Idaho Code § 61-1607 — Idaho Code / Title 61 / Chapter 16 / Section 61-1607
61-1607 SECURITY INTEREST.
Status: in_force

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.

History:

[61-1607, added 2005, ch. 372, sec. 1, p. 1191.]
Idaho Code § 61-1502 — Idaho Code / Title 61 / Chapter 15 / Section 61-1502
61-1502 DEFINITIONS.
Status: in_force

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.

History:

[61-1502, added 2001, ch. 380, sec. 1, p. 1327.]
Idaho Code § 61-633 — Idaho Code / Title 61 / Chapter 6 / Section 61-633
61-633 STAY OF ORDER — NOTICE.
Status: in_force

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.

History:

[(61-633) 1913, ch. 61, sec. 63d, p. 248; reen. C.L. 106:139; C.S., sec. 2507; I.C.A., sec. 59-633.]
Idaho Code § 61-206 — Idaho Code / Title 61 / Chapter 2 / Section 61-206
61-206 EMPLOYEES.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-541 — Idaho Code / Title 61 / Chapter 5 / Section 61-541
61-541 BINDING RATEMAKING TREATMENTS APPLICABLE WHEN COSTS OF A NEW ELECTRIC GENERATION FACILITY ARE INCLUDED IN RATES.
Status: in_force

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.

History:

[61-541, added 2009, ch. 145, sec. 1, p. 436.]
Idaho Code § 61-401 — Idaho Code / Title 61 / Chapter 4 / Section 61-401
61-401 INFORMATION TO BE FURNISHED.
Status: in_force

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.

History:

[(61-401) 1913, ch. 61, sec. 26a, p. 248; reen. C.L. 106:76; C.S., sec. 2443; I.C.A., sec. 59-401.]
Idaho Code § 61-101 — Idaho Code / Title 61 / Chapter 1 / Section 61-101
61-101 TITLE AND APPLICATION.
Status: in_force

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.

History:

[(61-101) 1913, ch. 61, sec. 1, p. 248; reen. C.L. 106:1; C.S., sec. 2368; I.C.A., sec. 59-101.]
Idaho Code § 61-303 — Idaho Code / Title 61 / Chapter 3 / Section 61-303
61-303 RULES AND REGULATIONS JUST AND REASONABLE.
Status: in_force

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.

History:

[(61-303) 1913, ch. 61, sec. 12c, p. 248; reen. C.L. 106:46; C.S., sec. 2413; I.C.A., sec. 59-303.]
Idaho Code § 61-1705 — Idaho Code / Title 61 / Chapter 17 / Section 61-1705
61-1705 APPLICATION FOR A ROUTE CERTIFICATE.
Status: in_force

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.

History:

[61-1705, added 2007, ch. 186, sec. 1, p. 538.]
Idaho Code § 61-1806 — Idaho Code / Title 61 / Chapter 18 / Section 61-1806
61-1806 LIABILITY.
Status: in_force

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.

History:

[61-1806, added 2025, ch. 249, sec. 1, p. 1105.]
Idaho Code § 61-333C — Idaho Code / Title 61 / Chapter 3 / Section 61-333C
61-333C NONMUNICIPAL SERVICE ORGANIZATIONS PROHIBITED FROM EXTENDING SERVICE.
Status: in_force

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.

History:

[61-333C, added 1963, ch. 269, sec. 4, p. 685.]
Idaho Code § 61-804 — Idaho Code / Title 61 / Chapter 8 / Section 61-804
61-804 CLAIM — NOTICE — RESPONSE OF UTILITY.
Status: in_force

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.

History:

[61-804, added 2005, ch. 189, sec. 1, p. 579.]
Idaho Code § 61-1610 — Idaho Code / Title 61 / Chapter 16 / Section 61-1610
61-1610 DISCLAIMER OF STATE FULL FAITH AND CREDIT.
Status: in_force

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."

History:

[61-1610, added 2005, ch. 372, sec. 1, p. 1194.]
Idaho Code § 61-517 — Idaho Code / Title 61 / Chapter 5 / Section 61-517
61-517 ACCIDENTS — INVESTIGATION — ORDER OR RECOMMENDATION OF COMMISSION — REPORT BY UTILITY.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-1501 — Idaho Code / Title 61 / Chapter 15 / Section 61-1501
61-1501 LEGISLATIVE INTENT.
Status: in_force

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.

History:

[61-1501, added 2001, ch. 380, sec. 1, p. 1326.]
Idaho Code § 61-502B — Idaho Code / Title 61 / Chapter 5 / Section 61-502B
61-502B ALLOCATION OF GAIN UPON SALE OF WATER RIGHT.
Status: in_force

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.

History:

[61-502B, added 1985, ch. 16, sec. 1, p. 22.]
Idaho Code § 61-637 — Idaho Code / Title 61 / Chapter 6 / Section 61-637
61-637 STAY OF ORDER ON APPEAL — BOND.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-614 — Idaho Code / Title 61 / Chapter 6 / Section 61-614
61-614 COMPLAINT AGAINST UTILITY — NO DISMISSAL.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-125 — Idaho Code / Title 61 / Chapter 1 / Section 61-125
61-125 WATER CORPORATION.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-808 — Idaho Code / Title 61 / Chapter 8 / Section 61-808
61-808 DAMAGES.
Status: in_force

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.

History:

[61-808, added 2005, ch. 189, sec. 1, p. 581.]
Idaho Code § 61-202 — Idaho Code / Title 61 / Chapter 2 / Section 61-202
61-202 REMOVAL OF COMMISSIONERS.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-209 — Idaho Code / Title 61 / Chapter 2 / Section 61-209
61-209 SEAL.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-1202 — Idaho Code / Title 61 / Chapter 12 / Section 61-1202
61-1202 CREATION — QUALIFICATIONS OF COUNCIL MEMBERS.
Status: in_force

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.

History:

[61-1202, added 1981, ch. 351, sec. 1, p. 725.]
Idaho Code § 61-328 — Idaho Code / Title 61 / Chapter 3 / Section 61-328
61-328 ELECTRIC UTILITIES — SALE OF PROPERTY TO BE APPROVED BY COMMISSION.
Status: in_force

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.

History:

[61-328, added 1951, ch. 3, sec. 2, p. 4; am. 2000, ch. 224, sec. 2, p. 620.]
Idaho Code § 61-1604 — Idaho Code / Title 61 / Chapter 16 / Section 61-1604
61-1604 LIMITATION ON AGGREGATE AMOUNT OF COST REDUCTION FINANCING.
Status: in_force

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.

History:

[61-1604, added 2005, ch. 372, sec. 1, p. 1189.]
Idaho Code § 61-314 — Idaho Code / Title 61 / Chapter 3 / Section 61-314
61-314 SCHEDULE OF RATES WITHIN AND WITHOUT STATE.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-522 — Idaho Code / Title 61 / Chapter 5 / Section 61-522
61-522 CONSUMER MAY HAVE COMMODITY OR APPLIANCE TESTED.
Status: in_force

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.

History:

[(61-522) 1913, ch. 61, sec. 44c, p. 248; reen. C.L. 106:102; C.S., sec. 2470; I.C.A., sec. 59-522.]
Idaho Code § 61-525 — Idaho Code / Title 61 / Chapter 5 / Section 61-525
61-525 DEPRECIATION ACCOUNT.
Status: in_force

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.

History:

[(61-525) 1913, ch. 61, sec. 47, p. 248; reen. C.L. 106:105; C.S., sec. 2473; I.C.A., sec. 59-525.]
Idaho Code § 61-334B — Idaho Code / Title 61 / Chapter 3 / Section 61-334B
61-334B COMMISSION SUPERVISION AND AUTHORITY.
Status: in_force

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.

History:

[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.]
Idaho Code § 61-316 — Idaho Code / Title 61 / Chapter 3 / Section 61-316
61-316 PROFITS.
Status: in_force

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.

History:

[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.]
Idaho Code § 61-1706 — Idaho Code / Title 61 / Chapter 17 / Section 61-1706
61-1706 CONSTRUCTION STANDARDS.
Status: in_force

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.

History:

[61-1706, added 2007, ch. 186, sec. 1, p. 542.]
Idaho Code § 61-630 — Idaho Code / Title 61 / Chapter 6 / Section 61-630
61-630 RIGHT TO BE HEARD ON APPEAL.
Status: in_force

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.

History:

[(61-630) 1921, ch. 72, sec. 4, p. 141; I.C.A., sec. 59-630.]
Idaho Code § 61-320 — Idaho Code / Title 61 / Chapter 3 / Section 61-320
61-320 FALSE BILLING — TRANSPORTATION AT LESS THAN SCHEDULED RATES PROHIBITED.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-1704 — Idaho Code / Title 61 / Chapter 17 / Section 61-1704
61-1704 NOTICE OF INTENT TO FILE — CONTENT — PREFILING PROCEDURES.
Status: in_force

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.

History:

[61-1704, added 2007, ch. 186, sec. 1, p. 537.]
Idaho Code § 61-702 — Idaho Code / Title 61 / Chapter 7 / Section 61-702
61-702 NONCOMPLIANCE WITH LAW — LIABILITY FOR DAMAGE.
Status: in_force

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.

History:

[(61-702) 1913, ch. 61, sec. 69, p. 248; reen. C.L. 106:150; C.S., sec. 2518; I.C.A., sec. 59-702.]
Idaho Code § 61-534 — Idaho Code / Title 61 / Chapter 5 / Section 61-534
61-534 CURTAILMENT OF SERVICE BY SUPPLIERS IN ACCORDANCE WITH PLANS.
Status: in_force

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.

History:

[61-534, added 1975, ch. 238, sec. 5, p. 646.]
Idaho Code § 61-712B — Idaho Code / Title 61 / Chapter 7 / Section 61-712B
61-712B COMPROMISE OF CIVIL PENALTY.
Status: in_force

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.

History:

[61-712B, added 1970, ch. 7, sec. 2, p. 11.]
Idaho Code § 61-708 — Idaho Code / Title 61 / Chapter 7 / Section 61-708
61-708 RESPONSIBILITY FOR VIOLATION BY EMPLOYEES.
Status: in_force

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.

History:

[(61-708) 1913, ch. 61, sec. 72c, p. 248; reen. C.L. 106:156; C.S., sec. 2524; I.C.A., sec. 59-708.]
Idaho Code § 61-130 — Idaho Code / Title 61 / Chapter 1 / Section 61-130
61-130 REFERENCE TO OTHER STATUTES AND LAWS.
Status: in_force

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.

History:

[61-130, added 1951, ch. 100, sec. 4, p. 225.]
Idaho Code § 61-1701 — Idaho Code / Title 61 / Chapter 17 / Section 61-1701
61-1701 LEGISLATIVE PURPOSES AND FINDINGS.
Status: in_force

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.

History:

[61-1701, added 2007, ch. 186, sec. 1, p. 535.]
Idaho Code § 61-330 — Idaho Code / Title 61 / Chapter 3 / Section 61-330
61-330 EVASIONS OF ACT — CONCLUSIVE PRESUMPTIONS.
Status: in_force

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.

History:

[61-330, added 1951, ch. 3, sec. 4, p. 4.]
Idaho Code § 61-1303 — Idaho Code / Title 61 / Chapter 13 / Section 61-1303
61-1303 ADMINISTRATOR'S CONTRACT — TRS PROVIDER'S CONTRACT — REQUIREMENTS.
Status: in_force

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.

History:

[61-1303, added 1992, ch. 148, sec. 1, p. 444.]
Idaho Code § 61-129 — Idaho Code / Title 61 / Chapter 1 / Section 61-129
61-129 PUBLIC UTILITY.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-505 — Idaho Code / Title 61 / Chapter 5 / Section 61-505
61-505 JOINT HEARINGS AND INVESTIGATIONS — RECIPROCITY — CONTRACTS WITH REGULATORY AGENCIES OF NEIGHBORING STATES.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-214 — Idaho Code / Title 61 / Chapter 2 / Section 61-214
61-214 ANNUAL REPORT OF COMMISSION.
Status: in_force

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.

History:

[(61-214) 1913, ch. 61, sec. 11, p. 248; reen. C.L. 106:43; C.S., sec. 2410; I.C.A., sec. 59-214.]
Idaho Code § 61-640 — Idaho Code / Title 61 / Chapter 6 / Section 61-640
61-640 HEARINGS TO DETERMINE VALUATIONS.
Status: in_force

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.

History:

[(61-640) 1913, ch. 61, sec. 66, p. 248; reen. C.L. 106:146; C.S., sec. 2514; I.C.A., sec. 59-640.]
Idaho Code § 61-1503 — Idaho Code / Title 61 / Chapter 15 / Section 61-1503
61-1503 ENERGY COST RECOVERY BONDS.
Status: in_force

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.

History:

[61-1503, added 2001, ch. 380, sec. 1, p. 1328.]
Idaho Code § 61-329 — Idaho Code / Title 61 / Chapter 3 / Section 61-329
61-329 UNLAWFUL TRANSFER OR ACQUISITION — ESCHEAT.
Status: in_force

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.

History:

[61-329, added 1951, ch. 3, sec. 3, p. 4.]
Idaho Code § 61-115 — Idaho Code / Title 61 / Chapter 1 / Section 61-115
61-115 PIPELINE CORPORATION.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-636 — Idaho Code / Title 61 / Chapter 6 / Section 61-636
61-636 STAY OF ORDER ON APPEAL — NOTICE.
Status: in_force

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.

History:

[(61-636) 1913, ch. 61, sec. 64b, p. 248; reen. C.L. 106:142; C.S., sec. 2510; I.C.A., sec. 59-636.]
Idaho Code § 61-1608 — Idaho Code / Title 61 / Chapter 16 / Section 61-1608
61-1608 TRANSFERS IN INTEREST.
Status: in_force

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.

History:

[61-1608, added 2005, ch. 372, sec. 1, p. 1193.]
Idaho Code § 61-331 — Idaho Code / Title 61 / Chapter 3 / Section 61-331
61-331 VIOLATION OF ACT — CRIMINAL PENALTY.
Status: in_force

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.

History:

[61-331, added 1951, ch. 3, sec. 5, p. 4.]
Idaho Code § 61-619 — Idaho Code / Title 61 / Chapter 6 / Section 61-619
61-619 RECORD.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-540 — Idaho Code / Title 61 / Chapter 5 / Section 61-540
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.
Status: in_force

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.

History:

[61-540, added 1983, ch. 259, sec. 2, p. 690.]
Idaho Code § 61-701 — Idaho Code / Title 61 / Chapter 7 / Section 61-701
61-701 ENFORCEMENT OF LAW.
Status: in_force

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.

History:

[(61-701) 1913, ch. 61, sec. 68, p. 248; reen. C.L. 106:149; C.S., sec. 2517; I.C.A., sec. 59-701.]
Idaho Code § 61-618 — Idaho Code / Title 61 / Chapter 6 / Section 61-618
61-618 DECISION — SERVICE OF ORDER — TIME EFFECTIVE — EXTENSION OF TIME.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-325 — Idaho Code / Title 61 / Chapter 3 / Section 61-325
61-325 RAILROADS — SPURS.
Status: in_force

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.

History:

[(61-325) 1913, ch. 61, sec. 24b, p. 248; reen. C.L. 106:70; C.S., sec. 2437; I.C.A., sec. 59-325.]
Idaho Code § 61-332C — Idaho Code / Title 61 / Chapter 3 / Section 61-332C
61-332C PROVISIONS FOR SELECTING ELECTRIC SUPPLIER FOR NEW ELECTRIC SERVICE ENTRANCES.
Status: in_force

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.

History:

[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.]
Idaho Code § 61-515A — Idaho Code / Title 61 / Chapter 5 / Section 61-515A
61-515A SAFETY AND SANITARY EQUIPMENT AND CONDITIONS.
Status: in_force

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.

History:

[61-515A, added 1971, ch. 72, sec. 1, p. 167.]
Idaho Code § 61-333B — Idaho Code / Title 61 / Chapter 3 / Section 61-333B
61-333B MUNICIPAL CORPORATION RESTRICTED IN SERVING NEW AREA PREVIOUSLY SERVED BY UTILITY OR COOPERATIVE ASSOCIATION — VOLUNTARY AGREEMENTS — ELECTION — APPEALS.
Status: in_force

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.

History:

[61-333B, added 1963, ch. 269, sec. 3, p. 685.]
Idaho Code § 61-1206 — Idaho Code / Title 61 / Chapter 12 / Section 61-1206
61-1206 ANNUAL REPORTS.
Status: in_force

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.

History:

[61-1206, added 1981, ch. 351, sec. 1, p. 726.]
Idaho Code § 61-333A — Idaho Code / Title 61 / Chapter 3 / Section 61-333A
61-333A INCREASED AREA — EXTENSION OF SERVICE PERMITTED.
Status: in_force

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.

History:

[61-333A, added 1963, ch. 269, sec. 2, p. 685; am. 1970, ch. 141, sec. 8, p. 417.]
Idaho Code § 61-604 — Idaho Code / Title 61 / Chapter 6 / Section 61-604
61-604 WITNESSES — DISTRICT COURT MAY COMPEL ATTENDANCE — PROCEDURE.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-641 — Idaho Code / Title 61 / Chapter 6 / Section 61-641
61-641 OVERCHARGE — REPARATION.
Status: in_force

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.

History:

[(61-641) 1913, ch. 61, sec. 67a, p. 248; reen. C.L. 106:147; C.S., sec. 2515; I.C.A., sec. 59-641.]
Idaho Code § 61-334A — Idaho Code / Title 61 / Chapter 3 / Section 61-334A
61-334A REMEDIES FOR VIOLATION OF THIS ACT.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-210 — Idaho Code / Title 61 / Chapter 2 / Section 61-210
61-210 OFFICE EQUIPMENT.
Status: in_force

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.

History:

[(61-210) 1913, ch. 61, sec. 8c, p. 248; reen. C.L. 106:39; C.S., sec. 2406; I.C.A., sec. 59-210.]
Idaho Code § 61-1803 — Idaho Code / Title 61 / Chapter 18 / Section 61-1803
61-1803 WILDFIRE MITIGATION PLANS.
Status: in_force

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.

History:

[61-1803, added 2025, ch. 249, sec. 1, p. 1103.]
Idaho Code § 61-1602 — Idaho Code / Title 61 / Chapter 16 / Section 61-1602
61-1602 DEFINITIONS.
Status: in_force

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.

History:

[61-1602, added 2005, ch. 372, sec. 1, p. 1187.]
Idaho Code § 61-313A — Idaho Code / Title 61 / Chapter 3 / Section 61-313A
61-313A EXISTING AGREEMENTS.
Status: in_force

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.

History:

[61-313A, added 2024, ch. 45, sec. 1, p. 252.]
Idaho Code § 61-335 — Idaho Code / Title 61 / Chapter 3 / Section 61-335
61-335 NEW LARGE LOAD AND RATEPAYER PROTECTION.
Status: in_force

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.

History:

[61-335, added 2026, ch. 335, sec. 1, p. 1315.]
Idaho Code § 61-111 — Idaho Code / Title 61 / Chapter 1 / Section 61-111
61-111 RAILROAD CORPORATION.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-907 — Idaho Code / Title 61 / Chapter 9 / Section 61-907
61-907 ACT SUPERIOR TO ALL LAWS.
Status: in_force

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.

History:

[61-907, added 1951, ch. 143, sec. 1, p. 333.]
Idaho Code § 61-707 — Idaho Code / Title 61 / Chapter 7 / Section 61-707
61-707 CONTINUING VIOLATION.
Status: in_force

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.

History:

[(61-707) 1913, ch. 61, sec. 72b, p. 248; reen. C.L. 106:155; C.S., sec. 2523; I.C.A., sec. 59-707.]
Idaho Code § 61-510 — Idaho Code / Title 61 / Chapter 5 / Section 61-510
61-510 RAILROAD SERVICE — PHYSICAL CONNECTIONS.
Status: in_force

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.

History:

[(61-510) 1913, ch. 61, sec. 36, p. 248; reen. C.L. 106:90; C.S., sec. 2458; I.C.A., sec. 59-510.]
Idaho Code § 61-334 — Idaho Code / Title 61 / Chapter 3 / Section 61-334
61-334 SPECIAL RULES OF INTERPRETATION.
Status: in_force

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.

History:

[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.]
Idaho Code § 61-404 — Idaho Code / Title 61 / Chapter 4 / Section 61-404
61-404 COPIES OF MAPS AND RECORDS TO BE FURNISHED.
Status: in_force

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.

History:

[(61-404) 1913, ch. 61, sec. 26c, p. 248; reen. C.L. 106:78; C.S., sec. 2446; I.C.A., sec. 59-404.]
Idaho Code § 61-1703 — Idaho Code / Title 61 / Chapter 17 / Section 61-1703
61-1703 COMMISSION AUTHORITY — PREEMPTION — RULES.
Status: in_force

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.

History:

[61-1703, added 2007, ch. 186, sec. 1, p. 536.]
Idaho Code § 61-205 — Idaho Code / Title 61 / Chapter 2 / Section 61-205
61-205 SECRETARY — APPOINTMENT — DUTIES.
Status: in_force

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.

History:

[(61-205) 1913, ch. 61, sec. 5, p. 248; reen. C.L. 106:34; C.S., sec. 2401; I.C.A., sec. 59-205.]
Idaho Code § 61-1507 — Idaho Code / Title 61 / Chapter 15 / Section 61-1507
61-1507 SUCCESSORS.
Status: in_force

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.

History:

[61-1507, added 2001, ch. 380, sec. 1, p. 1335.]
Idaho Code § 61-602 — Idaho Code / Title 61 / Chapter 6 / Section 61-602
61-602 PROCESS.
Status: in_force

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.

History:

[(61-602) 1913, ch. 61, sec. 50, p. 248; reen. C.L. 106:111; C.S., sec. 2479; I.C.A., sec. 59-602.]
Idaho Code § 61-306 — Idaho Code / Title 61 / Chapter 3 / Section 61-306
61-306 SCHEDULES — CHANGE IN FORM.
Status: in_force

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.

History:

[(61-306) 1913, ch. 61, sec. 13c, p. 248; reen. C.L. 106:49; C.S., sec. 2416; I.C.A., sec. 59-306.]
Idaho Code § 61-405 — Idaho Code / Title 61 / Chapter 4 / Section 61-405
61-405 ANNUAL REPORT.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-1506 — Idaho Code / Title 61 / Chapter 15 / Section 61-1506
61-1506 TRANSFERS IN INTEREST.
Status: in_force

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.

History:

[61-1506, added 2001, ch. 380, sec. 1, p. 1335.]
Idaho Code § 61-324 — Idaho Code / Title 61 / Chapter 3 / Section 61-324
61-324 RAILROADS — SWITCH CONNECTION.
Status: in_force

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.

History:

[(61-324) 1913, ch. 61, sec. 24a, p. 248; reen. C.L. 106:69; C.S., sec. 2436; I.C.A., sec. 59-324.]
Idaho Code § 61-902 — Idaho Code / Title 61 / Chapter 9 / Section 61-902
61-902 PETITION FOR AUTHORITY — NOTICE AND HEARING — ORDER — REFUND.
Status: in_force

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.

History:

[61-902, added 1951, ch. 143, sec. 1, p. 333.]
Idaho Code § 61-336 — Idaho Code / Title 61 / Chapter 3 / Section 61-336
61-336 ADDITIONAL AUTHORITIES OF ELECTRICAL OR NATURAL GAS CORPORATIONS.
Status: in_force

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.

History:

[61-336, added 1993, ch. 218, sec. 1, p. 683.]
Idaho Code § 61-332A — Idaho Code / Title 61 / Chapter 3 / Section 61-332A
61-332A DEFINITIONS FOR ELECTRIC SUPPLIER STABILIZATION ACT.
Status: in_force

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.

History:

[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.]
Idaho Code § 61-323 — Idaho Code / Title 61 / Chapter 3 / Section 61-323
61-323 TELEPHONE COMPANIES — LONG AND SHORT DISTANCE SERVICE.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-1804 — Idaho Code / Title 61 / Chapter 18 / Section 61-1804
61-1804 COMMISSION REVIEW OF WILDFIRE MITIGATION PLANS.
Status: in_force

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.

History:

[61-1804, added 2025, ch. 249, sec. 1, p. 1104.]
Idaho Code § 61-1306 — Idaho Code / Title 61 / Chapter 13 / Section 61-1306
61-1306 POWERS AND DUTIES OF THE COMMISSION.
Status: in_force

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.

History:

[61-1306, added 1992, ch. 148, sec. 1, p. 446.]
Idaho Code § 61-1302 — Idaho Code / Title 61 / Chapter 13 / Section 61-1302
61-1302 DEFINITIONS.
Status: in_force

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.

History:

[61-1302, added 1992, ch. 148, sec. 1, p. 443; am. 2020, ch. 12, sec. 6, p. 26.]
Idaho Code § 61-124 — Idaho Code / Title 61 / Chapter 1 / Section 61-124
61-124 WATER SYSTEM.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-1707 — Idaho Code / Title 61 / Chapter 17 / Section 61-1707
61-1707 PUBLIC WORKSHOPS.
Status: in_force

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.

History:

[61-1707, added 2007, ch. 186, sec. 1, p. 542.]
Idaho Code § 61-215 — Idaho Code / Title 61 / Chapter 2 / Section 61-215
61-215 SALARIES OF PUBLIC UTILITIES COMMISSIONERS.
Status: in_force

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.

History:

[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.]
Idaho Code § 61-802 — Idaho Code / Title 61 / Chapter 8 / Section 61-802
61-802 DEFINITIONS.
Status: in_force

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.

History:

[61-802, added 2005, ch. 189, sec. 1, p. 578.]
Idaho Code § 61-334C — Idaho Code / Title 61 / Chapter 3 / Section 61-334C
61-334C ELECTRIC SUPPLIER IMMUNITY.
Status: in_force

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.

History:

[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.]
Idaho Code § 61-1808 — Idaho Code / Title 61 / Chapter 18 / Section 61-1808
61-1808 EXCLUSIVE REMEDY.
Status: in_force

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.

History:

[61-1808, added 2025, ch. 249, sec. 1, p. 1105.]
Idaho Code § 61-1609 — Idaho Code / Title 61 / Chapter 16 / Section 61-1609
61-1609 SUCCESSORS.
Status: in_force

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.

History:

[61-1609, added 2005, ch. 372, sec. 1, p. 1194.]
Idaho Code § 61-1601 — Idaho Code / Title 61 / Chapter 16 / Section 61-1601
61-1601 LEGISLATIVE INTENT.
Status: in_force

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.

History:

[61-1601, added 2005, ch. 372, sec. 1, p. 1186.]
Idaho Code § 61-626 — Idaho Code / Title 61 / Chapter 6 / Section 61-626
61-626 RECONSIDERATION — PROCEDURE — ORDER NOT STAYED — CHANGE OF ORIGINAL ORDER.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-301A — Idaho Code / Title 61 / Chapter 3 / Section 61-301A
61-301A REQUIRING SOCIAL SECURITY NUMBER — PROHIBITED — EXCEPTION.
Status: in_force

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.

History:

[61-301A, added 2024, ch. 272, sec. 1, p. 944.]
Idaho Code § 61-526 — Idaho Code / Title 61 / Chapter 5 / Section 61-526
61-526 CERTIFICATE OF CONVENIENCE AND NECESSITY.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-213 — Idaho Code / Title 61 / Chapter 2 / Section 61-213
61-213 EXPENSES — AUDIT AND PAYMENT.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-120 — Idaho Code / Title 61 / Chapter 1 / Section 61-120
61-120 TELEPHONE LINE.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-803 — Idaho Code / Title 61 / Chapter 8 / Section 61-803
61-803 RULES.
Status: in_force

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.

History:

[61-803, added 2005, ch. 189, sec. 1, p. 579.]
Idaho Code § 61-501 — Idaho Code / Title 61 / Chapter 5 / Section 61-501
61-501 INVESTMENT OF AUTHORITY.
Status: in_force

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.

History:

[(61-501) 1913, ch. 61, sec. 29, p. 248; reen. C.L. 106:82; C.S., sec. 2450; I.C.A., sec. 59-501.]
Idaho Code § 61-102 — Idaho Code / Title 61 / Chapter 1 / Section 61-102
61-102 COMMISSION.
Status: in_force

61-102. Commission. The term "commission" when used in this act means the Idaho public utilities commission.

History:

[(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.]
Idaho Code § 61-711 — Idaho Code / Title 61 / Chapter 7 / Section 61-711
61-711 PENALTY FOR VIOLATION BY EMPLOYEE OF CORPORATION OTHER THAN A PUBLIC UTILITY.
Status: in_force

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.

History:

[(61-711) 1913, ch. 61, sec. 75, p. 248; reen. C.L. 106:159; C.S., sec. 2527; I.C.A., sec. 59-711.]
Idaho Code § 61-1805 — Idaho Code / Title 61 / Chapter 18 / Section 61-1805
61-1805 EFFECT OF WILDFIRE MITIGATION PLANS.
Status: in_force

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.

History:

[61-1805, added 2025, ch. 249, sec. 1, p. 1105.]
Idaho Code § 61-1008 — Idaho Code / Title 61 / Chapter 10 / Section 61-1008
61-1008 EXPENDITURE — PUBLIC UTILITIES COMMISSION FUND — CREATION — APPROPRIATION — DISPOSITION OF SURPLUS.
Status: in_force

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.

History:

[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.]
Idaho Code § 61-629 — Idaho Code / Title 61 / Chapter 6 / Section 61-629
61-629 MATTERS REVIEWABLE ON APPEAL — EXTENT OF REVIEW — JUDGMENT.
Status: in_force

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.

History:

[(61-629) 1921, ch. 72, sec. 3, p. 141; I.C.A., sec. 59-629; am. 1981, ch. 129, sec. 1, p. 217.]
Idaho Code § 61-713 — Idaho Code / Title 61 / Chapter 7 / Section 61-713
61-713 SEPARABILITY.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-901 — Idaho Code / Title 61 / Chapter 9 / Section 61-901
61-901 ELECTRIC, TELEPHONE, WATER AND GAS UTILITIES — ISSUANCE OF SECURITIES AUTHORIZED — LIENS — PLEDGES — PURPOSES — TERMS — SUPERVISION AND CONTROL OF PUBLIC UTILITIES COMMISSION.
Status: in_force

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.

History:

[61-901, added 1951, ch. 143, sec. 1, p. 333; am. 1961, ch. 130, sec. 1, p. 190.]
Idaho Code § 61-514 — Idaho Code / Title 61 / Chapter 5 / Section 61-514
61-514 JOINT USE OF PLANT AND EQUIPMENT.
Status: in_force

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.

History:

[(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.]
Idaho Code § 61-521 — Idaho Code / Title 61 / Chapter 5 / Section 61-521
61-521 AUTHORITY TO ENTER PREMISES.
Status: in_force

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.

History:

[(61-521) 1913, ch. 61, sec. 44b, p. 248; reen. C.L. 106:101; C.S., sec. 2469; I.C.A., sec. 59-521.]
Idaho Code § 61-114 — Idaho Code / Title 61 / Chapter 1 / Section 61-114
61-114 PIPELINE.
Status: in_force

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.

History:

[(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.]