Title 61 — PUBLIC UTILITY REGULATION

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…

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 d…

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.

61-631. 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 …

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…

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…

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…

61-636. 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 sus…

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 r…

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 …

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 pla…

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 publi…

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 exces…

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 o…

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 b…

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 accru…

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 an…

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 un…

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 requ…

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 …

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, sha…

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…

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 …

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 c…

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 corpora…

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 issu…

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 cha…

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 thi…

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 p…

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 enactmen…

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 distri…

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 str…

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 condi…

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 cur…

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.

61-807. 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 t…

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 pro…

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 deter…

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…

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, assumpti…

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 (…

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 contin…

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…

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 und…

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 …

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 in…

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 …

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 fe…

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 o…

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 comm…