchase of Transcript. Any party or other person may request and pay for a copy of a transcript or portions of the transcript from the reporter.(3-31-22)

IDAPA 31.01.01.287 Sealed Transcripts (rule 287)

At the direction of the Commission or the presiding officer, the reporter shall prepare a separat e 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. Sealed transcripts shall be separately stored in a secure location with limited access and safeguarded from unauthorized disclosure.(3-31-22)

IDAPA 31.01.01.288 (Reserved)

Accountant, Di;Accountant, Com; Ratepayer, X ABC Company ABC Company Public

PART 4 – ORDERS AND REVIEW OF ORDERS

(Rules 301-400)

DEF AULTS

(Rules 301-310)

IDAPA 31.01.01.301 Failure to Answer or Appear at Hearing -- Defaults (rule 301)

If an applicant, petitioner, complainant or moving party fails to appear at the time and place set for hearing, the Commission may dismiss the application, petition, complaint or motion. When a properly served respondent fails to answer or otherwise respond as provided in these rules or to appear at hearing, including a show cause hearing set by the Commission, the Commission may order any relief against the respondent authorized by law.(3-31-22)

IDAPA 31.01.01.302 (Reserved)

DECISIONS AND ORDERS

(Rules 31 1-320)

IDAPA 31.01.01.311 Submission for Decisions (rule 311)

A proceeding is fully submitted for decision upon filing of the hearing record with the Commission Secretary, filing of tim ely briefs, filing of timely orders proposed by the parties and timely written comments or exceptions, oral argument, or receipt of recommended findings of fact of the hearing examiner, whichever is last, but no later than twenty-eight (28) days after hearing is closed when a hearing is held, except when all Commissioners participating in the decision have heard the case themselves, they need not await the filing of the hearing record to consider the case fully submitted for their decision. The Commission (or a hearing examiner presiding over an uncontested matter) may issue a final decision earlier or rule from the bench, but a bench ruling will be followed by written order.(3-31-22)

IDAPA 31.01.01.312 Proposed Orders by Commission (rule 312)

The Commission may issue a proposed order in any proceeding. Any party may file exceptions and briefs to a proposed o rder within twenty-one (21) days from its service date, unless the Commission designates a different time.

Any party may file and serve answers and briefs to the exceptions within seven (7) days after service of the exceptions. The Commission may adopt or revise the proposed order in response and issue a final order. The proposed order is not an order of the Commission unless it is adopted by order. In that case, the adopting order is the final order for all purposes.(3-31-22)

IDAPA 31.01.01.313 (Reserved)

INTERLOCUTORY ORDERS – FINAL ORDERS – REVIEW OR STAY OF ORDERS es 321-330)

IDAPA 31.01.01.321 Interlocutory Orders (rule 321)

01.Defined. In terlocutory orders are orders that do not decide all previously undecided issues presented in a proceeding. The Commission may, however decide some issues and state that its decision on those issues is final and subject to review by reconsideration and appeal, but is not final on other issues. An order is interlocutory unless it contains a Rule 323 paragraph or a substantially similar one.(3-31-22)

02.Certain Orders Always Interlocutory. These orders are always interlocutory: orders suspending rates, fares, tolls, rentals, charges, classifications, contracts, practices, rules or regulations under Section 61-622, Idaho Code; orders initiating complaints or investigations; orders joining, consolidating or separating issues, proceedings or parties; orders granting or denying intervention; orders scheduling prehearing conferences, discovery, hearing, arguments or deadlines for written communications; orders proposing modified procedure; orders compelling or refusing to compel discovery.(3-31-22)

03.Review of Interlocutory Orders. Interlocutory orders may be reviewed under Rules 322, 324 and

IDAPA 31.01.01.325 (3-31-22)

IDAPA 31.01.01.322 Review of Interlocutory Orders (rule 322)

Any person may petition to review any interlocutory order . The Commission may rescind, alter or amend any interlocutory order on its own motion, but will not on its own motion review any interlocutory order affecting any party’s substantive rights without giving all parties notice and an opportunity for written comment.(3-31-22)

IDAPA 31.01.01.323 Final Orders (rule 323)

01.Paragraphs Designating Final Orders. Fi nal orders are all orders and only those orders containing one (1) of these paragraphs or a substantially similar one:(3-31-22)

a.THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this case may petition for reconsideration within twenty-one (21) days of this order’s service date regarding any matter decided in the orders. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration in response to issues raised in the petition for reconsideration. See Section 61-626, Idaho Code; or(3-31-22)

b.THIS IS A FINAL ORDER. On reconsideration (or denying reconsideration). Any party aggrieved by this Order or other final or interlocutory Orders previously issued in this case may appeal to the Supreme Court of Idaho under the Public Utilities Law and the Idaho Appellate Rules. See Section 61-627, Idaho Code. Orders may be final on some issues and interlocutory on others. If so, the orders will explicitly designate the issues upon which they are final.(3-31-22)

02.Service of Final Orders. The Commission Secretary must indicate on every order subject to petition for reconsideration the date upon which the order was served on the parties Rule 41 representatives. The Commission Secretary must indicate on every order subject to appeal the date upon which the order was filed with the Commission Secretary and the date upon which the order was served on the parties Rule 41 representatives.

03.Petition to Designate Order as Final. Whenever a party believes that an order not designated as a final order should be a final order, the party may petition the Commission to designate the order as final. If an order is designated as final after its release, its effective date for purposes of reconsideration or appeal is the order of designation’s service date.(3-31-22)

04.Review of Final Orders. Final orders may be reviewed under Rules 324, 325, 326, 331 and 341.

IDAPA 31.01.01.324 Stay of Orders (rule 324)

Any person may petition the Commission to stay any order, whet her interlocutory or final. Orders may be stayed by the judiciary according to statute. The Commission may stay any order on its own motion.(3-31-22)

IDAPA 31.01.01.325 Clarification of Orders (rule 325)

Any person may petition to clarify any order, whether interlocut ory or final. Petitions for clarification from final orders do not suspend or toll the time to petition for reconsideration or appeal a final order. A petition for clarification may be combined with a petition for reconsideration or alternatively stated as a petition for clarification and/or reconsideration. The Commission may clarify any order on its own motion.(3-31-22)

IDAPA 31.01.01.326 Rescission, Alteration or Amendment

OF FINAL ORDERS (RULE 326).

01.Petition to Rescind, Alter or Amend a Final Order.

Any person may petition to rescind, alter or amend a final order under Section 61-624, Idaho Code. The petition to rescind, petition to alter, or petition to amend must state:(3-31-22)

a.That it is filed under Section 61-629, Idaho Code, after an order has been set aside or set aside in part on appeal, or(3-31-22)

b.Circumstances have changed or new information has become available since the order was issued, or other good and sufficient reasons exist to rescind, alter, or amend the order. The Commission may dismiss as defective any such petition not complying with this rule and with Rule 53.(3-31-22)

02.Rescission, Alteration or Amendment of Final Order on Commission's Own Motion. The Commission on its own motion may propose to rescind, alter or amend any final order. The Commission will notify all interested persons of its proposal and opportunity to be heard by evidentiary hearing or written submission.

IDAPA 31.01.01.327 Substance of Orders (rule 327)

Unless prohibited by statute, the substance of orders and the relief provided by orders may differ from the relief requested or proposed by any party. The Commission’s order may provide for any result supported by the record without regard to whether a party recommended any component of the order.(3-31-22)

IDAPA 31.01.01.328 (Reserved)

RECONSIDERATION es 331-340)

IDAPA 31.01.01.331 Petitions and Cross-Petitions for Rec

ONSIDERATION (RULE 331).

01.Petition for Reconsideration.

Within twenty-one (21) days after a final order’s service date, any person interested in the final order or any issue decided in may petition for reconsideration. Petitions for reconsideration must specify (a) why the order or any issue decided in it is unreasonable, unlawful, erroneous or not in conformity with the law, and (b) the nature and quantity of evidence or argument the petitioner will offer if reconsideration is granted. See Section 61-626, Idaho Code.(3-31-22)

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 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 that the crosspetitioner will offer if reconsideration is granted. See Section 61-626, Idaho Code.(3-31-22)

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.(3-31-22)

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 final order’s service date. Whenever a petition for reconsideration is mailed, rather than personally delivered, and it is not postmarked within eighteen (18) days from the final order’s service date, 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 within 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 mailed, rather than personally delivered, and is not postmarked within four (4) days from the date the Commission Secretary receives the petition for reconsideration, the cross-petitioner should notify the Commission Secretary and all other parties by email or telephone that the cross-petition for reconsideration has been mailed.(3-31-22)

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.(3-31-22)

IDAPA 31.01.01.332 Procedure at Reconsideration (rule 332)

The Commission may grant reconsideration upon petition of any interested person or upon its own motion.

Prehearing conferences may be convened before reconsideration. Reconsiderations by rehearing are conducted in accordance with the procedure at other hearings, except that parties whose petitions are granted are treated as complainants or petitioners under Rule 249. When the order for reconsideration finds that the grounds upon which the petition is granted present only issues of law and not of fact or issues of fact not requiring hearings, the Commission may direct that these grounds be considered on reconsideration without further submission of evidence or a hearing, and on the record before it with no further submissions by the parties, or by submission of briefs, memoranda, written interrogatories or written statements, or otherwise. Grounds for, or issues on reconsideration not supported by specific explanation may be dismissed. Rule 311 determines when a matter that is reconsidered is finally submitted for purposes of Section 61-626, Idaho Code.(3-31-22)

IDAPA 31.01.01.333 Effect of Filing Petition for Reconsideration (rule 333)

Filing a petition for reconsideration does not excuse compliance with any order nor stay the effectiveness of any order, unless otherwise ordered. Petitions to stay may accompany or precede petitions for reconsideration. (3-31-22)

IDAPA 31.01.01.334 (Reserved)

APPEAL es 341-350)

IDAPA 31.01.01.341 Persons Who May Appeal (rule 341)

01.Parties Aggrieved by Order Following Petition for Reconsideration.

After a petition for reconsideration is denied, or, if the petition is granted, then after the decision on reconsideration issues, the state of Idaho or any party aggrieved may appeal from the Commission’s order by filing a notice of appeal with the Commission Secretary. The notice of appeal must comply with the Idaho Appellate Rules. See Section 61-627, Idaho Code.(3-31-22)

02.Parties Aggrieved by Denial of Petition for Reconsideration. No person is a party aggrieved by an order denying reconsideration unless the person is a party that petitioned for reconsideration and presented the grounds and issues on which it contends it was aggrieved by earlier orders of the Commission as issues on reconsideration under Rule 331 and the Commission denied reconsideration on some or all of those issues. (3-31-22)

03.Parties Aggrieved Following Reconsideration. No party is aggrieved by an order issued on reconsideration unless:(3-31-22)

a.The party petitioned or cross-petitioned for reconsideration, its petition or cross-petition was granted, and the order issued on reconsideration did not grant the relief requested in the party’s petition or crosspetition in full or in part; or(3-31-22)

b.The party did not petition or cross-petition for reconsideration, but stated on the record, by motion or brief, that it opposed any change to the Commission’s earlier order(s) on grounds associated with issue(s) on reconsideration, and the order issued on reconsideration changed the earlier order(s) with regard to grounds or issues on reconsideration that the party opposed.(3-31-22)

IDAPA 31.01.01.342 Notice of Appeal (rule 342)

The notice of appeal must be filed with the Commission Secretary as provided in the Idaho Appellate Rules. A notice of appeal is not considered filed for any purpose when it is mailed, but is only considered filed when it is received by the Commission Secretary.(3-31-22)

IDAPA 31.01.01.343 Preparation of Appellate Record (rule 343)

The Commission, by order, may correct the title of an appea l to properly designate all parties as appellants, crossappellants, 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(c) should be paid directly to the reporter, not to the Commission Secretary. The Secretary’s fees under Idaho Appellate Rule 27(b) for preparing the agency’s record are the same fees provided in that rule for the district court clerk to charge for preparing the clerk’s record.

IDAPA 31.01.01.344 (Reserved)

SETTLEMENT OF APPEAL FROM THE COMMISSION

(Rules 351-360)

IDAPA 31.01.01.351 Dismissals (rule 351)

Dismissals are settlements in which appellants or cross-appellan ts from Commission orders agree to dismiss appeals, cross-appeals, or issues on appeal or cross-appeal without requiring the alteration, amendment or rescission of any Commission order. Any party may dismiss any appeal, cross-appeal, or issue on appeal or cross-appeal without Commission involvement. The Idaho Supreme Court’s procedures govern dismissals.(3-31-22)

IDAPA 31.01.01.352 Settlements Calling for Com

MISSION ACTION (RULE 352).

Settlements in which one (1) or more parties agree to dismiss an appeal, cross-appeal, or issue on appeal or crossappeal in conjunction with the alteration, amendment or rescission of a Commission order, are called settlements calling for Commission action. If any party to an appeal wishes to negotiate a settlement calling for Commission action, it must notify the Commission and all other parties to the appeal of its intention to do so. If the Commission believes that settlement negotiations are in the public interest, it may authorize the Commission Staff to enter into settlement negotiations. In conducting those negotiations, the Staff must abide by Rule 272 regarding active settlements of issues before the Commission. Settlement negotiations are confidential, unless all participants to the negotiation agree to the contrary.(3-31-22)

IDAPA 31.01.01.353 Suggestion for Inquiry About Settlements (rule 353)

In authorizing the Staff to enter into settlement negotiations for a settlement calling for Commission action, the Com mission may invite settlement of the entire appeal (including cross-appeals) or of certain issues. The authorization must be in writing and served upon all parties but need not be done by notice or order. In authorizing negotiation for settlement calling for Commission action, the Commission or individual Commissioners may indicate acceptable ranges of settlement, preclude certain issues from settlement, or otherwise inform the parties of its views on settlement of an appeal calling for Commission action in aid of securing a just, speedy, and economical settlement negotiation. Neither the Commission nor individual Commissioners will indicate ex parte their views on a proposed settlement’s merits.(3-31-22)

IDAPA 31.01.01.354 Consideration of Settlement

ON APPEAL (RULE 354).

When a settlement of an appeal calling for Commission action is presented to the Commission, the Commission will prescribe procedures under which the Commission will consider the settlement. For example, upon the parties’ written request, the Commission might summarily accept the parties’ settlement of an essentially private dispute that does not significantly implicate regulatory law or policy or for other utilities or customers summarily upon the affected parties’ written request But when one (1) or more parties to the appeal is not party to the settlement or when the settlement presents issues that significantly implicate other utilities, other customers or the public interest, the Commission may convene an evidentiary hearing to consider the settlement’s reasonableness and whether accepting the settlement would be in the public interest. In all cases, the Commission will follow the procedure established by Section 61-624, Idaho Code, with regard to altering, amending, or rescinding any order affected by the settlement.

IDAPA 31.01.01.355 Burdens of Proof (rule 355)

A proposed settlement’s proponents carry the burden of showing that the settlement is reasonable, in the public interest, or otherwise in accordance with law or regulatory policy. If parties or affected persons oppose the settlement, the settlement’s proponents should be prepared to call witnesses and argue for the settlement. Settlement opponents should be prepared to examine supporting witnesses, offer opposing witnesses, or argue against the settlement. The Commission may require the development of an appropriate record in support of or opposition to a proposed settlement as a condition of accepting or rejecting the settlement.(3-31-22)

IDAPA 31.01.01.356 Settlements Not Binding (rul

E 356).

The Commission is not bound by proposed settlements. Rather, it will independently review and determine whether a proposed settlement is just, fair and reasonable, in the public interest, or otherwise in accordance with law or regulatory policy. When a settlement is proposed, the Commission may accept it, reject it, or state additional conditions under which the Commission would accept it. In the last instance, the parties will have twenty-one (21) days to say whether they accept or reject the Commission’s additional conditions.(3-31-22)

IDAPA 31.01.01.357 (Reserved)