Title 61 — Public Utility Regulation

Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.

Chapter 1 Public Utilities Law — Application and Definitions

§ 61-101 Title and application

This act shall be known as "The Public Utilities Law" and shall apply to the public utilities and public services herein described and to the commission herein referred to.

[(61-101) 1913, ch. 61, sec. 1, p. 248; reen. C.L. 106:1; C.S., sec. 2368; I.C.A., sec. 59-101.]

§ 61-102 Commission

The term "commission" when used in this act means the Idaho public utilities commission.

[(61-102) 1913, ch. 61, sec. 2a, p. 248; reen. 1915, ch. 62, sec. 1a, p. 151; reen. 1917, ch. 128, sec. 1, subd. a, p. 430; reen. C.L. 106:2; C.S., sec. 2369; I.C.A., sec. 59-102; am. 1951, ch. 100, sec. 1, p. 225.]

§ 61-103 Commissioner

The term "commissioner" when used in this act means one of the members of the commission.

[(61-103) 1913, ch. 61, sec. 2b, p. 248; reen. 1915, ch. 62, sec. 1b, p. 151; reen. 1917, ch. 128, sec. 1, subd. b, p. 430; reen. C.L. 106:3; C.S., sec. 2370; I.C.A., sec. 59-103.]

§ 61-104 Corporation

The term "corporation" when used in this act includes a corporation, a company, an association and a joint stock association, but does not include a municipal corporation, or mutual nonprofit or cooperative gas, electrical, water or telephone corporation or any other public utility organized and operated for service at cost and not for profit, whether inside or outside the limits of incorporated cities, towns or villages.

[(61-104) 1913, ch. 61, sec. 2c, p. 248; am. 1915, ch. 62, sec. 1c, p. 151; am. 1917, ch. 128, sec. 1, subd. c, p. 430; reen. C.L. 106:4; C.S., sec. 2371; I.C.A., sec. 59-104.]

§ 61-105 Person

The term "person" when used in this act includes an individual, a firm and a copartnership.

[(61-105) 1913, ch. 61, sec. 2d, p. 248; reen. 1915, ch. 62, sec. 1d, p. 151; reen. 1917, ch. 128, sec. 1, subd. d, p. 430; reen. C.L. 106:5; C.S., sec. 2372; I.C.A., sec. 59-105.]

§ 61-106 Transportation of persons

The term "transportation of persons" when used in this act includes every service in connection with or incidental to the safety, comfort, or convenience of the person transported and the receipt, carriage and delivery of such person and his baggage.

[(61-106) 1913, ch. 61, sec. 2e, p. 248; am. 1915, ch. 62, sec. 1e, p. 151; am. 1917, ch. 128, sec. 1, subd. e, p. 430; reen. C.L. 106:6; C.S., sec. 2373; I.C.A., sec. 59-106.]

§ 61-107 Transportation of property

The term "transportation of property" when used in this act includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage, and handling, and the transmission of credit by express corporations.

[(61-107) 1913, ch. 61, sec. 2f, p. 248; reen. 1915, ch. 62, sec. 1f, p. 151; am. 1917, ch. 128, sec. 1, subd. f, p. 430; compiled and reen. C.L. 106:7; C.S., sec. 2374; I.C.A., sec. 59-107.]

§ 61-108 Street railroad

The term "street railroad" when used in this act includes every railway and each and every branch or extension thereof, by whatsoever power operated, being mainly upon, along, above or below any street, avenue, road, highway, bridge or public place within any city or county, or city or town, together with all real estate, fixtures and personal property of every kind and description used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property; but the term "street railroad" when used in this act shall not include a railway constituting or used as a part of a commercial or interurban railway.

[(61-108) 1913, ch. 61, sec. 2g, p. 248; am. 1915, ch. 62, sec. 1g, p. 151; am. 1917, ch. 128, sec. 1, subd. g, p. 430; compiled and reen. C.L. 106:8; C.S., sec. 2375; I.C.A., sec. 59-108.]

§ 61-109 Street railroad corporation

The term "street railroad corporation" when used in this act includes every corporation or person, their lessees, trustees, receivers, or trustees appointed by any court whatsoever, owning, controlling, operating or managing any street railroad for compensation within this state.

[(61-109) 1913, ch. 61, sec. 2h, p. 248; reen. 1915, ch. 62, sec. 1h, p. 152; reen. 1917, ch. 128, sec. 1, subd. h, p. 430; reen. C.L. 106:9; C.S., sec. 2376; I.C.A., sec. 59-109.]

§ 61-110 Railroad

The term "railroad" when used in this act includes every commercial, interurban and other railway other than a street railroad, and each and every branch or extension thereof, by whatsoever power operated, together with all tracks, bridges, trestles, rights of way, subways, stations, tunnels, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment, and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property.

[(61-110) 1913, ch. 61, sec. 2i, p. 248; reen. 1915, ch. 62, sec. 1i, p. 152; reen. 1917, ch. 128, sec. 1, subd. i, p. 430; reen. C.L. 106:10; C.S., sec. 2377; I.C.A., sec. 59-110.]

§ 61-111 Railroad corporation

The term "railroad corporation" when used in this act includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any railroad for compensation within this state.

[(61-111) 1913, ch. 61, sec. 2j, p. 248; reen. 1915, ch. 62, sec. 1j, p. 152; reen. 1917, ch. 128, sec. 1, subd. j, p. 430; reen. C.L. 106:11; C.S., sec. 2378; I.C.A., sec. 59-111.]

§ 61-112 Express corporation

The term "express corporation" when used in this act includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, engaged in or transacting the business of transporting any freight, merchandise or other property for compensation on the line of any common carrier or stage or auto stage line within this state.

[(61-112) 1913, ch. 61, sec. 2k, p. 248; am. 1915, ch. 62, sec. 1k, p. 152; am. 1917, ch. 128, subd. k, p. 430; reen. C.L. 106:12; C.S., sec. 2379; I.C.A., sec. 59-112.]

§ 61-113 Common carrier

The term "common carrier" when used in this act includes every railroad corporation, street railroad corporation, express corporation, dispatch, sleeping car, dining car, drawing room car, freight line, refrigerator, oil, stock, fruit, car loaning, car renting, car loading and every other car corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, operating for compensation within this state.

[(61-113) 1913, ch. 61, sec. 2 (l), p. 248; reen. 1915, ch. 62, sec. 1 (l), p. 152; reen. 1917, ch. 128, subd. l, p. 430; am. 1917, ch. 161, sec. 1 (l), p. 488; am. C.L. 106:13; am. 1919, ch. 172, sec. 1, p. 546; C.S., sec. 2380; I.C.A., sec. 59-113; am. 2010, ch. 167, sec. 1, p. 343.]

§ 61-114 Pipeline

(1) The term "pipeline" when used in this act includes all real estate, gathering lines, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the transmission, storage, distribution or delivery of natural gas or manufactured gas, crude oil or other fluid substances except water through pipelines.

(2) "Gathering lines" means fixtures, valves, pipes and other property used to transport, deliver or distribute natural gas, manufactured gas, natural gas condensate, crude oil or other petroleum products from a wellhead to a transmission line.

[(61-114) 1913, ch. 61, sec. 2m, p. 248; reen. 1915, ch. 62, sec. 1m, p. 152; reen. 1917, ch. 128, subd. m, p. 430; reen. C.L. 106:14; C.S., sec. 2381; I.C.A., sec. 59-114; am. 2012, ch. 72, sec. 1, p. 207; am. 2014, ch. 108, sec. 1, p. 315.]

§ 61-115 Pipeline corporation

The term "pipeline corporation" when used in this act includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any pipeline for compensation within this state.

[(61-115) 1913, ch. 61, sec. 2n, p. 248; reen. 1915, ch. 62, sec. 1n, p. 153; reen. 1917, ch. 128, subd. n, p. 430; reen. C.L. 106:15; C.S., sec. 2382; I.C.A., sec. 59-115.]

§ 61-116 Gas plant

The term "gas plant" when used in this act includes all real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the production, generation, transmission, delivery or furnishing of gas (natural or manufactured) for light, heat or power.

[(61-116) 1913, ch. 61, sec. 2o, p. 248; reen. 1915, ch. 62, sec. 1o, p. 153; reen. 1917, ch. 128, subd. o, p. 430; reen. C.L. 106:16; C.S., sec. 2383; I.C.A., sec. 59-116.]

§ 61-117 Gas corporation

The term "gas corporation" when used in this act includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any gas plant for compensation, within this state, except where gas is made or produced on and distributed by the maker or producer through private property alone solely for his own use or the use of his tenants and not for sale to others.

[(61-117) 1913, ch. 61, sec. 2p, p. 248; reen. 1915, ch. 62, sec. 1p, p. 153; reen. 1917, ch. 128, subd. p, p. 430; reen. C.L. 106:17; C.S., sec. 2384; I.C.A., sec. 59-117.]

§ 61-118 Electric plant

The term "electric plant" when used in this act includes all real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the production, generation, transmission, delivery or furnishing of electricity for light, heat or power, and all conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power.

[61-118, added 1913, ch. 61, sec. 2q, p. 248; am. 1915, ch. 62, sec. 1q, p. 153; am. 1917, ch. 128, subd. q, p. 430; reen. C.L. 106:18; C.S., sec. 2385; I.C.A., sec. 59-118.]

§ 61-119 Electrical corporation

The term "electrical corporation" when used in this act includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any electric plant for compensation within this state, except where the electricity is:

(1) Generated on or distributed by the producer through private property alone, solely for his own use or the use of his tenants and not for sale to others;

(2) Purchased from a public utility as defined in section 61-129, Idaho Code, to charge the batteries of an electric motor vehicle as provided by order or rule of the commission; or

(3) To be used exclusively in operations incident to the working of metalliferous mines and mining claims, mills, or reduction and smelting plants, and the transmission lines and distribution systems are owned by the consumer or where several consumers severally own their individual distribution systems and jointly own, in their own names or through a trustee, the transmission lines used in connection therewith and transmit such electricity, whether generated by themselves or procured from some other source, over such transmission lines and distribution systems without profit, and to be used for their private uses for the purposes aforesaid in places outside the limits of incorporated cities, towns and villages, and not for resale or public use, sale or distribution.

[(61-119) 1913, ch. 61, sec. 2r, p. 248; am. 1915, ch. 62, sec. 1r, p. 153; am. 1917, ch. 128, subd. r, p. 430; reen. C.L. 106:19; C.S., sec. 2386; I.C.A., sec. 59-119; am. 2015, ch. 221, sec. 1, p. 684.]

§ 61-120 Telephone line

The term "telephone line" when used in this act includes all conduits, ducts, poles, wires, cables, instruments and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated or managed in connection with or to facilitate communication by telephone, whether such communication is had with or without the use of transmission wires.

[(61-120) 1913, ch. 61, sec. 2s, p. 248; am. 1915, ch. 62, sec. 1s, p. 154; am. 1917; ch. 128, subd. s, p. 430; reen. C.L. 106:20; C.S., sec. 2387; I.C.A., sec. 59-120.]

§ 61-121 Telephone corporation — Telecommunication services

(1) The term "telephone corporation" when used in title 61, Idaho Code, means every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, providing telecommunication services for compensation within this state. Except as otherwise provided by statute, telephone corporations providing radio paging, mobile radio telecommunication services, answering services (including computerized or otherwise automated answering or voice message services), or one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service or surveying are exempt from any requirement of title 61, or chapter 6, title 62, Idaho Code, in the provision of such services.

(2) "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, lightwaves, or other electromagnetic means (which includes message telecommunication service and access service), which originate and terminate in this state, and are offered to or for the public, or some portion thereof, for compensation. Except as otherwise provided by statute, "telecommunication service" does not include the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection of such 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.

[(61-121) 1913, ch. 61, sec. 2t, p. 248; am. 1915, ch. 62, sec. 1t, p. 154; am. 1917, ch. 128, subd. t, p. 430; reen. C.L. 106:21; C.S., sec. 2388; I.C.A., sec. 59-121; am. 1983, ch. 172, sec. 2, p. 479; am. 1988, ch. 195, sec. 2, p. 368; am. 1999, ch. 114, sec. 1, p. 341.]

§ 61-124 Water system

The term "water system" when used in this act includes all reservoirs, tunnels, shafts, dams, dikes, headgates, pipes, flumes, canals, structures and appliances, and all other real estate, fixtures and personal property, owned, controlled, operated or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage, apportionment or measurement of water for power, irrigation, reclamation or manufacturing, or for municipal, domestic or other beneficial use for hire.

A water system which consists of a canal system, or irrigation project constructed pursuant to the act of congress known as the Carey act and the statutes of this state relating thereto, shall not be considered a public utility under the terms of this act, and neither such water system nor the corporation, company or association owning or managing the same shall be under the jurisdiction, control or regulation of the commission.

[(61-124) 1913, ch. 61, sec. 2w, p. 248; reen. 1915, ch. 62, sec. 1w, p. 154; reen. 1917, ch. 128, subd. w, p. 430; compiled and reen. C.L. 106:24; C.S., sec. 2391; I.C.A., sec. 59-124.]

§ 61-125 Water corporation

The term "water corporation" when used in this act includes every corporation or person, their lessees, trustees, receivers or trustees, appointed by any court whatsoever, owning, controlling, operating or managing any water system for compensation within this state.

[(61-125) 1913, ch. 61, sec. 2x, p. 248; reen. 1915, ch. 62, sec. 1x, p. 154; reen. 1917, ch. 128, subd. x, p. 430; reen. C.L. 106:25; C.S., sec. 2392; I.C.A., sec. 59-125.]

§ 61-129 Public utility

The term "public utility" when used in this act includes every common carrier, pipeline corporation, gas corporation, electrical corporation, telephone corporation and water corporation, as those terms are defined in this chapter and each thereof is hereby declared to be a public utility and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this act. The term "public utility" as used in this act shall cover cases:

(1) Where the service is performed and the commodity delivered directly to the public or some portion thereof, and where the service is performed or the commodity delivered to any corporation or corporations, or any person or persons, who in turn, either directly or indirectly or mediately or immediately, performs the services or delivers such commodity to or for the public or some portion thereof; and

(2) Where a pipeline corporation delivers the commodity to any corporation, person, their lessees, receivers or trustees regardless of whether it offers the pipeline service or commodity to the public or some portion thereof. Such pipeline shall be subject to the safety supervision and regulation of the commission only, unless and until such pipeline corporation makes application to the commission to be regulated generally as a public utility.

[(61-129) 1913, ch. 61, sec. 2bb, p. 248; am. 1915, ch. 62, sec. 1bb, p. 555; am. 1917, ch. 128, subd. bb, p. 430; reen. C.L. 106:29; C.S., sec. 2396; I.C.A., sec. 59-129; am. 1967, ch. 6, sec. 1, p. 9; am. 1982, ch. 5, sec. 2, p. 8; am. 2010, ch. 167, sec. 3, p. 344; am. 2012, ch. 72, sec. 2, p. 208; am. 2014, ch. 108, sec. 2, p. 315.]

§ 61-130 Reference to other statutes and laws

Wherever the words "public utilities commission of the state of Idaho," or the words "public utilities commission" or "commission," are used in the existing laws or statutes of the state of Idaho, or in any laws enacted at the thirty-first session of the legislature of the state of Idaho, with respect to the administration of the public utilities law and refer to and mean the public utilities commission of the state of Idaho, said words shall be read and construed to mean the Idaho public utilities commission created by this act.

[61-130, added 1951, ch. 100, sec. 4, p. 225.]

Chapter 2 Public Utilities Commission

§ 61-201 Creation — Appointment and term of office of members of the Idaho public utilities commission — Filling of vacancies

There is hereby created a state commission to be known and designated as the Idaho public utilities commission. The commission shall be comprised of three (3) members appointed by the governor, with the approval of the senate. Not more than two (2) members of said commission shall belong to the same political party. On the second Monday in January of each second year after 1963, the governor shall appoint one (1) commissioner for a six (6) year term. Whenever a vacancy in the office of commissioner shall occur, the governor shall forthwith appoint a qualified person to fill the same for the unexpired term. If any appointment is made during the recess of the legislature, it shall be subject to confirmation by the senate during its next ensuing session.

[(61-201) 1913, ch. 61, parts of sec.sec. 3a, 3b, p. 248; compiled and reen. C.L. 106:30; C.S., sec. 2397; I.C.A., sec. 59-201; am. 1951, ch. 100, sec. 2, p. 225; am. 1959, ch. 192, sec. 1, p. 423; am. 2025, ch. 20, sec. 6, p. 55.]

§ 61-202 Removal of commissioners

The governor may remove any one or more of said commissioners from office for dereliction of duty or corruption or incompetency upon filing with the secretary of the commission charges against such commissioner or commissioners, setting forth the grounds of such contemplated removal and giving an opportunity for such commissioner or commissioners to be heard in regard thereto.

[(61-202) 1913, ch. 61, sec. 3b, last part, p. 248; compiled and reen. C.L. 106:31; C.S., sec. 2398; I.C.A., sec. 59-202.]

§ 61-203 President

On the first Monday of April, 1981, and every two (2) years thereafter, the commissioners shall elect one (1) of their members to be president. Should the president be unable to fulfill his term because of death, resignation, absence, disability, removal from office or refusal to act, the commission shall elect one (1) of their members to be president for the remainder of the unexpired term.

[(61-203) 1913, ch. 61, sec. 3a, last part, p. 248; compiled and reen. C.L. 106:32; C.S., sec. 2399; I.C.A., sec. 59-203; am. 1981, ch. 11, sec. 1, p. 20.]

§ 61-204 Attorney general attorney of commission

It shall be the right and the duty of the attorney general to represent and appear for the people of the state of Idaho and the commission in all actions and proceedings involving any question under this act or under any order or act of the commission and, if directed to do so by the commission, to intervene, if possible, in any action or proceeding in which any such question is involved; to commence, prosecute, and expedite the final determination of all actions and proceedings directed or authorized by the commission; to advise the commission and each commissioner, when so requested, in regard to all matters connected with the powers and duties of the commission and the members thereof; and generally to perform all duties and service as attorney to the commission which the commission may require of him.

[(61-204) 1913, ch. 61, sec. 4, p. 248; reen. C.L. 106:33; C.S., sec. 2400; I.C.A., sec. 59-204.]

§ 61-205 Secretary — Appointment — Duties

The commission shall appoint a secretary, who shall hold office during its pleasure. It shall be the duty of the secretary to keep a full and true record of all proceedings of the commission, to issue all necessary process, writs, warrants and notices, and to perform such other duties as the commission may prescribe.

[(61-205) 1913, ch. 61, sec. 5, p. 248; reen. C.L. 106:34; C.S., sec. 2401; I.C.A., sec. 59-205.]

§ 61-206 Employees

(1) The commission shall have power to employ, during its pleasure, such officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees as it may deem necessary to carry out the provisions of this act or to perform the duties and exercise the powers conferred by law upon the commission.

(2) In addition to the number of nonclassified employees provided by other provisions of law, the commission shall have the authority to employ not more than three (3) nonclassified employees as regulatory policy strategists reporting directly to the commission and one (1) nonclassified pipeline safety specialist.

[(61-206) 1913, ch. 61, sec. 6, p. 248; reen. C.L. 106:35; C.S., sec. 2402; I.C.A., sec. 59-206; am. 1998, ch. 147, sec. 1, p. 517; am. 2001, ch. 108, sec. 1, p. 372.]

§ 61-207 Commissioners and employees — Oath — Qualifications — Restrictions on political activity

Each commissioner shall devote his entire time to the duties of his office and shall, together with each person appointed to a civil executive office by the commission, before entering upon the duties of his office, take and subscribe to an oath to the effect that he will support the Constitution of the United States and the state of Idaho, and faithfully and impartially discharge the duties of his office as required by law and that he is not interested directly or indirectly in any public utility embraced within the provisions of this act; or any of its stocks, bonds, mortgages, securities or earnings.

Each commissioner shall be a qualified elector of this state, and no person while in the employ of or holding any official relation to any corporation or person, which said corporation or person is subject in whole or in part to regulation by the commission, and no person owning stocks or bonds of any such corporation or who is in any manner pecuniarily interested therein shall be appointed to or hold the office of commissioner or be appointed or employed by the commission: provided, that if such person shall become the owner of such stocks or bonds or become pecuniarily interested in such corporation otherwise than voluntarily, he shall within a reasonable time divest himself of such ownership or interest; failing to do so, his office or employment shall become vacant.

No commissioner shall, directly or indirectly, while he is a member of said commission, take any part in politics by advocating or opposing the election, appointment or nomination of any person or persons to any office in the state of Idaho, excepting under officers in the commission, nor shall any commissioner seek appointment or election or nomination for any civil office in the state of Idaho, other than commissioner, while he is a member of said commission, nor shall any commissioner seek appointment, nomination or election to any civil office in the state of Idaho, other than that of commissioner, for a period of two (2) years from the date of the expiration of his term or after his resignation or removal from said office.

[(61-207) 1913, ch. 61, sec. 7, p. 248; reen. C.L. 106:36; C.S., sec. 2403; I.C.A., sec. 59-207.]

§ 61-208 Office and meetings

The office of the commission shall be in Ada county. The office shall be open Monday through Friday, 8:00 a.m. to 5:00 p.m., legal holidays and nonjudicial days excepted. The commission shall hold its session at least once in each calendar month and may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties. For the purpose of holding sessions in places other than the office of the commission, the commission shall have the power to rent quarters or offices, and the expense thereof and in connection therewith shall be paid in the same manner as the other expenses authorized by this act. The sessions of the commission shall be public.

[(61-208) 1913, ch. 61, sec. 8a, p. 248; reen. C.L. 106:37; C.S., sec. 2404; I.C.A., sec. 59-208; am. 2001, ch. 183, sec. 26, p. 637; am. 2025, ch. 20, sec. 7, p. 55.]

§ 61-209 Seal

The commission shall have a seal bearing the following inscription: "Idaho public utilities commission." The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct. All courts shall take judicial notice of said seal.

[(61-209) 1913, ch. 61, sec. 8b, p. 248; reen. C.L. 106:38; C.S., sec. 2405; I.C.A., sec. 59-209; am. 1951, ch. 100, sec. 3, p. 225.]

§ 61-210 Office equipment

The commission is authorized to procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus and appliances, and the same shall be paid for in the same manner as other expenses authorized by this act.

[(61-210) 1913, ch. 61, sec. 8c, p. 248; reen. C.L. 106:39; C.S., sec. 2406; I.C.A., sec. 59-210.]

§ 61-211 Quorum — Single commissioner or hearing examiner may hold investigation

A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission. No single vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. The act of the majority of the commissioners when in session as a board shall be deemed to be the act of the commission; but any investigation, inquiry or hearing which the commission has power to undertake or hold may be undertaken or held by or before any commissioner or hearing examiner designated for that purpose by the commission, and every finding, order or decision made by a commissioner or hearing examiner so designated, pursuant to such investigation, inquiry or hearing, when approved and confirmed by the commission and ordered filed in its office, shall be and be deemed to be the finding, order or decision of the commission. The commission may designate the hearing examiner to represent the commission in actions and proceedings in lieu of an attorney appointed by the attorney general under section 61-204, Idaho Code, as amended, in which event the attorney general will appoint only an attorney to represent the people of the state of Idaho.

[(61-211) 1913, ch. 61, sec. 9, p. 248; reen. C.L. 106:40; C.S., sec. 2407; I.C.A., sec. 59-211; am. 1965, ch. 125, sec. 1, p. 252.]

§ 61-212 Compensation of employees

All officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees of the commission shall receive such compensation as may be fixed by the commission. The salary or compensation of every person holding office or employment under this act shall be paid on regular pay periods from the funds appropriated for the use of the commission after being approved by the commission, upon claims therefor to be duly audited by the proper authority.

[(61-212) 1913, ch. 61, sec. 10a, p. 248; am. 1915, ch. 115, sec. 1, subd. a, p. 261; reen. C.L. 106:41; C.S., sec. 2408; am. 1923, ch. 99, sec. 1, p. 123; I.C.A., sec. 59-212; am. 1945, ch. 192, sec. 1, p. 300; am. 1967, ch. 400, sec. 1, p. 1206; am. 1969, ch. 409, sec. 1, p. 1134; am. 1973, ch. 277, sec. 1, p. 589; am. 1976, ch. 350, sec. 1, p. 1159; am. 1977, ch. 178, sec. 9, p. 463; am. 1978, ch. 305, sec. 1, p. 766.]

§ 61-213 Expenses — Audit and payment

All expense incurred by the commission pursuant to the provisions of this act, including the actual and necessary traveling and other expenses and disbursements of the commissioners, their officers and employees, incurred while on business of the commission, shall be paid from the funds appropriated for the use of the commission, after being approved by the commission upon claims therefor to be audited as provided by law.

[(61-213) 1913, ch. 61, sec. 10b, p. 248; reen. 1915, ch. 115, sec. 1, subd. b, p. 261; reen. C.L. 106:42; C.S., sec. 2409; I.C.A., sec. 59-213.]

§ 61-214 Annual report of commission

The commission shall make and submit to the governor on or before the first day of December of each year, a report containing a full and complete account of its transactions, and proceedings for the preceding fiscal year, ending June thirtieth, together with such other facts, suggestions, and recommendations as it may deem of value to the people of the state.

[(61-214) 1913, ch. 61, sec. 11, p. 248; reen. C.L. 106:43; C.S., sec. 2410; I.C.A., sec. 59-214.]

§ 61-215 Salaries of public utilities commissioners

Each member of the public utilities commission shall devote full time to the performance of his/her duties. Commencing on July 1, 2025, the annual salary of members of the public utilities commission shall be one hundred twenty-nine thousand six hundred forty-eight dollars ($129,648) and shall be paid from sources set by the legislature.

[61-215, added 1987, ch. 60, sec. 1, p. 108; am. 1990, ch. 115, sec. 1, p. 239; am. 1993, ch. 45, sec. 1, p. 117; am. 1998, ch. 358, sec. 2, p. 1121; am. 1999, ch. 18, sec. 1, p. 26; am. 2000, ch. 359, sec. 1, p. 1196; am. 2001, ch. 253, sec. 1, p. 918; am. 2004, ch. 281, sec. 1, p. 775; am. 2006, ch. 368, sec. 1, p. 1106; am. 2007, ch. 121, sec. 1, p. 370; am. 2008, ch. 285, sec. 1, p. 807; am. 2012, ch. 224, sec. 1, p. 610; am. 2014, ch. 316, sec. 1, p. 780; am. 2015, ch. 120, sec. 1, p. 305; am. 2016, ch. 247, sec. 1, p. 660; am. 2017, ch. 316, sec. 1, p. 831; am. 2018, ch. 174, sec. 3, p. 385; am. 2019, ch. 108, sec. 3, p. 365; am. 2020, ch. 119, sec. 3, p. 371; am. 2021, ch. 115, sec. 3, p. 358; am. 2022, ch. 243, sec. 1, p. 777; am. 2023, ch. 270, sec. 1, p. 812; am. 2024, ch. 245, sec. 1, p. 870; am. 2025, ch. 244, sec. 1, p. 1095.]

Chapter 3 Duties of Public Utilities

§ 61-301 Charges just and reasonable

All charges made, demanded or received by any public utility, or by any two (2) or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge made, demanded or received for such product or commodity or service is hereby prohibited and declared unlawful.

[(61-301) 1913, ch. 61, sec. 12a, p. 248; reen. C.L. 106:44; C.S., sec. 2411; I.C.A., sec. 59-301.]

§ 61-301A Requiring social security number — prohibited — EXCEPTION

No public utility shall require an applicant for any product or commodity furnished by the public utility or service rendered by the public utility to disclose more than four (4) digits of the applicant’s social security number prior to obtaining such product, commodity, or service. Provided, however, in the event the public utility uses an applicant’s full social security number for a credit check, such full social security number shall be deleted from the public utility’s records within ten (10) days of the credit check.

[61-301A, added 2024, ch. 272, sec. 1, p. 944.]

§ 61-302 Maintenance of adequate service

Every public utility shall furnish, provide and maintain such service, instrumentalities, equipment and facilities as shall promote the safety, health, comfort and convenience of its patrons, employees and the public, and as shall be in all respects adequate, efficient, just and reasonable.

[(61-302) 1913, ch. 61, sec. 12b, p. 248; reen. C.L. 106:45; C.S., sec. 2412; I.C.A., sec. 59-302.]

§ 61-303 Rules and regulations just and reasonable

All rules and regulations made by a public utility affecting or pertaining to its charges or service to the public shall be just and reasonable.

[(61-303) 1913, ch. 61, sec. 12c, p. 248; reen. C.L. 106:46; C.S., sec. 2413; I.C.A., sec. 59-303.]

§ 61-304 Schedules of common carriers — Contents — Posting — Form

Every common carrier shall file with the commission and shall print and keep open to the public inspection schedules showing the rates, fares, charge and classification for the transportation between termini within this state of persons and property from each point upon its route to all other points thereon and from all points upon its route to all points upon every other route leased, operated or controlled by it; and from each point on its route or upon any route leased, operated or controlled by it to all points upon the route of any other common carrier, whenever a through route and a joint rate shall have been established or ordered between any two (2) such points. If no joint rate over a through route has been established, the schedules of the several carriers in such through route shall show the separately established rates, fares, charges and classifications applicable to the through transportation.

The schedule printed as aforesaid shall plainly state the places between which such property and persons will be carried, and shall also contain the classification of passengers or property in force, and shall also state separately all terminal charges, storage charges, icing charges, and all other charges which the commission may require to be stated, all privileges or facilities granted or allowed, and all rules or regulations which may in any wise change, affect or determine any part, or the aggregate of, such rates, fares, charges and classifications, or the value of the various services rendered to the passenger, shipper or consignee. Subject to such rules and regulations as the commission may prescribe, such schedules shall be plainly printed in large type and a copy thereof shall be kept by every such carrier readily accessible to and for inspection by the public in every station or office of such carrier where passengers or property are respectively received for transportation when such station or office is in charge of an agent, and in every station or office of such carrier where passenger tickets or tickets for sleeping, parlor car or other train accommodations are sold or bills of lading or waybills or receipts for property issued. Any or all of such schedules kept as aforesaid shall be immediately produced by such carrier for inspection upon the demand of any person.

A notice printed in bold type and stating that such schedules are on file with the agent and open to inspection by any person, and that the agent will assist any person to determine from such schedules any rates, fares, rules, or regulations in force, shall be kept posted by the carrier in two (2) public and conspicuous places in every such station or office.

The form of every such schedule shall be prescribed by the commission and shall conform in the case of common carriers subject to the act of congress entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereof and supplementary thereto, as nearly as may be to the form of schedule prescribed by the interstate commerce commission under this act. When the schedules and classifications required by the said interstate commerce commission contain in whole or in part the information required by the provisions of this section, the posting, publishing and filing of a copy or copies of such schedules and classifications required by the interstate commerce commission shall be deemed a compliance with the requirements of this section in so far as such schedules and classifications contain the information required by this section, and any additional or different information may be posted, published and filed in a supplementary schedule.

[(61-304) 1913, ch. 61, sec. 13a, p. 248; compiled and reen. C.L. 106:47; C.S., sec. 2414; I.C.A., sec. 59-304.]

§ 61-305 Schedules of PUBLIC UTILITIES

Under such rules and regulations as the commission may prescribe, every public utility shall file with the commission within such time and in such form as the commission may designate and shall print and keep open to public inspection schedules showing all rates, rentals, charges and classifications collected or enforced, or to be collected or enforced, together with all rules, regulations, contracts, privileges and facilities that in any manner affect or relate to rates, rentals, classifications or service. The rates, rentals and charges shown on such schedules when filed by a public utility as to which the commission by this act acquires the power to fix any rates, rentals or charges shall not, within any portion of the territory as to which the commission acquires as to such public utility such power, exceed the rates, rentals or charges in effect on the second day of January 1913. The rates, rentals and charges shown on such schedules when filed by any public utility as to any territory as to which the commission does not by this act acquire as to such public utility such power shall not exceed the rates, rentals and charges in effect at the time the commission acquires as to such territory and as to such public utility the power to fix rates, rentals or charges. Nothing in this section shall prevent the commission from approving or fixing the rates, rentals or charges, from time to time, in excess or less than those shown by said schedules.

[(61-305) 1913, ch. 61, sec. 13b, p. 248; compiled and reen. C.L. 106:48; C.S., sec. 2415; I.C.A., sec. 59-305; am. 2025, ch. 20, sec. 9, p. 56.]

§ 61-306 Schedules — Change in form

The commission shall have the power, from time to time, in its discretion, to determine and prescribe by order such changes in the form of the schedules referred to in the two (2) preceding sections as it may find expedient, and to modify the requirements of any of its orders, rules or regulations in respect to any matter in this section referred to.

[(61-306) 1913, ch. 61, sec. 13c, p. 248; reen. C.L. 106:49; C.S., sec. 2416; I.C.A., sec. 59-306.]

§ 61-307 Schedules — Change in rate and service

Unless the commission otherwise orders, no change shall be made by any public utility in any rate, rental, charge or classification, or in any rule, regulation or contract relating to or affecting any rate, rental, charge, classification or service, or in any privilege or facility, except after thirty (30) days’ notice to the commission and to the public as herein provided. Such notice shall be given by filing with the commission and keeping open for public inspection new schedules stating plainly the change or changes to be made in the schedule or schedules then in force and the time when the change or changes will go into effect. The commission, for good cause shown, may allow changes without requiring the thirty (30) days’ notice herein provided for by an order specifying the changes so to be made and the time when they shall take effect and the manner in which they shall be filed and published. When any change is proposed in any rate, rental, charge or classification, or in any form of contract or agreement, or in any rule, regulation or contract relating to or affecting any rate, rental, charge, classification or service, or in any privilege or facility, attention shall be directed to such change on the schedule filed with the commission by some character to be designated by the commission immediately preceding or following the item.

[(61-307) 1913, ch. 61, sec. 14, p. 248; reen. C.L. 106:50; C.S., sec. 2417; I.C.A., sec. 59-307; am. 2025, ch. 20, sec. 10, p. 56.]

§ 61-308 Schedules — Joint rates

The names of the several public utilities that are parties to any joint tariff, rate, contract, classification or charge shall be specified in the schedule or schedules showing the same. Unless otherwise ordered by the commission, a schedule showing such joint tariff, rate, contract, classification or charge need be filed with the commission by only one (1) of the parties to it: provided, that there is also filed with the commission in such form as the commission may require a concurrence in such joint tariff rate, contract, classification or charge by each of the other parties thereto.

[(61-308) 1913, ch. 61, sec. 15, p. 248; compiled and reen. C.L. 106:51; C.S., sec. 2418; I.C.A., sec. 59-308; am. 2025, ch. 20, sec. 11, p. 57.]

§ 61-309 Schedules — Filing by common carriers a precedent to do business

No common carrier subject to the provisions of this act shall engage or participate in the transportation of persons or property, between points within this state, until its schedules of rates, fares, charges and classifications shall have been filed and published in accordance with the provisions of this act.

[(61-309) 1913, ch. 61, sec. 16a(1), p. 248; reen. 1915, ch. 113, sec. 1, subd. 16a(1), p. 257; compiled and reen. C.L. 106:52; C.S., sec. 2419; I.C.A., sec. 59-309.]

§ 61-310 Only schedule rates to be charged

No common carrier except as in this act otherwise provided shall charge, demand, collect or receive a greater or less or different compensation for the transportation of persons or property, or for any service in connection therewith than the rates, fares and charges applicable to such transportation as specified in its schedules filed and in effect at the time; nor shall any such carrier refund or remit in any manner or by any device any portion of the rates, fares or charges so specified except upon order of the commission as hereinafter provided, nor extend to any corporation or person any privilege or facility in the transportation of passengers or property except such as are regularly and uniformly extended to all corporations and persons.

[(61-310) 1913, ch. 61, sec. 16a(2), p. 248; reen. 1915, ch. 113, sec. 1, subd. 16a(2), p. 258; reen. C.L. 106:53; C.S., sec. 2420; I.C.A., sec. 59-310.]

§ 61-311 Passes — Restricted to certain persons

No common carrier shall directly or indirectly issue or give any free ticket, free pass or free transportation for passengers except to its employees and their families, its officers, agents, surgeons, physicians and attorneys at law; to ministers of religion, traveling secretaries of railroad Young Men’s Christian Associations, inmates of hospitals and charitable and eleemosynary institutions and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute and homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of national homes or state homes for disabled volunteer soldiers, and of soldiers’ and sailors’ homes, including those about to enter and those returning home after discharge; to veterans of the civil war; to necessary caretakers of livestock, poultry, milk and fruit; to employees on sleeping cars, express cars and to linemen of telegraph and telephone companies; to railway mail service employees, post-office inspectors, customs inspectors and immigration inspectors; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the common carrier is interested; to persons injured in wrecks and physicians and nurses attending such persons: provided, that this provision shall not be construed to prohibit the interchange of passes for the officers, agents and employees of common carriers, and their families, nor to prohibit any common carrier from carrying passengers free with the object of providing relief in cases of general epidemic, pestilence or other calamitous visitations: provided further, that these provisions shall not be construed to prohibit the privilege of passes or franks, or the exchange thereof, with each other, for the officers, agents, employees, and their families, of telegraph, telephone and cable lines, and the officers, agents, employees, and their families of common carriers, subject to the provisions of this act: provided further, that the term "employees" as used in this paragraph shall include furloughed, pensioned and superannuated employees, persons who have become disabled or infirm in the service of any such common carrier, and the remains of a person killed in the employment of a carrier, and exemployees traveling for the purpose of entering the service of any such common carrier, and the term "families" as used in this paragraph shall include the families of those persons named in this proviso; also the families of persons killed, and the widows during widowhood and the minor children during minority, of persons who died while in the service of any such common carrier: provided further, that nothing herein contained shall prevent the issuance of mileage and commutation tickets or excursion passenger tickets: provided further, that nothing in this section shall be construed to prevent the issuance of free or reduced transportation by any street railroad company for mail carriers or policemen or members of fire departments of any municipality or other department of the government: provided further, that it shall also be lawful for any common carrier to issue a free ticket or other form of transportation to former employees who have been in the employ of such common carrier for a period of not less than twenty (20) years and to those dependent upon such former employees.

[(61-311) 1913, ch. 61, sec. 16a(3), p. 248; am. 1915, ch. 113, sec. 1, subd. 16a(3), p. 258; compiled and reen. C.L. 106:54; C.S., sec. 2421; am. 1923, ch. 68, sec. 1, p. 74; I.C.A., sec. 59-311.]

§ 61-312 Property handled free — Reduced rates for dependents

Nothing in this act shall prevent the carriage, storage or handling of property free or at reduced rates for the United States, state, county or municipal governments, or for charitable purposes, or for relief in cases of general epidemic, pestilence or other calamitous visitation, or property to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation, or the issuance of mileage, excursion or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the national homes or state homes for disabled volunteer soldiers, and of soldiers’ and sailors’ orphan homes, including those about to enter and those returning home after discharge, under arrangements with the boards of managers of said homes, or to veterans of the civil war; nothing in this act shall be construed to prevent a common carrier from transporting, storing or handling free or at reduced rates the household goods and personal effects of its employees, or persons entering or leaving its service, and of persons killed or dying while in its service, or exchanging passes or tickets with other railroad companies for their officers and employees; nothing in this act shall prevent the issuance of joint interchangeable mileage tickets, with special privileges as to the amount of free baggage that may be carried under such mileage tickets: provided further, that passenger transportation may issue to the proprietors and employees of newspapers and magazines and the members of their immediate families, in exchange for advertising space in such newspapers or magazines at full rates, subject, however, to such reasonable restrictions as the commission may impose.

[(61-312) 1913, ch. 61, sec. 16a(4), p. 248; am. 1915, ch. 113, sec. 1, subd. 16a(4), p. 259; reen. C.L. 106:57; C.S., sec. 2424; I.C.A., sec. 59-312.]

§ 61-313 Schedule charges only permitted

Except as in this act otherwise provided, no public utility shall charge, demand, collect or receive a greater or lesser or different compensation from any product or commodity furnished or to be furnished or for any service rendered or to be rendered than the rates, rentals and charges applicable to such product or commodity or service as specified in its schedules on file and in effect at the time, nor shall any such public utility refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates, rentals and charges so specified nor extend to any corporation or person any form of contract or agreement or any rule or regulation of any facility or privilege except such as are specified in such schedules and as are regularly and uniformly extended to all corporations and persons: provided, that messages by telephone or cable, subject to the provisions of this act, may be classified by the utility into day, night, repeated, unrepeated, letter, commercial, press, government and such other classes of messages: provided further, that nothing in this chapter shall be construed to prevent telephone and cable companies from entering into contract with common carriers for the exchange of service at rates common to all common carriers of like class.

[(61-313) 1913, ch. 61, sec. 16b, p. 248; reen. 1915, ch. 113, sec. 1, subd. 16b, p. 260; reen. C.L. 106:58; C.S., sec. 2425; I.C.A., sec. 59-313; am. 1984, ch. 106, sec. 1, p. 247; am. 2017, ch. 58, sec. 31, p. 126; am. 2025, ch. 20, sec. 16, p. 57.]

§ 61-313A Existing agreements

(1) No public utility that purchases, acquires, combines with, or merges with another public utility shall fail to honor an agreement entered into between the predecessor utility and a developer, property owner, or public utility customer unless:

(a) The agreement has expired;

(b) More than five (5) years has passed since the purchase, acquisition, combination, or merger; or

(c) The parties mutually agree to change or terminate the agreement.

(2) The commission is authorized to investigate and resolve complaints under this section pursuant to section 61-503, Idaho Code. The commission shall take action on such a complaint within forty-five (45) days after receipt.

[61-313A, added 2024, ch. 45, sec. 1, p. 252.]

§ 61-314 Schedule of rates within and without state

Every telephone corporation shall print and file or cause to be filed with the commission schedules showing all rates, rentals, charges and classifications for the transmission of messages or conversations between all points within this state and all points without this state on its route and between all points within this state and all points without this state on every route leased, operated or controlled by it and between all points on its route or on any route leased, operated or controlled by it within this state and all points without this state on the route of any telephone corporation whenever a through route and joint rate shall have been established between any two (2) such points.

[(61-314) 1913, ch. 61, sec. 17, p. 248; reen. C.L. 106:59; C.S., sec. 2426; I.C.A., sec. 59-314; am. 1984, ch. 106, sec. 2, p. 247; am. 2025, ch. 20, sec. 17, p. 58.]

§ 61-315 Discrimination and preference prohibited

No public utility shall, as to rates, charges, service, facilities or in any other respect, make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage. No public utility shall establish or maintain any unreasonable difference as to rates, charges, service, facilities or in any other respect, either as between localities or as between classes of service. The commission shall have the power to determine any question of fact arising under this section.

[(61-315) 1913, ch. 61, sec. 18, p. 248; reen. C.L. 106:60; C.S., sec. 2427; I.C.A., sec. 59-315.]

§ 61-315A Certain inverted residential electrical rate structures prohibited — Expiration

All inverted rate structures imposed on residential electric customers which have not been formally approved by the commission prior to July 1, 1981, are hereby prohibited effective July 1, 1982. The prohibition provided herein shall automatically expire July 1, 1984, unless extended by further action of the legislature.

[61-315A, added 1982, ch. 370, sec. 1, p. 929.]

§ 61-316 Profits

Nothing in this act shall be taken to prohibit any public utility from itself profiting, to the extent permitted by the commission, from any economies, efficiencies or improvements which it may make, and from distributing by way of dividends or otherwise disposing of the profits to which it may be so entitled, and the commission is authorized to make or permit such arrangement or arrangements with any public utility as it may deem wise for the purpose of encouraging economies, efficiencies, or improvements and securing to the public utility making the same such portion, if any, of the profits thereof, as the commission may determine.

[61-316, added 1913, ch. 61, sec. 19, p. 248; reen. C.L. 106:61; C.S., sec. 2428; I.C.A., sec. 59-316.]

§ 61-317 Sliding scale of charges — Automatic adjustment

Nothing in this act shall be taken to prohibit a corporation or person engaged in the production, generation, transmission or furnishing of heat, light, water or power, or telephone service, from establishing a sliding scale of charges: provided, that a schedule showing such scale of charges shall first have been filed with the commission and such schedule and each rate set out therein approved by it. Nothing in this act shall be taken to prohibit any such corporation or person from entering into an arrangement for a fixed period for the automatic adjustment of charges for heat, light, water or power or telephone service, in relation to the dividends to be paid to stockholders of such corporation, or the profit to be realized by such person: provided, that a schedule showing the scale of charges under such arrangements shall first have been filed with the commission and such schedule and each rate set out therein approved by it. Nothing in this section shall prevent the commission from revoking its approval at any time and fixing other rates and charges for the product or commodity or service, as authorized by this act.

[61-317, added 1913, ch. 61, sec. 20, p. 248; reen. C.L. 106:62; C.S., sec. 2429; I.C.A., sec. 59-317; am. 1984, ch. 106, sec. 3, p. 248.]

§ 61-318 Interchange of traffic — Duty of establishing joint rates

Every common carrier shall afford all reasonable, proper and equal facilities for the prompt and efficient interchange and transfer of passengers, tonnage and cars, loaded or empty, between the lines owned, operated, controlled or leased by it, and the lines of every other common carrier, and shall make such interchange and transfer promptly without discrimination between shippers, passengers or carriers either as to compensation charged, service rendered or facilities afforded. Every railroad corporation shall receive from every other railroad corporation at any point of connection, freight cars of proper standard and in proper condition, and shall haul the same either to destination, if the destination be upon the lines owned, operated or controlled by such railroad corporation, or to a point of transfer according to route billed, if the destination be upon the line of some other railroad corporation.

Nothing in this section contained shall be construed as in any other wise limiting or modifying the duty of a common carrier to establish joint rates, fares and charges for the transportation of passengers and property over the lines owned, operated, controlled or leased by it and the lines of other common carriers nor as in any manner limiting or modifying the power of the commission to require the establishment of such joint rates, fares and charges.

[(61-318) 1913, ch. 61, sec. 21a, p. 248; reen. C.L. 106:63; C.S., sec. 2430; I.C.A., sec. 59-318.]

§ 61-319 Interchange of telephone messages

Every telephone corporation operating in this state shall receive, transmit, and deliver, without discrimination or delay, the conversations and messages of every other telephone corporation with whose line a physical connection may have been made, or ordered by the commission.

[(61-319) 1913, ch. 61, sec. 21b, p. 248; reen. C.L. 106:64; C.S., sec. 2431; I.C.A., sec. 59-319; am. 1984, ch. 106, sec. 4, p. 248.]

§ 61-320 False billing — Transportation at less than scheduled rates prohibited

No common carrier, or any officer or agent thereof, or any person acting for or employed by it, shall, by means of known false billing, classification, weight, weighing or report of weight, or by any other device or means, assist, suffer or permit any corporation or person to obtain transportation for any person or property between points within this state at less than the rates and fares then established and in force as shown by the schedules filed and in effect at the time. No person or corporation, or any officer, agent, or employee of a corporation shall, by means of false billing, false or incorrect classification, false weight or weighing, false representation as to contents or substances of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of a common carrier or any of its officers, agent or employees, seek to obtain or obtain such transportation for such property at less than the rates then established and in force therefor.

[(61-320) 1913, ch. 61, sec. 22a, p. 248; compiled and reen. C.L. 106:65; C.S., sec. 2432; I.C.A., sec. 59-320.]

§ 61-321 False claim for damages

No person or corporation, or any officer, agent or employee of a corporation, shall knowingly, directly or indirectly, by any false statement or representation as to cost or value, or the nature or extent of an injury, or by the use of any false billing, bill of lading, receipt, voucher, roll, accounts, claim, certificate, affidavit or deposition, or upon any false, fictitious or fraudulent statement or entry, obtain or attempt to obtain any allowance, rebate, or payment for damage in connection with or growing out of the transportation of persons or property, or an agreement to transport such persons or property, whether with or without the consent or connivance of a common carrier or any of its officers, agents or employees; nor shall any common carrier, or any officer, agent or employee thereof, knowingly pay or offer to pay any such allowance, rebate or claim for damage.

[(61-321) 1913, ch. 61, sec. 22b, p. 248; reen. C.L. 106:66; C.S. sec. 2433; I.C.A., sec. 59-321.]

§ 61-322 Long and short haul

No common carrier subject to the provisions of this act shall charge or receive any greater compensation in the aggregate for the transportation of persons or of a like kind of property for a shorter than for a longer distance over the same route or line in the same direction, within this state, the shorter being included within the longer distance, or charge any greater compensation as through rate than the aggregate to [of] the intermediate rates; but this shall not be construed as authorizing any such common carrier to charge or receive a greater compensation for a shorter than for a longer distance or haul over the same line or route in the same direction. Upon application to the commission such common carrier may, in special cases, after investigation, be authorized by the commission to charge less for a longer than for a shorter distance for the transportation of persons or property, and the commission may from time to time prescribe the extent to which such carrier may be relieved from the operation and requirements of this section.

[(61-322) 1913, ch. 61, sec. 23a, p. 248; reen. C.L. 106:67; C.S., sec. 2434; I.C.A., sec. 59-322.]

§ 61-323 Telephone companies — Long and short distance service

No telephone corporation subject to the provisions of this act shall charge or receive any greater compensation in the aggregate for the transmission of any long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction, within this state, the shorter being included within the longer distance, or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls subject to the provisions of this act; but this shall not be construed as authorizing any such telephone corporation to charge and receive as great a compensation for a shorter as for a longer distance. Upon the application to the commission a telephone corporation may, in special cases, after investigation, be authorized by the commission to charge less for a longer than for a shorter distance service for the transmission of messages or conversations, and the commission may from time to time prescribe the extent to which such telephone corporation may be relieved from the operation and requirements of this section.

[(61-323) 1913, ch. 61, sec. 23b, p. 248; reen. C.L. 106:68; C.S., sec. 2435; I.C.A., sec. 59-323; am. 1984, ch. 106, sec. 5, p. 248.]

§ 61-324 Railroads — Switch connection

Any railroad company subject to the provisions of this act, upon application of any lateral, branch line of railroad or of any shipper tendering traffic for transportation, shall construct, maintain and operate upon reasonable terms a switch connection with any such lateral, branch line of railroad or private sidetrack, which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety, and will furnish sufficient business to justify the construction and maintenance of the same; and shall furnish cars for the movement of such traffic to the best of its ability, without discrimination in favor of or against any such shipper.

[(61-324) 1913, ch. 61, sec. 24a, p. 248; reen. C.L. 106:69; C.S., sec. 2436; I.C.A., sec. 59-324.]

§ 61-325 Railroads — Spurs

Under the conditions specified in the proviso in section 61-324, every railroad corporation, upon the application of any corporation or person being a shipper or receiver or contemplated shipper or receiver of freight, or when ordered by the commission, shall construct upon its right of way a spur or spurs for the purpose of receiving and delivering freight thereby and shall receive and deliver freight thereby.

[(61-325) 1913, ch. 61, sec. 24b, p. 248; reen. C.L. 106:70; C.S., sec. 2437; I.C.A., sec. 59-325.]

§ 61-326 Street and interurban railroads — Fares — Transfers

No street or interurban railroad corporation shall charge, demand, collect or receive more than five cents (5¢) for one (1) continuous ride in the same general direction within the corporate limits of any city or village, except upon a showing before the commission that such greater charge is justified: provided, that until the decision of the commission upon such showing, a street or interurban railroad corporation may continue to demand, collect and receive the fare in effect on January 2, 1913, or at the time the commission acquires as to such corporation the power to fix fares within such city or village. Every street or interurban railroad corporation shall, upon such terms as the commission shall find to be just and reasonable, furnish to its passengers transfers entitling them to one (1) continuous trip in the same general direction over and upon the portions of its lines within the same city or village not reached by the originating car.

[(61-326) 1913, ch. 61, sec. 25, p. 248; reen. C.L. 106:71; C.S., sec. 2438; I.C.A., sec. 59-326.]

§ 61-327 Electric utility property — Acquisition by certain public agencies prohibited

No title to or interest in any public utility (as such term is defined in chapter 1, title 61, Idaho Code) property located in this state which is used in the generation, transmission, distribution or supply of electric power and energy to the public or any portion thereof, shall be transferred or transferable to, or acquired by, directly or indirectly, by any means or device whatsoever, any government or municipal corporation, quasi-municipal corporation, or governmental or political unit, subdivision or corporation, organized or existing under the laws of any other state; or any person, firm, association, corporation or organization acting as trustee, nominee, agent or representative for, or in concert or arrangement with, any such government or municipal corporation, quasi-municipal corporation, or governmental or political unit, subdivision or corporation; or any company, association, organization or corporation, organized or existing under the laws of this state or any other state, whose issued capital stock, or other evidence of ownership, membership or other interest therein, or in the property thereof, is owned or controlled, directly or indirectly, by any such government or municipal corporation, quasi-municipal corporation, or governmental or political unit, subdivision or corporation; or any company, association, organization or corporation, organized under the laws of any other state, not coming under or within the definition of an electric public utility or electrical corporation as contained in chapter 1, title 61, Idaho Code, and subject to the jurisdiction, regulation and control of the public utilities commission of the state of Idaho under the public utilities law of this state; provided, nothing herein shall prohibit the transfer of any such property by a public utility to a cooperative electrical corporation organized under the laws of another state, which has among its members mutual nonprofit or cooperative electrical corporations organized under the laws of the state of Idaho and doing business in this state, if such public utility has obtained authorization from the public utilities commission of the state of Idaho pursuant to section 61-328, Idaho Code.

[61-327, added 1951, ch. 3, sec. 1, p. 4; am. 1982, ch. 7, sec. 1, p. 10.]

§ 61-328 Electric utilities — Sale of property to be approved by commission

(1) No electric public utility or electrical corporation as defined in chapter 1, title 61, Idaho Code, owning, controlling or operating any property located in this state which is used in the generation, transmission, distribution or supply of electric power and energy to the public or any portion thereof, shall merge, sell, lease, assign or transfer, directly or indirectly, in any manner whatsoever, any such property or interest therein, or the operation, management or control thereof, or any certificate of convenience and necessity or franchise covering the same, except when authorized to do so by order of the public utilities commission.

(2) The electric public utility or electrical corporation shall file a verified application setting forth such facts as the commission shall prescribe or require. The commission shall issue a public notice and shall conduct a public hearing upon the application.

(3) Before authorizing the transaction, the public utilities commission shall find:

(a) That the transaction is consistent with the public interest;

(b) That the cost of and rates for supplying service will not be increased by reason of such transaction; and

(c) That the applicant for such acquisition or transfer has the bona fide intent and financial ability to operate and maintain said property in the public service.

The applicant shall bear the burden of showing that standards listed above have been satisfied.

(4) The commission shall have power to issue said authorization and order as prayed for, or to refuse to issue the same, or to issue such authorization and order with respect only to a part of the property involved. The commission shall include in any authorization or order the conditions required by the director of the department of water resources under section 42-1701(6), Idaho Code. The commission may attach to its authorization and order such other terms and conditions as in its judgment the public convenience and necessity may require.

[61-328, added 1951, ch. 3, sec. 2, p. 4; am. 2000, ch. 224, sec. 2, p. 620.]

§ 61-329 Unlawful transfer or acquisition — Escheat

Any such property or interest in property hereafter transferred or acquired in violation of this act shall escheat to the state of Idaho. The attorney general of the state shall institute proceedings in the district court of any county in which such property, or any portion thereof, is situated, to have such escheat adjudged and decreed. If the property is operating property, the court shall continue the operation thereof under a receiver appointed by and under the control and supervision of the court, pending final determination of the action and the sale and disposition of the property. When the court has entered judgment escheating the property to the state, the court shall thereupon order a sale of the property, or interest therein, in the same manner as prescribed by the laws of the state of Idaho for the sale of real estate under mortgage foreclosure. Out of the proceeds arising from such sale, any valid liens or claims of third parties shall be paid, and the balance shall be paid into the state treasury for the credit of the school fund.

[61-329, added 1951, ch. 3, sec. 3, p. 4.]

§ 61-330 Evasions of act — Conclusive presumptions

Every conveyance or transfer of property, or any interest therein, in violation of the provisions of this act, whether voluntary or involuntary, or though colorable in form, or if made with the intent or purpose to evade or avoid the provisions of this act, shall be void as to the state, and the property or interest thereby conveyed or transferred, shall escheat to the state as in this act provided. A conclusive presumption that the conveyance or transfer is made with the intent or purpose to evade or avoid the provisions of this act shall arise upon proof of any of the following facts:

a. The purchase, acquisition or taking of the property, or interest therein, in the name of a person or party other than persons or parties referred to in section 61-327, if the consideration is paid, guaranteed or otherwise secured, or agreed or understood to be paid, guaranteed or otherwise secured, directly or indirectly, by a government or municipal corporation, quasi-municipal corporation, or governmental or political unit, subdivision or corporation referred to in section 61-327.

b. The taking of the property in the name of a company, association, organization or corporation, if the shares of stock therein, or other evidence of ownership, membership or other interest therein, or in the property thereof, held by any government or municipal corporation, quasi-municipal corporation, or governmental or political unit, subdivision or corporation, or any other company, association, organization or corporation, referred to in section 61-327, together with such shares or other evidence of ownership, membership or interest held by others but paid for, guaranteed or otherwise secured, directly or indirectly, by any such government or municipal corporation, quasi-municipal corporation, or governmental or political unit, subdivision or corporation, amount to a majority of the issued stock or other evidence of ownership, membership or other interest therein, or in the property thereof.

c. The purchase, acquisition or holding of the majority of the issued stock, or other evidence of ownership, membership or other interest therein, or the voting control of any such stock or other evidence of ownership, membership or interest, either directly or indirectly, by any government or municipal corporation, quasi-municipal corporation, or governmental or political unit, subdivision or corporation, or any other company, association, organization or corporation, referred to in section 61-327, in any company, association, organization or corporation now or hereafter owning, holding or operating any property located in this state which is used in the generation, transmission, distribution or supply of electric power and energy to the public or any portion thereof.

The enumeration in this section of certain presumptions shall not be construed as to preclude other presumptions or inferences that reasonably may be made as to the existence of intent or purpose to evade or avoid the provisions of this act, or escheat as provided for herein.

[61-330, added 1951, ch. 3, sec. 4, p. 4.]

§ 61-331 Violation of act — Criminal penalty

If any person, or two (2) or more persons, act, negotiate, participate, attempt, arrange or conspire to make or effect, or to receive or take, a transfer of any real or personal property used for the purposes specified in section 61-327 or section 61-328, or of any interest therein, in violation of the prohibitions contained in section 61-327 or of any other provision of this act, each, any or all of such persons, upon conviction thereof, shall be punished by imprisonment in the county jail or state penitentiary not exceeding two (2) years or by a fine not exceeding $5000, or by both such fine and imprisonment.

[61-331, added 1951, ch. 3, sec. 5, p. 4.]

§ 61-332 Purpose of electric supplier stabilization act

(1) This act includes sections 61-332 through 61-334C, Idaho Code, and shall be referred to herein as "this act" and may be cited and referred to as the "Electric Supplier Stabilization Act."

(2) This act and its amendments are designed to promote harmony among and between electric suppliers furnishing electricity within the state of Idaho, prohibit the "pirating" of consumers of another electric supplier, discourage duplication of electric facilities, actively supervise certain conduct of electric suppliers as it relates to this act, and stabilize the territories and consumers served with electricity by such electric suppliers.

[61-332, added 1970, ch. 141, sec. 2, p. 417; am. 2000, (1st Ex. Sess.) ch. 1, sec. 2, p. 4; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 14, p. 9; am. 2001, ch. 29, sec. 3, p. 36.]

§ 61-332A Definitions for electric supplier stabilization act

As used in this act, unless the context requires otherwise:

(1) "Public utility" means an electric utility regulated by the Idaho public utilities commission.

(2) "Cooperative" means a cooperative corporation furnishing electric service in the state of Idaho to its consumer-members who own and operate the cooperative.

(3) "Municipality" means any municipal corporation or quasi-municipal corporation furnishing electric service to the consumers of the municipality in the state of Idaho.

(4) "Electric supplier" means any public utility, cooperative, or municipality supplying or intending to supply electric service to a consumer.

(5) "Electric service" means electricity furnished to an ultimate consumer by an electric supplier.

(6) "Consumer" is any person, firm, corporation, or other entity receiving or intending to receive electric service at a specific service entrance.

(7) "Service entrance" means the location on the consumer’s property where the consumer’s main disconnect switch, fuses or other disconnect equipment exists, and which are intended to provide the means of cutoff of the supply.

(8) "New service entrance" means a service entrance not previously served with electricity. A change, improvement, replacement, enlargement, or change in location of a service entrance shall not be deemed a "new service entrance" if utilized to serve any service or utilization equipment previously served with electricity from the former service entrance, but for the provisions of this act shall be deemed the former "service entrance." A change in consumer shall not be construed to make an existing service entrance a "new service entrance." A change, enlargement, or other modification of service or utilization equipment served from an existing service entrance shall not be construed to make it a "new service entrance."

(9) "Transmission line," for the purposes of this act, means any electric line of an electric supplier carrying a voltage of sixty-nine (69) KV or more.

(10) "Service line," for the purposes of this act, means any single or multi-phase electric line of an electric supplier used for carrying less than sixty-nine (69) KV and used or capable of use to provide electric service for a consumer.

(11) "Existing service line" means any electric service line in existence at the time of the event in question and constructed to supply a consumer that could be lawfully served by that electric supplier under this act. It shall not mean any service line constructed to obtain an advantage under this act, or to evade its purpose or terms.

(12) "Commission" means the Idaho public utilities commission.

[61-332A, added 1970, ch. 141, sec. 3, p. 417; am. 2000, (1st Ex. Sess.), ch. 1, sec. 3, p. 4; repealed and new section added 2000, (1st Ex. Sess.), secs. 13 and 15, p. 9; am. 2001, ch. 29, sec. 4, p. 37.]

§ 61-332B Electric supplier prohibited from serving consumers or former consumers of another electric supplier

No electric supplier shall supply or furnish electric service to any electric service entrance that is then or had at any time previously been lawfully connected for electric service to facilities of another electric supplier except as provided in this act.

[61-332B, added 1970, ch. 141, sec. 4, p. 417; am. 2000, (1st Ex. Sess.), ch. 1, sec. 4, p. 5; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 16, pp. 9 and 10; am. 2001, ch. 29, sec. 5, p. 38.]

§ 61-332C Provisions for selecting electric supplier for new electric service entrances

(1) In determining which electric supplier will provide electric service for a new service entrance, the following provisions will govern:

(a) If no electric supplier has an existing service line within one thousand three hundred twenty (1,320) feet of a new service entrance the consumer shall have the right of choice of electric supplier.

(b) If only one (1) electric supplier has an existing service line within one thousand three hundred twenty (1,320) feet of the new service entrance that electric supplier shall have the right to serve the consumer at the new service entrance.

(c) If more than one (1) electric supplier has an existing service line within one thousand three hundred twenty (1,320) feet of the new service entrance the electric supplier whose existing service line is nearest the new service entrance shall have the right to serve the consumer at the new service entrance.

(d) If more than one (1) electric supplier has an existing service line within one thousand three hundred twenty (1,320) feet of the new service entrance and it cannot be determined by proof which service line is nearest the new service entrance, then the consumer or an electric supplier shall petition the commission for an order determining which electric supplier is nearest the new service entrance.

(e) For purposes of this act distances shall mean the exact distance measured using standard land surveying practices as established by the board of professional engineers and land surveyors of the state of Idaho.

(2) No electric supplier shall construct or extend facilities, nor make any electric connections, nor permit any connection to be made from any of its facilities to any new service entrance nor shall it supply electric service to any new service entrance in violation of the provisions of this section, except as ordered by the commission pursuant to this act.

[61-332C, added 1970, ch. 141, sec. 5, p. 417; am. 2000, (1st Ex. Sess.), ch. 1, sec. 5, p. 6; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 17, pp. 9 and 11; am. 2001, ch. 29, sec. 6, p. 38.]

§ 61-332D Wheeling services

(1) An electric supplier shall not be required to provide wheeling service over its system if such service results in retail wheeling and/or a sham wholesale transaction.

(2) An electric supplier declining to furnish wheeling service pursuant to this section shall petition the commission for review of the electric supplier’s action in respect to a request for such service. The commission shall, upon notice and opportunity for hearing, review the electric supplier’s action for consistency with the purposes and provisions of this act, and issue an order in accordance with its finding, ordering either that the wheeling service shall, or shall not, be required.

[61-332D, added 2000, (1st Ex. Sess.), ch. 1, sec. 6, p. 7; repealed 2000, (1st Ex. Sess.), ch. 1, sec. 13, p. 9; am. 2001, ch. 29, sec. 7, p. 39.]

§ 61-333 Authorizing contracts among electric suppliers to resolve territories, consumers and to transfer facilities

(1) Any electric supplier may contract in writing with any other electric supplier for the purpose of allocating territories, consumers, and future consumers between the electric suppliers and designating which territories and consumers are to be served by which contracting electric supplier. The territories and consumers so allocated and designated may include all or any portion of the territories and consumers which are being served by any or all of the contracting electric suppliers at the time the contract is entered into, or which could be economically served by the then existing facilities of any contracting electric supplier, or by reasonable and economic extensions thereto. All such contracts shall be filed with the commission. The commission shall, after notice and opportunity for hearing, review and approve or reject contracts between cooperatives, between cooperatives and public utilities and between public utilities. The commission shall, after notice and opportunity for hearing, review and approve or reject contracts between municipalities and cooperatives, as well as between municipalities and public utilities, provided however, the commission shall have jurisdiction only over cooperatives and public utilities in such approvals. The commission shall approve such contracts only upon finding that the allocation of territories or consumers is in conformance with the provisions and purposes of this act.

(2) Any electric supplier may also contract in writing with any other electric supplier for the sale, exchange, transfer, or lease of equipment or facilities located within territory which is the subject of any allocation contracted for under subsection (1) of this section and any contract validly entered into and approved by the commission after notice and opportunity for hearing shall be binding and shall be legally enforceable pursuant to this act, or by any other remedy provided by law.

[61-333, added 1970, ch. 141, sec. 7, p. 417; am. 2000, (1st Ex. Sess.), ch. 1, sec. 7, p. 7; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 18, pp. 9 and 11; am. 2001, ch. 29, sec. 8, p. 39.]

§ 61-333A Increased area — Extension of service permitted

In the event an area hereafter shall be included as a result of incorporation or annexation within the boundaries of a city, town or village, any public utility and any cooperative association organized for the purpose of furnishing electric service to its members or consumers only, furnishing electric service or operating electric facilities in such area prior to such inclusion, shall, unless the municipality acquire such facilities pursuant to section 61-333B, Idaho Code, and subject to the provisions of sections 61-332B and 61-332C, Idaho Code, have the right to continue and extend the furnishing of electric services in such area, and to utilize public streets, alleys and thoroughfares, or such portion of such annexed area as is designated on the recorded plat for the installation of utilities, for such purpose. Such public utility or cooperative association shall comply with all lawful and reasonable safety requirements and the laws of the state of Idaho and nondiscriminatory ordinances of the city, town or village, as to the manner of constructing and maintaining electrical facilities therein.

[61-333A, added 1963, ch. 269, sec. 2, p. 685; am. 1970, ch. 141, sec. 8, p. 417.]

§ 61-333B Municipal corporation restricted in serving new area previously served by utility or cooperative association — Voluntary agreements — Election — Appeals

In the event the annexing municipality has been furnishing electric service to its residents at the time of such annexation, or thereafter commences the furnishing of such service to its residents, nothing in this chapter shall prevent such municipality from extending its service to the annexed or incorporated area, upon the payment of just compensation, as defined in section 7-711, Idaho Code, to such public utility or cooperative serving such area prior to annexation, for any property, real or personal, including damages to the remainder of the system, if any, of such cooperative or public utility, used in distribution, transmission or supply of electrical energy to such area prior to annexation. As used herein, just compensation shall include consideration of new installations necessarily made between the time of annexation or incorporation and final settlement.

Provided, however, in case the annexed area was previously served by a cooperative association, no extension shall be made by the municipal corporation, except upon the following conditions:

1. Until the terms and conditions of such extension, including just compensation therefor, have been finally determined by voluntary agreement between the annexing municipality and the servicing cooperative association, or

2. In the event that such voluntary agreement cannot be made within ninety (90) days of the date of incorporation or annexation of such territory served by such cooperative association, then the municipal corporation may, if so determined by unanimous vote of its governing body, submit to the qualified electors of such municipality upon a special ballot to be voted upon at the next regular election of such municipality, the question "Shall portions of the …. of …., Idaho which have heretofore been served electrical energy by …. become a part of the electrical system of the …. of …., Idaho. Said areas are generally known and described as follows: (Insert description)."

A majority of the votes cast on said special ballot must be in favor of the proposition in order to approve the transaction on the part of the municipal corporation. Further, the cooperative association shall submit either by mail or at an annual or special meeting to its members, at the same time of the municipal election above mentioned, the question of whether or not the board of such cooperative association be authorized to sell to the municipality upon payment of just compensation, to be agreed upon, or if agreement be not reached, upon compensation determined as provided hereinafter. A majority of the votes cast must be in favor of the proposition in order to approve the transaction on the part of the cooperative association. At least 15 days before the vote by the members of the cooperative association, the association shall submit to the municipality a list of members eligible to vote and the municipality is hereby authorized to submit to said members a written statement of the reasons for the transfer to electric service by the municipality.

If agreement cannot be reached upon the amount of just compensation, the matter shall be submitted to the district court of the county wherein the municipality is located pursuant to procedures of title 10, chapter 12, Idaho Code, for this purpose of fixing and determining the amount of just compensation as hereinbefore defined.

The court may appoint not more than two (2) experts to advise the court, and the costs of the action, including fees of such experts, shall be taxed equally to the parties.

Either party may appeal from the decision of the court in the same manner that other appeals are taken therefrom. No transfer of facilities shall be made until the amount of compensation has been finally determined and paid.

[61-333B, added 1963, ch. 269, sec. 3, p. 685.]

§ 61-333C Nonmunicipal service organizations prohibited from extending service

Nothing contained herein shall authorize any cooperative association or public utility having transmission lines presently within corporate limits of any municipal corporation, presently engaged in the sale of electrical energy to its citizens, to make any service connections within corporate limits of such municipal corporation from such transmission lines.

[61-333C, added 1963, ch. 269, sec. 4, p. 685.]

§ 61-334 Special rules of interpretation

Nothing contained in this act shall be construed to:

(1) Grant the commission jurisdiction over cooperatives or municipalities except as authorized in this act.

(2) Apply to controversies between two (2) or more public utilities.

(3) Preclude any electric supplier from extending electric service to its own property or facilities or to another electric supplier for resale, provided any line extension made under this clause shall not be considered in determining the right of electric suppliers to serve new service entrances under section 61-332C, Idaho Code.

(4) Abrogate or limit the authority of any municipality under any other statute or law with respect to the municipality providing electricity to the municipality or the consumers of the municipality within the boundaries of the municipality.

[61-334, added 1970, ch. 141 sec. 10, p. 417; am. 2000, (1st Ex. Sess.), ch. 1, sec. 8, p. 7; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 19, pp. 9 and 12; am. 2001, ch. 29, sec. 9, p. 40.]

§ 61-334A Remedies for violation of this act

(1) Any electric supplier or consumer whose rights under this act shall be violated or threatened with violation may file a complaint with the commission against an electric supplier and any other person responsible for the violation.

(2) After notice and opportunity for hearing, the commission shall make findings of fact and conclusions of law determining whether this act or any orders issued under this act have been violated or threatened to be violated and shall determine whether there is actual or threatened irreparable injury as to the electric supplier or consumer whose rights are violated or threatened with violation as a basis for granting relief.

(3) The relief to be granted under this section for violation of this act shall forbid further acts in violation of such orders, shall order the removal of any electric connections, facilities or equipment that constitute the violation, or a combination thereof necessary to enforce compliance with this act.

[(61-334A) 61-334B, added 1970, ch. 141, sec. 12, p. 417; am. and redesig. 2000, (1st Ex. Sess.). ch. 1, sec. 10, p. 8; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 20, pp. 9 and 12; am. and redesig. 2001, ch. 29, sec. 11, p. 40.]

§ 61-334B Commission supervision and authority

(1) Upon a petition by an electric supplier or consumer for an exception to the provisions of section 61-332B or 61-332C(1)(a), (b) or (c), Idaho Code, the commission shall issue an order granting such request only upon finding that granting the request is consistent with the purposes of this act as set forth in section 61-332, Idaho Code.

(2) The commission shall have power to issue authorizations and orders requested under this act, or to refuse to issue the same, and may attach to any authorization and order as a condition of approval such terms and conditions as it determines are consistent with the purposes and provisions of this act.

(3) In all matters arising under this act, which are submitted to the commission for decision, order or review, the procedure shall be governed by chapters 6 and 7, title 61, Idaho Code, and the commission’s rules of procedure. Reconsideration of, appeal from, enforcement of, and stay of orders issued pursuant to this act shall be governed by law as for other orders of the commission in other matters.

[61-334B, added 2000, (1st Ex. Sess.), ch. 1, sec. 11, p. 8; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 21, pp. 9 and 12; repealed and new section added 2001, ch. 29, secs. 1 and 12, pp. 36 and 41.]

§ 61-334C Electric supplier immunity

No action under the Idaho competition act, chapter 1, title 48, Idaho Code, or any other provision or doctrine of law of the state of Idaho shall lie against an electric supplier for action or inaction that is in compliance with the provisions of this act or any commission order issued pursuant to this act.

[61-334C, added 2000, (1st Ex. Sess.), ch. 1, sec. 12, p. 9; repealed 2000, (1st Ex. Sess.), ch. 1, sec. 13, p. 9; repealed and new section added 2001, ch. 29, sec. 13, p. 41.]

§ 61-335 New large load and ratepayer protection

(1) For the purposes of this section:

(a) "Electric service" means electricity furnished to an ultimate consumer by a public utility.

(b) "Increase in a cumulative power requirement" means the maximum contracted demand, expressed in megawatts, measured relative to the highest contracted demand of such service entrance in the previous sixty (60) month period.

(c) "New large load" means any electrical load associated with a new service entrance, any additional electric service associated with a change, enlargement, or other modification of a service entrance, or the utilization of an existing service entrance that:

(i) Results in an increase in a cumulative power requirement of such service entrance of fifty (50) megawatts or more in any consecutive sixty (60) month period; and

(ii) Is subject to a service contract with a public utility that was entered into on or after July 1, 2026.

(d) "No harm test" means an assessment by the public utilities commission to determine the impact a new large load will have on the rates of existing utility customers.

(e) The following terms shall have the same meaning as provided for in section 61-332A, Idaho Code:

(i) "Commission";

(ii) "Consumer";

(iii) "New service entrance";

(iv) "Public utility"; and

(v) "Service entrance."

(2) A public utility shall provide service to a new large load only pursuant to a commission-approved service contract.

(3) A public utility shall file the service contract with the commission for approval prior to providing service to a new large load. Such filing shall include a no harm test and other supporting information sufficient to demonstrate compliance with the requirements of this section.

(4) The commission shall review and approve or deny a new large load service contract within two hundred seventy (270) days of receiving such filing by the public utility. The commission shall approve the service contract if the public utility demonstrates that:

(a) It is reasonably expected to maintain the same or higher level of service quality and reliability available to the public utility’s other customers as would have been reasonably expected to exist had the public utility not served the new large load; and

(b) The new large load is responsible for funding its full cost of service, including its share of generation, transmission, substation, and distribution infrastructure investments that would not be placed in service or be required by the public utility but for the new large load. Such investments may be directly assigned or allocated in part as may be determined by the commission pursuant to this section.

(5) A new large load shall not change its status as such by means of artifice, such as by splitting its load among more than one (1) electric service entrance or by adding additional connections, meters, or new service entrances to serve an otherwise single entity or enterprise.

(6) Approval of a service contract shall be conditioned on the new large load furnishing financial security, in a form and amount approved by the commission, that is reasonably sufficient to protect the public utility and its other customers from the risk of stranded costs, unrecoverable costs, or unrecoverable investments incurred by the public utility in reliance on the new large load’s contracted power requirement.

(7)(a) In each general rate case filed by a public utility, the commission shall review the rates, charges, and cost recovery mechanisms applicable to an approved service contract as part of a comprehensive public utility cost study to ensure the new large load is assigned its full cost of service.

(b) The commission may, if necessary, prospectively adjust the applicable rates, charges, and cost recovery mechanisms pursuant to this section.

(8)(a) The commission shall issue orders setting forth guidance or other requirements necessary to implement the provisions of this section and to provide reasonable assurance that new large loads will not cause the rates charged to the public utility’s other customers to increase.

(b) The commission shall have the jurisdiction to resolve all disputes arising under this section.

(9) Providing electric service pursuant to this section shall not be construed to:

(a) Be a grant of preference or advantage;

(b) Subject any person or corporation to any prejudice or disadvantage; or

(c) Establish or maintain any unreasonable difference in rates, charges, or services in any respect.

[61-335, added 2026, ch. 335, sec. 1, p. 1315.]

§ 61-336 Additional authorities of electrical or natural gas corporations

The commission may authorize any public utility that is an electrical or natural gas corporation to file and place into effect schedules establishing rates or charges for energy conservation measures, services or payments provided to individual property owners or customers. Application of the schedule shall be subject to agreement between the public utility and the property owner or customer receiving service at the time the conservation measures, services or payments are initially provided. The schedule may include provisions for the payment of the rates or charges over a period of time and for the application of the payment obligation to successive property owners or customers at the premises where the conservation measures or services were installed or performed or with respect to which the conservation payments were made. The public utility shall record a notice of the payment obligation with the county recorder in the county where the property is located. The commission may prescribe by rule other methods by which the public utility shall notify property owners or customers of any such payment obligation.

[61-336, added 1993, ch. 218, sec. 1, p. 683.]

§ 61-337 Fish and wildlife mitigation information

(1) On and after July 1, 2004, each electric utility with one thousand (1,000) customers or more may provide information in its bills to its customers regarding the percentage of the electric utility’s costs of supplying electric energy to its customers which is utilized for fish and wildlife mitigation purposes on the electric utility’s system.

(2) On and after July 1, 2004, each cooperative and municipality furnishing electric service, as those terms are defined in section 61-332A, Idaho Code, (excepting a cooperative that serves less than one thousand (1,000) customers and also serves consumers in other states) may provide information on its bills to its customers of the percentage cost of fish and wildlife mitigation included in the cost of electric energy sold to the cooperative or municipality’s customers.

(3) Annually, at a time at the discretion of the utility or entity, a statement shall be posted on the utility’s or entity’s website detailing to whom and the amount spent on fish and wildlife mitigation by the utility or entity for the most recent fiscal year.

[61-337, added 2004, ch. 161, sec. 1, p. 528.]

Chapter 4 Reports by Public Utilities

§ 61-401 Information to be furnished

Every public utility shall furnish to the commission, in such form and such detail as the commission shall prescribe, all tabulations, computations and all other information required by it to carry into effect any of the provisions of this act and shall make answers to the best of their knowledge, to all questions submitted by the commission.

[(61-401) 1913, ch. 61, sec. 26a, p. 248; reen. C.L. 106:76; C.S., sec. 2443; I.C.A., sec. 59-401.]

§ 61-402 Inventory of physical properties

(1) Every public utility, except railroad corporations, shall file with the commission an inventory of all its physical properties within the state, designating the exact location of its property within the several counties of the state; such inventory shall show in detail the cost of construction together with the depreciation charges incident thereto since construction, or may show the cost of replacement of such properties, if in the opinion of the commission the original cost and depreciation charges cannot be obtained; provided, that in the event any public utility refuses or neglects to file such inventory, or the inventory so filed is inaccurate, the commission may send its agents upon the ground and make an inventory as desired by the commission. The entire cost of making such inventory by the agents of the commission shall be paid by the public utility from its profit and loss account and shall not be charged to operating expenses, and such payment shall be made to the treasurer of the state, who shall deposit the same to the credit of the fund provided for the engineering department of said commission.

(2) Every public utility shall file new, amended, or supplemental inventories at such times as the commission may require.

[(61-402) C.L. 106:76a, added 1919, ch. 179, sec. 1, p. 556; C.S., sec. 2444; I.C.A., sec. 59-402; am. 2025, ch. 20, sec. 21, p. 58.]

§ 61-403 Blanks — Filling out by utility

Every public utility receiving from the commission any blanks, with directions to fill the same, shall cause the same to be properly filled out so as to answer fully and correctly each question propounded therein; in case it is unable to answer any question, it shall give a good and sufficient reason for such failure.

[(61-403) 1913, ch. 61, sec. 26b, p. 248; reen. C.L. 106:77; C.S., sec. 2445; I.C.A., sec. 59-403.]

§ 61-404 Copies of maps and records to be furnished

Whenever required by the commission every public utility shall deliver to the commission copies of any and all maps, profiles, contracts, agreements, franchises, reports, books, accounts, papers and records in its possession or in any way relating to its property or affecting its business containing evidence relating to the merits of or pertinent to the hearing of any issue pending before the commission.

[(61-404) 1913, ch. 61, sec. 26c, p. 248; reen. C.L. 106:78; C.S., sec. 2446; I.C.A., sec. 59-404.]

§ 61-405 Annual report

Every public utility shall file an annual report with the commission, verified by the oath of an officer thereof. The verification shall be to the best of said official’s knowledge, information and belief. The commission shall prescribe the form of such report and the character of the information to be contained therein, and may from time to time make such changes and such additions in regard to the form and contents thereof as it may deem proper, and on or before January first in each year shall furnish a blank form for such annual reports to every public utility. The contents of such reports and the form thereof shall conform, as nearly as may be, in the case of public utility subject to an act of congress, entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereof and supplementary thereto, to that required by the interstate commerce commission; and the commission may also require the report to contain such additional information as is reasonably practicable for the public utility to furnish in relation to rates or regulations concerning fares, rates, agreements or contracts affecting the same, so far as such rates or regulations pertain to transportation within this state. In case it is unable to give such information, it shall give a good and sufficient reason for such failure. When the report of such corporation is defective, or believed to be erroneous, the commission shall notify the corporation or person to amend the same within the time prescribed by the commission. The originals of the reports subscribed to and sworn to as prescribed by law, shall be filed on or before the fifteenth day of April in each year and preserved in the office of the commission. The commission may extend the time for making and filing such report for a period not exceeding sixty (60) days.

Provided, that the commission may in its discretion, prescribe an abbreviated or modified form for such annual report, to be used by persons or corporations who operate or control any plant or system for distributing electric current but who do not generate such current, or by persons or corporations who operate on a small scale or serve a small community of persons.

[(61-405) 1913, ch. 61, sec. 27, p. 248; am. 1915, ch. 101, sec. 1, p. 239; compiled and reen. C.L. 106:80; C.S., sec. 2448; I.C.A., sec. 59-405; am. 1953, ch. 71, sec. 1, p. 92.]

§ 61-406 Compliance with commission’s orders

Every public utility shall obey and comply with each and every requirement of every order, decision, direction, rule or regulation made or prescribed by the commission in the matters herein specified, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation by all of its officers, agents and employees.

[(61-406) 1913, ch. 61, sec. 28, p. 248; reen. C.L. 106:81; C.S., sec. 2449; I.C.A., sec. 59-406.]

Chapter 5 Powers and Duties of Public Utilities Commission

§ 61-501 Investment of authority

The public utilities commission is hereby vested with power and jurisdiction to supervise and regulate every public utility in the state and to do all things necessary to carry out the spirit and intent of the provisions of this act.

[(61-501) 1913, ch. 61, sec. 29, p. 248; reen. C.L. 106:82; C.S., sec. 2450; I.C.A., sec. 59-501.]

§ 61-502 Determination of rates

Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that the rates, rentals, charges or classifications, or any of them, demanded, observed, charged or collected by any public utility for any service or product or commodity, or in connection therewith, including the rates or fares for excursions or commutation tickets, or that the rules, regulations, practices, or contracts, or any of them, affecting such rates, rentals, charges or classifications, or any of them, are unjust, unreasonable, discriminatory or preferential, or in any way in violation of any provision of law, or that such rates, rentals, charges or classifications are insufficient, the commission shall determine the just, reasonable or sufficient rates, rentals, charges, classifications, rules, regulations, practices or contracts to be thereafter observed and in force and shall fix the same by order as hereinafter provided and shall, under such rules and regulations as the commission may prescribe, fix the reasonable maximum rates to be charged for water by any public utility coming within the provisions of this act relating to the sale of water.

[(61-502) 1913, ch. 61, sec. 30(a), p. 248; reen. C.L. 106:83; C.S., sec. 2451; I.C.A., sec. 59-502; am. 2025, ch. 20, sec. 22, p. 58.]

§ 61-502A Restriction on rates authorizing return on property not providing utility service

Except upon its explicit finding that the public interest will be served thereby, the commission is hereby prohibited in any order issued after the effective date of this act, from setting rates for any utility that grants a return on construction work in progress or property held for future use and which is not currently used and useful in providing utility service. Except as authorized by this section, any rates granting a return on construction work in progress or property held for future use are hereby declared to be unjust, unreasonable, unfair, unlawful and illegal. When construction work in progress is excluded from the rate base, the commission must allow a just, fair and reasonable allowance for funds used during construction or similar account to be accumulated, computed in accordance with generally accepted accounting principles. If the commission sets rates for any utility including a return on property held for future use and subsequently determines that such property is not needed to provide utility service, then the commission shall determine whether any gain or loss occurring from the sale or other disposition of the property may be included in the utility’s rates.

[61-502A, added 1984, ch. 21, sec. 1, p. 24; am. 2006, ch. 107, sec. 1, p. 300.]

§ 61-502B Allocation of gain upon sale of water right

The gain upon sale of a public utility’s water right used for the generation of electricity shall accrue to the benefit of the ratepayers.

[61-502B, added 1985, ch. 16, sec. 1, p. 22.]

§ 61-503 Power to investigate and fix rates and regulations

The commission shall have power, upon a hearing, had upon its own motion or upon complaint, to investigate a single rate, rental, charge, classification, rule, regulation, contract or practice, or any number thereof, or the entire schedule or schedules of rates, rentals, charges, classifications, rules, regulations, contracts or practices, or any thereof, of any public utility and to establish new rates, rentals, charges, classifications, rules, regulations, contracts or practices or schedule or schedules in lieu thereof.

[(61-503) 1913, ch. 61, sec. 30(b), p. 248; reen. C.L. 106:84; C.S., sec. 2452; I.C.A., sec. 59-503; am. 2025, ch. 20, sec. 23, p. 59.]

§ 61-504 Establishment of through route and joint rate

Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that the rates, fares or charges in force over two (2) or more common carriers, between any two (2) points in this state, are unjust, unreasonable or excessive, or that no satisfactory through route or joint rate, fare or charge exists between such points, and that the public convenience and necessity demand the establishment of a through route and joint rate, fare or charge between such points, the commission may order such common carriers to establish such through route and may establish and fix a joint rate, fare or charge which will be fair, just and reasonable and sufficient to be followed, charged, enforced, demanded and collected in the future and the terms and conditions under which such through route shall be operated. In case the common carriers do not agree upon the division between them of the joint rates, fares or charges established by the commission over such through routes, the commission shall, after hearing, by supplemental order, establish such division. The commission shall have the power to establish and fix through routes and joint rates, fares or charges over stage or auto lines and to fix the division of such joint rates, fares or charges.

[(61-504) 1913, ch. 61, sec. 31, p. 248; reen. C.L. 106:85; C.S., sec. 2453; I.C.A., sec. 59-504.]

§ 61-505 Joint hearings and investigations — Reciprocity — Contracts with regulatory agencies of neighboring states

(1) The commission shall have full power and authority to make joint investigations, hold joint hearings within or without the state of Idaho with any official, board, commission, or agency of any state or of the United States, whether in the holding of the investigations or hearings the commission shall function under agreements or compacts between states or under the concurrent power of states to regulate the interstate commerce, or as an agency of the federal government, or otherwise.

(2) The commission shall have full power and authority to contract with the regulatory agencies of neighboring states to hold hearings and set rates and charges for customers in Idaho located in or nearby border communities served by utilities principally located in states other than Idaho. These contracts may have a term that extends beyond the terms of the current commissioners.

(3) The commission shall have this authority under subsection (2) of this section only if it finds that:

(a) The affected Idaho residents live in or nearby a border community that is or may be served by a utility principally located in a state other than Idaho;

(b) The provision of utility service to such a community by a utility located principally in a state other than Idaho is in the public interest;

(c) It is impractical or not in the public interest to conduct proceedings for these affected Idaho residents separate from proceedings conducted by the regulatory agency of the neighboring state for rate payers of that utility located in that state;

(d) The affected Idaho residents have full rights of participation in the hearings conducted by the regulatory agency with which the commission has contracted, as well as the same rights that customers in the neighboring state have to pursue service-related issues; and

(e) The rates, charges and service regulations for Idaho customers are not less favorable than those of similarly situated customers in the neighboring state.

(4) When the commission has entered into a contract authorized in subsection (2) of this section, the findings, decisions and orders of the regulatory agency of the neighboring state are presumptively correct and will take effect according to the terms of the order of the regulatory agency of the neighboring state. Affected Idaho customers may petition the commission for a review of the contract or the rates set under the contract upon a showing that:

(a) All remedies with the neighboring state’s utility have been exhausted;

(b) All remedies with the neighboring state’s regulatory agency with which the commission has signed a contract have been exhausted; and

(c) Idaho customers have been discriminatorily, preferentially or otherwise unlawfully treated by the regulatory agency of the neighboring state.

The commission, upon its preliminary finding that rates set by the regulatory agency of the neighboring state are prima facie discriminatory, preferential or otherwise unlawful, and that all remedies with the neighboring state’s utility and commission have been exhausted, may initiate proceedings to review the decision of the regulatory agency of the neighboring state. Any subsequent order of the commission altering the decision of the regulatory agency of the neighboring state will be of prospective effect only.

(5) The contract authorized in subsection (2) of this section, may be revoked if the commission finds that the affected Idaho residents have been unreasonably, discriminatorily, preferentially or otherwise unlawfully treated by the neighboring state’s regulatory agency.

[(61-505) 1929, ch. 29, sec. 1, p. 31; I.C.A., sec. 59-505; rep. and reen. 1969, ch. 229, sec. 1, p. 737; am. 1982, ch. 258, sec. 1, p. 669; am. 1990, ch. 79, sec. 1, p. 161.]

§ 61-506 Interstate rates

The commission shall have the power to investigate all existing or proposed interstate rates, rentals, charges and classifications, and all rules and regulations and practices in relation thereto, for or in relation to property or the transmission of messages or conversations, where any act in relation thereto shall take place within this state; and when the same are, in the opinion of the commission, excessive or discriminatory or in violation of the act of congress entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereof and supplementary thereto, or of any other act of congress, or in conflict with the rulings, orders or regulations of the interstate commerce commission, the commission may apply by petition or otherwise to the interstate commerce commission or to any court of competent jurisdiction for relief.

[(61-506) 1913, ch. 61, sec. 32, p. 248; reen. C.L. 106:86; C.S., sec. 2454; I.C.A., sec. 59-506; am. 2025, ch. 20, sec. 25, p. 59.]

§ 61-507 Determination of rules and regulations

The commission shall prescribe rules and regulations for the performance of any service or the furnishings of any commodity of the character furnished or supplied by any public utility, and, on proper demand and tender of rates, such public utility shall furnish such commodity or render such service within the time and upon the conditions provided in such rules.

[(61-607) 1913, ch. 61, sec. 33, p. 248; reen. C.L. 106:87; C.S., sec. 2455; I.C.A., sec. 59-507.]

§ 61-508 Improvements may be ordered — Cost

Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that additions, extensions, repairs or improvements to or changes in the existing plant, scales, equipment, apparatus, facilities or other physical property of any public utility or of any two (2) or more public utilities ought reasonably to be made, or that a new structure or structures should be erected, to promote the security or convenience of its employees or the public, or in any other way to secure adequate service or facilities, the commission shall make and serve an order directing such additions, extensions, repairs, improvements, or changes be made or such structure or structures be erected in the manner and within the time specified in said order. If any additions, extensions, repairs, improvements or changes, or any new structure or structures which the commission has ordered to be erected, requires joint action by two (2) or more public utilities the commission shall notify the said public utilities that such additions, extensions, repairs, improvements or changes or new structure or structures have been ordered and that the same shall be made at the joint cost, whereupon the said public utilities shall have such reasonable time as the commission may grant within which to agree upon the portion or division of cost of such additions, extensions, repairs, improvements or changes or new structure or structures, which each shall bear. If at the expiration of such time, such public utilities shall fail to file with the commission a statement that an agreement has been made for a division or apportionment of the cost or expense of such additions, extensions, repairs, improvements or changes, or new structures or structure, the commission shall have authority, after further hearing, to make an order fixing the proportion of such cost or expense to be borne by each public utility and the manner in which the same shall be paid or secured.

[(61-508) 1913, ch. 61, sec. 34, p. 248; reen. C.L. 106:88; C.S., sec. 2456; I.C.A., sec. 59-508.]

§ 61-509 Regulation of train and street car service

Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that any railroad corporation or street railroad corporation does not run a sufficient number of trains or cars, or possess or operate sufficient motive power, reasonably to accommodate the traffic, passenger or freight, transported by or offered for transportation to it, or does not run its trains or cars with sufficient frequency or at a reasonable or proper time having regard to safety, or does not stop the same at proper places, or does not run any train or trains, car or cars upon a reasonable time schedule for the run, the commission shall have the power to make an order directing any such railroad corporation or street railroad corporation to increase the number of its trains or of its cars or its motive power or to change the time for starting its trains or cars, to change the time schedule for the run of any train or car, or to change the stopping place or places thereof or to make any other order that the commission may determine to be reasonably necessary to accommodate and transport the traffic, passenger or freight, transported or offered for transportation.

[(61-509) 1913, ch. 61, sec. 35, p. 248; reen. C.L. 106:89; C.S., sec. 2457; I.C.A., sec. 59-509.]

§ 61-510 Railroad service — Physical connections

Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that the public convenience and necessity would be subserved by having connections made between the tracks of any two (2) or more railroad or street railroad corporations, so that the cars may readily be transferred from one to the other, at any of the points hereinafter in this section specified, the commission may order any two (2) or more such corporations owning, controlling, operating, or managing tracks of the same gauge to make physical connections at any and all crossings, and at all points where a railroad or street railroad shall begin or terminate or run near to any other railroad or street railroad. After the necessary franchise or permit has been secured from the city and county, or city or town, the commission may likewise order such physical connection, within such city and county, or city or town, between two (2) or more railroads which enter the limits of the same. The commission shall by order direct whether the expense of the connections referred to in this section shall be borne jointly or otherwise.

[(61-510) 1913, ch. 61, sec. 36, p. 248; reen. C.L. 106:90; C.S., sec. 2458; I.C.A., sec. 59-510.]

§ 61-511 Railroad service — Spurs and switch connections

Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that application has been made by any corporation or person to a railroad corporation for a connection or spur as provided in sections 61-324 and 61-325, and that the railroad corporation has refused to provide such connection or spur and that the applicant is entitled to have the same provided for him under said sections, the commission shall make an order requiring the providing of such connection or spur and the maintenance and use of the same upon reasonable terms which the commission shall have the power to prescribe. Whenever any such connection or spur has been so provided any corporation or persons shall be entitled to connect with the private track, tracks or railroad thereby connected with the railroad of the railroad corporation and to use the same or to use the spur so provided upon payment to the person or persons incurring the primary expense of such private track, tracks or railroad, or the connection therewith or of such spur, of a reasonable proportion of the cost thereof to be determined by the commission, after notice to the interested parties and a hearing thereon: provided, that such connection and use can be made without unreasonable interference with the rights of the party or parties incurring such primary expense.

[(61-511) 1913, ch. 61, sec. 37a, p. 248; compiled and reen. C.L. 106:91; C.S., sec. 2459; I.C.A., sec. 59-511.]

§ 61-512 Railroad service — Cars of connecting railroad

The commission shall likewise have the power to require any railroad corporation to switch to private spurs and industrial tracks upon its own railroad the cars of a connecting railroad corporation and to prescribe reasonable terms and compensation for such service.

[(61-512) 1913, ch. 61, sec. 37b, p. 248; reen. C.L. 106:92; C.S., sec. 2460; I.C.A., sec. 59-512.]

§ 61-513 Telephone companies — Physical connections

Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that a physical connection can reasonably be made between the lines of two (2) or more telephone corporations whose lines can be made to form a continuous line of communication, by the construction and maintenance of suitable connections for the transfer of messages or conversations, and that public convenience or necessity will be subserved thereby, or shall find that two (2) or more telephone corporations have failed to establish joint rates, tolls or charges for service by or over their said lines and that joint rates, tolls or charges ought to be established, the commission may, by its order, require that such connections be made, and that conversations be transmitted and messages transferred over such connection under such rules and regulations as the commission may establish, and prescribe through lines and joint rates, tolls and charges to be made, and to be used, observed and in force in the future. If such telephone corporations do not agree upon the division between them of the cost of said physical connections or connections of the division of the joint rates, tolls or charges established by the commission over such through lines, the commission shall have authority after further hearing, to establish such division by supplemental order.

[(61-513) 1913, ch. 61, sec. 38, p. 248; compiled and reen. C.L. 106:93; C.S., sec. 2461; I.C.A., sec. 59-513; am. 1984, ch. 106, sec. 6, p. 249.]

§ 61-514 Joint use of plant and equipment

Whenever the commission, after a hearing had upon its own motion or upon complaint of a public utility affected, shall find that public convenience and necessity require the use by one (1) public utility of the conduits, subways, tracks, wires, poles, pipes or other equipment, or any part thereof, on, over or under any street or highway, and belonging to another public utility, and that such use will not result in irreparable injury to the owner or other users of such conduits, subways, tracks, wires, poles, pipes or other equipment or in any substantial detriment to the service, and that such public utilities have failed to agree upon such use or the terms and conditions or compensation for the same, the commission may by order direct that such use be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for the joint use. If such use be directed, the public utility to whom the use is permitted shall be liable to the owner, or other users of such conduits, subways, tracks, wires, poles, pipes or other equipment for such damage as may result therefrom to the property of such owner or other users thereof.

[(61-514) 1913, ch. 61, sec. 39, p. 248; compiled and reen. C.L. 106:94; C.S., sec. 2462; I.C.A., sec. 59-514.]

§ 61-515 Safety regulations

The commission shall have the power, after a hearing had upon its own motion or upon complaint, by general or special orders, or regulations, or otherwise, to require every public utility to maintain and operate its line, plant, system, equipment, apparatus and premises in such manner as to promote and safeguard the health and safety of its employees, customers and the public, and to this end to prescribe the installation, use, maintenance and operation of appropriate safety or other devices or appliances, to establish uniform or other standards of equipment, and to require the performance of any other act which the health or safety of its employees, customers or the public may demand.

[(61-515) 1913, ch. 61, sec. 40, p. 248; reen. C.L. 106:95; C.S., sec. 2463; I.C.A., sec. 59-515; am. 1979, ch. 218, sec. 1, p. 603.]

§ 61-515A Safety and sanitary equipment and conditions

Every person operating a common carrier railroad in this state shall equip each locomotive and caboose used in train or a yard switching service and every car used in passenger service with a first aid kit of a type approved by the commission, which kit shall be plainly marked and be readily visible and accessible and be maintained in a fully equipped condition.

Each locomotive, caboose and change room shall be furnished with sanitary cups and sanitary ice-cooled or refrigerated drinking water.

Each locomotive, caboose and change room shall be maintained in a safe and sanitary condition at all times.

For the purpose of this section a "locomotive" shall include all railroad engines propelled by any form of energy and used in rail line haul or yard switching service.

[61-515A, added 1971, ch. 72, sec. 1, p. 167.]

§ 61-516 Priority designation for electric transmission projects

(1) The legislature finds that the timely review and permitting of electric transmission facilities is critical to the well-being of the citizens and the economy of this state and the region. The legislature further finds that enactment of this section is necessary to promote the public interest. The purpose of this section is for the public utilities commission to determine whether the construction of electric transmission facilities should be designated to receive priority processing by state agencies. This section is not intended to affect a state agency’s decision-making authority to approve, deny or condition an application to construct electric transmission facilities.

(2) For purposes of this section the following definitions shall apply:

(a) "Electric transmission facilities" means the construction of high voltage transmission lines with an operating level capacity of two hundred thirty thousand (230,000) volts or more and associated substations and switchyards.

(b) "State agency" means every state department, division, commission or board.

(3) Any person intending to construct eligible electric transmission facilities in Idaho may file an application with the public utilities commission seeking priority designation. An order granting priority designation shall not constitute regulatory approval or bind any state agency. If the commission issues an order granting priority designation, state agencies subsequently involved in the permitting or siting processes for such electric transmission facilities shall be required to give the application priority or immediate attention as it relates to reviews, permits, reports, studies or comments.

(4) In reviewing an application for priority designation, the public utilities commission shall base its findings on whether the proposed construction of electric transmission facilities will:

(a) Benefit Idaho customers and the Idaho economy;

(b) Improve electric transmission capacity and reliability in Idaho and the region; and

(c) Promote the public interest.

(5) Applications for priority designation filed with the public utilities commission shall be governed by the commission’s rules of administrative procedure. The commission may promulgate administrative rules in compliance with chapter 52, title 67, Idaho Code, or may issue procedural orders necessary to implement this section.

[61-516, added 2009, ch. 9, sec. 1, p. 11.]

§ 61-517 Accidents — Investigation — Order or recommendation of commission — Report by utility

The commission shall investigate the cause of all accidents occurring within this state upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the commission, investigation by it, and shall have the power to make such order or recommendation with respect thereto as in its judgment may seem just and reasonable: provided, that neither the order or recommendation of the commission, nor any accident report filed with the commission, shall be admitted as evidence in any action for damages based on or arising out of the loss of life, or injury to person or property in this section referred to. Every public utility is hereby required to file with the commission, under such rules and regulations as the commission may prescribe, a report of each accident so occurring of such kinds or classes as the commission may from time to time designate.

[(61-517) 1913, ch. 61, sec. 42, p. 248; compiled and reen. C.L. 106:97; C.S., sec. 2465; I.C.A., sec. 59-517.]

§ 61-518 Railroad service — Furnishing cars

Every railroad company shall, upon reasonable notice, furnish to all persons or corporations who may apply therefor and offer property for transportation, sufficient and suitable cars for the transportation of such property in carload lots. In case at any time a railroad company has not sufficient cars to meet all the requirements for transportation of property in carload lots, all cars available for such purpose shall be distributed among the several applicants therefor without unjust discrimination between shippers, localities or competitive or noncompetitive points, but preference may always be given in the supplying of cars for shipment of live stock or perishable property.

[(61-518) 1913, ch. 61, sec. 43a, p. 248; reen. C.L. 106:98; C.S., sec. 2466; I.C.A., sec. 59-518.]

§ 61-519 Express service — Delivery of telephone messages

The commission shall also have power to provide the time within which express packages shall be received, gathered, transported and delivered at destination and the limits within which express packages shall be gathered and distributed and telephone messages delivered without extra charge.

[(61-519) 1913, ch. 61, sec. 43b, p. 248; reen. C.L. 106:99; C.S., sec. 2467; I.C.A., sec. 59-519; am. 1984, ch. 106, sec. 7, p. 249.]

§ 61-520 Service of electric, gas, and water corporations — Determination of standards

The commission shall have power, after hearing had upon its own motion or upon complaint, to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements or service to be furnished, imposed, observed and followed by all electrical, gas and water corporations; to ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, initial voltage or other condition pertaining to the supply of the product, commodity or service furnished or rendered by any such public utility; to prescribe reasonable regulations for the examination and testing of such product, commodity or service and for the measurement thereof; to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements; and to provide for the examination and testing of any and all appliances used for the measurement of any product, commodity or service of any such public utility.

[(61-520) 1913, ch. 61, sec. 44a, p. 248; reen. C.L. 106:100; C.S., sec. 2468; I.C.A., sec. 59-520.]

§ 61-521 Authority to enter premises

The commissioners and their officers and employees shall have power to enter upon any premises occupied by any public utility, for the purpose of making the examinations and tests and exercising any of the other powers provided for in this act, and to set up and use on such premises any apparatus and appliances necessary therefor. The agents and employees of such public utility shall have the right to be present at the making of such examination and tests.

[(61-521) 1913, ch. 61, sec. 44b, p. 248; reen. C.L. 106:101; C.S., sec. 2469; I.C.A., sec. 59-521.]

§ 61-522 Consumer may have commodity or appliance tested

Any consumer or user of any product, commodity or service of a public utility may have any appliance used in the measurement thereof tested upon paying the fees fixed by the commission. The commission shall establish and fix reasonable fees to be paid for testing such appliances on the request of the consumer or user, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance is found defective or incorrect to the disadvantage of the consumer or user under such rules and regulations as may be prescribed by the commission.

[(61-522) 1913, ch. 61, sec. 44c, p. 248; reen. C.L. 106:102; C.S., sec. 2470; I.C.A., sec. 59-522.]

§ 61-523 Valuation

The commission shall have power to ascertain the value of the property of every public utility in this state and every fact which, in its judgment, may or does have any bearing on such value. The commission shall have power to make revaluations from time to time and to ascertain all new construction, extensions and additions to the property of every public utility.

[(61-523) 1913, ch. 61, sec. 45, p. 248; reen. C.L. 106:103; C.S., sec. 2471; I.C.A., sec. 59-523.]

§ 61-524 System of accounts

The commission shall have power to establish a system of accounts to be kept by the public utilities subject to its jurisdiction, or to classify said public utilities and to establish a system of accounts for each class and to prescribe the manner in which such accounts shall be kept: provided, that the system of accounts to be kept by railroad corporations and common carriers shall conform to the rules and requirements of the interstate commerce commission in all respects. It may also in its discretion prescribe the forms of accounts, records and memoranda to be kept by such public utilities, including the accounts, records and memoranda of the movement of traffic as well as the receipts and expenditures of moneys, and any other forms, records and memoranda which in the judgment of the commission may be necessary to carry out any of the provisions of this act.

The systems of accounts established by the commission and the forms of accounts, records and memoranda prescribed by it shall not be inconsistent, in the case of corporations subject to the provisions of the act of congress entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereto, with the systems and forms from time to time established for such corporations by the interstate commerce commission.

Where the commission has prescribed the forms of accounts, records or memoranda to be kept by any public utility not subject to the provisions of the act of congress entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereto, for any of its business, it shall thereafter be unlawful for such public utility to keep any accounts, records or memoranda for such business other than those so prescribed, or those prescribed by or under the authority of any other state or of the United States, excepting such accounts, records or memoranda as shall be explanatory of and supplemental to the accounts, records or memoranda prescribed by the commission.

[(61-524) 1913, ch. 61, sec. 46, p. 248; reen. C.L. 106:104; C.S., sec. 2472; I.C.A., sec. 59-524.]

§ 61-525 Depreciation account

The commission shall have power, after hearing, to require any or all public utilities, except such as are subject to the act of congress entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereof and supplementary thereto, to carry a proper and adequate depreciation account in accordance with such rules, regulations and forms of accounts as the commission may prescribe. The commission may from time to time ascertain and determine and by order fix the proper and adequate rate of depreciation of the several classes of property of each public utility. Each public utility shall conform its depreciation accounts to the rates so ascertained, determined and fixed, and shall set aside the moneys so provided for out of the earnings and carry the same in a depreciation fund and expend such fund only for such purposes and under such rules and regulations, both as to original expenditure and subsequent replacement as the commission may prescribe. The income from investments of moneys in such public fund shall likewise be carried in such fund.

[(61-525) 1913, ch. 61, sec. 47, p. 248; reen. C.L. 106:105; C.S., sec. 2473; I.C.A., sec. 59-525.]

§ 61-526 Certificate of convenience and necessity

No street railroad corporation, gas corporation, electrical corporation, telephone corporation or water corporation, shall henceforth begin the construction of a street railroad, or of a line, plant, or system or of any extension of such street railroad, or line, plant, or system, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require such construction: provided, that this section shall not be construed to require such corporation to secure such certificate for an extension within any city or county, within which it shall have theretofore lawfully commenced operation, or for an extension into territory whether within or without a city or county, contiguous to its street railroad, or line, plant or system, and not theretofore served by a public utility of like character, or for an extension within or to territory already served by it necessary in the ordinary course of its business: and provided further, that if any public utility in constructing or extending its lines, plant or system, shall interfere or be about to interfere with the operation of the line, plant or system of any other public utility already constructed, or if public convenience and necessity does not require or will require such construction or extension, the commission on complaint of the public utility claiming to be injuriously affected, or on the commission’s own motion, may, after hearing, make such order and prescribe such terms and conditions for the locating or type of the line, plant or system affected as to it may seem just and reasonable: provided, that power companies may, without such certificate, increase the capacity of their existing generating plants.

[(61-526) 1913, ch. 61, sec. 48a, p. 248; substantially reen. 1915, ch. 62, sec. 2, subd. 48a, p. 155; reen. C.L., 106:106, C.S., sec. 2474; I.C.A., sec. 59-526; am. 1970, ch. 134, sec. 1, p. 327.]

§ 61-527 Certificate of convenience and necessity — Exercise of right or franchise

No public utility of a class specified in the foregoing section shall henceforth exercise any right or privilege, or obtain a franchise, or permit, to exercise such right or privilege, from a municipality or county, without having first obtained from the commission a certificate that the public convenience and necessity require the exercise of such right and privilege: provided, that when the commission shall find, after hearing, that the public utility has heretofore begun actual construction work, and is prosecuting such work in good faith, uninterruptedly, and with reasonable diligence in proportion to the magnitude of the undertaking, under any franchise or permit heretofore granted, but not heretofore actually exercised, such public utility may proceed to the completion of such work and may after such completion exercise such right and privilege: provided further, that this section shall not be construed to validate any right or privilege now invalid or hereafter becoming invalid under any law of this state, nor impair any vested right in any franchise or permit heretofore granted.

[(61-527) 1913, ch. 61, sec. 48b, p. 248; substantially reen. 1915, ch. 62, sec. 2, subd. 48b, p. 156; reen. C.L. 106:107; C.S., sec. 2475; I.C.A., sec. 59-527.]

§ 61-528 Certificate of convenience and necessity — Conditions

Before any certificate of convenience and necessity may issue a certified copy of its articles of incorporation, or charter, if the applicant be a corporation, shall be filed in the office of the commission. The commission shall have power, after hearing involving the financial ability and good faith of the applicant and necessity of additional service in the community to issue said certificate as prayed for, or to refuse to issue the same, or to issue it for the construction of any portion only of the contemplated street railroad, line, plant or system or extension thereof, or for the partial exercise only of said right or privilege, and may attach to the exercise of the rights granted by said certificate, such terms and conditions as in its judgment the public convenience and necessity may require.

[(61-528) 1913, ch. 61, sec. 48c, p. 248; am. 1915, ch. 62, sec. 2, subd. 48c, p. 156; compiled and reen. C.L. 106:108; C.S., sec. 2476; I.C.A., sec. 59-528.]

§ 61-529 Certificate of convenience and necessity — Electricity exclusively for mines excepted

No certificate of convenience and necessity shall be required under any provision of this act where the electricity is to be used exclusively in operations incident to the working of metalliferous mines and mining claims, mills, or reduction and smelting plants, and the transmission lines and distribution systems are owned by the consumer or where several consumers severally own their individual distribution systems and jointly own, in their own names or through a trustee, the transmission lines used in connection therewith and transmit such electricity, whether generated by themselves or procured from some other source, over such transmission lines and distribution systems without profit, and to be used for their private uses for the purposes aforesaid in places outside the limits of incorporated cities, towns and villages, and not for resale or public use, sale or distribution.

[(61-529) 1913, ch. 61, sec. 48d, p. 248; as added by 1915, ch. 62, sec. 2, subd. 48d, p. 157; reen. C.L. 106:109; C.S., sec. 2477; I.C.A., sec. 59-529.]

§ 61-530 Certificate of convenience and necessity — Port districts and industrial development districts

No port district or industrial development district within a port district shall acquire by eminent domain any existing and operating railroad facilities, without first having secured from the commission, after hearing, a certificate that such acquisition is necessary for the public convenience and necessity.

[61-530, as added by 1970, ch. 3, sec. 2, p. 4.]

§ 61-531 Plan for curtailment of electric or gas consumption

The Idaho public utilities commission shall forthwith direct and require all suppliers of electric power and energy, or natural or manufactured gas, including those otherwise excepted under section 61-104, Idaho Code, except agencies of the federal government, to file with the commission, within a designated time period, a plan for the curtailment of electric or gas consumption during an emergency.

[61,531, added 1975, ch. 238, sec. 2, p. 646.]

§ 61-532 Adoption or rejection of plans — Procedure

The commission, after notice and hearing pursuant to its rules of practice and procedure, shall consider and act upon the plan or plans submitted and may adopt or reject such plan or plans, or adopt other plan or plans, for such curtailment. In acting upon such plan or plans the commission shall consider the following factors:

(a) The consistency of the plan with the public health, safety and welfare;

(b) The technical feasibility of implementation of the plan; and

(c) The effectiveness with which the plan minimizes the impact of any curtailment.

[61-532, added 1975, ch. 238, sec. 3, p. 646.]

§ 61-533 Authority to declare emergency

The commission shall have authority to declare an emergency, with or without notice, upon finding that an inadequacy or insufficiency of electric power and energy, or natural or manufactured gas threatens the health, safety and welfare of the citizens of this state.

[61-533, added 1975, ch. 238, sec. 4, p. 646.]

§ 61-534 Curtailment of service by suppliers in accordance with plans

Upon declaration that such an emergency exists, the commission shall have authority to require all suppliers of electric power and energy, or natural or manufactured gas, except agencies of the federal government, to curtail service in accordance with the curtailment plans on file with and approved by the commission.

[61-534, added 1975, ch. 238, sec. 5, p. 646.]

§ 61-535 Order for curtailment of consumption by consumers

The commission, in addition to the powers herein granted, upon the declaration of an emergency, may order the curtailment of electric power and gas consumption by consumers as the commission finds reasonable and necessary.

[61-535, added 1975, ch. 238, sec. 6, p. 646.]

§ 61-536 Liability of suppliers

No supplier of electric power or gas shall be liable for (a) actions taken pursuant to an order of the commission, or by reason of curtailment of such electric or gas service pursuant to such order or its curtailment plan on file with and approved by the commission; or (b) inability of a supplier to furnish adequate or sufficient supplies of electric power or gas or refusal to supply electric power or gas when such inability or refusal is due to inadequate or insufficient supplies on the supplier’s system occurring as a result of the supplier’s being unable to obtain from the commission an order which allows adequate time to construct necessary generating and transmission facilities.

[61-536, added 1975, ch. 238, sec. 7, p. 646; am. 1976, ch. 219, sec. 1, p. 792.]

§ 61-537 Contracts of suppliers subject to provisions of law

All contracts of suppliers shall be subject to actions taken and the immunities provided hereunder.

[61-537, added 1975, ch. 238, sec. 8, p. 646.]

§ 61-538 Pole Attachments — Regulation

(1) As used in this section:

(a) "Broadband" has the same meaning as that term is defined in section 40-517, Idaho Code.

(b) "Cable services company" means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof, that transmits television signals for distribution to subscribers of its services for a fee by means of wires or cables connecting its distribution facilities with the customer’s television receiver or the customer’s equipment connecting to the customer’s receiver rather than by transmission of the television signal through the air.

(c) "Pole attachment" means any wire or cable for the transmission of a telecommunications service, as defined in 47 U.S.C. 153; broadband; or cable service, as defined in section 50-3002(2), Idaho Code, and any related device, apparatus, or auxiliary equipment, installed on any pole or in any telegraph corporation, telephone corporation, or electrical corporation or on a communications right-of-way, duct, conduit, or other similar facilities owned or controlled, in whole or in part, by one (1) or more public utilities.

(d) "Public utility" has the same meaning as that term is defined in section 61-129, Idaho Code.

(2) The legislature hereby finds that many public utilities have, through a course of conduct covering many years, made available space on and in their poles, ducts, conduits, and other support structures for use by the cable services industry for pole attachment service, and that the provision of such pole attachment service by such public utilities is and has been a public utility service.

(3) Whenever a public utility and a provider of a telecommunications service or broadband or a cable services company are unable to agree on the rates, terms, or conditions for pole attachments or the terms, conditions, or cost of production of space needed for pole attachments, then the commission shall establish and regulate the rates, terms, and conditions, and cost of providing space needed for pole attachments to assure a public utility the recovery of not less than all the additional costs of providing and maintaining pole attachments and not more than the associated capital cost and operating expenses of the public utility attributable to that portion of the pole, duct, or conduit used for the pole attachment, including a share of the required support and clearance space. In determining and fixing the rates, terms, and conditions, the commission shall consider the interest of the customers of the attaching provider of the telecommunications service, broadband or cable services company, the public utility on which the attachment is made, and the customers of the public utility.

(4) To the extent applicable, the procedures set forth in this title shall apply under the provisions of this section.

(5) The commission shall establish rules, subject to legislative approval, relating to the timing of the permitting process for pole attachments.

[61-538, added 2025, ch. 325, sec. 4, p. 1343.]

§ 61-539 Water rights of an electrical corporation — No commission jurisdiction

The commission shall have no power or jurisdiction to make any determination, decision, rule, demand, requirement, or issue any order or decree involving or related to the failure or refusal of an electrical corporation to protect its hydropower water rights from depletion or loss to (1) junior priority consumptive water uses for any consumptive purpose prior to November 19, 1982, (2) junior priority consumptive water uses for irrigation where substantial investments in irrigation wells and irrigation equipment were made prior to November 19, 1982, but were not operating in 1982, and (3) junior priority consumptive water uses for domestic, nonconsumptive commercial, nonconsumptive industrial or nonconsumptive municipal uses occurring from and after November 19, 1982.

This section shall apply not only to future proceedings concerning claims the cause for which arose prior to November 19, 1982, but also to proceedings pending before the commission at the time this act becomes effective, and any claims which might be asserted against the electrical corporation for depletions from uses within (1), (2) or (3) above.

[61-539, added 1983, ch. 259, sec. 1, p. 690.]

§ 61-540 Authorizing negotiation and execution of contracts by the state of Idaho with electrical corporations regarding certain water rights identified in section 61-539, Idaho Code

The governor of the state of Idaho or his designee is hereby empowered to negotiate and the governor to execute a contract on behalf of the state of Idaho with any electrical corporation which has filed or may file suit against water users or possible water users, said electrical corporation seeking to stop junior prior consumptive water uses as a result of Idaho Supreme Court Opinion No. 13794 in "Idaho Power Company vs. State of Idaho, et al," filed November 19, 1982. Each contract shall provide, among other things, that (1) all consumptive water users who have beneficially used water for any consumptive purpose prior to November 19, 1982, or any person or persons who have previously made substantial investments in irrigation wells and irrigation equipment and have pending a water permit or application, even though such irrigation wells and irrigation equipment were not in operation prior to November 19, 1982, may continue the water licensing process, (2) persons included within the provisions of (1) above are third party beneficiaries of said contract, (3) the electrical corporation shall, where any suit is pending in which a person is within the class of consumptive users identified in (1) above, move the court for the dismissal from the suit of such person or persons, (4) said contract shall be conditional upon the passage and approval of this act but shall terminate if section 61-539 or 61-540, Idaho Code, be subsequently amended or repealed, and (5) in the event this act be amended or repealed, the defenses of statute of limitations, abandonment, adverse possession, statutory forfeiture, latches, waiver, estoppel and other applicable common law defenses shall not be available against said electrical corporation following said contract termination for a period of two (2) years, unless the parties mutually consent to keep said contract in effect by addendum.

[61-540, added 1983, ch. 259, sec. 2, p. 690.]

§ 61-541 Binding ratemaking treatments applicable when costs of a new electric generation facility are included in rates

(1) As used in this section, "certificate" means a certificate of convenience and necessity issued under section 61-526, Idaho Code.

(2) A public utility that proposes to construct, lease or purchase an electric generation facility or transmission facility, or make major additions to an electric generation or transmission facility, may file an application with the commission for an order specifying in advance the ratemaking treatments that shall apply when the costs of the proposed facility are included in the public utility’s revenue requirements for ratemaking purposes. For purposes of this section, the requested ratemaking treatments may include nontraditional ratemaking treatments or nontraditional cost recovery mechanisms.

(a) In its application for an order under this section, a public utility shall describe the need for the proposed facility, how the public utility addresses the risks associated with the proposed facility, the proposed date of the lease or purchase or commencement of construction, the public utility’s proposal for cost recovery, and any proposed ratemaking treatments to be applied to the proposed facility.

(b) For purposes of this section, ratemaking treatments for a proposed facility include but are not limited to:

(i) The return on common equity investment or method of determining the return on common equity investment;

(ii) The depreciation life or schedule;

(iii) The maximum amount of costs that the commission will include in rates at the time determined by the commission without the public utility having the burden of moving forward with additional evidence of the prudence and reasonableness of such costs;

(iv) The method of handling any variances between cost estimates and actual costs; and

(v) The treatment of revenues received from wholesale purchasers of service from the proposed facility.

(3) The commission shall hold a public hearing on the application submitted by the public utility under this section. The commission may hold its hearing in conjunction with an application for a certificate.

(4) Based upon the hearing record, the commission shall issue an order that addresses the proposed ratemaking treatments. The commission may accept, deny or modify a proposed ratemaking treatment requested by the utility. In determining the proposed ratemaking treatments, the commission shall maintain a fair, just and reasonable balance of interests between the requesting utility and the utility’s ratepayers.

(a) In reviewing the application, the commission shall also determine whether:

(i) The public utility has in effect a commission-accepted integrated resource plan;

(ii) The services and operations resulting from the facility are in the public interest and will not be detrimental to the provision of adequate and reliable electric service;

(iii) The public utility has demonstrated that it has considered other sources for long-term electric supply or transmission;

(iv) The addition of the facility is reasonable when compared to energy efficiency, demand-side management and other feasible alternative sources of supply or transmission; and

(v) The public utility participates in a regional transmission planning process.

(b) The commission shall use its best efforts to issue the order setting forth the applicable ratemaking treatments prior to the date of the proposed lease, acquisition or commencement of construction of the facility.

(c) The ratemaking treatments specified in the order issued under this section shall be binding in any subsequent commission proceedings regarding the proposed facility that is the subject of the order, except as may otherwise be established by law.

(5) The commission may not require a public utility to apply for an order under this section.

(6) The commission may promulgate rules or issue procedural orders for the purpose of administering this section.

[61-541, added 2009, ch. 145, sec. 1, p. 436.]

Chapter 6 Procedure Before Commission and in Courts

§ 61-601 Practice — Evidence

All hearings and investigations before the commission or any commissioner shall be governed by this act and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission nor any commissioner shall be bound by the technical rules of evidence.

[(61-601) 1913, ch. 61, sec. 49, p. 248; reen. C.L. 106:110; C.S., sec. 2478; I.C.A., sec. 59-601.]

§ 61-602 Process

The commission and each commissioner shall have power to issue writs of summons and subpoenas, warrants of attachment in the like manner and to the same extent as courts of record. The process issued by the commission or any commissioner shall extend to all parts of the state and may be served by any person authorized to serve process of courts of record or by any person designated for that purpose by the commission or commissioner. The person executing any such process shall receive such compensation as may be allowed by the commission not to exceed the fees prescribed by law for similar services, and such fees shall be paid in the same manner as provided herein for payment of the fees of witnesses.

[(61-602) 1913, ch. 61, sec. 50, p. 248; reen. C.L. 106:111; C.S., sec. 2479; I.C.A., sec. 59-602.]

§ 61-603 Witnesses — Attendance — Fees — Mileage

The commission and each commissioner shall have power to administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the state.

Each witness who shall appear, by order of the commission or a commissioner, shall receive for his attendance the same fees allowed by law to a witness in civil cases, in the district court, and mileage at ten cents (10¢) for every mile of travel one (1) way by the nearest generally traveled route in going to the place where the attendance of a witness is required, which amount shall be paid by the party at whose request such witness was subpoenaed.

When any witness who has not been required to attend at the request of any party shall be subpoenaed by the commission, his fees and mileage shall be paid from the funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid: provided, that the commission may at its discretion refuse to allow the mileage and attendance of any witness subpoenaed before it that is in the employ of any public utility defined in this act.

Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the commission, may at the time of service, demand the fee to which he is entitled for travel to and from the place at which he is required to appear and one (1) day’s attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, he shall not be required to attend before the commission or commissioner, as directed in the subpoena, unless the commission shall by order indorsed on the subpoena require any such witness to attend, irrespective of the fact that such mileage and attendance are not paid on demand. All fees or mileage to which any witness is entitled under the provisions of this section may be collected by action therefor instituted by the person to whom such fees are payable. No witness furnished with free transportation shall receive mileage for the distance he may travel on such free transportation.

[(61-603) 1913, ch. 61, sec. 51a, p. 248; reen. C.L. 106:112; C.S., sec. 2480; I.C.A., sec. 59-603.]

§ 61-604 Witnesses — District court may compel attendance — Procedure

The district court in and for the county, or city and county in which any inquiry, investigation, hearing or proceeding may be held by commission or any commissioner shall have the power to compel the attendance of witnesses, the giving of testimony and the production of papers, including waybills, books, accounts and documents as required by any subpoena issued by the commission or any commissioner.

The commission or the commissioner before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the district court in and for the county, or city and county, in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witness, or the production of said papers, and that the witness has been summoned in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by the subpoena, before the commission or commissioner, in the cause or proceeding named in the notice and subpoena, or has refused to answer questions propounded to him in the course of such proceeding, and ask an order of said court compelling the witness to attend and testify or produce said papers before the commission.

The court, upon the petition of the commission or such commissioner, shall enter an order directing the witnesses to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten (10) days from the date of the order, and then and there show cause why he has not attended and testified or produced said papers before the commission. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission or a commissioner and regularly served, the court shall thereupon enter an order that said witness appear before the commission or said commissioner at the time and place fixed in said order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court.

The remedy provided in this section is cumulative and shall not be construed to impair or interfere with the power of the commission or a commissioner to enforce the attendance of witnesses and the production of papers, and to punish for contempt in the same manner and to the same extent as court of record.

[(61-604) 1913, ch. 61, sec. 51b, p. 248; compiled and reen. C.L. 106:113; C.S., sec. 2481; I.C.A., sec. 59-604.]

§ 61-605 Depositions

The commission or any commissioner or any party may in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the district courts of this state and to that end may compel the attendance of witnesses and the production of books, waybills, documents, papers and accounts.

[(61-605) 1913, ch. 61, sec. 51c, p. 248; reen. C.L. 106:114; C.S., sec. 2482; I.C.A., sec. 59-605.]

§ 61-606 No privilege to witnesses — Immunity from self-incriminating testimony

No person shall be excused from testifying or from producing any book, waybill, document, paper or account in any investigation or inquiry by or hearing before the commission or any commissioner, when ordered to do so, upon the ground that the testimony or evidence, book, waybill, document, paper or account, required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any forfeiture or penalty for or on account of any act, transaction, matter or thing concerning which he 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 him in his testimony. Nothing herein contained shall be construed as in any manner giving to any public utility immunity of any kind.

[(61-606) 1913, ch. 61, sec. 51d, p. 248; reen. C.L. 106:115; C.S., sec. 2483; I.C.A., sec. 59-606.]

§ 61-607 Certified copies of documents as evidence

Copies of official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the original shall be evidence in like manner as the originals.

[(61-607) 1913, ch. 61, sec. 52a, p. 248; reen. C.L. 106:116; C.S., sec. 2484; I.C.A., sec. 59-607.]

§ 61-608 Recording of orders, authorizations and certificates

Every order, authorization or certificate issued or approved by the commission under any provision of sections 61-510 to 61-514, and 61-526 to 61-529, Idaho Code, shall be in writing and entered on the records of the commission.

Any such order, authorization or certificate, or a copy thereof, or a copy of the record of any such order, authorization or certificate, certified by a commissioner or by the secretary or assistant secretary under the official seal of the commission to be a true copy of the original order, authorization, certificate or entry, may be recorded in the office of the recorder of any county or city and county, in which is located the principal place of business of any public utility affected thereby, or in which is situated any property of any such public utility, and such record shall impart notice of its provisions to all persons. A certificate under the seal of the commission that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be recorded in the same offices in the same manner and with like effect.

[(61-608) 1913, ch. 61, sec. 52b, p. 248; reen. C.L. 106:117, C.S., sec. 2485; I.C.A., sec. 59-608; am. 1979, ch. 218, sec. 3, p. 604.]

§ 61-609 Fees

The commission shall charge and collect reasonable fees for copies of papers and records as established by rule or general order of the commission.

No fees shall be charged or collected for copies of papers, records or official documents, furnished to the public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distribution, but the commission may fix reasonable charges for publications issued under its authority.

All fees charged or collected under this section shall be paid at least once each week, accompanied by a detailed statement thereof, into the treasury of the state of Idaho to the public utilities commission account.

[(61-609) 1913, ch. 61, sec. 53, p. 248; reen. C.L. 106:118; C.S., sec. 2486; I.C.A., sec. 59-609; am. 1967, ch. 3, sec. 1, p. 6; am. 1984, ch. 109, sec. 1, p. 252.]

§ 61-610 Right to inspect books and examine employees

(1) The commission, each commissioner and each person employed by the commission shall have the right at any and all reasonable times to inspect the accounts, books, papers and documents of any public utility. The commission shall also have the right to inspect the records of a public utility’s holding company, parent, affiliate, or subsidiary that engages directly in any transaction with the regulated utility which results in expenses being incurred, allocated or otherwise attributed to regulated services of a public utility; provided however, the commission may inspect only those records which are necessary to determine whether such expense was properly incurred and should be included, in whole or in part, in the public utility’s rates.

(2) The commission, each commissioner and any employee authorized to administer oaths shall have power to examine under oath any officer, agent or employee of such public utility in relation to the business and affairs of said public utility: provided, that any person other than a commissioner demanding such inspection shall produce under the seal of the commission his authority to make such inspection. A written record of the testimony or statement so given under oath shall be made and filed with the commission.

[(61-610) 1913, ch. 61, sec. 54, p. 248; reen. C.L. 106:119; C.S., sec. 2487; I.C.A., sec. 59-610; am. 2001, ch. 385, sec. 1, p. 1348.]

§ 61-611 Production of books without state

The commission may require, by order served on any public utility in the manner provided herein for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers or records kept by said public utility in any office or place without this state, or, at its option, verified copies in lieu thereof so that an examination thereof may be made by the commission or under its direction.

[(61-611) 1913, ch. 61, sec. 55, p. 248; compiled and reen. C.L. 106:120; C.S., sec. 2488; I.C.A., sec. 59-611.]

§ 61-612 Complaint against utility

Complaint may be made by the commission of its own motion or by any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public utility including any rule, regulation or charge heretofore established or fixed by or for any public utility, in violation, or claimed to be in violation of any provision of law or of any order or rule of the commission: provided, that no complaint shall be entertained by the commission, except upon its own motion, as to the reasonableness of any rate or charges of any gas, electrical, water or telephone corporation, unless the same be signed by the mayor or the president or chairman of the board of trustees or a majority of the council, commission or other legislative body of the city or county or city or town, if any, within which the alleged violation occurred, or not less than 25 consumers or purchasers or prospective consumers or purchasers of such gas, electricity, water or telephone service.

[(61-612) 1913, ch. 61, first part of sec. 56, p. 248; reen. C.L. 106:121; C.S., sec. 2489; I.C.A., sec. 59-612.]

§ 61-613 Complaint against utility — Joinder

All matters upon which complaint may be founded may be joined in one (1) hearing, no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties; and in any review by the courts of orders or decisions of the commission the same rule shall apply with regard to the joinder of causes and parties as herein provided.

[(61-613) 1913, ch. 61, part of sec. 56, p. 248; reen. C.L. 106:122; C.S., sec. 2490; I.C.A., sec. 59-613.]

§ 61-614 Complaint against utility — No dismissal

The commission shall not be required to dismiss any complaint because of the absence of direct damage to the complainant.

[(61-614) 1913, ch. 61, part of sec. 56, p. 248; reen. C.L. 106:123; C.S., sec. 2491; I.C.A., sec. 59-614.]

§ 61-615 Complaint against utility — Service of copy of complaint

Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the corporation, or person complained of. Service in all hearings, investigation and proceedings pending before the commission may be made upon any person upon whom a summons may be served in accordance with the provisions of the Code of Civil Procedure of this state, and may be made personally or by mailing in a sealed envelope, registered, with postage prepaid.

[(61-615) 1913, ch. 61, part of sec. 56, p. 248; compiled and reen. C.L. 106:124; C.S., sec. 2492; I.C.A., sec. 59-615.]

§ 61-616 Complaint against utility — Time and place of hearing

The commission shall fix the time when and place where a hearing will be had upon the complaint and shall serve notice thereof, not less than twenty (20) days before the time set for such hearing, unless the commission shall find that public necessity requires that such hearing be held at an earlier date.

[(61-616) 1913, ch. 61, last part of sec. 56, p. 248; reen. C.L. 106:125; C.S., sec. 2493; I.C.A., sec. 59-616.]

§ 61-617 Hearing — Process for attendance of witnesses

At the time fixed for any hearing before the commission or a commissioner, or the time to which the same may have been continued, the complainant and the corporation or person complained of, and such corporations or persons as the commission may allow to intervene, shall be entitled to be heard and to introduce evidence. The commission shall issue process to enforce the attendance of all necessary witnesses.

[(61-617) 1913, ch. 61, first part sec. 57a, p. 248; reen. C.L. 106:126; C.S., sec. 2494; I.C.A., sec. 59-617.]

§ 61-617A Award of costs of intervention

(1) It is hereby declared the policy of this state to encourage participation at all stages of all proceedings before the commission so that all affected customers receive full and fair representation in those proceedings.

(2) The commission may order any regulated electric, gas, water or telephone utility with gross Idaho intrastate annual revenues exceeding three million five hundred thousand dollars ($3,500,000) to pay all or a portion of the costs of one (1) or more parties for legal fees, witness fees, and reproduction costs, not to exceed a total for all intervening parties combined of forty thousand dollars ($40,000) in any proceeding before the commission. The determination of the commission with regard to the payment of these expenses shall be based on the following considerations:

(a) A finding that the participation of the intervenor has materially contributed to the decision rendered by the commission; and

(b) A finding that the costs of intervention are reasonable in amount and would be a significant financial hardship for the intervenor; and

(c) The recommendation made by the intervenor differed materially from the testimony and exhibits of the commission staff; and

(d) The testimony and participation of the intervenor addressed issues of concern to the general body of users or consumers.

(3) Expenses awarded to qualifying intervenors shall 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. Expenses awarded shall be chargeable to the class of customers represented by the qualifying intervenors.

(4) The commission may adopt rules for the implementation of this statute.

(5) The payment of expenses of intervenors who are in direct competition with a public utility involved in proceedings before the commission is prohibited.

[61-617A, added 1985, ch. 126, sec. 1, p. 309; am. 1993, ch. 234, sec. 1, p. 816; am. 2003, ch. 41, sec. 1, p. 162.]

§ 61-618 Decision — Service of order — Time effective — Extension of time

After the conclusion of the hearing, the commission shall make and file its order, containing its decision. A copy of such order, certified under the seal of the commission, shall be served upon the corporation or person complained of, or its or his attorney. Said order shall, of its own force, take effect and become operative twenty (20) days after the service thereof, except as otherwise provided, and shall continue in force, either for a period which may be designated therein or until changed or abrogated by the commission. If an order cannot, in the judgment of the commission, be complied with within twenty (20) days, the commission may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order, and may, on application and for good cause shown, extend the time for compliance fixed in its order.

[(61-618) 1913, ch. 61, part of sec. 57a, p. 248; reen. C.L. 106:127; C.S., sec. 2495; I.C.A., sec. 59-618.]

§ 61-619 Record

A full and complete record of all proceedings had before the commission or any commissioner on any formal hearing had, and all testimony shall be taken down by a reporter appointed by the commission, and the parties shall be entitled to be heard in person or by attorney.

[(61-619) 1913, ch. 61, part of sec. 57a, p. 248; reen. C.L. 106:128; C.S., sec. 2496; I.C.A., sec. 59-619.]

§ 61-621 Complaint by utility

Any public utility shall have a right to complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases, except that the complaint may be heard ex parte by the commission or may be served upon any parties designated by the commission.

[(61-621) 1913, ch. 61, sec. 58, p. 248; reen. C.L. 106:130; C.S., sec. 2498; I.C.A., sec. 59-621.]

§ 61-622 Finding of commission necessary for increase in rate and approval of a new tariff or schedule — suspension

(1) No public utility shall raise any existing rate, rental, or charge or so alter any existing classification, contract, practice, rule, service, or regulation as to result in an increase in any rate, rental, or charge, under any circumstances whatsoever, except upon a showing before the commission and a finding by the commission that such increase is justified.

(2) Whenever there shall be filed with the commission any tariff or schedule stating a new individual or joint rate, rental, charge, classification, contract, practice, rule, service or regulation that does not increase or result in the increase of any existing rate, rental, or charge, such tariff or schedule shall not become effective except upon a showing to and a finding by the commission that such tariff or schedule is justified.

(3) The commission shall have power and is hereby given authority to suspend the proposed effective date of any new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or other formal pleadings by the interested public utility or utilities. The commission shall provide reasonable notice that it intends to conduct a hearing or other proceeding concerning the propriety of such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation. Pending the subsequent hearing or proceeding and decision thereon, such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation shall not go into effect.

(4) The period of suspension of such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation shall not extend beyond thirty (30) days when such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation would otherwise go into effect, pursuant to section 61-307, Idaho Code, unless the commission in its discretion extends the period of suspension for an initial period not exceeding five (5) months, nor unless the commission after a showing of good cause on the record grants an additional sixty (60) days. Prior to the expiration of said periods of suspension, the commission may, with the consent in writing signed by the party filing such new tariff or schedule, permanently or further suspend the same.

(5) After such hearing or other proceeding during the suspension period, the commission shall issue its order approving, denying or amending the proposed tariffs, schedules, rates, rentals, charges, classifications, contracts, practices, rules, services or regulations in whole or in part, or others in lieu thereof, it finds to be just and reasonable.

[(61-622) 1913, ch. 61, sec. 59a, p. 248; reen. C.L. 106:131; C.S., sec. 2499; I.C.A., sec. 59-622; am. 1975, ch. 81, sec. 1, p. 166; am. 1976, ch. 263, sec. 1, p. 887.; am. 2013, ch. 193, sec. 1, p. 476; am. 2025, ch. 20, sec. 27, p. 59.]

§ 61-622A Commission authority — Cost allocation

For any telephone corporation which provides telecommunication services pursuant to both title 61, Idaho Code, and title 62, Idaho Code, the commission may, or at the request of a telephone corporation shall, establish procedures for allocation of costs between telecommunication services provided pursuant to title 61, Idaho Code, and telecommunication services provided pursuant to title 62, Idaho Code. Such allocations shall reasonably reflect how joint-use facilities are utilized, provide reasonable stability for telephone corporations to do business planning and pricing and minimize the cost of accounting and record keeping to the extent possible. In developing such allocation methods, the commission may adopt procedures which are based on gross allocation factors derived from relative changes in total intrastate telecommunication service revenues or expenses or other measures of relative change between the provision of telecommunication services subject to title 61, Idaho Code, and telecommunication services subject to title 62, Idaho Code. The commission shall have authority to establish just and reasonable rates for all telecommunication services which remain subject to title 61, Idaho Code, and for basic local service in accordance with the provisions of chapter 6, title 62, Idaho Code.

[61-622A, added 1988, ch. 195, sec. 3, p. 369; am. 1997, ch. 192, sec. 1, p. 540.]

§ 61-624 Rescission or change of orders

The commission may at any time, upon notice to the public utility affected, and after opportunity to be heard as provided in the case of complaints, rescind, alter or amend any order or decision made by it. Any order rescinding, altering or amending a prior order or decision shall, when served upon the public utility affected, have the same effect as is herein provided for original orders or decisions.

[(61-624) 1913, ch. 61, sec. 60, p. 248; reen. C.L. 106:133; C.S., sec. 2501; I.C.A., sec. 59-624.]

§ 61-625 Orders not subject to collateral attack

All orders and decisions of the commission which have become final and conclusive shall not be attacked collaterally.

[(61-625) 1913, ch. 61, sec. 61, p. 248; reen. C.L. 106:134; C.S., sec. 2502; I.C.A., sec. 59-625.]

§ 61-626 Reconsideration — Procedure — Order not stayed — Change of original order

(1) After an order has been made by the commission, any corporation, public utility or person interested therein shall have the right, within twenty-one (21) days after the date of said order, to petition for reconsideration in respect to any matter determined therein. Within seven (7) days after any corporation, public utility or person has petitioned for reconsideration, any other corporation, public utility, or person may cross-petition for reconsideration in response to any issues raised in any petition for reconsideration. Cross-petitions for reconsideration may be granted if any petition for reconsideration to which they respond is granted on the issues to which the cross-petition is directed, but cross-petitions for reconsideration will be denied when the petitions for reconsideration to which they are directed are denied.

(2) Within twenty-eight (28) days after the filing of a petition for reconsideration the commission shall determine whether or not it will grant such reconsideration, and make and enter its order accordingly. If reconsideration be granted, said order shall specify how the matter will be reconsidered and whether any cross-petitions for reconsideration will be granted. The matter must be reheard, or written briefs, comments or interrogatories must be filed, within thirteen (13) weeks after the date for filing petitions for reconsideration. If reconsideration is ordered, the commission must issue its order upon reconsideration within twenty-eight (28) days after the matter is finally submitted for reconsideration.

(3) A petition for such reconsideration shall not excuse any corporation, public utility or person from complying with or obeying any order or any requirement of any order of the commission or operate in any manner, to stay or postpone the enforcement thereof, except as the commission may by order direct. If after reconsideration, including consideration of matters arising since the making of the order, the commission shall be of the opinion that the original order or any part thereof is in any respect unjust or unwarranted or should be changed, the commission may abrogate or change the same. An order made after any such reconsideration, abrogating or changing the original order, shall have the same force and effect as an original order, and shall not affect any right or the enforcement of any right arising from or by virtue of the original order.

[(61-626) 1913, ch. 61, sec. 62, p. 248; reen. C.L. 106:135; C.S., sec. 2503; I.C.A., sec. 59-626; am. 1957, ch. 126, sec. 1, p. 214; am. 1984, ch. 110, sec. 1, p. 253.]

§ 61-627 Appeal to supreme court — Notice of appeal — Matters reviewable on appeal — Extent of review — Record on appeal

After a petition for reconsideration is denied, or, if the petition is granted, then after the rendition of the decision on reconsideration, the state of Idaho or any party aggrieved may appeal to the supreme court from any order of the public utilities commission by filing a notice of appeal and serving the same in the manner provided by the rules of the supreme court. Upon the payment of the fee therefor, the secretary of the public utilities commission shall prepare, certify, and deliver to the clerk of the supreme court copies of the transcript of the testimony and the relevant documents from the commission files as required under rules adopted by the supreme court for its appeals and shall also certify and deposit with the clerk of the supreme court the original exhibits from that proceeding.

[61-627, added 1977, ch. 299, sec. 2, p. 837; am. 1984, ch. 110, sec. 2, p. 254.]

§ 61-629 Matters reviewable on appeal — Extent of review — Judgment

No new or additional evidence may be introduced in the Supreme Court, but the appeal shall be heard on the record of the commission as certified by it. The review on appeal shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination of whether the order appealed from violates any right of the appellant under the constitution of the United States or of the state of Idaho. Upon the hearing the Supreme Court shall enter judgment, either affirming or setting aside or setting aside in part the order of the commission. In case the order of the commission is set aside or set aside in part, the commission, upon its own motion or upon motion of any of the parties, may alter or amend the order appealed from to meet the objections of the court in the manner prescribed in section 61-624, Idaho Code.

[(61-629) 1921, ch. 72, sec. 3, p. 141; I.C.A., sec. 59-629; am. 1981, ch. 129, sec. 1, p. 217.]

§ 61-630 Right to be heard on appeal

The commission and any party to the proceeding whether served with notice of appeal or not shall have the right to appear and be heard on any appeal taken hereunder.

[(61-630) 1921, ch. 72, sec. 4, p. 141; I.C.A., sec. 59-630.]

§ 61-631 Costs on appeal — Enforcement

Whenever costs are awarded to a party by the supreme court, the party claiming such costs shall file a memorandum of costs in such manner as the supreme court shall direct by its rules. Costs taxed in the supreme court shall be added to any order required by the remittitur. The payment of costs on appeal shall be enforced by the public utilities commission.

[(61-631) 1921, ch. 72, sec. 5, p. 141; I.C.A., sec. 59-631; am. 1989, ch. 37, sec. 1, p. 48.]

§ 61-633 Stay of order — Notice

No court of this state shall enjoin or restrain the enforcement of any order of the commission or stay the operation thereof, unless the applicant for such writ shall give three (3) days’ notice of said application to all adverse parties and to the commission. On the hearing of such application, the applicant shall present to the court a transcript of the proceedings had before the commission, including the evidence, and such transcript shall be considered by the court in determining the applicant’s right to an injunction, restraining order or other order suspending or staying the operation of the order or decision of the commission, and if an injunction, restraining order or other order suspends or stays the order of the commission as issued, such order shall contain a specific finding based upon the evidence submitted to the court and identified by reference thereto that great and irreparable damage would result to the petitioner and specifying the nature of the damage.

[(61-633) 1913, ch. 61, sec. 63d, p. 248; reen. C.L. 106:139; C.S., sec. 2507; I.C.A., sec. 59-633.]

§ 61-634 Stay of order — Bond

In case the order or decision of the commission is stayed or suspended, the order shall not become effective until a suspending bond has been executed and filed with and approved by the commission, or by the court of review, conditioned in manner and form as the suspending bond specified in section 61-637, and the court shall direct that all moneys involved in said proceeding shall be paid into court under the terms and conditions and subject to the disposition thereof, provided in sections 61-637 and 61-638.

[(61-634) 1913, ch. 61, sec. 63e, p. 248; compiled and reen. C.L. 106:140; C.S., sec. 2508; I.C.A., sec. 59-634.]

§ 61-635 Stay of order on appeal

The pendency of an appeal shall not of itself stay or suspend the operation of the order of the commission, but during the pendency of such appeal, the Supreme Court may stay or suspend, in whole or in part, the operation of the commission’s order.

[(61-635) 1913, ch. 61, sec. 64a, p. 248; reen. C.L. 106:141; C.S., sec. 2509; am. 1921, ch. 72, sec. 7, p. 141; I.C.A., sec. 59-635.]

§ 61-636 Stay of order on appeal — Notice

No order so staying or suspending an order or decision of the commission shall be made by the court otherwise than upon a three (3) days’ notice and after hearing, and if the order or decision of the commission is suspended, the order suspending the same shall contain a specific finding based upon the evidence submitted to the court and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner and specifying the nature of the damage.

[(61-636) 1913, ch. 61, sec. 64b, p. 248; reen. C.L. 106:142; C.S., sec. 2510; I.C.A., sec. 59-636.]

§ 61-637 Stay of order on appeal — Bond

In case the order or decision of the commission is stayed or suspended, the order of the court shall not become effective until a suspending bond shall first have been executed and filed with and approved by the commission (or approved on review by the court), payable to the people of the state of Idaho, and sufficient in amount and security to ensure the prompt payment, by the party petitioning for the review, of all damages caused by the delay in the enforcement of the order or decision of the commission, and of all moneys that any person or corporation may be compelled to pay, pending the review proceedings, for transportation, transmission, product, commodity, or service in excess of the charges fixed by the order or decision of the commission, in case said order or decision is sustained. The court, in case it stays or suspends the order or decision of the commission in any matter affecting rates, rentals, charges or classifications, shall also by order direct the public utility affected to pay into court, from time to time, there to be impounded until the final decision of the case or into some bank or trust company paying interest on deposits, under such conditions as the court may prescribe, all sums of money that it may collect from any corporation or person in excess of the sum such corporation or person would have been compelled to pay if the order or decision of the commission had not been stayed or suspended.

[(61-637) 1913, ch. 61, sec. 64c, p. 248; reen. C.L. 106:143; C.S., sec. 2511; I.C.A., sec. 59-637; am. 2025, ch. 20, sec. 28, p. 60.]

§ 61-638 Stay of order on appeal — Accounts pending final decision

In case the court stays or suspends any order or decision lowering any rate, rental, charge, or classification, the commission, upon the execution and approval of said suspending bond, shall forthwith require the public utility affected under the penalty of the immediate enforcement of the order or decision of the commission (pending the review and notwithstanding the suspending order) to keep such accounts verified by oath, as may in the judgment of the commission suffice to show the amounts being charged or received by such public utility, pending the review, in excess of the charges allowed by the order or decision of the commission, together with the names and addresses of the corporations or persons to whom overcharges will be refundable in case the charges made by the public utility, pending the review, be not sustained by the court. The court may, from time to time, require said party petitioning for a review to give additional security on or to increase the said suspending bond whenever in the opinion of the court the same may be necessary to ensure the prompt payment of said damages and said overcharges. Upon the final decision by the court, all moneys that the public utility may have collected, pending the appeal in excess of those authorized by such final decision, together with interest in case the court ordered the deposit of such moneys in a bank or trust company, shall be promptly paid to the corporations or persons entitled thereto, in such manner and through such methods of distribution as may be prescribed by the commission. If any such moneys shall not have been claimed by the corporations or persons entitled thereto within one (1) year from the final decision of the court, the commission shall cause notice to such corporation or person to be given by publication, once a week for two (2) successive weeks, in a newspaper of general circulation, printed and published in the city of Boise, and such other newspaper or newspapers as may be designated by the commission, said notice to state the names of the corporations or persons entitled to such moneys and the amount due each corporation or person. All moneys not claimed within three (3) months after the publication of said notice shall be paid by the public utility under the direction of the commission into the state treasury for the benefit of the general fund.

[(61-638) 1913, ch. 61, sec. 64d, p. 248; compiled and reen. C.L. 106:144; C.S., sec. 2512; I.C.A., sec. 59-638; am. 2025, ch. 20, sec. 29, p. 61.]

§ 61-640 Hearings to determine valuations

For the purpose of ascertaining the matters and things specified in section 61-523, concerning the value of the property of public utilities, the commission may cause a hearing or hearings to be held at such time or times and place or places as the commission may designate. Before any hearing is had the commission shall give the public utility affected thereby at least thirty (30) days’ written notice, specifying the time and place of such hearing and such notice shall be sufficient to authorize the commission to inquire into the matters designated in this section and in said section 61-523, but this provision shall not prevent the commission from making any preliminary examination or investigation into the matters herein referred to, or from inquiring into such matters in any other investigation or hearing.

All public utilities affected shall be entitled to be heard and to introduce evidence at such hearing or hearings. The evidence introduced at such hearing shall be reduced to writing and certified under the seal of the commission.

The commission shall make and file its findings of fact in writing upon all matters concerning which evidence shall have been introduced before it which in its judgment have bearing on the value of the property of the public utility affected. Such findings shall be subject to review by the court of this state in the same manner and within the same time as other orders and decisions of the commission. The findings of the commission so made and filed, when properly certified under the seal of the commission, shall be admissible in evidence in any action, proceeding or hearing before the commission or any court, in which the commission, the state or any officer, department or institution thereof or any county, city and county, municipality or other body politic and the public utility affected may be interested whether arising under the provisions of this act or otherwise, and such findings, when so introduced, shall be prima facie evidence of the facts therein stated as to the date therein stated under conditions then existing, and such facts can only be controverted by showing a subsequent change in conditions bearing upon the facts therein determined.

The commission may from time to time cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any betterments, improvements, additions or extensions made by any public utility subsequent to any prior hearing or investigation, and may examine into all matters which may change, modify or affect any finding of fact previously made, and may at such time make findings of fact supplementary to those theretofore made. Such hearings shall be had upon the same notice and shall be conducted in the same manner, and the findings so made shall have the same force and effect as is provided herein for such original notice, hearing and findings: provided, that such findings made at such supplemental hearings or investigations shall be considered in connection with and as a part of the original findings, except in so far as such supplemental findings shall change or modify the findings made at the original hearing or investigation.

[(61-640) 1913, ch. 61, sec. 66, p. 248; reen. C.L. 106:146; C.S., sec. 2514; I.C.A., sec. 59-640.]

§ 61-641 Overcharge — Reparation

When complaint has been made to the commission concerning any rate, fare, toll, rental or charge for any product, or commodity, furnished or service performed by any public utility, and the commission has found, after investigation, that the public utility has charged an excessive or discriminatory amount for such product, commodity or service, the commission may order that the public utility make due reparation to the complainant therefor, with interest from the date of collection: provided, no discrimination will result from such reparation.

[(61-641) 1913, ch. 61, sec. 67a, p. 248; reen. C.L. 106:147; C.S., sec. 2515; I.C.A., sec. 59-641.]

§ 61-642 Overcharge — Recovery of payment

If the public utility does not comply with the order for the payment or reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover the same. All complaints concerning excessive or discriminatory charges shall be filed with the commission within three (3) years from the time the cause of action accrues, and the petition for the enforcement of the order shall be filed in the court within one (1) year from the date of the order of the commission. The remedy in this section provided shall be cumulative and in addition to any other remedy or remedies in this act provided in case of failure of a public utility to obey an order or decision of the commission.

[(61-642) 1913, ch. 61, sec. 67b, p. 248; reen. C.L. 106:148; C.S., sec. 2516; I.C.A., sec. 59-642; am. 1965, ch. 215, sec. 1, p. 498.]

Chapter 7 Public Utilities Law — Enforcement, Penalties, and Interpretation

§ 61-701 Enforcement of law

It is hereby made the duty of the commission to see that the provisions of the constitution and statutes of this state affecting public utilities, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the state therefor recovered and collected and to this end it may sue in the name of the people of the state of Idaho. Upon the request of the commission, it shall be the duty of the attorney general or the prosecuting attorney of the proper county, to aid in any investigation, hearing or trial had under the provisions of this act and to institute and prosecute actions or proceedings for the enforcement of the provisions of the constitution and statutes of this state affecting the public utilities and for the punishment of all violations thereof.

[(61-701) 1913, ch. 61, sec. 68, p. 248; reen. C.L. 106:149; C.S., sec. 2517; I.C.A., sec. 59-701.]

§ 61-702 Noncompliance with law — Liability for damage

In case any public utility shall do, cause to be done or permit to be done, any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done, either by the constitution, any law of this state, or any order or decision of the commission, according to the terms of this act, such public utility shall be liable to the persons or corporations affected thereby for all loss, damages or injury caused thereby or resulting therefrom. An action to recover such loss, damage or injury may be brought in any court of competent jurisdiction by any corporation or person.

[(61-702) 1913, ch. 61, sec. 69, p. 248; reen. C.L. 106:150; C.S., sec. 2518; I.C.A., sec. 59-702.]

§ 61-703 Remedies hereunder not exclusive

This act shall not have the effect to release or waive any right of action by the state, the commission or any corporation or any person for any right, penalty or forfeiture which may have arisen or accrued or may hereafter arise or accrue under any law of this state.

[(61-703) 1913, ch. 61, sec. 70a, p. 248; reen. C.L. 106:151; C.S., sec. 2519; I.C.A., sec. 59-703.]

§ 61-704 Penalties cumulative

All penalties accruing under this act shall be cumulative of each other, and a suit for the recovery of one (1) penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility, or any officer, director, agent or employee thereof, or any other corporation or person.

[(61-704) 1913, ch. 61, sec. 70b, p. 248; reen. C.L. 106:152; C.S., sec. 2520; I.C.A., sec. 59-704.]

§ 61-705 Summary proceedings by commission

Whenever the commission shall be of the opinion that any public utility is failing or omitting or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, direction or requirement of the commission under the provisions of this act, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order, decision, rule, direction or requirement of the commission, under the provisions of this act, it shall direct the attorney of the commission to commence an action or proceeding in the district court in and for the county, or city and county, in which the cause or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides, in the name of the people of the state of Idaho, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction.

The attorney of the commission shall thereupon begin such action or proceeding by petition to such district court, alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction.

It shall thereupon be the duty of the court to specify a time not exceeding twenty (20) days, after the service of the copy of the petition, within which the public utility complained of must answer the petition, and in the meantime said public utility may be restrained. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances of the case. Such corporations or persons as the court may deem necessary or proper to be joined as parties in order to make its judgment, order or writ effective, may be joined as parties. The final judgment in such action or proceedings shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief.

An appeal may be taken to the Supreme Court from such final judgment in the same manner and with the same effect, subject to the provisions of this act, as appeals are taken from judgments of the district court in other actions for mandamus or injunction.

[(61-705) 1913, ch. 61, sec. 71, p. 248; reen. C.L. 106:153; C.S., sec. 2521; I.C.A., sec. 59-705.]

§ 61-706 Penalty for violation

Any public utility which violates or fails to comply with any provisions of the constitution of this state or of this act, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement or any part or provision thereof, of the commission, under the provisions of this act, in a case in which a penalty has not hereinbefore been provided for, such public utility is subject to a penalty of not more than $2000 for each and every offense.

[(61-706) 1913, ch. 61, sec. 72a, p. 248; compiled and reen. C.L. 106:154; C.S., sec. 2522; I.C.A., sec. 59-706.]

§ 61-707 Continuing violation

Every violation of the provisions of this act or of any order, decision, decree, rule, direction, demand or requirement of the commission, under the provisions of this act, or any part or portion thereof, by any public utility, corporation or person is a separate and distinct offense, and in case of a continuing violation each day’s continuance thereof shall be and be deemed to be a separate and distinct offense.

[(61-707) 1913, ch. 61, sec. 72b, p. 248; reen. C.L. 106:155; C.S., sec. 2523; I.C.A., sec. 59-707.]

§ 61-708 Responsibility for violation by employees

In construing and enforcing the provisions of this act relating to penalties, the act, omission or failure of any officer, agent or employee of any public utility, acting within the scope of his official duties or employment, shall in every case be and be deemed to be the act, omission or failure of such public utility.

[(61-708) 1913, ch. 61, sec. 72c, p. 248; reen. C.L. 106:156; C.S., sec. 2524; I.C.A., sec. 59-708.]

§ 61-709 Penalty for violations by officers and employees

Every officer, agent or employee of any public utility, who violates or fails to comply with, or who procures, aids or abets any violation by any public utility of any provision of the constitution of this state or of this act, or who fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement or any part or provision thereof, of the commission under the provisions of this act, or who procures, aids or abets any public utility in its failure to obey, observe and comply with any such order, decision, rule, direction, demand or requirement, or any part or provision thereof, in a case in which a penalty has not hereinbefore been provided for, such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding $1000, or by imprisonment in a county jail not exceeding one (1) year, or by both such fine and imprisonment.

[(61-709) 1913, ch. 61, sec. 73, p. 248; reen. C.L. 106:157; C.S., sec. 2525; I.C.A., sec. 59-709.]

§ 61-710 Penalty for violations by corporation other than a public utility

Every corporation, other than a public utility, which violates any of the provisions of this act, or which fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement or any part or provision thereof, of the commission under the provisions of this chapter, in a case in which a penalty has not hereinbefore been provided for, such corporation is subject to a penalty of not more than $2000 for each and every offense.

[(61-710) 1913, ch. 61, sec. 74, p. 248; reen. C.L. 106:158; C.S., sec. 2526; I.C.A., sec. 59-710.]

§ 61-711 Penalty for violation by employee of corporation other than a public utility

Every person who, either individually, or acting as an officer, agent or employee of a corporation other than a public utility, violates any provision of this act, or fails to observe, obey or comply with any order, decision, rule, direction, demand or requirement, or any part or portion thereof, of the commission under the provisions of this act, or who procures, aids or abets any such public utility in its violation of this act, or in its failure to obey, observe or comply with any such order, decision, rule, direction, demand or requirement, or any part or portion thereof, in a case in which a penalty has not hereinbefore been provided for is guilty of a misdemeanor, and is punishable by a fine not exceeding $1,000, or by imprisonment in a county jail not exceeding one (1) year, or by both such fine and imprisonment.

[(61-711) 1913, ch. 61, sec. 75, p. 248; reen. C.L. 106:159; C.S., sec. 2527; I.C.A., sec. 59-711.]

§ 61-712 Action to recover penalties — Disposition of fines

Actions to recover penalties under this act shall be brought in the name of the state of Idaho, in the district court in and for the county in which the cause of action or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides. Such action shall be commenced and prosecuted to final judgment by the attorney of the commission. In any such action, all penalties incurred up to the time of commencing the same may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise herein provided. All fines and penalties recovered by the state in any such action, together with the costs thereof, shall be paid into the state treasury to the credit of the general fund. Any such action may be compromised or discontinued on application of the commission upon such terms as the court shall approve and order.

[(61-712) 1913, ch. 61, sec. 76, p. 248; reen. C.L. 106:160; C.S., sec. 2528; I.C.A., sec. 59-712.]

§ 61-712A Civil penalty for violation

Any person who violates or fails to comply with or who procures, aids, or abets any violation of title 61, Idaho Code, governing safety of pipeline facilities and the transportation of gas or any order, decision, rule, or regulation duly issued by the Idaho public utilities commission governing the safety of pipeline facilities and the transportation of gas shall be subject to a civil penalty pursuant to 49 CFR 190.223 at the time the violation occurred.

[61-712A, added 1970, ch. 7, sec. 1, p. 11; am. 2025, ch. 144, sec. 1, p. 726.]

§ 61-712B Compromise of civil penalty

Any civil penalty may be compromised by the Idaho public utilities commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state to the person charged or may be recovered in a civil action in the state courts.

[61-712B, added 1970, ch. 7, sec. 2, p. 11.]

§ 61-713 Separability

If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional.

[(61-713) 1913, ch. 61, sec. 78, p. 248; reen. 1915, ch. 105, sec. 1, p. 246; compiled and reen. C.L. 106:161; C.S., sec. 2529; I.C.A., sec. 59-713.]

§ 61-714 Foreign and interstate commerce

Neither this act, nor any provision thereof, except when specifically so stated, shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of the union, except in so far as the same may be permitted under the provisions of the Constitution of the United States and the acts of congress.

[(61-714) 1913, ch. 61, sec. 79, p. 248; reen. C.L. 106:162; C.S., sec. 2530; I.C.A., sec. 59-714.]

Chapter 8 Stray Current and Voltage Remediation Act

§ 61-801 Legislative findings and purposes

The legislature of the state of Idaho finds that the efficient and safe distribution of electricity is critical to the well-being of the citizens and the economy of the state, including the business of agriculture, and that this enactment is necessary for the protection of the public welfare and benefit. The legislature also finds that the potential impact of stray current or voltage on dairy cows is a matter of interest and concern to dairy producers with dairies situated near and served by a multi-grounded wye electrical distribution system, which is the type of distribution system used by utilities in this state. Scientific research has established a level of stray current or voltage, at or below which no effect on a dairy cow’s behavior, health or milk production has been shown. To provide for the continued, safe and efficient availability of electricity while addressing complaints regarding stray current or voltage, it is necessary and appropriate to: establish a uniform preventive action level; establish uniform procedures and protocols for measurements of stray current or voltage; require, when necessary, that the sources of stray current or voltage be identified; require, when necessary, adequate remediation; and establish procedures for handling complaints.

[61-801, added 2005, ch. 189, sec. 1, p. 578.]

§ 61-802 Definitions

As used in this chapter, unless the context otherwise requires:

(1) "Adequate remediation" means corrective action by a utility which results in, and is reasonably likely to sustain, a reduction of stray current or voltage attributable to the utility’s distribution system of fifty percent (50%) or less of the preventive action level.

(2) "Commission" means the Idaho public utilities commission as established pursuant to section 61-201, Idaho Code.

(3) "Cow contact points" means any two (2) electrically conductive points which a dairy cow may, in its normal environment, unavoidably and simultaneously contact.

(4) "Preventive action level" is stray current or voltage that is either:

(a) A steady-state, root mean square (rms), alternating current (AC) of 2.0 milliamp (mA) or more through a 500 ohm resistor connected between cow contact points, as measured by a true rms meter; or

(b) A steady-state, rms, AC voltage of 1.0 volts or more, across (in parallel with) a 500 ohm resistor connected between cow contact points, as measured by a true rms meter.

(5) "Steady-state" is the value of a current or voltage after an amount of time where all transients have decayed to a negligible value.

(6) "Stray current or voltage" is:

(a) Any steady-state, 60 hertz (Hz) (including harmonics thereof), root mean square (rms), alternating current (AC) of less than 20 milliamp (mA) through a 500 ohm resistor connected between cow contact points, as measured by a true rms meter; or

(b) Any steady-state, 60 Hz (including harmonics thereof), rms, AC voltage of less than 10 volts, across (in parallel with) a 500 ohm resistor connected between cow contact points, as measured by a true rms meter. Stray current or voltage is a normal, inherent and unavoidable result of electricity traveling through grounded electrical systems, including a dairy producer’s on-farm system and a utility’s distribution system, which systems are required by the national electrical code and the national electrical safety code to be grounded to the earth to ensure continuous safety and reliability.

(7) "Utility" means a public utility as defined in section 61-332A, Idaho Code.

[61-802, added 2005, ch. 189, sec. 1, p. 578.]

§ 61-803 Rules

Within six (6) months of the effective date of this chapter, the commission shall promulgate temporary rules and proposed rules, referred to collectively in this chapter as "commission rules," establishing uniform procedures and protocols for the measurement of stray current or voltage. The commission shall review the rules from time to time, or upon petition to the commission, to ensure that the uniform procedures and protocols continue to be the most scientifically and technologically accurate and reliable means of detecting stray current or voltage. If the commission determines that it is appropriate to revise the rules because of advances in science or technology, it is encouraged to do so by the adoption of temporary rules which would confer a benefit on utilities and dairy producers by making better science available for the measurement of stray current or voltage. Any measurements of stray current or voltage not made in compliance with commission rules shall be inadmissible before the commission or in any civil action. The commission rules shall be applicable to dairy producers, utilities, and all persons or entities involved in any way in the measurement or remediation of stray current or voltage in this state.

[61-803, added 2005, ch. 189, sec. 1, p. 579.]

§ 61-804 Claim — Notice — Response of utility

Any dairy producer in this state who claims that its dairy cows are being affected by any form or type of electrical energy allegedly attributable to a utility including, without limitation, stray current or voltage, shall, as a condition precedent to commencing any civil action against the utility, provide written notice thereof to the utility. The notice shall specify why the dairy producer believes its dairy cows are being affected by electrical energy attributable to the utility. Within fourteen (14) days of receipt of such notice, the utility shall take measurements at cow contact points at the dairy producer’s dairy to identify the existence and magnitude of stray current or voltage, if any. If the utility finds a level of stray current or voltage at cow contact points in excess of the preventive action level, the utility shall thereafter promptly identify that portion, if any, of the stray current or voltage that is attributable to the utility’s distribution system. If that portion of the stray current or voltage at cow contact points attributable to the utility’s distribution system exceeds fifty percent (50%) of the preventive action level, the utility shall, within five (5) business days, commence and diligently pursue to completion, remedial procedures which shall reduce, and are reasonably likely to sustain, that portion of the stray current or voltage at cow contact points attributable to the utility’s distribution system to fifty percent (50%) or less of the preventive action level.

[61-804, added 2005, ch. 189, sec. 1, p. 579.]

§ 61-805 Commission — Jurisdiction — Orders

The commission shall have exclusive, initial jurisdiction to determine whether a utility has complied with the commission rules regarding measurement of stray current or voltage; whether the utility’s measurements demonstrated stray current or voltage at or above the preventive action level; whether the utility has properly identified that portion of the stray current or voltage at cow contact points attributable to the utility’s distribution system; and whether the utility has complied with its remediation obligation under this chapter.

(1) If, after hearing, the commission determines that (a) the utility complied with the commission rules regarding measurement of stray current or voltage, and (b) the utility properly identified no stray current or voltage in excess of the preventive action level, then the commission shall issue an order that the utility has provided adequate service pursuant to section 61-302, Idaho Code. The commission’s order thereon shall be binding on the parties, subject only to the provisions of section 61-807, Idaho Code.

(2) If, after hearing, the commission determines that (a) the utility complied with the commission rules regarding measurement of stray current or voltage, (b) the utility properly identified stray current or voltage in excess of the preventive action level, and (c) the utility properly identified that the portion of stray current or voltage attributable to the utility’s distribution system was fifty percent (50%) or less of the preventive action level, then the commission shall issue an order that the utility provided adequate service pursuant to section 61-302, Idaho Code. The commission’s order thereon shall be binding on the parties, subject only to the provisions of section 61-807, Idaho Code.

(3) If, after hearing, the commission determines that (a) the utility complied with the commission rules regarding measurement of stray current or voltage, (b) the utility properly identified stray current or voltage in excess of the preventive action level, and (c) the utility properly identified that the portion of stray current or voltage attributable to the utility’s distribution system exceeded fifty percent (50%) of the preventive action level, then the commission shall thereafter determine the adequacy of the utility’s remediation efforts. The commission’s order thereon shall be binding on the parties, subject only to the provisions of section 61-807, Idaho Code. If the dairy producer has complied with the notice provisions set forth in section 61-804, Idaho Code, and the commission has made a determination that the conditions set forth in this subsection are met, then the dairy producer may, not later than one (1) year following completion of adequate remediation, or one (1) year following the issuance of the commission’s final order thereon, whichever occurs later, commence a civil action seeking monetary damages against the utility. In any such civil action, damages shall be limited as set forth in section 61-808, Idaho Code.

(4) If, after hearing, the commission determines that (a) the utility failed to comply with the commission rules regarding measurement of stray current or voltage, (b) the utility failed to properly identify, when required pursuant to section 61-804, Idaho Code, to do so, that portion of stray current or voltage attributable to the utility’s distribution system, or (c) the utility failed to provide adequate remediation, then the commission shall order the utility to take measurements of stray current or voltage in conformance with commission rules, or identify that portion of the stray current or voltage attributable to the utility’s distribution system and, if necessary, to provide adequate remediation. The commission’s order thereon shall be binding on the parties, subject only to the provisions of section 61-807, Idaho Code. If the dairy producer complied with the notice provisions set forth in section 61-804, Idaho Code, and the commission made a determination that the portion of stray current or voltage attributable to the utility’s distribution system exceeded fifty percent (50%) of the preventive action level, then the dairy producer may, not later than one (1) year following completion of adequate remediation, or one (1) year following the issuance of the commission’s final order thereon, whichever occurs later, commence a civil action seeking monetary damages against the utility. In any such civil action, damages shall be limited as set forth in section 61-808, Idaho Code.

(5) If after hearing, the commission determines that a dairy producer made or pursued a claim in bad faith or for purposes of harassment of the utility, the commission shall require the dairy producer to pay the utility’s actual costs of investigation and defense. If, after hearing, the commission determines that a utility acted in bad faith, or for purposes of harassment or delay, the commission shall require the utility to pay the dairy producer’s actual costs of investigation, if any, and preparation and presentation of the claim before the commission. The commission’s order thereon shall be binding on the parties, subject only to the provisions of section 61-807, Idaho Code.

[61-805, added 2005, ch. 189, sec. 1, p. 580.]

§ 61-806 Commission — Rules of practice and procedure

In all matters arising under this chapter which are submitted to the commission for decision, order or review, procedure shall be governed by the commission rules of practice and procedure.

[61-806, added 2005, ch. 189, sec. 1, p. 581.]

§ 61-807 Civil actions

No civil action may be commenced by a dairy producer against a utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of section 61-804, Idaho Code, and the commission has issued an order pursuant to section 61-805, Idaho Code. In any civil action against a utility for damages or other relief, after the dairy producer has complied with the provisions of section 61-804, Idaho Code, and the commission has issued an order pursuant to section 61-805, Idaho Code, the commission’s order shall be admissible in evidence in such civil action.

[61-807, added 2005, ch. 189, sec. 1, p. 581.]

§ 61-808 Damages

In any civil action against a utility for damages pursuant to this chapter, a dairy producer shall be limited to those damages which (a) were incurred by the dairy producer during that period of time commencing twelve (12) months prior to the dairy producer’s provision of notice to the utility and ending on the date of completion of adequate remediation, and (b) were caused by that portion of the stray current or voltage attributable to the utility’s distribution system.

[61-808, added 2005, ch. 189, sec. 1, p. 581.]

§ 61-809 Limitation of claims

No claim for nuisance may be asserted against a utility for damages due to stray current or voltage. Claims against a utility for damages due to stray current or voltage shall be limited to claims of negligence, including in the case of a prior determination of the commission pursuant to subsections (3) or (4) of section 61-805, Idaho Code, negligence per se. In determining whether the utility was negligent, the utility’s conduct shall be judged using a standard of ordinary care under the existing circumstances.

[61-809, added 2005, ch. 189, sec. 1, p. 581.]

Chapter 9 Issuance of Securities by Public Utilities

§ 61-901 Electric, telephone, water and gas utilities — Issuance of securities authorized — Liens — Pledges — Purposes — Terms — Supervision and control of public utilities commission

The right of every public utility, as defined in section 61-129, Idaho Code, furnishing electric, telephone, water or gas service in the state of Idaho, to issue, assume or guarantee securities and to issue mortgages, deeds of trust or other instruments of security with respect to its property situated within the state of Idaho, is hereby subjected to the regulation and supervision of the public utilities commission of the state of Idaho, as hereinafter set forth in this act. Such public utility when authorized by order of the commission and not otherwise, may issue stocks and stock certificates and may issue, assume or guarantee bonds or other securities payable at periods of more than twelve (12) months after the date thereof, for the following purposes; for the acquisition of property; for the construction, completion, extension or improvement of its facilities; for the improvement or maintenance of its service; for the discharge or lawful refunding of its obligations; for the reimbursement of moneys actually expended for said purposes from income or from other moneys in the treasury not secured by or obtained from the issue, assumption or guarantee of securities; or for any other purpose approved by the commission, provided, however, this section shall not apply to any telephone corporation when three-fourths (3/4) or more of the total gross revenue of such corporation is derived from sources outside the state of Idaho.

[61-901, added 1951, ch. 143, sec. 1, p. 333; am. 1961, ch. 130, sec. 1, p. 190.]

§ 61-902 Petition for authority — Notice and hearing — Order — Refund

Such public utility shall, by written petition, filed with the commission and setting forth the pertinent facts involved, make application to the commission for an order authorizing the proposed issue, assumption or guarantee of securities, and the application of the proceeds therefrom for the purpose specified in such application. The commission shall, after such hearing and upon such notice as the commission may prescribe, enter its written order approving the petition and authorizing the proposed securities transactions, unless the commission, for good cause shown, shall find: That such transactions are inconsistent with the public interest and not necessary or appropriate for or consistent with the proper performance by applicant of service as a public utility; or that the purpose or purposes thereof are not permitted by this act.

[61-902, added 1951, ch. 143, sec. 1, p. 333.]

§ 61-903 Securities which may be issued without order of commission

Such public utility may issue securities, other than stock or stock certificates, payable at periods of not more than twelve (12) months after date of issuance of the same, secured or unsecured, and aggregating (together with all other then outstanding notes and drafts of a maturity of one (1) year or less on which such public utility is primarily or secondarily liable) not more than five per cent (5%) of the par value or, in the case of securities having no par value, the fair market value of the other securities of the public utility then outstanding, without application to or order of the commission, but no such securities so issued shall in whole or in part be refunded by any issue of stocks, stock certificates or other securities having a maturity of more than twelve (12) months, except on application to and approval of the commission.

[61-903, added 1951, ch. 143, sec. 1, p. 333.]

§ 61-904 Petitions — Prompt disposition — Continuances

All applications for the issuance, assumption or guarantee of securities shall be disposed of promptly, and within thirty (30) days after petition is filed with the commission unless it is necessary, for good cause, to continue same for a longer period. Whenever such application is continued beyond thirty (30) days after the time it is filed, the commission shall enter an order making such continuance and stating fully the facts necessitating same.

[61-904, added 1951, ch. 143, sec. 1, p. 333.]

§ 61-905 Fees to be paid

Prior to the issuance of an order and security authorization under this act, the commission shall require the payment of a fee by the applicant in the amount of one dollar ($1.00) for each one thousand dollars ($1,000) of the aggregate principal amount or par or stated value of the security or securities involved up to one hundred thousand dollars ($100,000), and twenty-five cents (25¢) for each one thousand dollars ($1,000) over one hundred thousand dollars ($100,000) and up to one million dollars ($1,000,000), and ten cents (10¢) for each one thousand dollars ($1,000) over one million dollars ($1,000,000), provided, that only twenty-five per cent (25%) of the amount of the fee determined as hereinabove specified shall be payable on such portion of any issue of securities as may be for the purpose of guaranteeing, taking over, refunding, discharging, replacing or retiring any security on which a fee was previously paid to the commission under this act; and provided further, that if the property of the public utility proposing to issue such securities shall be located in part in the state of Idaho and in part in some other state or states, only such percentage of the amount of the fee determined as hereinabove specified shall be payable as the percentage ratio of the book value of such property located in the state of Idaho shall bear to the total book value of the property of such public utility, said book values to be determined as of the close of the preceding calendar year. Provided, however, that in no event shall the fee be less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) per application.

[61-905, added 1951, ch. 143, sec. 1, p. 333; am. 1974, ch. 88, sec. 1, p. 1184.]

§ 61-906 No liability on part of state

No provision of this act, or any act or deed done or performed in connection therewith, shall be construed to obligate the state of Idaho to pay or guarantee in any manner whatsoever any security authorized, issued, assumed or guaranteed under the provisions of this act.

[61-906, added 1951, ch. 143, sec. 1, p. 333.]

§ 61-907 Act superior to all laws

Wherever any provisions of the existing laws of the state of Idaho, or of any laws enacted at the thirty-first session of the legislature of the state of Idaho, are in conflict with the provisions of this act, it is the declared intention of the legislature that the provisions of this act shall control and supersede all conflicting provisions of any such laws.

[61-907, added 1951, ch. 143, sec. 1, p. 333.]

§ 61-908 Saving clause

If any part or parts of this act shall be adjudged by the courts to be unconstitutional or invalid, the same shall not affect the validity of any part or parts thereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid.

[61-908, added 1951, ch. 143, sec. 1, p. 333.]

§ 61-909 Exemptions

The commission may from time to time by order or rule, and subject to such terms and conditions as may be prescribed therein, exempt any security or any class of securities for which an application is required under this chapter or any public utility or class of public utility from the provisions of this chapter if it finds that the application thereof to such security, class of securities, public utility or class of public utility is not required by the public interest.

[61-909, added 1997, ch. 239, sec. 1, p. 700.]

Chapter 10 Special Regulatory Fee

§ 61-1001 Annual fees payable to commission by public utilities — Purpose

Each public utility and each railroad corporation, subject to the jurisdiction of the commission, and subject to the provisions of this act, shall pay to the commission in each year, a special regulatory fee in such amount as the commission shall find and determine to be necessary, together with the amount of all other fees paid or payable to the commission by each such public utility and railroad corporation in the current calendar year, to defray the amount to be expended by the commission for expenses in supervising and regulating the public utilities and railroad corporations subject to its jurisdiction.

[61-1001, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 1, p. 179; am. 1975, ch. 135, sec. 1, p. 297; am. 1981, ch. 74, sec. 1, p. 106; am. 1999, ch. 289, sec. 2, p. 716; am. 1999, ch. 383, sec. 14, p. 1067.]

§ 61-1003 Returns — Forms and preparation — Time of filing and first fee payment

On or before April 1 of each year, each public utility and railroad corporation subject to the jurisdiction of the commission shall file with the commission a return verified by an officer or agent of the public utility or railroad corporation involved, showing its gross operating revenues from its intrastate utility or railroad business in Idaho for the preceding calendar year during which it carried on such intrastate utility or railroad business. Such return shall be in such form and detail as the commission may prescribe and shall be subject to audit by the commission. Payments shall be made as provided in section 61-1005, Idaho Code.

[61-1003, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 3, p. 179; am. 2025, ch. 20, sec. 30, p. 61.]

§ 61-1004 Duties of commission — Fees — Determination — Maximum and minimum fees

On or before April 15th of each year the commission shall determine the proportionate assessment that all railroad corporations, and all other public utilities subject to the jurisdiction of the commission, shall bear to the amount which will be required to defray the expense of the commission for supervision and regulation of such railroad corporations and other public utilities during the ensuing fiscal year; such determination shall be based upon a consideration of the time and expense devoted to the supervision and regulation of each such class of railroad corporations and other public utilities during the preceding calendar year, including salaries and wages of the commissioners and employees and all other necessary and lawful expenditures of the commission. Thereupon the commission shall apportion the assessment thus determined to be required of all railroad corporations and all other public utilities, to each such class thereof, respectively, in proportion to their respective gross operating revenues derived from intrastate utility business in Idaho for the preceding calendar year, except that the maximum fee payable shall not exceed:

(1) In the case of railroad corporations, one percent (1%) of the gross operating revenues derived from the intrastate utility business of each railroad corporation; and

(2) In the case of all other public utilities except pipeline corporations, three-tenths (3/10) of one percent (1%) of the gross operating revenues derived from the intrastate utility business of each such public utility.

(3) In the case of pipeline corporations, the fee payable shall be calculated to recover the commission’s time and expense devoted to the safety supervision and regulation of each pipeline corporation.

(4) In no case shall the fee be less than fifty dollars ($50.00).

(5) The commission shall make such assessment of the fees so determined by orders duly made and entered on its minutes.

[61-1004, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 4, p. 179; am. 1972, ch. 148, sec. 5, p. 319; am. 1975, ch. 135, sec. 3, p. 297; am. 1989, ch. 87, sec. 1, p. 150; am. 1999, ch. 289, sec. 3, p. 716; am. 2012, ch. 72, sec. 3, p. 208.]

§ 61-1005 Payment of fees — Time and manner — Procedure on nonpayment

On or before May 1 of each year, the commission shall notify each public utility and railroad corporation subject to the provisions of this act, by mail, of the amount of its fee for the ensuing fiscal year beginning July 1, computed as in this act provided. Such fee shall be paid to the commission in equal semiannual installments on or before May 15 and November 15 in each calendar year. If payment shall not be made on or before said respective dates, the installments so due shall bear interest at the rate of six percent (6%) per annum until such time as the full amount of the installment shall have been paid. Upon failure, refusal or neglect of any public utility or railroad corporation to pay such fee, the attorney general shall commence an action in the name of the state to collect the same.

[61-1005, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 5, p. 179; am. 2025, ch. 20, sec. 31, p. 62.]

§ 61-1007 Objections to fees assessed — Procedure

If any public utility or railroad corporation subject to the provisions of this act claims the assessment made against it is erroneous, excessive, unlawful or invalid, it shall on or before the time specified for payment of the first installment of the assessment made against it, file with the commission its written objections to such assessment, setting out specifically the grounds upon which it claims said assessment to be erroneous, excessive, unlawful or invalid. The commission, upon receipt of any such objection, and after ten (10) days’ notice in writing to the objector, shall proceed to hold a hearing upon such objections within twenty (20) days after the date of such notice. Within twenty (20) days after such hearing, the commission shall make and enter its findings in its minutes and issue its order in accordance with said findings and forthwith transmit the same to the objector by registered mail. The commission shall refund any overpayment of any fees prescribed by this act and all claims for such refunds against the "Public Utilities Commission Fund" created by this act, shall be examined by the commission and certified by the president of the commission to the state controller, who shall, upon the approval of the board of examiners, draw his warrant against said "Public Utilities Commission Fund" for all such claims for refunds so allowed and approved.

[61-1007, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 7, p. 179; am. 1994, ch. 180, sec. 148, p. 516.]

§ 61-1008 Expenditure — Public utilities commission fund — Creation — Appropriation — Disposition of surplus

(1) At each regular session, the legislature shall determine the amount of money that may be expended by the public utilities commission during the next ensuing fiscal year.

(2) The state treasurer shall be custodian of the "public utilities commission fund," into which shall be paid and deposited all funds accruing or received under any and all provisions of this chapter, and all fees, licenses, charges, assessments, fines and penalties, now or hereafter payable to, collected or recovered by the commission under any other law of this state, and all funds otherwise appropriated or made available to said fund. All moneys from whatever source accruing to and received into said fund are hereby appropriated, within the limits of funds determined therefor by the legislature, for the payment of the administrative and maintenance expenses of the commission, including salaries and wages of the commissioners and employees, travel, supplies, equipment, fixed charges, refunds of fees and all other necessary expenses of the commission, not otherwise provided for. Moneys shall be paid out of the public utilities commission fund by the state treasurer only upon claim vouchers prepared and approved by the commission, certified by the president of the commission to the state controller who, after review as provided by law, shall draw his warrant against the public utilities commission fund for all such claims.

(3) Any moneys remaining in the public utilities commission fund at the end of any fiscal year, shall be retained in said fund for the use of the commission for the purposes specified in this chapter. Remaining funds shall be credited ratably by the commission to the respective railroad corporations and other public utilities according to the respective portions of such fees determined hereunder to be assessable against each such railroad corporation and other public utility, respectively, for the ensuing fiscal year. The respective fee assessed against each railroad corporation and public utility for such ensuing fiscal year shall be correspondingly reduced; provided that, only moneys paid under the provisions of this chapter by railroad corporations and other public utilities shall be considered in determining the surplus to be so credited by the commission.

[61-1008, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 8, p. 179; am. 1994, ch. 180, sec. 149, p. 516; am. 1999, ch. 289, sec. 4, p. 717; am. 1999, ch. 383, sec. 16, p. 1068; am. 2003, ch. 32, sec. 32, p. 136.]

Chapter 11 Air Carrier Act

§ 61-1101 Air carrier act

This act shall be known as the Idaho Air Carrier Act.

[61-1101, added 1969, ch. 197, sec. 1, p. 574.]

§ 61-1102 Definitions — Exclusions

a. The term "person" when used in this act means any individual, firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

b. The term "certificate" means a certificate of public convenience and necessity issued under this act to any air carrier.

c. The term "air carrier" means any person owning, controlling or operating aircraft as a common carrier of passengers for compensation on a scheduled basis between any two (2) intermediate or terminal points within the state of Idaho; provided, however, that this definition shall not be construed to prevent the carriage of passengers or property for hire by an air carrier operating in interstate commerce under certification by the civil aeronautics board.

d. The term "common air carrier" means any person which holds itself out to the general public to engage in the transportation by aircraft in commerce of passengers or property for compensation.

e. The term "aircraft" shall mean any machine heavier than air supported for flight by dynamic action of air upon its surfaces, and which is used for the transportation of persons or property in the air.

f. The term "commission" means the Idaho Public Utilities Commission.

g. The term "transportation" to which this act applies includes all aircraft operated by, for, or in the interest of any air carrier irrespective of ownership or contract, express or implied, together with all services, facilities and property furnished, operated or controlled by any such air carrier or carriers and used in the transportation of passengers and/or property in commerce in the state of Idaho.

h. Nothing in this act shall be construed to cover or include aircraft or transportation used solely in connection with:

1. The transportation or handling of United States mail;

2. Interstate or foreign commerce;

3. Instruction;

4. Charter service on a nonscheduled basis;

5. Aerial application of agricultural chemicals;

6. Air passenger carrier certificated by the civil aeronautics board in interstate commerce; or,

7. The transportation of persons or property on a contractual basis for federal, state, or local governments.

i. The term "director" means the director of the Idaho transportation department.

[61-1102, added 1969, ch. 197, sec. 2, p. 574; am. 1974, ch. 12, sec. 115, p. 61.]

§ 61-1103 Operational rights

No air carrier shall operate aircraft except in accordance with the provisions of this act.

[61-1103, added 1969, ch. 197, sec. 3, p. 574.]

§ 61-1104 Certificate of public convenience and necessity required — Public utility commission

It shall be unlawful for any air carrier, as the term is defined in this act, to operate any aircraft in transportation without having first obtained from the commission a certificate of public convenience and necessity covering such operation.

A certificate may be issued to a qualified applicant authorizing the whole or any part of his operations covered by the application made to the commission in accordance with the provisions of this act, if it is found that the applicant is fit, willing and able properly to perform the service proposed and to conform to the provisions of this act and the requirements, rules and regulations of the commission thereunder, and that the proposed service, to the extent authorized by the certificate is, or will be, required by the present or future public convenience and necessity.

In considering the public convenience and necessity, the commission shall in consultation with the director of the Idaho transportation department, prior to the issuance of a certificate, consider the effect of such proposed air carrier operation upon the operations of any authorized air carrier then operating over the routes or in the territory sought. The mere existence of an air carrier in the territory sought who possesses authority similar to that sought by the applicant shall not be sufficient cause to deny the issuance of the certificate.

In awarding certificates of public convenience and necessity, the commission shall take into consideration the business experience of the particular air carrier in the field of air operations, the financial stability of the carrier, the insurance coverage of the carrier, type of aircraft which the carrier would employ, proposed routes and minimum schedules to be established, whether the carrier could economically give adequate service to the communities involved, the necessity for the service, and any other factors which may affect the public interest.

[61-1104, added 1969, ch. 197, sec. 4, p. 574; am. 1974, ch. 12, sec. 116, p. 61; am. 1974, ch. 236, sec. 1, p. 1599.]

§ 61-1105 Application — Form and proof

An applicant shall submit his written verified application to the commission, and a duplicate application to the director. The application shall be in such form and contain such information and be accompanied by proof of service upon all air carriers with which the proposed service is likely to compete and such other interested parties as the commission requires.

[61-1105, added 1969, ch. 197, sec. 5, p. 574; am. 1974, ch. 12, sec. 117, p. 61.]

§ 61-1106 Fee

Each application for a certificate of public convenience and necessity made under the provisions of this act shall be accompanied by a fee of one hundred fifty dollars ($150).

[61-1106, added 1969, ch. 197, sec. 6, p. 574.]

§ 61-1107 Granting and denying certificates — Hearing

The commission may, after consultation with the director, and with or without hearing, issue a temporary or permanent certificate, except that a certificate may not be issued without a hearing over the formal objection of a person or party in possession with standing to object. The commission, after consultation with the director, may deny the application for a temporary or permanent certificate in whole or part, with or without hearing, except that such denial may not be ordered without a hearing over the formal objection of the applicant. The commission, after consultation with the director, may attach to the exercise of the rights granted by the certificate such terms and conditions as, in its judgment, the public convenience and necessity requires.

[61-1107, added 1969, ch. 197, sec. 7, p. 574; am. 1974, ch. 12, sec. 118, p. 61.]

§ 61-1108 Revocation and suspension — Notice and hearing

The rights conferred by a certificate issued pursuant to this act may not be revoked or suspended without a finding by the commission after consultation with the director, and through notice and hearing, that the holder has abandoned such rights, or is no longer fit, willing or able to perform all or part of the certificated services, or to conform to the law and to the rules and regulations of the commission.

[61-1108, added 1969, ch. 197, sec. 8, p. 574; am. 1974, ch. 12, sec. 119, p. 61.]

§ 61-1109 Unlawful practice — Consolidation and merger

It shall be unlawful, unless authorized by order of the commission as provided in this act:

a. For two (2) or more air carriers, or for any air carrier and any other common carrier, to consolidate or merge their properties, or any part thereof, into one (1) person for the ownership, management or operation of the properties theretofore in separate ownerships.

b. For any air carrier, or any person controlling an air carrier or any other common carrier, to purchase, lease or contract to operate the properties, or any substantial part thereof, of any air carrier.

c. For any air carrier, or any person controlling an air carrier or any other common carrier, to acquire control of any air carrier in any manner whatsoever.

[61-1109, added 1969, ch. 197, sec. 9, p. 574.]

§ 61-1110 Consolidation, merger, purchase, lease, operating contract, acquisition — Requirements

Any person seeking authorization for a consolidation, merger, purchase, lease, operating contract or acquisition of control shall file an application with the commission and a duplicate with the director, and thereupon the commission shall notify all persons known to have a substantial interest in the proceedings of the time and place of the public hearing. The commission, after consultation with the director, shall by order authorize such consolidation, merger, purchase, lease, operating contract or acquisition of control upon such terms and conditions as it shall find to be just and reasonable, after hearing, if the consolidation, merger, purchase, lease, operating contract or acquisition of control is in the public interest. The commission shall not authorize, however, any consolidation, merger, purchase, lease, operating contract or acquisition of control which would result in creating a monopoly or monopolies and thereby restrain competition, or jeopardize another air carrier not a party to the consolidation, merger, purchase, lease, operating contract, or acquisition of control. In any case in which the commission, after consultation with the director, determines that the transaction which is the subject of the application does not affect the control of an air carrier, does not result in creating a monopoly or monopolies, and does not tend to restrain competition, and determines that no person disclosing a substantial interest is currently requesting a hearing, the commission, after notice of its intention to dispose of such application without a hearing, may determine that the public interest does not require a hearing and may by order authorize or not authorize such transaction.

[61-1110, added 1969, ch. 197, sec. 10, p. 574; am. 1974, ch. 12, sec. 120, p. 61.]

§ 61-1111 Unauthorized controlling interest

It is unlawful, unless such relationship has been authorized by order of the commission:

a. For any air carrier to have and retain an officer or director who is an officer, director, or member, or who as a stockholder holds a controlling interest, in any other common carrier.

b. For any air carrier, knowingly and willingly, to have and retain an officer or director who has a representative or nominee who represents such officer, director or member as an officer, director, or member as a stockholder holding a controlling interest, in any other common carrier.

c. For any person who is an officer or director of an air carrier to hold the position of officer, director or member, or to have a stockholder holding a controlling interest, or to have a representative or nominee who represents such a person as an officer, director, or member, or as a stockholder holding a controlling interest in any common carrier.

[61-1111, added 1969, ch. 197, sec. 11, p. 574.]

§ 61-1112 Combining certificates

Without the express authorization of the commission after consultation with the director, and after a hearing, no certificate of public convenience or necessity issued to one (1) air carrier under the provisions of this act shall be combined, united, or consolidated with another such certificate issued to or possessed by another such carrier, so as to permit through service between any point or points served by the one (1) carrier on the one hand, and the point or points served by another such carrier, on the other hand.

[61-1112, added 1969, ch. 197, sec. 12, p. 574; am. 1974, ch. 12, sec. 121, p. 61.]

§ 61-1113 Operating rights

Unless prohibited by the terms and conditions of any certificate that may be involved, any one (1) air carrier may establish through routes and joint rates, charges, and classifications between any and all points served by it under any and all certificates or operating rights issued to or possessed by it.

[61-1113, added 1969, ch. 197, sec. 13, p. 574.]

§ 61-1114 Cease and desist — Enforcement

When the commission, upon complaint or its own motion, has reason to believe that any aircraft is being operated without a certificate of public convenience and necessity as required by this act, or that this act is being violated, or that an air carrier is engaged in any other illegal activity, the commission shall investigate such activity and may, after consultation with the director, and after a hearing, make its order requiring the owner or operator of the aircraft to cease and desist from any such unlawful activity. The commission shall enforce compliance with such order under the powers vested in the commission by law, including, but not limited to, the provisions of chapter 7, title 61, Idaho Code.

[61-1114, added 1969, ch. 197, sec. 14, p. 574; am. 1970, ch. 6, sec. 1, p. 10; am. 1974, ch. 12, sec. 122, p. 61.]

§ 61-1115 Insurance requirement

The commission shall require all air carriers to procure and maintain a minimum amount of insurance in such amounts as the commission may determine. The commission may, upon its own motion or upon application of any interested party, and after a hearing, require any air carrier to procure and maintain additional insurance in such amounts and upon such terms as the commission may determine; provided, however, that such additional insurance required by the commission is available.

[61-1115, added 1969, ch. 197, sec. 15, p. 574.]

§ 61-1116 Commission’s power to fix rates and prescribe rules

The commission is hereby vested with the power and authority, and it is hereby made its duty, after consultation with the director, to fix just, fair, reasonable and sufficient rates, fares and charges and classifications, and to alter and amend the same, and to prescribe such rules and regulations for air carriers as may be necessary to provide for adequate service and safety of operations, and to require the filing of such reports and other data with the commission as may be necessary, and to adopt such other rules and regulations as may be necessary to govern the relationship between such air carriers and the traveling and shipping public. Such rules and regulations shall be adopted and promulgated by general order of the commission.

[61-1116, added 1969, ch. 197, sec. 16, p. 574; am. 1974, ch. 12, sec. 123, p. 61.]

§ 61-1117 Federal regulation and control

This act recognizes the authority of the federal government to regulate and control safety factors in the operation of aircraft and the use of air space.

[61-1117, added 1969, ch. 197, sec. 17, p. 574.]

§ 61-1118 Administrative fees

The commission shall charge and collect the following fees and none other, in the administration of this act:

Applications for a certificate shall be accompanied by an application

fee of

Application for transfer of a certificate

Application for the assignment of a certificate

Application for the issuance of a duplicate certificate

Application for certificate reinstatement

Application for certificate suspension

Annual registration of certificate authority

Application for a temporary certificate

The fees as provided above shall be paid to the state treasurer and shall be credited to the public utilities commission fund.

[61-1118, added 1969, ch. 197, sec. 18, p. 574; am. 1999, ch. 383, sec. 18, p. 1069.]

§ 61-1119 Issuance of securities

The provisions of chapter 9, title 61, Idaho Code, shall be applicable to regulation under this act.

[61-1119, added 1969, ch. 197, sec. 19, p. 574.]

Chapter 12 Pacific Northwest Electric Power and Conservation Planning Council

§ 61-1201 Agreement for state participation in the Pacific Northwest Electric Power and Conservation Planning Council

The state of Idaho agrees to participate in the formation of the "Pacific Northwest Electric Power and Conservation Planning Council," created pursuant to the pacific northwest electric power planning and conservation act. Nothing in this agreement shall be construed to alter, diminish or abridge the rights of the state of Idaho and its citizens with respect to any water or water related right and those relating to the regulation of the energy industry.

[61-1201, added 1981, ch. 351, sec. 1, p. 725.]

§ 61-1202 Creation — Qualifications of council members

There is hereby created in the office of the governor, a state office to be known and designated as "Pacific Northwest Electric Power and Conservation Planning Council Member," as provided in the pacific northwest electric power planning and conservation act. The governor, with the advice and consent of the senate, shall appoint two (2) persons to the council to undertake the functions and duties of members of the council as specified in that act and appropriate state law. Council members may not hold another public office during their term as council members. They must be qualified electors of the state. Council members shall be appointed on the basis of their experience and education in matters pertaining to the economic, legal, social and political aspects of energy production and distribution, fish and wildlife propagation and protection, and the use, distribution, and protection of state water.

[61-1202, added 1981, ch. 351, sec. 1, p. 725.]

§ 61-1203 Term of office of council members — Filling of vacancies

(1) Unless removed at the governor’s pleasure, each member appointed to the council shall serve for a term of three (3) years, except that, with respect to members initially appointed, the governor shall designate one (1) member to serve a term of two (2) years and one (1) member to serve a term of three (3) years. Absent removal by the governor, terms shall commence and end on January 15.

(2) Initial appointments to the council shall be made within thirty (30) days of the effective date of this chapter. A vacancy on the council shall be filled for the unexpired term by the governor, with the advice and consent of the senate. If such appointment is made during the recess of the legislature, it shall be subject to confirmation during its next ensuing session.

(3) Each member shall serve until a successor is appointed and qualified.

[61-1203, added 1981, ch. 351, sec. 1, p. 725.]

§ 61-1204 Salaries and expenses of council members

The annual salary of each council member shall be set by the governor. All expenses incurred by a council member pursuant to the provisions of this chapter, including the actual and necessary traveling and other expenses and disbursements incurred while on business of the council, shall be paid from the funds appropriated for the use of the council as provided by federal law. Salary and expense monies shall be paid from federal appropriations as provided for in the pacific northwest electric power planning and conservation act.

[61-1204, added 1981, ch. 351, sec. 1, p. 725.]

§ 61-1205 Office — Technical assistance

(1) The office of the council members shall be in Ada county. The department of administration shall furnish suitable office space for council members and staff and the department shall be reimbursed for such office space at the rates applicable to state agencies.

(2) Subject to available resources, state agencies may provide technical assistance to council members upon request. State agencies providing technical assistance shall be reimbursed in full for all costs incurred in providing such assistance.

[61-1205, added 1981, ch. 351, sec. 1, p. 726; am. 2001, ch. 183, sec. 27, p. 637.]

§ 61-1206 Annual reports

The members of the council shall make and submit on or before the 1st day of January of each year a report to the governor and the legislature that describes the activities of the council. The report shall describe the potential effects the council’s activities will have on economic, environmental, natural resource, energy and water concerns of the state.

[61-1206, added 1981, ch. 351, sec. 1, p. 726.]

§ 61-1207 Legislative intent

The legislature may, by concurrent resolution, direct to the Idaho council members a statement reflecting legislative intent and concern relative to any actions or activities undertaken or sought to be undertaken by the council.

[61-1207, added 1981, ch. 351, sec. 1, p. 726.]

Chapter 13 Telecommunications Relay Services

§ 61-1301 Legislative findings and intent

Title IV of the Americans with disabilities act, public law 101-336, requires that on or before July 26, 1993, telephone corporations providing interstate or intrastate telephone services provide telecommunications relay services (TRS) for individuals who are deaf, hard of hearing, or speech-impaired that will allow them to engage in telephone communication in a manner functionally equivalent to that of individuals without hearing loss or speech impairments. The legislature finds that it is in the public interest to provide for the appointment of a TRS administrator who can coordinate TRS services and assist the state in applying for certification of the state TRS program by the federal deadline of October 1, 1992. This certification, if approved by the federal communications commission, will allow every telephone corporation providing intrastate service in Idaho to meet its obligations under federal law by participating in the state telecommunications relay services program.

[61-1301, added 1992, ch. 148, sec. 1, p. 443; am. 2020, ch. 12, sec. 5, p. 25.]

§ 61-1302 Definitions

In this chapter:

(1) "Administrator" means the person with whom the Idaho public utilities commission contracts to administer the program for delivery of telecommunications relay services.

(2) "Commission" means the Idaho public utilities commission.

(3) "Communications-impaired" means individuals who are deaf, hard of hearing, or speech-impaired as defined in title IV, section 401, Americans with disabilities act of 1990, public law 101-336, 104 stat. 327, 336-69 (47 U.S.C. section 225) or regulations promulgated pursuant thereto.

(4) "Local exchange company" means a telephone corporation that provides access lines to residential and business customers with the associated transmission of two (2) way interactive switched voice communication within a geographic area where basic local exchange rates rather than message telecommunications service rates apply.

(5) "Message telecommunications service" shall have the meaning prescribed in section 62-603(8), Idaho Code.

(6) "Program" means the effort directed by the administrator pursuant to this chapter to establish and operate an Idaho system to provide telecommunications relay services.

(7) "Telephone corporation" shall have the meaning prescribed in section 62-603(14), Idaho Code.

(8) "Telecommunications relay services" (TRS) means services through which a communications-impaired person, using specialized telecommunications equipment, may send and receive messages to and from a noncommunications-impaired person whose telephone is not equipped with specialized telecommunications equipment and through which a noncommunications-impaired person may, by using voice communication, send and receive messages to and from a communications-impaired person.

[61-1302, added 1992, ch. 148, sec. 1, p. 443; am. 2020, ch. 12, sec. 6, p. 26.]

§ 61-1303 Administrator’s contract — TRS provider’s contract — Requirements

(1) (a) The commission shall contract with a qualified person to administer the program in accordance with the purposes of this chapter and to secure certification of the program by the federal communications commission. The program administrator shall not be an employee or officer of the state of Idaho, but shall have the capacity to sue and be sued with reference to administration of the program, except as hereinafter provided.

(b) The administrator’s contract shall require, but shall not be limited to, the following:

(i) that the administrator consult with, and receive recommendations from, the advisory committee, or a representative thereof, appointed by the commission pursuant to section 61-1306, Idaho Code;

(ii) that the administrator post a fidelity bond in such amount as may be required by the commission;

(iii) that the administrator meet timetables necessary to secure certification of the program by the federal communications commission;

(iv) that the administrator, upon such terms as to the commission may seem reasonable, issue a request for proposals to providers of message relay services requesting responsive proposals to provide such services as may be necessary for the program;

(v) that the administrator evaluate the responsive proposals and recommend one (1) or more proposals to the commission for its review and approval;

(vi) that the administrator enter into a contract with the provider of TRS, which contract and provider have been approved by the commission;

(vii) that the administrator consult with the Idaho state council for the deaf and hard of hearing concerning program design and delivery of message relay services to communications impaired persons within the state of Idaho; and

(viii) that the administrator perform such other services concerning the program as may be deemed reasonable and necessary by the commission.

(2) In addition to such other contractual terms as may be necessary or desirable, the administrator shall require, under the terms of the contract with the provider of TRS, that:

(a) The system be available statewide for operation seven (7) days a week, twenty-four (24) hours per day, three hundred sixty-five (365) days per year, for intrastate calls;

(b) The system relay all messages promptly and accurately;

(c) The provider preserve the confidentiality of all TRS communications, including the fact and contents of the communications; and

(d) The system make available to communications impaired individuals intrastate telecommunications relay services in the state of Idaho that meet or exceed the requirements of applicable regulations of the federal communications commission and which otherwise comply with all applicable state and federal laws.

(3) Except in cases of criminal or willful misconduct, gross negligence or willful violation of the provisions of this chapter, neither the commission, the administrator, the provider of TRS, nor the providers of underlying communications services shall be liable for any claims, actions, damages, or causes of action arising out of or resulting from the establishment, participation in, or operation of TRS.

(4) The administrator may receive contributions, gifts and grants on behalf of and in aid of the program. Such contributions, gifts and grants shall be deposited in the Idaho telecommunications relay services fund established pursuant to section 61-1304, Idaho Code.

[61-1303, added 1992, ch. 148, sec. 1, p. 444.]

§ 61-1304 Telecommunications relay services fund

(1) The administrator shall establish a fund for the provision of relay services under this chapter, not including customer premises equipment, to be known and designated as the Idaho telecommunications relay services fund, in such depository and under such regulations as shall be established by the commission, to which shall be credited:

(a) All monetary contributions, gifts and grants received by the administrator;

(b) All charges billed and collected pursuant to section 61-1305, Idaho Code.

(2) No funds derived from charges billed and collected pursuant to section 61-1305, Idaho Code, shall be used for the acquisition of end user text telephones.

(3) All moneys deposited in the telecommunications relay fund shall be expended for the purpose of defraying the expenses, debts and costs incurred in carrying out the provisions of this chapter, and 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 provisions of this chapter. All moneys credited to the telecommunications relay services fund may be expended by the administrator at such times and in such manner as may be authorized by the commission.

[61-1304, added 1992, ch. 148, sec. 1, p. 445.]

§ 61-1305 Participation in program

(1) All telephone corporations providing basic local exchange service within the state of Idaho and all telephone corporations providing intrastate message telecommunications service 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 services or message telecommunications services pursuant to the telecommunications act of 1988, chapter 6, title 62, Idaho Code, shall except as provided in subsection (2) of this section, provide TRS in accordance with the program established by the commission, and shall pay into the telecommunications relay services fund such sums as may represent the telephone corporation’s share of the cost of the program, based upon an allocation methodology duly adopted by the commission in accordance with its rulemaking procedures.

(2) The commission shall permit a telephone corporation to provide telecommunications relay services to its customers by a TRS provider other than the provider approved by the commission and shall waive the telephone corporation’s obligation to participate in the program if the commission finds, upon application by a telephone corporation, that the following facts exist:

(a) The telephone corporation will continue to meet its obligation to its Idaho customers in accordance with the standards set forth in the Americans with disabilities act; and

(b) The nonparticipation of such telephone corporation will not substantially impair the operation or provision of TRS pursuant to the program adopted by the commission.

(3) Each telephone corporation subject in whole or in part to the commission’s ratemaking authority may apply to the commission for authority to increase its rates and charges in an amount not to exceed its payments to the telecommunications relay services fund pursuant to this chapter or the costs it incurs in providing TRS through an alternative TRS provider as authorized by the commission pursuant to subsection (2) of this section. Such applications shall plainly state the amount of the proposed increase, its manner of calculation, and the proposed recovery method, but shall not require a full cost-of-service filing or general ratemaking presentation. The commission shall promptly consider and act upon such applications.

[61-1305, added 1992, ch. 148, sec. 1, p. 446.]

§ 61-1306 Powers and duties of the commission

The commission shall promulgate such rules, policies and procedures as may be necessary to govern administration of the program and ensure that the program is in compliance with any applicable federal laws or regulations including, but not limited to, regulations providing for:

(1) An advisory committee of the telephone industry to assist the administrator;

(2) Consultation by the administrator with the Idaho state council for the deaf and hard of hearing;

(3) Periodic recontracting with and auditing of the administrator and TRS provider;

(4) Timetables for the administrator’s duties that will require the administrator to meet the deadline of October 1, 1992, for applying for certification of the state TRS program;

(5) Formulas apportioning the costs of the administrator and TRS provider among the telephone corporations that will share those costs pursuant to section 61-1305, Idaho Code;

(6) Consideration by the commission of customer complaints from TRS users; and

(7) Any other matters deemed necessary for the implementation of TRS in Idaho.

[61-1306, added 1992, ch. 148, sec. 1, p. 446.]

Chapter 15 Energy Cost Recovery Bonds

§ 61-1501 Legislative intent

It is the intent of the legislature in enacting this chapter to provide a process by which the recovery of large energy rate increases caused by fuel or power cost adjustments, purchased gas adjustment tracker rates, commodity tracker rate adjustments or purchased power tracker rates will be facilitated by the issuance of bonds. This legislation will provide electric and gas utilities with a mechanism for recovery of their increased costs while leveling the rate impact of such increase on the utilities’ customers. The legislature believes that this type of securities legislation is in the public interest but should not be considered as an endorsement of, or intended to provide, a mechanism for restructuring of the utility industry in the state of Idaho.

[61-1501, added 2001, ch. 380, sec. 1, p. 1326.]

§ 61-1502 Definitions

For purposes of this chapter, the following terms shall have the following meanings:

(1) "Assignee" means any corporation, limited liability company, trust, partnership or other entity to which a public utility assigns, sells or transfers, other than as security, all or a portion of the public utility’s interest in or right to energy cost property. The term also includes any such entity to which an assignee assigns, sells or transfers, other than as security, the assignee’s interest in or right to energy cost property.

(2) "Chapter 9" means chapter 9, title 28, Idaho Code, as from time to time amended, including any successor provisions.

(3) "Commission" means the Idaho public utilities commission, as it may be constituted from time to time, and any successor agency exercising functions similar in purpose thereto.

(4) "ECA" means any of the following, as authorized by the commission and reflected in a usage-based charge of a public utility: a fuel or power cost adjustment; a purchased gas adjustment tracker rate; a commodity electric or gas tracker rate adjustment; or a purchased power tracker rate.

(5) "Energy cost amounts" means the amounts that a public utility, assignee or other issuer has been authorized to recover by the commission pursuant to an energy cost financing order, including without limitation:

(a) Amounts recoverable by a public utility pursuant to an ECA;

(b) Expenditures incurred to refinance or retire existing debt or existing equity capital of the public utility through the issuance of energy cost recovery bonds and any costs related thereto;

(c) Amounts necessary to recover federal or state taxes actually paid by a public utility, which tax liability is modified by the transactions approved in an energy cost financing order issued by the commission pursuant to this chapter; and

(d) Reasonable costs, as approved by the commission, relating to the issuance, servicing or refinancing of energy cost recovery bonds under the provisions of this chapter including, without limitation, principal and interest payments and accruals, sinking fund payments, debt service and other reserves, costs of credit enhancement, indemnities, if any, owed to an assignee or other issuer or the trustee for the energy cost recovery bonds, issuance costs and redemption premiums, if any, and all other reasonable fees, costs and charges with respect to the energy cost recovery bonds.

(6) "Energy cost bond charge" means a nonbypassable usage-based charge that the commission authorizes in an energy cost financing order as a separate line item for recovery on a public utility’s bill to all of its customers, whether such amounts are billed and/or collected by the public utility, any subsidiary or affiliate thereof, or any third party that may assume the responsibility for billing or collecting such charges.

(7) "Energy cost financing order" means an order of the commission issued in accordance with this chapter that authorizes the imposition and collection of energy cost amounts and the issuance of energy cost recovery bonds. If requested by an electric or gas public utility in its application for an energy cost financing order, energy cost bond charges shall be in an amount sufficient to recover federal and state taxes associated with the recovery of energy cost amounts described therein.

(8) "Energy cost property" means the irrevocable, vested property right created pursuant to this chapter and one (1) or more energy cost financing orders including, without limitation, the right, title and interest of a public utility, assignee or other issuer of energy cost recovery bonds to all revenues, collections, claims, payments, money or proceeds of or arising from an energy cost recovery charge or constituting the costs of recovering, reimbursing, financing or refinancing energy cost amounts and acquiring energy cost property (including the costs of issuing, servicing and retiring energy cost recovery bonds) and all rights to obtain adjustments to such energy cost recovery charge pursuant to the terms of this chapter and any energy cost financing order; provided that any right that a public utility has in the energy cost property before the sale or other transfer of such property or any other rights created under this chapter or created in any energy cost financing order and assignable under section 61-1504, Idaho Code, or assignable pursuant to an energy cost financing order shall be only a contract right. Energy cost property shall, upon its sale or other transfer, constitute a current and irrevocably vested property right notwithstanding the fact that the value of such property right will depend upon consumers using electricity and/or the public utility performing certain services.

(9) "Energy cost recovery bond" means any instrument, pass-through certificate, note, bond, debenture, certificate of participation, collateral trust certificate, beneficial interest or other evidence of indebtedness or ownership issued by a public utility, assignee or other issuer pursuant to an energy cost financing order and an executed indenture, security agreement or other similar agreement of a public utility, assignee or other issuer that is secured by or payable from energy cost bond charges or energy cost property.

(10) "Energy cost recovery bondholder" means any holder of an energy cost recovery bond or any trustee, collateral agent or other entity acting for the benefit of or on behalf of any such holder.

[61-1502, added 2001, ch. 380, sec. 1, p. 1327.]

§ 61-1503 Energy cost recovery bonds

An electric or gas public utility may apply to the commission for an energy cost financing order requesting that certain energy cost amounts be recovered through the sale of energy cost recovery bonds.

(1) A public utility may apply to the commission at any time and from time to time for an authorization that it may recover ECA amounts and other energy cost amounts through the issuance of energy cost recovery bonds. The public utility may apply to the commission for such an authorization either in a separate proceeding or in a proceeding considering the authorization of an ECA. Upon such an application, if the commission finds that the public interest would be better served if the energy cost amounts were recovered through the issuance of energy cost recovery bonds over the term of such bonds than if the ECA amounts were recovered over a period of one (1) year, assuming a conventional financing of such amounts, the commission shall issue an energy cost financing order to allow the public utility to recover energy cost amounts.

(2) The energy cost financing order shall detail the energy cost amount to be recovered and the period of time in which the energy cost recovery is to occur. The commission shall not issue an energy cost financing order unless the total of the then (a) existing ECAs, (b) existing energy cost bond charges, and (c) the amount identified by the electric or gas public utility in its application for such financing order as the additional ECA that would be required absent an issuance of energy cost recovery bonds pursuant to such financing order, exceeds a minimum amount (expressed in cents per kilowatt-hour or cents per therm) approved by the commission and in effect at the time of the issuance of such energy cost financing order. Each public utility shall, at least thirty (30) days prior to its first application for an energy cost financing order and at five (5) year intervals thereafter, file with the commission a proposal as to what such minimum amount should be and the commission shall, within twenty-eight (28) days of such filing, issue an order regarding its determination of such proposed minimum amount. Energy cost recovery bonds shall have an expected maturity date no later than five (5) years after the date of issuance, and scheduled principal payments on such bonds shall, to the extent practicable, be scheduled to be made in approximately equal amounts during each year of the term of such bonds. Energy cost recovery bonds shall have a legal maturity date no later than seven (7) years after the date of issuance. Energy cost bond charges shall remain in effect until all energy cost recovery bonds and all energy cost amounts have been paid in full. The commission may issue successive energy cost financing orders permitting subsequent issuances of energy cost recovery bonds.

(3) An energy cost financing order may be issued only upon the application of a public utility and shall become effective only in accordance with its terms and conditions. The public utility may withdraw its application if it disagrees with any of the terms and conditions of the energy cost financing order or any modification thereof within fourteen (14) days of issuance of the energy cost financing order or of such modification. The energy cost financing order shall specify the estimated amount of the energy cost bond charge and the formula for determining the amount of the charge that from time to time will be sufficient to recover all energy cost amounts.

(4) After issuance of an energy cost financing order, the public utility may sell, assign or otherwise transfer or pledge energy cost property or cause the energy cost recovery bonds to be issued, provided it may defer, postpone or refrain from effecting the sale, assignment, transfer, pledge or issuance, in which case no energy cost bond charge shall be imposed unless and until such energy cost recovery bonds are issued. If energy cost recovery bonds are not issued within one (1) year after the energy cost financing order becomes final and nonappealable, the authorization contained in the energy cost financing order shall expire, provided that a public utility may apply for an extension or renewal of an energy cost financing order.

(5) The energy cost financing orders, the energy cost amounts and the energy cost bond charges that have been determined by the commission shall be irrevocable and binding upon the commission. The commission shall not have authority either by rescinding, altering or amending the energy cost financing order or otherwise to, either directly or indirectly, revalue or revise for ratemaking purposes the energy cost amounts. Once the commission determines the energy cost bond charge, it cannot determine in a later proceeding that the energy cost bond charge is unjust or unreasonable or in any way reduce or impair the value of energy cost property either directly or indirectly by taking the energy cost bond charge into account when setting other rates for the public utility; nor shall the amount of revenues arising with respect thereto be subject to reduction, impairment, postponement or termination. The state of Idaho does hereby pledge to and agree with the owners of energy cost property and with any energy cost recovery bondholders that neither the state nor any of its agencies, including the commission, shall (by legislative action, ballot initiative or other similar process) limit, alter, restrict or impair the energy cost amounts, the energy cost bond charge, the energy cost property, the energy cost financing orders or any rights thereunder or ownership thereof or security interest therein or in any way impair the rights or remedies of any energy cost recovery bondholders until the energy cost recovery bonds, including all principal, interest, premium, costs, expenses and arrearages thereon, are fully met and discharged, provided nothing contained in this chapter shall preclude such a limitation, alteration, restriction or impairment if and when adequate provision (including without limitation provision for the payment of principal and interest when due) shall be made by law for the protection of the energy cost recovery bondholders. The state of Idaho does hereby acknowledge that any energy cost recovery bondholders may and will rely on this pledge and agreement and that they would be irreparably harmed by any such limitation, alteration, restriction or impairment without such adequate provision. The public utility and any assignee or other issuer are authorized to include this pledge and agreement in the energy cost recovery bonds and the documents relating thereto. Notwithstanding any other provision of this subsection, the commission shall approve such adjustments to the energy cost bond charges as may be necessary to ensure timely recovery of all energy cost amounts that are the subject of the pertinent energy cost financing order.

(6) Energy cost recovery bonds issued under this chapter and any energy cost financing orders do not constitute a debt or liability of the state or of any political subdivision thereof and do not constitute a pledge of the full faith and credit of the state or any of its political subdivisions, but are payable solely from the funds provided therefor. All the bonds shall contain on the face thereof a statement to the following effect: "Neither the full faith and credit nor the taxing power of the state of Idaho is pledged to the payment of the principal of, or interest on, this bond." This paragraph shall in no way preclude bond guarantees or enhancements pursuant to this chapter, nor shall it preclude the payment of compensation for any breach of the state’s pledge contained in subsection (5) of this section or for any action or failure to act by the commission in contravention of this chapter.

(7) The commission shall establish procedures for the expeditious processing of any application for energy cost financing orders, including the approval or disapproval of any such orders within forty-five (45) days of the application. In addition, each energy cost financing order shall specify a procedure for making adjustments to the energy cost bond charge that is the subject of the order, such adjustments to be expeditiously approved by the commission, so as to ensure the timely payment of principal and interest on the related energy cost recovery bonds and the recovery of all other energy cost amounts. Such procedure shall provide for adjustments to be made, upon application by the affected public utility, assignee or other issuer, at least annually and at such additional intervals, if any, as are specified in the order. The public utility, assignee or other issuer shall file its application for any such adjustment with the commission at least thirty (30) days before the date on which the adjustment is requested to become effective, and the commission shall approve or disapprove such application no later than thirty (30) days after the date of such filing. In addition, upon application by a public utility, assignee or other issuer after an energy cost financing order has been issued and has become effective, the commission may:

(a) Authorize the making of adjustments to the energy cost bond charge at more frequent intervals than those specified in such order; and/or

(b) Authorize a change in the method for calculating the energy cost bond charge from that specified in such order so as to better ensure the timely recovery of all energy cost amounts.

(8) The energy cost bond charge shall be treated as a charge for utility services for purposes of determining both the credit and collection standards to which customers (including, for purposes of this subsection, any parties that provide billing or collection services for energy supplied to another customer) may be held subject under applicable state law and the remedies for nonpayment that are available to a public utility under applicable state law, and such treatment shall not alter the tax, accounting or other intended characteristics of any energy cost bond financing.

(9) An energy cost bond charge shall constitute energy cost property when, and to the extent that, an energy cost financing order authorizing such energy cost bond charge has become effective in accordance with this chapter, and the energy cost property shall thereafter continuously exist as property for all purposes with all of the rights and privileges of this chapter for the period and to the extent provided in the energy cost financing order, but in any event until the energy cost recovery bonds are paid in full, including all principal, interest, premium, costs and arrearages thereon.

(10) Any surplus energy cost bond charge collections in excess of the amounts necessary to pay principal, premium, if any, interest, credit enhancement and all other fees, costs and charges with respect to energy cost recovery bonds shall be used to benefit customers in such manner as the commission may reasonably determine except to the extent that such use would result in a recharacterization of the tax, accounting or other intended characteristics of the financing.

[61-1503, added 2001, ch. 380, sec. 1, p. 1328.]

§ 61-1504 Procedure for issuance of bonds

(1) Public utilities, assignees or other issuers may issue energy cost recovery bonds upon approval by the commission in an energy cost financing order.

(2) Public utilities and assignees may sell and assign all or portions of their interest in energy cost property. Public utilities and assignees may sell or assign their interests to one (1) or more assignees or other issuers that make that property the basis for issuance of energy cost recovery bonds to the extent approved in the pertinent energy cost financing order. To the extent approved in the pertinent energy cost financing orders, public utilities and assignees may also pledge energy cost property as collateral, directly or indirectly, for energy cost recovery bonds providing for a security interest in the energy cost property, in the manner as set forth in section 61-1505, Idaho Code. Energy cost property may be sold or assigned by:

(a) The public utility, assignee or other issuer or a trustee for the holders of energy cost recovery bonds in connection with the exercise of remedies upon a default; or

(b) Any person acquiring the energy cost property after a sale or assignment pursuant to this subsection.

(3) To the extent that any interest in energy cost property is so sold or assigned, or is so pledged as collateral, the commission shall authorize the public utility to contract with an assignee or other issuer that it will continue to operate its system to provide service to its customers, will collect amounts with respect to the energy cost bond charges for the benefit and account of the assignee or other issuer, and will account for and remit these amounts to or for the account of the assignee or other issuer. Contracting with the assignee or other issuer in accordance with that authorization shall not impair or negate the characterization of the sale, assignment or pledge as an absolute transfer, a true sale or security interest, as applicable.

(4) Notwithstanding any other provision of law to the contrary, any requirement under this chapter or an energy cost financing order that the commission take action with respect to the subject matter of an energy cost financing order shall be binding upon the commission, as it may be constituted from time to time, and any successor agency exercising functions similar to the commission. The commission shall have no authority to rescind, alter or amend any such requirement under this chapter or an energy cost financing order; provided however, that nothing in this subsection shall preclude adjustments of the energy cost bond charges in accordance with the provisions of section 61-1503, Idaho Code. The issuance of energy cost recovery bonds, any related transfer or pledge of energy cost recovery property and any other transactions incidental to such issuance shall be exempt from the provisions of sections 61-901 through 61-908, Idaho Code, upon approval by the commission in an energy cost financing order. The commission shall include in any energy cost financing order any additional approvals that may be required in connection with such issuance under applicable law.

(5) An assignee or other issuer shall not be considered to be a public utility solely by virtue of the transactions described in this chapter.

[61-1504, added 2001, ch. 380, sec. 1, p. 1331.]

§ 61-1505 Security interest

(1) To the extent the provisions of this section conflict with chapter 9 as from time to time in effect, including any successor provisions, this section shall apply.

(2) A security interest in energy cost property is valid, is enforceable against the pledgor and third parties, subject to the rights of any third parties holding security interests in the energy cost property perfected in the manner described in this section, and attaches when all of the following have occurred:

(a) The commission has issued an energy cost financing order authorizing the energy cost bond charges, the right to the imposition and collection of which is included in the energy cost property;

(b) Value has been given by the pledgees of the energy cost property; and

(c) The pledgor has signed a security agreement covering the energy cost property.

(3) A valid and enforceable security interest in energy cost property is perfected when it has attached and when a financing statement has been filed in accordance with chapter 9, naming the pledgor of the energy cost property as "debtor" and identifying the energy cost property. Any description of the energy cost property shall be sufficient if it refers to the energy cost financing order creating the energy cost property. A copy of the financing statement shall be filed with the commission by the pledgor or transferor of the energy cost property, and the commission may require the pledgor or transferor to make other filings with respect to the security interest in accordance with procedures it may establish, provided that the filings shall not affect the perfection of the security interest. A financing statement filed pursuant to this section shall remain effective until a termination statement is filed.

(4) A perfected security interest in energy cost property is a continuously perfected security interest in all revenues and proceeds arising with respect thereto, whether or not the revenues or proceeds have accrued. Conflicting security interests shall rank according to priority in time of perfection. Energy cost property shall constitute property for all purposes, including for contracts securing energy cost recovery bonds, whether or not the revenues and proceeds arising with respect thereto have accrued.

(5) Subject to the terms of the security agreement covering the energy cost property and the rights of any third parties holding security interests in the energy cost property perfected in the manner described in this section, the validity and relative priority of a security interest created under this section is not defeated or adversely affected by the commingling of revenues arising with respect to the energy cost property with other funds of the public utility that is the pledgor or transferor of the energy cost property, or by any security interest in a deposit account of that public utility perfected under chapter 9, into which the revenues are deposited. Subject to the terms of the security agreement, the pledgees of the energy cost property shall have a perfected security interest in all cash and deposit accounts of the public utility in which revenues arising with respect to the energy cost property have been commingled with other funds, but the perfected security interest shall be limited to an amount not greater than the amount of the revenues with respect to the energy cost property received by the public utility within twelve (12) months before: (a) any default under the security agreement, or (b) the institution of insolvency proceedings by or against the public utility, less payments from the revenues to the pledgees during that twelve (12) month period.

(6) If an event of default occurs under the security agreement covering the energy cost property, the pledgees of the energy cost property, subject to the terms of the security agreement, shall have all rights and remedies of a secured party upon default under chapter 9, and shall be entitled to foreclose or otherwise enforce their security interest in the energy cost property, subject to the rights of any third parties holding prior security interests in the energy cost property perfected in the manner provided in this section. In addition, the commission may require, in the energy cost financing order creating the energy cost property, that, in the event of default by the public utility in payment of revenues arising with respect to the energy cost property, the commission and any successor thereto, upon the application by the pledgees or transferees, including transferees under section 61-1506, Idaho Code, of the energy cost property, and without limiting any other remedies available to the pledgees or transferees by reason of the default, shall order the sequestration and payment to the pledgees or transferees of revenues arising with respect to the energy cost property. Any order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the debtor, pledgor or transferor of the energy cost property.

(7) Energy cost recovery property shall constitute an account as that term is defined under chapter 9.

(8) Sections 28-9-204 and 28-9-205, Idaho Code, as from time to time amended, including any successor provisions, shall apply to a pledge of energy cost property by a public utility, assignee or other issuer.

(9) This subsection sets forth the terms by which a consensual security interest can be created and perfected in the energy cost property. Unless otherwise ordered by the commission with respect to any series of energy cost recovery bonds on or prior to the issuance of the series, there shall exist a statutory lien as provided in this subsection. Upon the effective date of the energy cost financing order, there shall exist a first priority lien on all energy cost property then existing or thereafter arising pursuant to the terms of the energy cost financing order. This lien shall arise by operation of this subsection automatically without any action on the part of the public utility, any assignee or other issuer, or any other person. This lien shall secure all obligations, then existing or subsequently arising, to the holders of the energy cost recovery bonds issued pursuant to the energy cost financing order, the trustee or representative for the holders, and any other entity specified in the energy cost financing order. The persons for whose benefit this lien is established shall, upon the occurrence of any defaults specified in the pertinent energy cost financing order, have all rights and remedies of a secured party upon default under chapter 9, and shall be entitled to foreclose or otherwise enforce this statutory lien in the energy cost property. This lien shall attach to the energy cost property regardless of who shall own, or shall subsequently be determined to own, the energy cost property including any public utility, any assignee or other issuer, or any other person. This lien shall be valid, perfected, and enforceable against the owner of the energy cost property and all third parties upon the effectiveness of the energy cost financing order without any further public notice; provided however, that any person may, but shall not be required to, file a financing statement in accordance with subsection (3) of this section. Financing statements so filed may be "protective filings" and shall not be evidence of the ownership of the energy cost property. A perfected statutory lien in energy cost property is a continuously perfected lien in all revenues and proceeds arising with respect thereto, whether or not the revenues or proceeds have accrued. Conflicting liens shall rank according to priority in time of perfection. In addition, the commission may require, in the energy cost financing order creating the energy cost property, that, in the event of default by the public utility in payment of revenues arising with respect to energy cost property, the commission and any successor thereto, upon the application by the beneficiaries of the statutory lien, and without limiting any other remedies available to the beneficiaries by reason of the default, shall order the sequestration and payment to the beneficiaries of revenues arising with respect to the energy cost property.

[61-1505, added 2001, ch. 380, sec. 1, p. 1332.]

§ 61-1506 Transfers in interest

(1) A transfer of energy cost property by a public utility to an assignee, or by an assignee to another assignee, that the parties have in the governing documentation expressly stated to be a sale or other absolute transfer, in a transaction approved in an energy cost financing order, shall be treated as an absolute transfer of all of the transferor’s right, title and interest, as in a true sale, and not as a pledge or other financing, of the energy cost property in each case notwithstanding any contrary treatment for federal and state income and franchise taxes, accounting or other purposes.

(2) A transfer of energy cost property shall be deemed perfected as against third persons and shall vest title in the transferee when both of the following have taken place:

(a) The commission has issued the energy cost financing order authorizing the energy cost bond charges included in the energy cost property.

(b) An assignment of the energy cost property in writing has been executed and delivered to the transferee.

(3) As between bona fide assignees of the same right for value without notice, the assignee first filing a financing statement in accordance with chapter 9, naming the assignor of the energy cost property as debtor and identifying the energy cost property has priority. Any description of the energy cost property shall be sufficient if it refers to the energy cost financing order creating the energy cost property. A copy of the financing statement shall be filed by the assignee with the commission, and the commission may require the assignor or the assignee to make other filings with respect to the transfer in accordance with procedures it may establish, but these filings shall not affect the perfection of the transfer.

(4) The interest of an assignee or pledgee in energy cost property and in the revenues and collections arising from such property are not subject to set-off, counterclaim, surcharge or defense by the public utility or any other person or in connection with the bankruptcy of the public utility or any other person.

[61-1506, added 2001, ch. 380, sec. 1, p. 1335.]

§ 61-1507 Successors

Any successor to the public utility, whether pursuant to any bankruptcy, reorganization or other insolvency proceeding, or pursuant to any merger, sale or transfer, by operation of law or otherwise, shall perform and satisfy all obligations of the public utility pursuant to this chapter in the same manner and to the same extent as was required of the public utility before such proceeding or merger, sale or transfer including, but not limited to, billing, collecting and paying to the energy cost recovery bondholders or their representatives or the applicable financing entity energy cost recovery charges and any other revenues arising with respect to the energy cost property sold to the applicable financing entity or pledged to secure energy cost recovery bonds and seeking energy cost bond charge adjustments, as necessary and permitted by the pertinent energy cost financing order, to recover all energy cost amounts designated in such energy cost financing order.

[61-1507, added 2001, ch. 380, sec. 1, p. 1335.]

§ 61-1508 Severability

If any provision of this chapter is held to be invalid or is invalidated, superseded, replaced or repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this chapter or any other provision of this title that is relevant to the issuance, administration, payment, retirement or refunding of energy cost recovery bonds or to any actions of the public utility, its successors, an assignee or other issuer or a collection agent, which shall remain in full force and effect.

[61-1508, added 2001, ch. 380, sec. 1, p. 1335.]

Chapter 16 Utility Cost Reduction Bonds

§ 61-1601 Legislative intent

It is the intent of the legislature in enacting this chapter to authorize the public utilities commission to approve certain cost reduction charges or rates as a method of financing or refinancing costs incurred or to be incurred by electric and gas utilities that will accrue benefits to Idaho consumers through reduced utility rates. The legislature believes that this type of securities legislation is in the public interest but should not be considered as endorsement of, or intended to provide, a mechanism for restructuring of the utility industry in the state of Idaho.

[61-1601, added 2005, ch. 372, sec. 1, p. 1186.]

§ 61-1602 Definitions

For purposes of this chapter, the following terms shall have the following meanings, unless the context clearly requires otherwise:

(1) "Approved costs" means the amounts that a public utility or assignee has been authorized to recover by the commission pursuant to a cost reduction order including, without limitation:

(a) Amounts incurred or to be incurred for purposes for which a public utility may issue stock and stock certificates or other evidences of interest or ownership, or bonds, notes or other evidences of indebtedness under chapter 9, title 61, Idaho Code;

(b) Amounts necessary to recover federal or state taxes actually paid by a public utility, which tax liability is modified by the transactions approved in a cost reduction order issued by the commission pursuant to this chapter; and

(c) Reasonable costs, as approved by the commission, relating to the issuance, servicing or refinancing of cost reduction instruments under the provisions of this chapter including, without limitation, principal, interest or other payments and accruals, sinking fund payments, debt service and other reserves, costs of credit enhancement, indemnities, if any, owed to an assignee or the trustee for the cost reduction instrument, issuance costs and redemption premiums, if any, and all other reasonable fees, costs and charges with respect to the cost reduction instrument.

(2) "Assignee" means any corporation, limited liability company, trust, partnership or other entity to which a public utility assigns, sells or transfers, other than as security, all or a portion of the public utility’s interest in or right to cost reduction property. The term also includes any such entity to which an assignee assigns, sells or transfers, other than as security, the assignee’s interest in or right to cost reduction property.

(3) "Chapter 9" means chapter 9, title 28, Idaho Code, as from time to time amended, including any successor provisions.

(4) "Cost reduction instrument" means any instrument, pass-through certificate, note, bond, debenture, certificate of participation, collateral trust certificate, beneficial interest or other evidence of indebtedness or ownership issued by a public utility or an assignee pursuant to a cost reduction order and an executed indenture, security agreement or other similar instrument that is secured by or payable from cost reduction rates or cost reduction property.

(5) "Cost reduction instrument holder" means any holder of a cost reduction instrument or any trustee, collateral agent or other entity acting for the benefit of or on behalf of any such holder.

(6) "Cost reduction order" means an order of the commission issued in accordance with this chapter that authorizes the imposition and collection of approved costs.

(7) "Cost reduction property" means the irrevocable, vested property right created pursuant to this chapter and one (1) or more cost reduction orders including, without limitation, the right, title and interest of a public service company or assignee to all revenues, collections, claims, payments, money or proceeds of or arising from a cost reduction rate, and all rights to obtain adjustments to such cost reduction rate pursuant to the terms of this chapter and any cost reduction order.

(8) "Cost reduction rate" means a charge or rate that the commission authorizes in a cost reduction order, whether such amounts are billed and/or collected by the public utility, an assignee, any subsidiary or affiliate thereof, or any third party that may assume the responsibility for billing or collecting such cost reduction charges.

(9) "Public utility" means any electric or gas corporation subject to the jurisdiction, regulation and control of the public utilities commission as contained in chapter 1, title 61, Idaho Code.

[61-1602, added 2005, ch. 372, sec. 1, p. 1187.]

§ 61-1603 Cost reduction order

(1) A public utility may apply to the commission for a cost reduction order authorizing the recovery of approved costs through the imposition and collection of a cost reduction rate.

(2) A public utility may apply to the commission from time to time for a cost reduction order in a manner prescribed by the commission, in separate proceedings for this purpose or in connection with a general rate case. Such application may also include a request for authority to issue and sell cost reduction instruments to be secured by or payable from the cost reduction rate that results from such cost reduction order or the cost reduction property created by this chapter and the cost reduction order related to such cost reduction rate. Upon such an application, if the commission finds that the public interest would be served if the approved costs were recovered through a cost reduction rate, the commission shall issue a cost reduction order to allow the public utility to recover the approved costs through a cost reduction rate and may also provide authority to issue and sell cost reduction instruments.

(3) A cost reduction order shall detail the approved costs to be recovered and the period of time in which recovery of the approved costs is to occur. A cost reduction order shall specify the amount of the cost reduction rate and the method for determining the amount of the cost reduction rate that from time to time will be sufficient to recover all approved costs. Cost reduction rates shall remain in effect until all approved costs have been paid in full.

(4) A cost reduction order may be issued only upon the application of a public utility and shall become effective only in accordance with its terms and conditions. A public utility may withdraw its application for a cost reduction order if it disagrees with any of the terms and conditions of the order within fourteen (14) days of service of a final order on the public utility. A public utility shall effect the withdrawal of its application by filing a written notice of withdrawal with the commission within such time period. Nothing in this section shall be construed to limit or preclude other remedies that may be available to the public utility under applicable law.

(5) No public utility shall be treated as having acted unreasonably or imprudently by reason of its failure to apply for a cost reduction order, by reason of its withdrawal of an application for a cost reduction order, or by reason of its failure to arrange for the issuance of cost reduction instruments pursuant to a cost reduction order.

(6) Upon issuance of a cost reduction order, a public utility may sell, assign or otherwise transfer or pledge cost reduction property created by this chapter and the applicable cost reduction order, and if authorized by the particular cost reduction order, a public utility or an assignee may issue or cause to be issued cost reduction instruments.

(7) Any cost reduction order, and the approved costs and the cost reduction rates that have been authorized by the commission in such cost reduction order, shall be irrevocable and binding upon the commission. The commission shall not have authority either by rescinding, altering or amending a cost reduction order or otherwise to, either directly or indirectly, revalue or revise for ratemaking purposes the approved costs or the cost reduction rates. Once the commission authorizes a cost reduction rate, it cannot determine in a later proceeding that the cost reduction rate is unjust or unreasonable, or in any way reduce or impair the value of related cost reduction property, either directly or indirectly, by taking the cost reduction rate into account when setting other rates for the public utility; nor shall the amount of revenues arising with respect thereto be subject to reduction, impairment, postponement or termination. The state of Idaho does hereby pledge to and agree with the owners of cost reduction property and with any cost reduction instrument holders that neither the state nor any of its agencies, including the commission, shall (by administrative or legislative action, ballot initiative or other similar process) limit, alter, restrict or impair the approved costs, the cost reduction rate, the cost reduction property, the cost reduction orders or any rights thereunder or ownership thereof or security interest therein or in any way impair the rights or remedies of any cost reduction instrument holders. The state does hereby acknowledge that any cost reduction instrument holders may and will rely on this pledge and agreement and that they would be irreparably harmed by any such limitation, alteration, restriction or impairment without such adequate provision.

(8) Notwithstanding any other provision of this chapter, the commission will from time to time, and no less frequently than annually, approve adjustments to the cost reduction rates as may be necessary to ensure timely and complete recovery of all approved costs that are the subject of the pertinent cost reduction order.

(9) Subject to the foregoing limitations, the commission has the same authority with respect to a proposed cost reduction rate as it has with regard to any other tariff, schedule or classification the effect of which is to change any rate or charge, including, without limitation, the power granted by chapter 6, title 61, Idaho Code, to conduct a hearing concerning a proposed cost reduction rate and the reasonableness and justness thereof.

(10) The commission shall establish procedures for the expeditious processing of any application for cost reduction orders and adjustments thereto, including the approval or disapproval of any such orders within forty-five (45) days of the application therefor.

[61-1603, added 2005, ch. 372, sec. 1, p. 1188.]

§ 61-1604 Limitation on aggregate amount of cost reduction financing

The amount of approved costs in a cost reduction order, either individually or in the aggregate with previously approved costs included in cost reduction orders that remain outstanding, may not exceed an amount equal to forty percent (40%) of the public utility’s total capitalization, including both debt and equity, as of the end of the fiscal year of such public utility preceding the application for such cost reduction order.

[61-1604, added 2005, ch. 372, sec. 1, p. 1189.]

§ 61-1605 Cost reduction rate

(1) Each cost reduction order shall specify a procedure for making adjustments to the cost reduction rate that is the subject of the order.

(2) Upon application by a public utility the commission may:

(a) Authorize the making of adjustments to the cost reduction rate at more frequent intervals than those specified in such order; and/or

(b) Authorize a change in the method for calculating the cost reduction rate from that specified in such order so as to better ensure the timely and complete recovery of all approved costs.

(3) The cost reduction rate shall be treated as a charge for utility services for purposes of determining both the credit and collection standards and the remedies for nonpayment that are available to a public utility.

(4) A cost reduction rate shall constitute cost reduction property when, and to the extent that, a cost reduction order authorizing such cost reduction rate has become effective in accordance with this chapter, and the cost reduction property shall thereafter continuously exist as property for all purposes with all of the rights and privileges of this chapter for the period and to the extent provided in the cost reduction order, but in any event until the approved costs are paid in full.

(5) Any surplus cost reduction rate collections in excess of the amounts necessary to pay approved costs shall be used in such manner as the commission may reasonably determine.

(6) The obligation to pay amounts in respect of a cost reduction rate cannot be avoided by the formation of a local publicly owned utility or other entity, or by annexation of any portion of the service territory of the public utility by a local publicly owned electric utility or other entity.

[61-1605, added 2005, ch. 372, sec. 1, p. 1189.]

§ 61-1606 Cost reduction instruments

(1) Public utilities and assignees may issue and sell cost reduction instruments upon approval by the commission of such action in a cost reduction order.

(2) Public utilities and assignees may sell and assign all or portions of their interest in cost reduction property that is the basis for the issuance of cost reduction instruments to the extent approved in the pertinent cost reduction order. To the extent approved in the pertinent cost reduction orders, public utilities and assignees may also pledge cost reduction property as collateral, directly or indirectly, for cost reduction instruments providing for a security interest in the cost reduction property, in the manner as set forth in this chapter. Cost reduction property may also be sold or assigned by:

(a) A public utility, an assignee or a trustee for the holders of cost reduction instruments in connection with the exercise of remedies upon a default; or

(b) Any person acquiring the cost reduction property after a sale or assignment pursuant to this subsection.

(3) To the extent that any interest in cost reduction property is so sold or assigned, or is so pledged as collateral, the commission may authorize the public utility to contract with an assignee that it will continue to operate its system to provide service to its customers, will collect amounts with respect to the cost reduction rates for the benefit and account of the assignee, and will account for and remit these amounts to or for the account of the assignee. Contracting with the assignee in accordance with that authorization shall not impair or negate the characterization of the sale, assignment or pledge as an absolute transfer, a true sale or security interest, as applicable.

(4) Upon approval by the commission of a cost reduction order, any issuance of cost reduction instruments approved therein, any related transfer or pledge of cost reduction property and any other transactions incidental to such issuance shall be exempt from the requirements of 61-901 through 61-908, Idaho Code. The commission may include in any cost reduction order any additional approvals that may be required in connection with such issuance under applicable law.

(5) An assignee shall not be considered to be an electric or gas corporation solely by virtue of the transactions described in this chapter.

[61-1606, added 2005, ch. 372, sec. 1, p. 1190.]

§ 61-1607 Security interest

(1) To the extent the provisions of this section conflict with chapter 9 as from time to time in effect, including any successor provisions, this section shall apply.

(2) A security interest in cost reduction property is valid, is enforceable against the pledgor and third parties, subject to the rights of any third parties holding security interests in the cost reduction property perfected in the manner described in this section, and attaches when all of the following have occurred:

(a) The commission has issued a cost reduction order authorizing a cost reduction rate, the right to the imposition and collection of which is included in the cost reduction;

(b) Value has been given by the pledgees of the cost reduction property; and

(c) The pledgor has signed a security agreement covering the cost reduction property.

(3) A valid and enforceable security interest in cost reduction property is perfected when it has attached and when a financing statement has been filed in accordance with chapter 9, naming the pledgor of the cost reduction property as "debtor" and identifying the cost reduction property. Any description of the cost reduction property shall be sufficient if it refers to the cost reduction order creating the cost reduction property. A copy of the financing statement shall be filed with the commission by the pledgor or transferor of the cost reduction property, and the commission may require the pledgor or transferor to make other filings with respect to the security interest in accordance with procedures it may establish, provided that the filings shall not affect the perfection of the security interest. A financing statement filed pursuant to this section shall remain effective until a termination statement is filed.

(4) A perfected security interest in cost reduction property is a continuously perfected security interest in all revenues and proceeds arising with respect thereto, whether or not the revenues or proceeds have accrued. Conflicting security interests shall rank according to priority in time of perfection. Cost reduction property shall constitute property for all purposes, including for contracts securing cost reduction instruments, whether or not the revenues and proceeds arising with respect thereto have accrued.

(5) Subject to the terms of the security agreement covering the cost reduction property and the rights of any third parties holding security interests in the cost reduction property perfected in the manner described in this section, the validity and relative priority of a security interest created under this section is not defeated or adversely affected by the commingling of revenues arising with respect to the cost reduction property with other funds of the public utility that is the pledgor or transferor of the cost reduction property, or by any security interest in a deposit account of that public utility perfected under chapter 9, into which the revenues are deposited. Subject to the terms of the security agreement, the pledgees of the cost reduction property shall have a perfected security interest in all cash and deposit accounts of the public utility in which revenues arising with respect to the cost reduction property have been commingled with other funds, but the perfected security interest shall be limited to an amount not greater than the amount of the revenues with respect to the cost reduction property received by the public utility within twelve (12) months before: (a) any default under the security agreement, or (b) the institution of insolvency proceedings by or against the public utility, less payments from the revenues to the pledgees during that twelve (12) month period.

(6) If an event of default occurs under the security agreement covering the cost reduction property, the pledgees of the cost reduction property, subject to the terms of the security agreement, shall have all rights and remedies of a secured party upon default under chapter 9, and shall be entitled to foreclose or otherwise enforce their security interest in the cost reduction property, subject to the rights of any third parties holding prior security interests in the cost reduction property perfected in the manner provided in this section. In addition, the commission may require, in the cost reduction order creating the cost reduction property, that, in the event of default by the public utility in payment of revenues arising with respect to the cost reduction property, the commission and any successor thereto, upon the application by the pledgees or transferees, including transferees under section 61-1608, Idaho Code, of the cost reduction property, and without limiting any other remedies available to the pledgees or transferees by reason of the default, shall order the sequestration and payment to the pledgees or transferees of revenues arising with respect to the cost reduction property. Any order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the debtor, pledgor or transferor of the cost reduction property.

(7) Cost reduction property shall constitute a payment intangible as that term is defined under chapter 9.

(8) Sections 28-9-204 and 28-9-205, Idaho Code, as from time to time amended, including any successor provisions, shall apply to a pledge of cost reduction property by a public utility, assignee or other issuer.

(9) This section sets forth the terms by which a consensual security interest can be created and perfected in cost reduction property. Unless otherwise ordered by the commission with respect to any series of cost reduction instruments on or prior to the issuance of the series, there shall exist a statutory lien as provided in this section. Upon the effective date of the cost reduction order, there shall exist a first priority lien on all cost reduction property then existing or thereafter arising pursuant to the terms of the cost reduction order. This lien shall arise by operation of this section automatically without any action on the part of the public utility, any assignee or other issuer, or any other person. This lien shall secure all obligations, then existing or subsequently arising, to the holders of the cost reduction instruments issued pursuant to the cost reduction order, the trustee or representative for the holders, and any other entity specified in the cost reduction order. The persons for whose benefit this lien is established shall, upon the occurrence of any defaults specified in the pertinent cost reduction order, have all rights and remedies of a secured party upon default under chapter 9, and shall be entitled to foreclose or otherwise enforce this statutory lien in the cost reduction property. This lien shall attach to the cost reduction property regardless of who shall own, or shall subsequently be determined to own, the cost reduction property including any public utility, any assignee or other issuer, or any other person. This lien shall be valid, perfected, and enforceable against the owner of the cost reduction property and all third parties upon the effectiveness of the cost reduction order without any further public notice; provided however, that any person may, but shall not be required to, file a financing statement in accordance with subsection (3) of this section. Financing statements so filed may be "protective filings" and shall not be evidence of the ownership of the cost reduction property. A perfected statutory lien in cost reduction property is a continuously perfected lien in all revenues and proceeds arising with respect thereto, whether or not the revenues or proceeds have accrued. Conflicting liens shall rank according to priority in time of perfection. In addition, the commission may require, in the cost reduction order creating the cost reduction property, that, in the event of default by the public utility in payment of revenues arising with respect to cost reduction property, the commission and any successor thereto, upon the application by the beneficiaries of the statutory lien, and without limiting any other remedies available to the beneficiaries by reason of the default, shall order the sequestration and payment to the beneficiaries of revenues arising with respect to the cost reduction property.

[61-1607, added 2005, ch. 372, sec. 1, p. 1191.]

§ 61-1608 Transfers in interest

(1) A transfer of cost reduction property by a public utility to an assignee, or by an assignee to another assignee, that the parties have in the governing documentation expressly stated to be a sale or other absolute transfer, in a transaction approved in a cost reduction order, shall be treated as an absolute transfer of all of the transferor’s right, title and interest, as in a true sale, and not as a pledge or other financing, of the cost reduction property, in each case notwithstanding any contrary treatment for federal or state income and franchise taxes, accounting or other purposes.

(2) A transfer of cost reduction property shall be deemed perfected as against third persons and shall vest title in the transferee when both of the following have taken place:

(a) The commission has issued the cost reduction order authorizing the cost reduction rate included in the cost reduction property; and

(b) A written assignment of the cost reduction property has been executed and delivered to the transferee.

(3) As between bona fide assignees of the same right for value without notice, the assignee first filing a financing statement in accordance with chapter 9, naming the assignor of the cost reduction property as debtor and identifying the cost reduction property has priority. Any description of cost reduction property shall be sufficient if it refers to the cost reduction order creating the cost reduction property. A copy of the financing statement shall be filed by the assignee with the commission, and the commission may require the assignor or the assignee to make other filings with respect to the transfer in accordance with procedures it may establish, but these filings shall not affect the perfection of the transfer.

(4) The interest of an assignee or pledgee in cost reduction property and in the revenues and collections arising from such property are not subject to set-off, counterclaim, surcharge or defense by the public utility or any other person or in connection with the bankruptcy of the public utility or any other person.

[61-1608, added 2005, ch. 372, sec. 1, p. 1193.]

§ 61-1609 Successors

Any successor to the public utility, whether pursuant to any bankruptcy, reorganization or other insolvency proceeding, or pursuant to any merger, sale or transfer, by operation of law or otherwise, shall perform and satisfy all obligations of the public utility pursuant to this chapter in the same manner and to the same extent as was required of the public utility before such proceeding or merger, sale or transfer including, but not limited to, billing, collecting and paying to the cost reduction instrument holders, or their representatives or the applicable financing entity, cost reduction rates and any other revenues arising with respect to the cost reduction property sold to the applicable financing entity or pledged to secure cost reduction instruments and seeking cost reduction rate adjustments, as necessary and permitted by the pertinent cost reduction order, to recover all approved costs designated in such cost reduction order.

[61-1609, added 2005, ch. 372, sec. 1, p. 1194.]

§ 61-1610 Disclaimer of state full faith and credit

Cost reduction rates, cost reduction property, and any related cost reduction instruments issued under this chapter and any applicable cost reduction orders do not constitute a debt or liability of this state or of any political subdivision thereof and do not constitute a pledge of the full faith and credit of this state or any of its political subdivisions, but are payable solely from the funds provided therefor. Any cost reduction instruments shall contain on the face thereof a statement to the following effect: "Neither the full faith and credit nor the taxing power of the state of Idaho is pledged to the payment of the principal of, or interest on, this instrument."

[61-1610, added 2005, ch. 372, sec. 1, p. 1194.]

§ 61-1611 Severability

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

[61-1611, added 2005, ch. 372, sec. 1, p. 1194.]

Chapter 17 Siting of Certain Electrical Transmission Facilities

§ 61-1701 Legislative purposes and findings

(1) The provisions of this chapter apply to the construction or modification of transmission facilities located in a national interest electric transmission corridor designated by the secretary of the United States department of energy under section 1221 of the energy policy act of 2005. The purpose of this chapter is to provide for the efficient and timely review of applications for the siting of electric transmission facilities in federally designated national interest electric transmission corridors. The review is intended to facilitate participation from all interested entities and individuals and to avoid federal preemption.

(2) The legislature finds that the efficient and safe transmission of electricity is critical to the well-being of the citizens and the economy of this state, the region and the nation. The legislature further finds that enactment of this chapter is necessary for the protection of the public welfare and public interest.

(3) After the secretary has designated national interest electric transmission corridors in Idaho, no construction or modification of transmission facilities may be undertaken in a national interest electric transmission corridor without first obtaining a route certificate from the commission.

[61-1701, added 2007, ch. 186, sec. 1, p. 535.]

§ 61-1702 Definitions

(1) "Affected landowner" includes owners of property interests, as reflected in the most recent county or city tax records as receiving the tax notice, whose property:

(a) Is directly affected, either crossed or used, by the proposed transmission line, including all facility sites, rights-of-way, access roads and temporary work spaces; and

(b) Abuts either side of an existing right-of-way or facility site owned in fee by any utility company, or abuts the edge of a proposed transmission line or right-of-way which runs along a property line in the area in which the transmission line would be constructed, or contains a residence within fifty (50) feet of the proposed transmission line.

(2) "Application" means any request by a transmitting utility for a route certificate for the construction and operation of new transmission facilities or the modification of existing transmission facilities located in a national interest electric transmission corridor in Idaho.

(3) "Commission" means the Idaho public utilities commission.

(4) "Local government" means a city or county.

(5) "National interest electric transmission corridor" is any geographic area designated by the secretary of energy as experiencing electric energy transmission capacity constraints or congestion pursuant to section 1221 of the energy policy act of 2005.

(6) "Secretary" means the secretary of the United States department of energy.

(7) "Transmission facility" means:

(a) Newly constructed high voltage transmission lines with an operating level capacity of one hundred fifteen thousand (115,000) volts or more;

(b) Rebuilt and upgraded existing high voltage transmission lines with an operating level capacity of at least fifty-seven thousand (57,000) volts to one hundred fifteen thousand (115,000) volts or more along the same right-of-way; or

(c) Electric facilities associated with high voltage transmission lines such as substations, switchyards or temporary contractor work yards.

(8) "Transmitting utility" is an entity that owns, operates or controls facilities used for the transmission of electric energy in interstate commerce.

[61-1702, added 2007, ch. 186, sec. 1, p. 535; am. 2016, ch. 47, sec. 40, p. 125.]

§ 61-1703 Commission authority — Preemption — Rules

(1) In the event that the secretary designates a national interest electric transmission corridor within Idaho, the public utilities commission is authorized to review the siting of all electric transmission facilities within such federally designated corridor. After notice and an opportunity for hearing, the commission shall review and deny, approve, or approve with conditions an application seeking a route certificate to construct transmission facilities within a designated national interest electric transmission corridor.

(2) In reviewing an application for a route certificate, the commission shall base its findings on the following standards:

(a) The regional or national benefits expected to be achieved by the proposed construction or modification of transmission facilities;

(b) The proposed construction or modification will significantly reduce transmission congestion in interstate commerce and benefit electric consumers;

(c) The proposed construction or modification is consistent with sound national energy policy and will enhance energy independence;

(d) The proposed construction or modification is consistent with the public interest;

(e) The proposed route minimizes adverse impacts on the important environmental features of the state and localities to the extent reasonable and economical;

(f) The transmission utility has the financial ability and experience to undertake the construction of transmission facilities; and

(g) The proposed modification will maximize, to the extent reasonable and economical, and consistent with reliability planning, the transmission capabilities of existing towers or structures.

(3) The commission is vested with the authority to preempt local government land use decisions pertaining to the construction of transmission facilities in national interest electric transmission corridors in the following instances:

(a) If a local government has denied or not authorized a transmitting utility to construct transmission facilities in a designated national interest electric transmission corridor by sixty (60) days after an application for a route certificate has been filed with the commission; or

(b) If the transmitting utility claims that a local land use condition imposed by a local government is unreasonable or not economical, then the commission may preempt the local government’s denial, lack of decision or conditioned decision after giving the affected local government an opportunity to appear before the commission.

The transmitting utility shall have the burden of demonstrating that the local government’s final land use decision will not be timely issued, is unreasonable, or is not economical.

(4) The commission may promulgate temporary and proposed rules as may be necessary to implement the timely review of applications for transmission routing certificates in a national interest electric transmission corridor.

[61-1703, added 2007, ch. 186, sec. 1, p. 536.]

§ 61-1704 Notice of intent to file — Content — Prefiling procedures

(1) Each transmission utility seeking authority to site electric transmission facilities in a national interest electric transmission corridor, shall submit a notice of intent to file an application for a route certificate. The notice of intent shall be filed with the commission at least one hundred twenty (120) days before the transmission utility intends to file an application for a transmission route certificate. If the application described in the notice of intent is not filed within one hundred eighty (180) days, the notice will be considered withdrawn unless the transmitting utility provides a written statement that it still intends to file an application as originally described in the notice of intent.

(2) The notice of intent shall include, but is not limited to, the following information:

(a) The name and mailing address of the transmitting utility including a contact name, address and telephone number of the contact person for the notice of intent. If the transmitting utility is a corporation, copies of its articles of incorporation and proof of its authorization and/or registration to conduct business in Idaho;

(b) A detailed description of the proposed transmission route, including location maps and plot plans to scale showing all major components including a description of zoning and site availability for any permanent transmission facility;

(c) A description of the proposed right-of-way width for the transmission line, including to what extent a new right-of-way will be required or an existing right-of-way will be widened;

(d) A description of the proposed transmission line structures and their dimensions;

(e) A description of the schedule desired for the project including the expected application filing date, the desired date for commission approval, the beginning date for construction, and the proposed project operation date;

(f) A list of the federal, state, tribal and local government permitting entities including mailing address, contact names, telephone numbers and e-mail addresses. The notice shall disclose how the transmitting utility intends to account for each of the permitting entities and when it proposes to file with these permitting entities for the respective permits or other authorizations prior to the route certificate application in section 61-1705, Idaho Code;

(g) A statement that the transmitting utility has, or will within three (3) days of filing the notice of intent with the commission, provide a copy of such notice to affected landowners, local governments, and tribal, federal and state permitting entities;

(h) A list and description of the website and physical locations where copies of the notice of intent are located in each county traversed by the proposed transmission route; and

(i) An explanation of what rights the affected landowner has at the commission and in proceedings under the Idaho eminent domain laws.

(3) Within three (3) days of filing the notice of intent with the commission, the transmitting utility shall publish notice of its filing. The transmitting utility shall:

(a) Make available copies of the notice of intent in publicly accessible locations in each county or city throughout the project area in either electronic or paper format;

(b) Create and maintain an up-to-date project website devoted solely to dispense information about the proposed transmission project;

(c) Designate a single point of contact and explain how the transmitting utility will respond to requests for information from the public as well as federal, state, local government and tribal permitting entities; and

(d) Cause to be published in a daily or weekly newspaper of general circulation at least once per week for two (2) weeks in each county where the proposed transmission route is located that a notice of intent has been filed with the commission. This public notice shall describe the proposed route including a map of the route, and advise readers how to obtain more information.

(4) The commission shall, within twenty-one (21) days from when the notice of intent is filed, convene a preapplication conference with the transmitting utility, federal, state, local government and tribal permitting entities, for the purpose of reviewing the notice of intent.

[61-1704, added 2007, ch. 186, sec. 1, p. 537.]

§ 61-1705 Application for a route certificate

(1) Each application for a route certificate to construct a transmission facility within a designated national interest electric transmission corridor shall contain the following general information:

(a) The exact legal name of the transmitting utility; its principal place of business; whether the transmitting utility is an individual, partnership, corporation, or otherwise; the state laws under which the transmitting utility is organized or authorized; and the name, title, mailing address and e-mail address of the person or persons to whom communications concerning the application are to be addressed;

(b) A concise description of the transmitting utility’s existing operation;

(c) A concise description of the proposed project sufficient to explain its scope and purpose. The description must, at a minimum: describe the proposed location of the principal project transmission facilities and the planned routing of the transmission line; contain the general characteristics of the transmission line including voltage, types of towers, and origin and termination point of the transmission line; describe the geographic character of areas traversed by the line; and be accompanied by an overview map of sufficient scale to show the entirety of the transmission route on no more than two (2) pages measuring eight and one-half (8.5) inches by eleven (11) inches;

(d) Verification that the proposed route lies within a national interest electric transmission corridor designated by the secretary;

(e) A demonstration that the transmission facility to be authorized by the certificate will be used for the transmission of electric energy in interstate commerce, and that the proposed construction or modification is consistent with the standard set out in subsection (2) of section 61-1703, Idaho Code;

(f) A general description of project financing;

(g) A description of the proposed construction and operation of the facilities, including the proposed date for the beginning and completion of construction and the date for commencement of service;

(h) A list of the local governments that have already approved local land use applications for the transmission project under applicable comprehensive plans and land use ordinances;

(i) A full statement as to whether any other permitting application filed in conjunction with the proposed project is outstanding, and if so, the nature and status of each such permitting application;

(j) A full statement as to whether the transmitting utility is requesting the preemption of local governments that have not yet issued a final decision, have denied, or have conditioned land use applications in an allegedly unreasonable or uneconomical manner; and

(k) A table of contents listing all exhibits and documents by their appropriate titles in alphabetical letter designations. A table of contents will list each exhibit and document.

(2) Each application for a route certificate must be accompanied by exhibits containing the following information in substantially the same format.

(a) Exhibit A – Articles of incorporation and bylaws if the transmitting utility is a corporation. If the transmitting utility is not a corporation, then other similar documents showing the business relationship of the transmitting utility.

(b) Exhibit B – State Authorization. Proof that the transmitting utility is authorized to do business in Idaho, a statement showing the date of such authorization, the scope of the business the transmitting utility is authorized to carry on, and all limitations, if any, including an expiration date and renewal obligations.

(c) Exhibit C – Company Officials. A list of the names and business addresses of the transmitting utility’s officers and directors, or similar officials if the transmitting utility is not a corporation.

(d) Exhibit D – Pending Applications and Filings. A list of applications and filings submitted by the transmitting utility that are pending before a federal, state, tribal, or local government permitting entity that affect the proposed transmission project, including explanation of any material effect that the approval or denial of these permits will have on the application for a route certificate.

(e) Exhibit E – Approved or Denied Applications. A list of applications and filings submitted by the transmitting utility to a federal, state, tribal or local government permitting entity that have been granted, conditionally granted, or denied at the time of the application that affect the proposed transmission project, including explanation of any material effect that the approval or denial of these permits will have on the application for a route certificate.

(f) Exhibit F – Local Government Preemption. A list of local government land use applications that are pending, denied or contain approval conditions to which the transmitting utility objects and seeks commission review. The transmitting utility shall indicate whether it seeks commission preemption of specific local government land use decisions or unfinished transmission route proceedings. The transmitting utility has the burden of demonstrating that the local government land use decisions will not be completed in the next sixty (60) days. If the local government land use application was denied or conditioned, the transmitting utility has the burden of demonstrating that the denial or imposed conditions were unreasonable or not economical.

(g) Exhibit G – Map of the Proposed Route. A general location map to scale showing the location of the proposed transmission route in a scale sufficient to advise the public of the exact location of the proposed route.

(h) Exhibit H – Corridor Selection Assessment. The corridor selection assessment shall explain how the transmitting utility selected the proposed route. This exhibit shall disclose whether the transmitting utility evaluated other corridors, including the specific location of such other corridors and the reasons why those corridors were not utilized. The transmitting utility shall also provide a map in a format no larger than eleven (11) inches by seventeen (17) inches showing the selected proposed route and those route alternatives that were discarded.

(i) Exhibit I – Characteristics of the Proposed Route. The transmitting utility shall prepare an exhibit that discloses:

(i) The length of the proposed transmission line;

(ii) The proposed right-of-way width of the proposed transmission including to what extent a new right-of-way will be required or an existing right-of-way will be widened;

(iii) If the proposed transmission route follows or includes a public right-of-way, a description of where the facilities would be located within the public right-of-way, to the extent known. If the transmitting utility might locate all or part of the transmission facilities adjacent to but not within the public right-of-way, describe the reasons to justify locating the transmission facility outside the public right-of-way. The transmitting utility must include a set of clear and objective criteria and adequately demonstrate that its decision to locate the proposed transmission facility outside the public right-of-way is based on those criteria;

(iv) Streams, rivers and wetlands that may be disturbed during construction;

(v) Portions of the route located within lands that require zoning changes, variances or exceptions;

(vi) Whether the proposed transmission line would be outside of areas where historical, cultural or archeological resources are likely to exist, are listed, or determined by the state historic preservation officer to be eligible for listing on the national register of historic places; and

(vii) A description of the transmission structures and their dimensions.

(j) Exhibit J – Construction Schedule. The construction schedule shall include the dates when the transmitting utility proposes to begin construction and the estimated date when construction will be completed. This schedule should be broken down into topics including surveying, exploration or other activities. The transmitting utility shall also provide a map showing all areas that may be temporarily disturbed by any activity related to the design, construction and operation of the proposed transmission facility.

(k) Exhibit K – Map. A map identifying all areas designated for protection by a tribe, the state or federal government including, but not limited to, monuments, wilderness areas, wildlife refuges, scenic waterways and similar areas. The map shall identify affected tribal lands and locations that may have cultural significance to any tribe. If the proposed route traverses wetland areas, provide copies of all permits related to such wetlands. The map shall denote all airports and private airstrips within ten thousand (10,000) feet of the centerline of the proposed route. The map shall show all commercial AM radio transmitters and all FM radio transmitters within ten thousand (10,000) feet of the centerline and all microwave relay stations or similar installations within two thousand (2,000) feet of the centerline of the proposed route.

(l) Exhibit L – Affected Landowners. Describe the efforts utilized to notify all affected landowners. Indicate in a quantitative fashion the amount of property already acquired or optioned from affected landowners.

(m) Exhibit M – Soils and Geotechnical Work. Describe the locations along the proposed transmission route where the transmitting utility proposes to perform site specific geotechnical work including, but not limited to, railroad crossings, major road crossings, river crossings, dead ends, or corners. Describe where geological reconnaissance and other site specific studies provide evidence of existing landslides or marginally stable slopes that could be made unstable by the planned construction. This exhibit shall also contain a map showing the location of existing and significant potential geological and soil stability hazards and problems, if any, on the proposed route and in the adjacent vicinity that could adversely affect, or be aggravated by, the construction and operation of the proposed transmission facility.

(n) Exhibit N – Seismic Hazards. The transmitting utility shall include an analysis and assessment of the seismic hazards that may occur along the proposed transmission route.

(3) The transmitting utility shall also provide any other information that the commission requests.

(4) The transmitting utility shall include, with its application for a route certificate, written prefiled testimony that supports the information contained in the application. Such testimony shall be in a form that conforms to the commission’s rules of procedure.

(5) After notice and an opportunity for hearing, the commission shall issue its final order denying, granting, or granting with conditions the application for a route certificate. The commission shall issue its final order no later than twelve (12) months after the application for a route certificate is filed, unless the transmitting utility agrees to an extension in writing.

(6) The transmitting utility will make available copies of its complete application on its project website and at publicly accessible locations in each county. The application will also be available on the commission’s website.

[61-1705, added 2007, ch. 186, sec. 1, p. 538.]

§ 61-1706 Construction standards

Each transmitting utility will construct, install, operate, and maintain its transmission facility in compliance with the current edition of the national electrical safety code published by the institute of electrical and electronic engineers, inc. Transmission facilities shall be constructed and operated in a manner to best accommodate the public and to prevent interference with service furnished by other public utilities insofar as practical.

[61-1706, added 2007, ch. 186, sec. 1, p. 542.]

§ 61-1707 Public workshops

(1) After a transmitting utility has filed its notice of intent with the commission and before it files the application for a route certificate, the transmitting utility shall conduct informal public workshops at location(s) along the proposed transmission route. The purpose of the workshops is to provide information about the transmission project and the process for obtaining construction authority.

(2) After a transmitting utility has filed an application for a route certificate, the commission will determine whether the staff should conduct an informational public workshop at locations along the proposed transmission route. The purpose of the public workshop is for the commission staff to dispense information concerning the transmission utility’s application and to advise interested persons on how to participate in the commission’s review proceeding.

(3) Notice of the public workshops shall be issued a minimum of fourteen (14) days prior to the workshop to newspapers of general circulation and radio and television stations in the affected area.

[61-1707, added 2007, ch. 186, sec. 1, p. 542.]

§ 61-1708 Effect of issuance of route certification

(1) Subject to any conditions attached to the certificate by the commission, a final commission order granting a route certificate shall bind the state and each of its agencies, divisions, bureaus, commissions, boards and local governments as to the approval of the authorized transmission route and the construction and operation of the authorized transmission facility.

(2) Issuance of a route certificate to a transmitting utility authorizes the utility to exercise the right of eminent domain pursuant to chapter 7, title 7, Idaho Code.

(3) Issuance of the route certificate shall not be construed to preempt jurisdiction of any state agency or local government over matters that are not included in and governed by the route certificate including, but not limited to, employee health and safety, wage and hour or other labor regulations, other design and operational issues that do not relate to the siting of the transmission facilities.

[61-1708, added 2007, ch. 186, sec. 1, p. 542.]

§ 61-1709 Commission procedures — Administrative remedy — Reconsideration — Judicial review

(1) All matters arising under this chapter shall be governed by the commission’s rules of procedure.

(2) The commission’s proceeding to review an application for a route certificate for the construction of transmission facilities in a designated national interest electric transmission corridor shall constitute a necessary administrative remedy for a person aggrieved by a local government’s final land use action on a transmitting utility’s application to construct transmission facilities in a designated national interest electric transmission corridor. Judicial review shall not be available from a local government’s final land use decision concerning a transmitting utility’s application to construct transmission facilities in a national interest electric transmission corridor. A person aggrieved by a local government’s final land use action involving the construction of a proposed transmission facility route in a national interest electric transmission corridor must participate in the commission’s proceeding and seek judicial review of the commission’s final order.

(3) Reconsideration of, appeal from, and stay of orders issued pursuant to this chapter shall be governed by law as for orders of the commission in other matters.

[61-1709, added 2007, ch. 186, sec. 1, p. 543.]

Chapter 18 Wildfire Standard of Care Act

§ 61-1801 Short Title

This chapter shall be known and may be cited as the "Wildfire Standard of Care Act."

[61-1801, added 2025, ch. 249, sec. 1, p. 1102.]

§ 61-1802 Legislative Intent

In enacting this chapter, it is the intent of the legislature to provide for the safe, efficient, and reliable generation, transmission, and distribution of electric power at affordable rates and in such ways that protect the public interest, health, safety, and welfare. The legislature recognizes that the public utilities commission oversees electric corporation compliance with applicable Idaho statutes and regulations, and, when applicable, the state-adopted provisions of the national electric safety code. It further recognizes that preparation for and response to wildfire risk is an increasingly important element of planning conducted by electric utilities. Proper preparation is crucial to position electric utilities to avoid and respond to wildfire risk. Knowing what measures should be taken to minimize wildfire risk before a fire occurs and to respond to it when it does occur is central to the affordable, safe, and reliable transmission and distribution of electricity. It is essential to ensure these risks are addressed as needed and within appropriate cost parameters so that electric power is kept affordable to the public. This chapter is designed to direct the prudent use of resources by electric utilities to mitigate and respond to wildfire risk within the costs that can be justified as just and reasonable in order to keep rates affordable to utility customers and protect Idaho residents and their property.

[61-1802, added 2025, ch. 249, sec. 1, p. 1102.]

§ 61-1803 Wildfire Mitigation Plans

(1) For the purposes of this chapter, "commission" means the Idaho public utilities commission.

(2)(a) Each electric corporation that is a public utility as defined in sections 61-119 and 61-129, Idaho Code, shall adopt and file a wildfire mitigation plan with the commission for its review and approval pursuant to section 61-1804, Idaho Code. The commission may order the plans be filed at a date determined by it and may stagger filing dates.

(b) An electric corporation that is not a public utility, including but not limited to a cooperative association distributing electric power to its members or a municipal electric distribution system under section 50-342, Idaho Code, may adopt and file a wildfire mitigation plan with the commission for its review at any time permitted by the commission. If such a plan is filed, the commission may assess reasonable fees to the electrical corporation that is not a public utility for its review. The fee may not exceed the actual reasonable cost incurred by the commission for the review and consideration of a plan submitted to it.

(3) Each wildfire mitigation plan shall be developed using approaches and methods that are designed to protect the public interest and are reflective of and commensurate with the size and complexity of the electric corporation’s operations and of the nature of the fire risk. At a minimum, each wildfire mitigation plan shall identify a means for mitigating wildfire risk that reflect a reasonable balancing of mitigation costs with the resulting reduction of wildfire risk, including:

(a) Identifying geographical areas where an electric corporation has infrastructure or equipment that the electric corporation considers may be subject to a heightened risk of wildfire at the time the wildfire mitigation plan is finalized by the electric corporation;

(b) Preventative actions and programs that the electric corporation will carry out to reduce the risk of wildfire;

(c) Community outreach and public awareness efforts that the electric corporation will use before, during, and after wildfire season to identify and inform the public of relevant wildfire risks and notify the public of wildfire-related outages;

(d) Outreach efforts to coordinate with federal, state, tribal, and local officials and agencies on wildfire preparedness and emergency response plans;

(e) Financially prudent and reasonably practicable methods of line design for new, planned, and existing lines to mitigate fire risk;

(f) Monitoring of forecasted and current weather data for the purpose of assessing and responding to current and anticipated fire risk; and

(g) Developing standards, procedures, and schedules, subject to timely approval of access to rights-of-way, if necessary, for the following actions:

(i) Inspection of the electric corporation’s assets, infrastructure, and facilities within the areas that are identified as heightened fire risk areas in the wildfire mitigation plan, where financially prudent and reasonably practicable;

(ii) De-energization of the electric corporation’s power lines, if considered appropriate by the electric corporation; and

(iii) Vegetation management within the areas that are identified as heightened fire risk areas in the wildfire mitigation plan and are within the electric corporation’s rights-of-way or lands adjacent thereto and that threaten the power lines or other electric corporation infrastructure. If live marketable timber is identified for removal from timber company land adjacent to the rights-of-way, compensation at fair market value shall be made to the landowner for such timber.

(4) Commission-approved wildfire mitigation plans shall be implemented upon approval by the commission and shall be reviewed and updated annually. The plans shall be updated, publicly filed, and approved in accordance with this section and section 61-1804, Idaho Code.

(5) An electric corporation with a commission-approved wildfire mitigation plan shall submit a report to the commission updating the commission on the electric corporation’s compliance with its wildfire mitigation plan on an annual basis or on such other basis as the commission may prescribe by rule or order. The report shall include documentation describing the development and adoption of the wildfire mitigation plan’s components and measures, the wildfire mitigation expenditures, and the work taken to develop and adopt the plan’s components and measures.

[61-1803, added 2025, ch. 249, sec. 1, p. 1103.]

§ 61-1804 Commission Review of Wildfire Mitigation Plans

(1) The commission shall review a wildfire mitigation plan or an update thereto and, after notice and comment, within six (6) months of receiving such filing, shall approve or reject the plan. In reviewing the plan, the commission shall ensure that it meets the minimum requirements stated in section 61-1803, Idaho Code, and shall consider the following factors:

(a) The consistency of the plan with the public health, safety, and welfare;

(b) The feasibility of the plan and the cost of its implementation; and

(c) The degree to which the plan adequately minimizes wildfire risk and proposes to respond to wildfires that do occur.

(2) Within five (5) business days of filing a wildfire mitigation plan with the commission for its review and approval, the electric corporation shall provide notice of the filing to the state forester, cities, counties, fire protection districts, fire protection associations, and timber protection associations within the electric corporation’s Idaho service area. Notice may be given by certified mail or electronic means.

(3) In reviewing a plan, the commission shall consult with the interested entities listed in subsection (2) of this section for technical assistance. With respect to elements of the plan that relate to vegetation management, reduction of wildfire fuels, and other duties of the state forester under title 38, Idaho Code, it shall be presumed that the recommendations of the state forester, if any are provided, are reasonable and appropriate. Such recommendations shall be incorporated in the decision of the commission unless the commission determines they are not just, reasonable, and in the public interest, in which case the commission shall document its reasoning in its order approving or rejecting the plan.

[61-1804, added 2025, ch. 249, sec. 1, p. 1104.]

§ 61-1805 Effect of Wildfire Mitigation Plans

A commission-approved plan shall establish measures for the electric corporation to prepare for and address wildfire risk and shall establish the electric corporation’s duty to its members and the public.

[61-1805, added 2025, ch. 249, sec. 1, p. 1105.]

§ 61-1806 Liability

(1) In a civil action where wildfire-related damages are being sought against an electric corporation, there is a rebuttable presumption that the electric corporation acted without negligence if, with respect to the cause of the wildfire, the electric corporation reasonably implemented a commission-approved wildfire mitigation plan. This rebuttable presumption extends to any act or omission taken in reasonable accordance with the approved wildfire mitigation plan in effect at the time the fire ignited, regardless of the content in any prior commission-approved plan that is no longer in effect.

(2) If an electric corporation is found liable in a civil action for damages due to any unplanned or uncontrolled fire, then a plaintiff seeking damages in such civil action may recover damages as provided for in sections 38-107(2), 6-1603, and 6-1604, Idaho Code, subject to the limitations provided therein.

[61-1806, added 2025, ch. 249, sec. 1, p. 1105.]

§ 61-1807 Denial of access to rights-of-way

If, after an electric corporation has requested access to privately-owned land or an easement or right-of-way on land owned by the state, a federal agency, or a tribal government, through certified mail addressed to the address best calculated to provide notice, telephone, or electronic means known to belong to the landowner, state, federal agency, or tribal government and reasonably considered likely to provide notice, access is denied or no response is received after thirty (30) days of the request, the electric corporation is authorized to access the property, easement, or right-of-way for the limited purposes of performing vegetation management, fire mitigation work in accordance with a commission-approved wildfire mitigation plan, or upgrading, inspecting, or repairing the electric corporation’s assets, infrastructure, or facilities. In taking such actions, the electric corporation shall not be held liable in any civil action for claims or damages, except to the extent the electric corporation’s conduct willfully or recklessly caused substantial damage to the property.

[61-1807, added 2025, ch. 249, sec. 1, p. 1105.]

§ 61-1808 Exclusive Remedy

Except to the extent title 72, Idaho Code, is applicable, the civil actions identified in section 61-1806, Idaho Code, shall be the exclusive civil remedies available against an electric corporation for damages resulting from any act or omission related to a commission-approved wildfire mitigation plan. This section does not limit an insurer’s ability to exercise valid subrogation rights subject to the liability framework established in section 61-1806, Idaho Code. This section does not limit or impair any action that may be brought against the manufacturer of any equipment that is alleged to be faulty or defective.

[61-1808, added 2025, ch. 249, sec. 1, p. 1105.]