Title 61 — PUBLIC UTILITY REGULATION

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 …

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 l…

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 an…

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, measuremen…

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…

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 fi…

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 tim…

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 w…

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 supplemen…

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 …

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 munic…

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 commi…

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 me…

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, e…

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…

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 t…

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 governme…

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…

61-536. 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 …

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.

61-538. 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 …

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 ele…

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 gover…

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 …

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 shal…

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…

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 …

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 attendanc…

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…

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…

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 origi…

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 c…

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 off…

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 s…

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 rec…

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 …

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 re…

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.

61-615. 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 commis…

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 commissio…

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 a…

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 commissi…

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 corpora…

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 at…

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 …

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 …

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 f…

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…

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.

61-626. 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 p…