Title 61 — PUBLIC UTILITY REGULATION

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 beg…

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 fi…

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 yea…

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 pac…

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 po…

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…

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 disb…

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 appli…

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 acti…

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.

61-1301. 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) fo…

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) "Co…

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 communicat…

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…

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 fr…

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, bu…

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…

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 secu…

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 com…

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 inter…

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 …

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 approv…

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 util…

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 …

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 u…

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 purs…

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…

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 …

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 co…

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…

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 t…

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 app…

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 util…

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…

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.

61-1701. 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 …

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, inclu…

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 su…

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 c…

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 tr…

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…

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 transmiss…

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 …

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 th…

61-1801. SHORT TITLE. This chapter shall be known and may be cited as the "Wildfire Standard of Care Act."

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, …

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 miti…

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 com…

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.

61-1806. 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 corporat…