Title 61 — PUBLIC UTILITY REGULATION

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…

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 …

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 b…

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…

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…

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,…

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, distribu…

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,…

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…

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…

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 61-32…

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 …

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 furnishin…

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 ele…

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 l…

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 s…

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 betwe…

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 …

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 anne…

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…

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) Precl…

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. …

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 …

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…

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, servi…

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 …

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…

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; …

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 a…

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 …

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 rep…

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 …

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.

61-502. 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 pr…

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…

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.

61-503. 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 …

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, boa…

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 mes…

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, suc…

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 ph…

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 operat…

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 railro…

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 se…

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 reasonabl…

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…

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, …

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, appa…

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 …

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…