Idaho Code § 61-211 — Idaho Code / Title 61 / Chapter 2 / Section 61-211
61-211 QUORUM — SINGLE COMMISSIONER OR HEARING EXAMINER MAY HOLD INVESTIGATION.
Status: in_force

61-211. Quorum — Single commissioner or hearing examiner may hold investigation. A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission. No single vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. The act of the majority of the commissioners when in session as a board shall be deemed to be the act of the commission; but any investigation, inquiry or hearing which the commission has power to undertake or hold may be undertaken or held by or before any commissioner or hearing examiner designated for that purpose by the commission, and every finding, order or decision made by a commissioner or hearing examiner so designated, pursuant to such investigation, inquiry or hearing, when approved and confirmed by the commission and ordered filed in its office, shall be and be deemed to be the finding, order or decision of the commission. The commission may designate the hearing examiner to represent the commission in actions and proceedings in lieu of an attorney appointed by the attorney general under section 61-204, Idaho Code, as amended, in which event the attorney general will appoint only an attorney to represent the people of the state of Idaho.

History:

[(61-211) 1913, ch. 61, sec. 9, p. 248; reen. C.L. 106:40; C.S., sec. 2407; I.C.A., sec. 59-211; am. 1965, ch. 125, sec. 1, p. 252.]
Idaho Code § 61-805 — Idaho Code / Title 61 / Chapter 8 / Section 61-805
61-805 COMMISSION — JURISDICTION — ORDERS.
Status: in_force

61-805. Commission — Jurisdiction — Orders. The commission shall have exclusive, initial jurisdiction to determine whether a utility has complied with the commission rules regarding measurement of stray current or voltage; whether the utility's measurements demonstrated stray current or voltage at or above the preventive action level; whether the utility has properly identified that portion of the stray current or voltage at cow contact points attributable to the utility's distribution system; and whether the utility has complied with its remediation obligation under this chapter.

(1) If, after hearing, the commission determines that (a) the utility complied with the commission rules regarding measurement of stray current or voltage, and (b) the utility properly identified no stray current or voltage in excess of the preventive action level, then the commission shall issue an order that the utility has provided adequate service pursuant to section 61-302, Idaho Code. The commission's order thereon shall be binding on the parties, subject only to the provisions of section 61-807, Idaho Code.

(2) If, after hearing, the commission determines that (a) the utility complied with the commission rules regarding measurement of stray current or voltage, (b) the utility properly identified stray current or voltage in excess of the preventive action level, and (c) the utility properly identified that the portion of stray current or voltage attributable to the utility's distribution system was fifty percent (50%) or less of the preventive action level, then the commission shall issue an order that the utility provided adequate service pursuant to section 61-302, Idaho Code. The commission's order thereon shall be binding on the parties, subject only to the provisions of section 61-807, Idaho Code.

(3) If, after hearing, the commission determines that (a) the utility complied with the commission rules regarding measurement of stray current or voltage, (b) the utility properly identified stray current or voltage in excess of the preventive action level, and (c) the utility properly identified that the portion of stray current or voltage attributable to the utility's distribution system exceeded fifty percent (50%) of the preventive action level, then the commission shall thereafter determine the adequacy of the utility's remediation efforts. The commission's order thereon shall be binding on the parties, subject only to the provisions of section 61-807, Idaho Code. If the dairy producer has complied with the notice provisions set forth in section 61-804, Idaho Code, and the commission has made a determination that the conditions set forth in this subsection are met, then the dairy producer may, not later than one (1) year following completion of adequate remediation, or one (1) year following the issuance of the commission's final order thereon, whichever occurs later, commence a civil action seeking monetary damages against the utility. In any such civil action, damages shall be limited as set forth in section 61-808, Idaho Code.

(4) If, after hearing, the commission determines that (a) the utility failed to comply with the commission rules regarding measurement of stray current or voltage, (b) the utility failed to properly identify, when required pursuant to section 61-804, Idaho Code, to do so, that portion of stray current or voltage attributable to the utility's distribution system, or (c) the utility failed to provide adequate remediation, then the commission shall order the utility to take measurements of stray current or voltage in conformance with commission rules, or identify that portion of the stray current or voltage attributable to the utility's distribution system and, if necessary, to provide adequate remediation. The commission's order thereon shall be binding on the parties, subject only to the provisions of section 61-807, Idaho Code. If the dairy producer complied with the notice provisions set forth in section 61-804, Idaho Code, and the commission made a determination that the portion of stray current or voltage attributable to the utility's distribution system exceeded fifty percent (50%) of the preventive action level, then the dairy producer may, not later than one (1) year following completion of adequate remediation, or one (1) year following the issuance of the commission's final order thereon, whichever occurs later, commence a civil action seeking monetary damages against the utility. In any such civil action, damages shall be limited as set forth in section 61-808, Idaho Code.

(5) If after hearing, the commission determines that a dairy producer made or pursued a claim in bad faith or for purposes of harassment of the utility, the commission shall require the dairy producer to pay the utility's actual costs of investigation and defense. If, after hearing, the commission determines that a utility acted in bad faith, or for purposes of harassment or delay, the commission shall require the utility to pay the dairy producer's actual costs of investigation, if any, and preparation and presentation of the claim before the commission. The commission's order thereon shall be binding on the parties, subject only to the provisions of section 61-807, Idaho Code.

History:

[61-805, added 2005, ch. 189, sec. 1, p. 580.]
Idaho Code § 61-537 — Idaho Code / Title 61 / Chapter 5 / Section 61-537
61-537 CONTRACTS OF SUPPLIERS SUBJECT TO PROVISIONS OF LAW.
Status: in_force

61-537. Contracts of suppliers subject to provisions of law. All contracts of suppliers shall be subject to actions taken and the immunities provided hereunder.

History:

[61-537, added 1975, ch. 238, sec. 8, p. 646.]
Idaho Code § 61-709 — Idaho Code / Title 61 / Chapter 7 / Section 61-709
61-709 PENALTY FOR VIOLATIONS BY OFFICERS AND EMPLOYEES.
Status: in_force

61-709. Penalty for violations by officers and employees. Every officer, agent or employee of any public utility, who violates or fails to comply with, or who procures, aids or abets any violation by any public utility of any provision of the constitution of this state or of this act, or who fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement or any part or provision thereof, of the commission under the provisions of this act, or who procures, aids or abets any public utility in its failure to obey, observe and comply with any such order, decision, rule, direction, demand or requirement, or any part or provision thereof, in a case in which a penalty has not hereinbefore been provided for, such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding $1000, or by imprisonment in a county jail not exceeding one (1) year, or by both such fine and imprisonment.

History:

[(61-709) 1913, ch. 61, sec. 73, p. 248; reen. C.L. 106:157; C.S., sec. 2525; I.C.A., sec. 59-709.]
Idaho Code § 61-119 — Idaho Code / Title 61 / Chapter 1 / Section 61-119
61-119 ELECTRICAL CORPORATION.
Status: in_force

61-119. Electrical corporation. The term "electrical 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 electric plant for compensation within this state, except where the electricity is:

(1) Generated on or distributed by the producer through private property alone, solely for his own use or the use of his tenants and not for sale to others;

(2) Purchased from a public utility as defined in section 61-129, Idaho Code, to charge the batteries of an electric motor vehicle as provided by order or rule of the commission; or

(3) To be used exclusively in operations incident to the working of metalliferous mines and mining claims, mills, or reduction and smelting plants, and the transmission lines and distribution systems are owned by the consumer or where several consumers severally own their individual distribution systems and jointly own, in their own names or through a trustee, the transmission lines used in connection therewith and transmit such electricity, whether generated by themselves or procured from some other source, over such transmission lines and distribution systems without profit, and to be used for their private uses for the purposes aforesaid in places outside the limits of incorporated cities, towns and villages, and not for resale or public use, sale or distribution.

History:

[(61-119) 1913, ch. 61, sec. 2r, p. 248; am. 1915, ch. 62, sec. 1r, p. 153; am. 1917, ch. 128, subd. r, p. 430; reen. C.L. 106:19; C.S., sec. 2386; I.C.A., sec. 59-119; am. 2015, ch. 221, sec. 1, p. 684.]
Idaho Code § 61-535 — Idaho Code / Title 61 / Chapter 5 / Section 61-535
61-535 ORDER FOR CURTAILMENT OF CONSUMPTION BY CONSUMERS.
Status: in_force

61-535. Order for curtailment of consumption by consumers. The commission, in addition to the powers herein granted, upon the declaration of an emergency, may order the curtailment of electric power and gas consumption by consumers as the commission finds reasonable and necessary.

History:

[61-535, added 1975, ch. 238, sec. 6, p. 646.]
Idaho Code § 61-509 — Idaho Code / Title 61 / Chapter 5 / Section 61-509
61-509 REGULATION OF TRAIN AND STREET CAR SERVICE.
Status: in_force

61-509. Regulation of train and street car service. Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that any railroad corporation or street railroad corporation does not run a sufficient number of trains or cars, or possess or operate sufficient motive power, reasonably to accommodate the traffic, passenger or freight, transported by or offered for transportation to it, or does not run its trains or cars with sufficient frequency or at a reasonable or proper time having regard to safety, or does not stop the same at proper places, or does not run any train or trains, car or cars upon a reasonable time schedule for the run, the commission shall have the power to make an order directing any such railroad corporation or street railroad corporation to increase the number of its trains or of its cars or its motive power or to change the time for starting its trains or cars, to change the time schedule for the run of any train or car, or to change the stopping place or places thereof or to make any other order that the commission may determine to be reasonably necessary to accommodate and transport the traffic, passenger or freight, transported or offered for transportation.

History:

[(61-509) 1913, ch. 61, sec. 35, p. 248; reen. C.L. 106:89; C.S., sec. 2457; I.C.A., sec. 59-509.]
Idaho Code § 61-906 — Idaho Code / Title 61 / Chapter 9 / Section 61-906
61-906 NO LIABILITY ON PART OF STATE.
Status: in_force

61-906. No liability on part of state. No provision of this act, or any act or deed done or performed in connection therewith, shall be construed to obligate the state of Idaho to pay or guarantee in any manner whatsoever any security authorized, issued, assumed or guaranteed under the provisions of this act.

History:

[61-906, added 1951, ch. 143, sec. 1, p. 333.]
Idaho Code § 61-1204 — Idaho Code / Title 61 / Chapter 12 / Section 61-1204
61-1204 SALARIES AND EXPENSES OF COUNCIL MEMBERS.
Status: in_force

61-1204. Salaries and expenses of council members. The annual salary of each council member shall be set by the governor. All expenses incurred by a council member pursuant to the provisions of this chapter, including the actual and necessary traveling and other expenses and disbursements incurred while on business of the council, shall be paid from the funds appropriated for the use of the council as provided by federal law. Salary and expense monies shall be paid from federal appropriations as provided for in the pacific northwest electric power planning and conservation act.

History:

[61-1204, added 1981, ch. 351, sec. 1, p. 725.]
Idaho Code § 61-909 — Idaho Code / Title 61 / Chapter 9 / Section 61-909
61-909 EXEMPTIONS.
Status: in_force

61-909. Exemptions. The commission may from time to time by order or rule, and subject to such terms and conditions as may be prescribed therein, exempt any security or any class of securities for which an application is required under this chapter or any public utility or class of public utility from the provisions of this chapter if it finds that the application thereof to such security, class of securities, public utility or class of public utility is not required by the public interest.

History:

[61-909, added 1997, ch. 239, sec. 1, p. 700.]
Idaho Code § 61-116 — Idaho Code / Title 61 / Chapter 1 / Section 61-116
61-116 GAS PLANT.
Status: in_force

61-116. Gas plant. The term "gas plant" when used in this act includes all real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the production, generation, transmission, delivery or furnishing of gas (natural or manufactured) for light, heat or power.

History:

[(61-116) 1913, ch. 61, sec. 2o, p. 248; reen. 1915, ch. 62, sec. 1o, p. 153; reen. 1917, ch. 128, subd. o, p. 430; reen. C.L. 106:16; C.S., sec. 2383; I.C.A., sec. 59-116.]
Idaho Code § 61-518 — Idaho Code / Title 61 / Chapter 5 / Section 61-518
61-518 RAILROAD SERVICE — FURNISHING CARS.
Status: in_force

61-518. Railroad service — Furnishing cars. Every railroad company shall, upon reasonable notice, furnish to all persons or corporations who may apply therefor and offer property for transportation, sufficient and suitable cars for the transportation of such property in carload lots. In case at any time a railroad company has not sufficient cars to meet all the requirements for transportation of property in carload lots, all cars available for such purpose shall be distributed among the several applicants therefor without unjust discrimination between shippers, localities or competitive or noncompetitive points, but preference may always be given in the supplying of cars for shipment of live stock or perishable property.

History:

[(61-518) 1913, ch. 61, sec. 43a, p. 248; reen. C.L. 106:98; C.S., sec. 2466; I.C.A., sec. 59-518.]
Idaho Code § 61-1003 — Idaho Code / Title 61 / Chapter 10 / Section 61-1003
61-1003 RETURNS — FORMS AND PREPARATION — TIME OF FILING AND FIRST FEE PAYMENT.
Status: in_force

61-1003. Returns — Forms and preparation — Time of filing and first fee payment. On or before April 1 of each year, each public utility and railroad corporation subject to the jurisdiction of the commission shall file with the commission a return verified by an officer or agent of the public utility or railroad corporation involved, showing its gross operating revenues from its intrastate utility or railroad business in Idaho for the preceding calendar year during which it carried on such intrastate utility or railroad business. Such return shall be in such form and detail as the commission may prescribe and shall be subject to audit by the commission. Payments shall be made as provided in section 61-1005, Idaho Code.

History:

[61-1003, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 3, p. 179; am. 2025, ch. 20, sec. 30, p. 61.]
Idaho Code § 61-1305 — Idaho Code / Title 61 / Chapter 13 / Section 61-1305
61-1305 PARTICIPATION IN PROGRAM.
Status: in_force

61-1305. Participation in program. (1) All telephone corporations providing basic local exchange service within the state of Idaho and all telephone corporations providing intrastate message telecommunications service within the state of Idaho, including those otherwise exempt from the jurisdiction of the commission pursuant to section 61-104, Idaho Code, and those providing local exchange services or message telecommunications services pursuant to the telecommunications act of 1988, chapter 6, title 62, Idaho Code, shall except as provided in subsection (2) of this section, provide TRS in accordance with the program established by the commission, and shall pay into the telecommunications relay services fund such sums as may represent the telephone corporation's share of the cost of the program, based upon an allocation methodology duly adopted by the commission in accordance with its rulemaking procedures.

(2) The commission shall permit a telephone corporation to provide telecommunications relay services to its customers by a TRS provider other than the provider approved by the commission and shall waive the telephone corporation's obligation to participate in the program if the commission finds, upon application by a telephone corporation, that the following facts exist:

(a) The telephone corporation will continue to meet its obligation to its Idaho customers in accordance with the standards set forth in the Americans with disabilities act; and

(b) The nonparticipation of such telephone corporation will not substantially impair the operation or provision of TRS pursuant to the program adopted by the commission.

(3) Each telephone corporation subject in whole or in part to the commission's ratemaking authority may apply to the commission for authority to increase its rates and charges in an amount not to exceed its payments to the telecommunications relay services fund pursuant to this chapter or the costs it incurs in providing TRS through an alternative TRS provider as authorized by the commission pursuant to subsection (2) of this section. Such applications shall plainly state the amount of the proposed increase, its manner of calculation, and the proposed recovery method, but shall not require a full cost-of-service filing or general ratemaking presentation. The commission shall promptly consider and act upon such applications.

History:

[61-1305, added 1992, ch. 148, sec. 1, p. 446.]
Idaho Code § 61-502 — Idaho Code / Title 61 / Chapter 5 / Section 61-502
61-502 DETERMINATION OF RATES.
Status: in_force

61-502. Determination of rates. Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that the rates, rentals, charges or classifications, or any of them, demanded, observed, charged or collected by any public utility for any service or product or commodity, or in connection therewith, including the rates or fares for excursions or commutation tickets, or that the rules, regulations, practices, or contracts, or any of them, affecting such rates, rentals, charges or classifications, or any of them, are unjust, unreasonable, discriminatory or preferential, or in any way in violation of any provision of law, or that such rates, rentals, charges or classifications are insufficient, the commission shall determine the just, reasonable or sufficient rates, rentals, charges, classifications, rules, regulations, practices or contracts to be thereafter observed and in force and shall fix the same by order as hereinafter provided and shall, under such rules and regulations as the commission may prescribe, fix the reasonable maximum rates to be charged for water by any public utility coming within the provisions of this act relating to the sale of water.

History:

[(61-502) 1913, ch. 61, sec. 30(a), p. 248; reen. C.L. 106:83; C.S., sec. 2451; I.C.A., sec. 59-502; am. 2025, ch. 20, sec. 22, p. 58.]
Idaho Code § 61-706 — Idaho Code / Title 61 / Chapter 7 / Section 61-706
61-706 PENALTY FOR VIOLATION.
Status: in_force

61-706. Penalty for violation. Any public utility which violates or fails to comply with any provisions of the constitution of this state or of this act, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement or any part or provision thereof, of the commission, under the provisions of this act, in a case in which a penalty has not hereinbefore been provided for, such public utility is subject to a penalty of not more than $2000 for each and every offense.

History:

[(61-706) 1913, ch. 61, sec. 72a, p. 248; compiled and reen. C.L. 106:154; C.S., sec. 2522; I.C.A., sec. 59-706.]
Idaho Code § 61-1001 — Idaho Code / Title 61 / Chapter 10 / Section 61-1001
61-1001 ANNUAL FEES PAYABLE TO COMMISSION BY PUBLIC UTILITIES — PURPOSE.
Status: in_force

61-1001. Annual fees payable to commission by public utilities — Purpose. Each public utility and each railroad corporation, subject to the jurisdiction of the commission, and subject to the provisions of this act, shall pay to the commission in each year, a special regulatory fee in such amount as the commission shall find and determine to be necessary, together with the amount of all other fees paid or payable to the commission by each such public utility and railroad corporation in the current calendar year, to defray the amount to be expended by the commission for expenses in supervising and regulating the public utilities and railroad corporations subject to its jurisdiction.

History:

[61-1001, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 1, p. 179; am. 1975, ch. 135, sec. 1, p. 297; am. 1981, ch. 74, sec. 1, p. 106; am. 1999, ch. 289, sec. 2, p. 716; am. 1999, ch. 383, sec. 14, p. 1067.]
Idaho Code § 61-118 — Idaho Code / Title 61 / Chapter 1 / Section 61-118
61-118 ELECTRIC PLANT.
Status: in_force

61-118. Electric plant. The term "electric plant" when used in this act includes all real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the production, generation, transmission, delivery or furnishing of electricity for light, heat or power, and all conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power.

History:

[61-118, added 1913, ch. 61, sec. 2q, p. 248; am. 1915, ch. 62, sec. 1q, p. 153; am. 1917, ch. 128, subd. q, p. 430; reen. C.L. 106:18; C.S., sec. 2385; I.C.A., sec. 59-118.]
Idaho Code § 61-305 — Idaho Code / Title 61 / Chapter 3 / Section 61-305
61-305 SCHEDULES OF PUBLIC UTILITIES.
Status: in_force

61-305. Schedules of PUBLIC UTILITIES. Under such rules and regulations as the commission may prescribe, every public utility shall file with the commission within such time and in such form as the commission may designate and shall print and keep open to public inspection schedules showing all rates, rentals, charges and classifications collected or enforced, or to be collected or enforced, together with all rules, regulations, contracts, privileges and facilities that in any manner affect or relate to rates, rentals, classifications or service. The rates, rentals and charges shown on such schedules when filed by a public utility as to which the commission by this act acquires the power to fix any rates, rentals or charges shall not, within any portion of the territory as to which the commission acquires as to such public utility such power, exceed the rates, rentals or charges in effect on the second day of January 1913. The rates, rentals and charges shown on such schedules when filed by any public utility as to any territory as to which the commission does not by this act acquire as to such public utility such power shall not exceed the rates, rentals and charges in effect at the time the commission acquires as to such territory and as to such public utility the power to fix rates, rentals or charges. Nothing in this section shall prevent the commission from approving or fixing the rates, rentals or charges, from time to time, in excess or less than those shown by said schedules.

History:

[(61-305) 1913, ch. 61, sec. 13b, p. 248; compiled and reen. C.L. 106:48; C.S., sec. 2415; I.C.A., sec. 59-305; am. 2025, ch. 20, sec. 9, p. 56.]
Idaho Code § 61-1802 — Idaho Code / Title 61 / Chapter 18 / Section 61-1802
61-1802 LEGISLATIVE INTENT.
Status: in_force

61-1802. LEGISLATIVE INTENT. In enacting this chapter, it is the intent of the legislature to provide for the safe, efficient, and reliable generation, transmission, and distribution of electric power at affordable rates and in such ways that protect the public interest, health, safety, and welfare. The legislature recognizes that the public utilities commission oversees electric corporation compliance with applicable Idaho statutes and regulations, and, when applicable, the state-adopted provisions of the national electric safety code. It further recognizes that preparation for and response to wildfire risk is an increasingly important element of planning conducted by electric utilities. Proper preparation is crucial to position electric utilities to avoid and respond to wildfire risk. Knowing what measures should be taken to minimize wildfire risk before a fire occurs and to respond to it when it does occur is central to the affordable, safe, and reliable transmission and distribution of electricity. It is essential to ensure these risks are addressed as needed and within appropriate cost parameters so that electric power is kept affordable to the public. This chapter is designed to direct the prudent use of resources by electric utilities to mitigate and respond to wildfire risk within the costs that can be justified as just and reasonable in order to keep rates affordable to utility customers and protect Idaho residents and their property.

History:

[61-1802, added 2025, ch. 249, sec. 1, p. 1102.]
Idaho Code § 61-1606 — Idaho Code / Title 61 / Chapter 16 / Section 61-1606
61-1606 COST REDUCTION INSTRUMENTS.
Status: in_force

61-1606. Cost reduction instruments. (1) Public utilities and assignees may issue and sell cost reduction instruments upon approval by the commission of such action in a cost reduction order.

(2) Public utilities and assignees may sell and assign all or portions of their interest in cost reduction property that is the basis for the issuance of cost reduction instruments to the extent approved in the pertinent cost reduction order. To the extent approved in the pertinent cost reduction orders, public utilities and assignees may also pledge cost reduction property as collateral, directly or indirectly, for cost reduction instruments providing for a security interest in the cost reduction property, in the manner as set forth in this chapter. Cost reduction property may also be sold or assigned by:

(a) A public utility, an assignee or a trustee for the holders of cost reduction instruments in connection with the exercise of remedies upon a default; or

(b) Any person acquiring the cost reduction property after a sale or assignment pursuant to this subsection.

(3) To the extent that any interest in cost reduction property is so sold or assigned, or is so pledged as collateral, the commission may authorize the public utility to contract with an assignee that it will continue to operate its system to provide service to its customers, will collect amounts with respect to the cost reduction rates for the benefit and account of the assignee, and will account for and remit these amounts to or for the account of the assignee. Contracting with the assignee in accordance with that authorization shall not impair or negate the characterization of the sale, assignment or pledge as an absolute transfer, a true sale or security interest, as applicable.

(4) Upon approval by the commission of a cost reduction order, any issuance of cost reduction instruments approved therein, any related transfer or pledge of cost reduction property and any other transactions incidental to such issuance shall be exempt from the requirements of 61-901 through 61-908, Idaho Code. The commission may include in any cost reduction order any additional approvals that may be required in connection with such issuance under applicable law.

(5) An assignee shall not be considered to be an electric or gas corporation solely by virtue of the transactions described in this chapter.

History:

[61-1606, added 2005, ch. 372, sec. 1, p. 1190.]
Idaho Code § 61-506 — Idaho Code / Title 61 / Chapter 5 / Section 61-506
61-506 INTERSTATE RATES.
Status: in_force

61-506. Interstate rates. The commission shall have the power to investigate all existing or proposed interstate rates, rentals, charges and classifications, and all rules and regulations and practices in relation thereto, for or in relation to property or the transmission of messages or conversations, where any act in relation thereto shall take place within this state; and when the same are, in the opinion of the commission, excessive or discriminatory or in violation of the act of congress entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereof and supplementary thereto, or of any other act of congress, or in conflict with the rulings, orders or regulations of the interstate commerce commission, the commission may apply by petition or otherwise to the interstate commerce commission or to any court of competent jurisdiction for relief.

History:

[(61-506) 1913, ch. 61, sec. 32, p. 248; reen. C.L. 106:86; C.S., sec. 2454; I.C.A., sec. 59-506; am. 2025, ch. 20, sec. 25, p. 59.]
Idaho Code § 61-1505 — Idaho Code / Title 61 / Chapter 15 / Section 61-1505
61-1505 SECURITY INTEREST.
Status: in_force

61-1505. Security interest. (1) To the extent the provisions of this section conflict with chapter 9 as from time to time in effect, including any successor provisions, this section shall apply.

(2) A security interest in energy cost property is valid, is enforceable against the pledgor and third parties, subject to the rights of any third parties holding security interests in the energy cost property perfected in the manner described in this section, and attaches when all of the following have occurred:

(a) The commission has issued an energy cost financing order authorizing the energy cost bond charges, the right to the imposition and collection of which is included in the energy cost property;

(b) Value has been given by the pledgees of the energy cost property; and

(c) The pledgor has signed a security agreement covering the energy cost property.

(3) A valid and enforceable security interest in energy cost 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 energy cost property as "debtor" and identifying the energy cost property. 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 with the commission by the pledgor or transferor of the energy cost 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 energy cost 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. Energy cost property shall constitute property for all purposes, including for contracts securing energy cost recovery bonds, whether or not the revenues and proceeds arising with respect thereto have accrued.

(5) Subject to the terms of the security agreement covering the energy cost property and the rights of any third parties holding security interests in the energy cost 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 energy cost property with other funds of the public utility that is the pledgor or transferor of the energy cost 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 energy cost 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 energy cost 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 energy cost 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 energy cost property, the pledgees of the energy cost 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 energy cost property, subject to the rights of any third parties holding prior security interests in the energy cost property perfected in the manner provided in this section. In addition, the commission may require, in the energy cost financing order creating the energy cost property, that, in the event of default by the public utility in payment of revenues arising with respect to the energy cost property, the commission and any successor thereto, upon the application by the pledgees or transferees, including transferees under section 61-1506, Idaho Code, of the energy cost 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 energy cost 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 energy cost property.

(7) Energy cost recovery property shall constitute an account 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 energy cost property by a public utility, assignee or other issuer.

(9) This subsection sets forth the terms by which a consensual security interest can be created and perfected in the energy cost property. Unless otherwise ordered by the commission with respect to any series of energy cost recovery bonds on or prior to the issuance of the series, there shall exist a statutory lien as provided in this subsection. Upon the effective date of the energy cost financing order, there shall exist a first priority lien on all energy cost property then existing or thereafter arising pursuant to the terms of the energy cost financing order. This lien shall arise by operation of this subsection 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 energy cost recovery bonds issued pursuant to the energy cost financing order, the trustee or representative for the holders, and any other entity specified in the energy cost financing order. The persons for whose benefit this lien is established shall, upon the occurrence of any defaults specified in the pertinent energy cost financing 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 energy cost property. This lien shall attach to the energy cost property regardless of who shall own, or shall subsequently be determined to own, the energy cost 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 energy cost property and all third parties upon the effectiveness of the energy cost financing 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 energy cost property. A perfected statutory lien in energy cost 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 energy cost financing order creating the energy cost property, that, in the event of default by the public utility in payment of revenues arising with respect to energy cost 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 energy cost property.

History:

[61-1505, added 2001, ch. 380, sec. 1, p. 1332.]
Idaho Code § 61-1807 — Idaho Code / Title 61 / Chapter 18 / Section 61-1807
61-1807 DENIAL OF ACCESS TO RIGHTS-OF-WAY.
Status: in_force

61-1807. denial of access to rights-of-way. If, after an electric corporation has requested access to privately-owned land or an easement or right-of-way on land owned by the state, a federal agency, or a tribal government, through certified mail addressed to the address best calculated to provide notice, telephone, or electronic means known to belong to the landowner, state, federal agency, or tribal government and reasonably considered likely to provide notice, access is denied or no response is received after thirty (30) days of the request, the electric corporation is authorized to access the property, easement, or right-of-way for the limited purposes of performing vegetation management, fire mitigation work in accordance with a commission-approved wildfire mitigation plan, or upgrading, inspecting, or repairing the electric corporation's assets, infrastructure, or facilities. In taking such actions, the electric corporation shall not be held liable in any civil action for claims or damages, except to the extent the electric corporation's conduct willfully or recklessly caused substantial damage to the property.

History:

[61-1807, added 2025, ch. 249, sec. 1, p. 1105.]
Idaho Code § 61-337 — Idaho Code / Title 61 / Chapter 3 / Section 61-337
61-337 FISH AND WILDLIFE MITIGATION INFORMATION.
Status: in_force

61-337. Fish and wildlife mitigation information. (1) On and after July 1, 2004, each electric utility with one thousand (1,000) customers or more may provide information in its bills to its customers regarding the percentage of the electric utility's costs of supplying electric energy to its customers which is utilized for fish and wildlife mitigation purposes on the electric utility's system.

(2) On and after July 1, 2004, each cooperative and municipality furnishing electric service, as those terms are defined in section 61-332A, Idaho Code, (excepting a cooperative that serves less than one thousand (1,000) customers and also serves consumers in other states) may provide information on its bills to its customers of the percentage cost of fish and wildlife mitigation included in the cost of electric energy sold to the cooperative or municipality's customers.

(3) Annually, at a time at the discretion of the utility or entity, a statement shall be posted on the utility's or entity's website detailing to whom and the amount spent on fish and wildlife mitigation by the utility or entity for the most recent fiscal year.

History:

[61-337, added 2004, ch. 161, sec. 1, p. 528.]
Idaho Code § 61-622A — Idaho Code / Title 61 / Chapter 6 / Section 61-622A
61-622A COMMISSION AUTHORITY — COST ALLOCATION.
Status: in_force

61-622A. Commission authority — Cost allocation. For any telephone corporation which provides telecommunication services pursuant to both title 61, Idaho Code, and title 62, Idaho Code, the commission may, or at the request of a telephone corporation shall, establish procedures for allocation of costs between telecommunication services provided pursuant to title 61, Idaho Code, and telecommunication services provided pursuant to title 62, Idaho Code. Such allocations shall reasonably reflect how joint-use facilities are utilized, provide reasonable stability for telephone corporations to do business planning and pricing and minimize the cost of accounting and record keeping to the extent possible. In developing such allocation methods, the commission may adopt procedures which are based on gross allocation factors derived from relative changes in total intrastate telecommunication service revenues or expenses or other measures of relative change between the provision of telecommunication services subject to title 61, Idaho Code, and telecommunication services subject to title 62, Idaho Code. The commission shall have authority to establish just and reasonable rates for all telecommunication services which remain subject to title 61, Idaho Code, and for basic local service in accordance with the provisions of chapter 6, title 62, Idaho Code.

History:

[61-622A, added 1988, ch. 195, sec. 3, p. 369; am. 1997, ch. 192, sec. 1, p. 540.]
Idaho Code § 61-512 — Idaho Code / Title 61 / Chapter 5 / Section 61-512
61-512 RAILROAD SERVICE — CARS OF CONNECTING RAILROAD.
Status: in_force

61-512. Railroad service — Cars of connecting railroad. The commission shall likewise have the power to require any railroad corporation to switch to private spurs and industrial tracks upon its own railroad the cars of a connecting railroad corporation and to prescribe reasonable terms and compensation for such service.

History:

[(61-512) 1913, ch. 61, sec. 37b, p. 248; reen. C.L. 106:92; C.S., sec. 2460; I.C.A., sec. 59-512.]
Idaho Code § 61-908 — Idaho Code / Title 61 / Chapter 9 / Section 61-908
61-908 SAVING CLAUSE.
Status: in_force

61-908. Saving clause. If any part or parts of this act shall be adjudged by the courts to be unconstitutional or invalid, the same shall not affect the validity of any part or parts thereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid.

History:

[61-908, added 1951, ch. 143, sec. 1, p. 333.]
Idaho Code § 61-302 — Idaho Code / Title 61 / Chapter 3 / Section 61-302
61-302 MAINTENANCE OF ADEQUATE SERVICE.
Status: in_force

61-302. Maintenance of adequate service. Every public utility shall furnish, provide and maintain such service, instrumentalities, equipment and facilities as shall promote the safety, health, comfort and convenience of its patrons, employees and the public, and as shall be in all respects adequate, efficient, just and reasonable.

History:

[(61-302) 1913, ch. 61, sec. 12b, p. 248; reen. C.L. 106:45; C.S., sec. 2412; I.C.A., sec. 59-302.]
Idaho Code § 61-528 — Idaho Code / Title 61 / Chapter 5 / Section 61-528
61-528 CERTIFICATE OF CONVENIENCE AND NECESSITY — CONDITIONS.
Status: in_force

61-528. Certificate of convenience and necessity — Conditions. Before any certificate of convenience and necessity may issue a certified copy of its articles of incorporation, or charter, if the applicant be a corporation, shall be filed in the office of the commission. The commission shall have power, after hearing involving the financial ability and good faith of the applicant and necessity of additional service in the community to issue said certificate as prayed for, or to refuse to issue the same, or to issue it for the construction of any portion only of the contemplated street railroad, line, plant or system or extension thereof, or for the partial exercise only of said right or privilege, and may attach to the exercise of the rights granted by said certificate, such terms and conditions as in its judgment the public convenience and necessity may require.

History:

[(61-528) 1913, ch. 61, sec. 48c, p. 248; am. 1915, ch. 62, sec. 2, subd. 48c, p. 156; compiled and reen. C.L. 106:108; C.S., sec. 2476; I.C.A., sec. 59-528.]
Idaho Code § 61-539 — Idaho Code / Title 61 / Chapter 5 / Section 61-539
61-539 WATER RIGHTS OF AN ELECTRICAL CORPORATION — NO COMMISSION JURISDICTION.
Status: in_force

61-539. Water rights of an electrical corporation — No commission jurisdiction. The commission shall have no power or jurisdiction to make any determination, decision, rule, demand, requirement, or issue any order or decree involving or related to the failure or refusal of an electrical corporation to protect its hydropower water rights from depletion or loss to (1) junior priority consumptive water uses for any consumptive purpose prior to November 19, 1982, (2) junior priority consumptive water uses for irrigation where substantial investments in irrigation wells and irrigation equipment were made prior to November 19, 1982, but were not operating in 1982, and (3) junior priority consumptive water uses for domestic, nonconsumptive commercial, nonconsumptive industrial or nonconsumptive municipal uses occurring from and after November 19, 1982.

This section shall apply not only to future proceedings concerning claims the cause for which arose prior to November 19, 1982, but also to proceedings pending before the commission at the time this act becomes effective, and any claims which might be asserted against the electrical corporation for depletions from uses within (1), (2) or (3) above.

History:

[61-539, added 1983, ch. 259, sec. 1, p. 690.]
Idaho Code § 61-204 — Idaho Code / Title 61 / Chapter 2 / Section 61-204
61-204 ATTORNEY GENERAL ATTORNEY OF COMMISSION.
Status: in_force

61-204. Attorney general attorney of commission. It shall be the right and the duty of the attorney general to represent and appear for the people of the state of Idaho and the commission in all actions and proceedings involving any question under this act or under any order or act of the commission and, if directed to do so by the commission, to intervene, if possible, in any action or proceeding in which any such question is involved; to commence, prosecute, and expedite the final determination of all actions and proceedings directed or authorized by the commission; to advise the commission and each commissioner, when so requested, in regard to all matters connected with the powers and duties of the commission and the members thereof; and generally to perform all duties and service as attorney to the commission which the commission may require of him.

History:

[(61-204) 1913, ch. 61, sec. 4, p. 248; reen. C.L. 106:33; C.S., sec. 2400; I.C.A., sec. 59-204.]
Idaho Code § 61-1603 — Idaho Code / Title 61 / Chapter 16 / Section 61-1603
61-1603 COST REDUCTION ORDER.
Status: in_force

61-1603. Cost reduction order. (1) A public utility may apply to the commission for a cost reduction order authorizing the recovery of approved costs through the imposition and collection of a cost reduction rate.

(2) A public utility may apply to the commission from time to time for a cost reduction order in a manner prescribed by the commission, in separate proceedings for this purpose or in connection with a general rate case. Such application may also include a request for authority to issue and sell cost reduction instruments to be secured by or payable from the cost reduction rate that results from such cost reduction order or the cost reduction property created by this chapter and the cost reduction order related to such cost reduction rate. Upon such an application, if the commission finds that the public interest would be served if the approved costs were recovered through a cost reduction rate, the commission shall issue a cost reduction order to allow the public utility to recover the approved costs through a cost reduction rate and may also provide authority to issue and sell cost reduction instruments.

(3) A cost reduction order shall detail the approved costs to be recovered and the period of time in which recovery of the approved costs is to occur. A cost reduction order shall specify the amount of the cost reduction rate and the method for determining the amount of the cost reduction rate that from time to time will be sufficient to recover all approved costs. Cost reduction rates shall remain in effect until all approved costs have been paid in full.

(4) A cost reduction order may be issued only upon the application of a public utility and shall become effective only in accordance with its terms and conditions. A public utility may withdraw its application for a cost reduction order if it disagrees with any of the terms and conditions of the order within fourteen (14) days of service of a final order on the public utility. A public utility shall effect the withdrawal of its application by filing a written notice of withdrawal with the commission within such time period. Nothing in this section shall be construed to limit or preclude other remedies that may be available to the public utility under applicable law.

(5) No public utility shall be treated as having acted unreasonably or imprudently by reason of its failure to apply for a cost reduction order, by reason of its withdrawal of an application for a cost reduction order, or by reason of its failure to arrange for the issuance of cost reduction instruments pursuant to a cost reduction order.

(6) Upon issuance of a cost reduction order, a public utility may sell, assign or otherwise transfer or pledge cost reduction property created by this chapter and the applicable cost reduction order, and if authorized by the particular cost reduction order, a public utility or an assignee may issue or cause to be issued cost reduction instruments.

(7) Any cost reduction order, and the approved costs and the cost reduction rates that have been authorized by the commission in such cost reduction order, shall be irrevocable and binding upon the commission. The commission shall not have authority either by rescinding, altering or amending a cost reduction order or otherwise to, either directly or indirectly, revalue or revise for ratemaking purposes the approved costs or the cost reduction rates. Once the commission authorizes a cost reduction rate, it cannot determine in a later proceeding that the cost reduction rate is unjust or unreasonable, or in any way reduce or impair the value of related cost reduction property, either directly or indirectly, by taking the cost reduction rate 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 cost reduction property and with any cost reduction instrument holders that neither the state nor any of its agencies, including the commission, shall (by administrative or legislative action, ballot initiative or other similar process) limit, alter, restrict or impair the approved costs, the cost reduction rate, the cost reduction property, the cost reduction orders or any rights thereunder or ownership thereof or security interest therein or in any way impair the rights or remedies of any cost reduction instrument holders. The state does hereby acknowledge that any cost reduction instrument holders 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.

(8) Notwithstanding any other provision of this chapter, the commission will from time to time, and no less frequently than annually, approve adjustments to the cost reduction rates as may be necessary to ensure timely and complete recovery of all approved costs that are the subject of the pertinent cost reduction order.

(9) Subject to the foregoing limitations, the commission has the same authority with respect to a proposed cost reduction rate as it has with regard to any other tariff, schedule or classification the effect of which is to change any rate or charge, including, without limitation, the power granted by chapter 6, title 61, Idaho Code, to conduct a hearing concerning a proposed cost reduction rate and the reasonableness and justness thereof.

(10) The commission shall establish procedures for the expeditious processing of any application for cost reduction orders and adjustments thereto, including the approval or disapproval of any such orders within forty-five (45) days of the application therefor.

History:

[61-1603, added 2005, ch. 372, sec. 1, p. 1188.]
Idaho Code § 61-307 — Idaho Code / Title 61 / Chapter 3 / Section 61-307
61-307 SCHEDULES — CHANGE IN RATE AND SERVICE.
Status: in_force

61-307. Schedules — Change in rate and service. Unless the commission otherwise orders, no change shall be made by any public utility in any rate, rental, charge or classification, or in any rule, regulation or contract relating to or affecting any rate, rental, charge, classification or service, or in any privilege or facility, except after thirty (30) days' notice to the commission and to the public as herein provided. Such notice shall be given by filing with the commission and keeping open for public inspection new schedules stating plainly the change or changes to be made in the schedule or schedules then in force and the time when the change or changes will go into effect. The commission, for good cause shown, may allow changes without requiring the thirty (30) days' notice herein provided for by an order specifying the changes so to be made and the time when they shall take effect and the manner in which they shall be filed and published. When any change is proposed in any rate, rental, charge or classification, or in any form of contract or agreement, or in any rule, regulation or contract relating to or affecting any rate, rental, charge, classification or service, or in any privilege or facility, attention shall be directed to such change on the schedule filed with the commission by some character to be designated by the commission immediately preceding or following the item.

History:

[(61-307) 1913, ch. 61, sec. 14, p. 248; reen. C.L. 106:50; C.S., sec. 2417; I.C.A., sec. 59-307; am. 2025, ch. 20, sec. 10, p. 56.]
Idaho Code § 61-714 — Idaho Code / Title 61 / Chapter 7 / Section 61-714
61-714 FOREIGN AND INTERSTATE COMMERCE.
Status: in_force

61-714. Foreign and interstate commerce. Neither this act, nor any provision thereof, except when specifically so stated, shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of the union, except in so far as the same may be permitted under the provisions of the Constitution of the United States and the acts of congress.

History:

[(61-714) 1913, ch. 61, sec. 79, p. 248; reen. C.L. 106:162; C.S., sec. 2530; I.C.A., sec. 59-714.]
Idaho Code § 61-523 — Idaho Code / Title 61 / Chapter 5 / Section 61-523
61-523 VALUATION.
Status: in_force

61-523. Valuation. The commission shall have power to ascertain the value of the property of every public utility in this state and every fact which, in its judgment, may or does have any bearing on such value. The commission shall have power to make revaluations from time to time and to ascertain all new construction, extensions and additions to the property of every public utility.

History:

[(61-523) 1913, ch. 61, sec. 45, p. 248; reen. C.L. 106:103; C.S., sec. 2471; I.C.A., sec. 59-523.]
Idaho Code § 61-513 — Idaho Code / Title 61 / Chapter 5 / Section 61-513
61-513 TELEPHONE COMPANIES — PHYSICAL CONNECTIONS.
Status: in_force

61-513. Telephone companies — Physical connections. Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that a physical connection can reasonably be made between the lines of two (2) or more telephone corporations whose lines can be made to form a continuous line of communication, by the construction and maintenance of suitable connections for the transfer of messages or conversations, and that public convenience or necessity will be subserved thereby, or shall find that two (2) or more telephone corporations have failed to establish joint rates, tolls or charges for service by or over their said lines and that joint rates, tolls or charges ought to be established, the commission may, by its order, require that such connections be made, and that conversations be transmitted and messages transferred over such connection under such rules and regulations as the commission may establish, and prescribe through lines and joint rates, tolls and charges to be made, and to be used, observed and in force in the future. If such telephone corporations do not agree upon the division between them of the cost of said physical connections or connections of the division of the joint rates, tolls or charges established by the commission over such through lines, the commission shall have authority after further hearing, to establish such division by supplemental order.

History:

[(61-513) 1913, ch. 61, sec. 38, p. 248; compiled and reen. C.L. 106:93; C.S., sec. 2461; I.C.A., sec. 59-513; am. 1984, ch. 106, sec. 6, p. 249.]
Idaho Code § 61-508 — Idaho Code / Title 61 / Chapter 5 / Section 61-508
61-508 IMPROVEMENTS MAY BE ORDERED — COST.
Status: in_force

61-508. Improvements may be ordered — Cost. Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that additions, extensions, repairs or improvements to or changes in the existing plant, scales, equipment, apparatus, facilities or other physical property of any public utility or of any two (2) or more public utilities ought reasonably to be made, or that a new structure or structures should be erected, to promote the security or convenience of its employees or the public, or in any other way to secure adequate service or facilities, the commission shall make and serve an order directing such additions, extensions, repairs, improvements, or changes be made or such structure or structures be erected in the manner and within the time specified in said order. If any additions, extensions, repairs, improvements or changes, or any new structure or structures which the commission has ordered to be erected, requires joint action by two (2) or more public utilities the commission shall notify the said public utilities that such additions, extensions, repairs, improvements or changes or new structure or structures have been ordered and that the same shall be made at the joint cost, whereupon the said public utilities shall have such reasonable time as the commission may grant within which to agree upon the portion or division of cost of such additions, extensions, repairs, improvements or changes or new structure or structures, which each shall bear. If at the expiration of such time, such public utilities shall fail to file with the commission a statement that an agreement has been made for a division or apportionment of the cost or expense of such additions, extensions, repairs, improvements or changes, or new structures or structure, the commission shall have authority, after further hearing, to make an order fixing the proportion of such cost or expense to be borne by each public utility and the manner in which the same shall be paid or secured.

History:

[(61-508) 1913, ch. 61, sec. 34, p. 248; reen. C.L. 106:88; C.S., sec. 2456; I.C.A., sec. 59-508.]
Idaho Code § 61-642 — Idaho Code / Title 61 / Chapter 6 / Section 61-642
61-642 OVERCHARGE — RECOVERY OF PAYMENT.
Status: in_force

61-642. Overcharge — Recovery of payment. If the public utility does not comply with the order for the payment or reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover the same. All complaints concerning excessive or discriminatory charges shall be filed with the commission within three (3) years from the time the cause of action accrues, and the petition for the enforcement of the order shall be filed in the court within one (1) year from the date of the order of the commission. The remedy in this section provided shall be cumulative and in addition to any other remedy or remedies in this act provided in case of failure of a public utility to obey an order or decision of the commission.

History:

[(61-642) 1913, ch. 61, sec. 67b, p. 248; reen. C.L. 106:148; C.S., sec. 2516; I.C.A., sec. 59-642; am. 1965, ch. 215, sec. 1, p. 498.]
Idaho Code § 61-903 — Idaho Code / Title 61 / Chapter 9 / Section 61-903
61-903 SECURITIES WHICH MAY BE ISSUED WITHOUT ORDER OF COMMISSION.
Status: in_force

61-903. Securities which may be issued without order of commission. Such public utility may issue securities, other than stock or stock certificates, payable at periods of not more than twelve (12) months after date of issuance of the same, secured or unsecured, and aggregating (together with all other then outstanding notes and drafts of a maturity of one (1) year or less on which such public utility is primarily or secondarily liable) not more than five per cent (5%) of the par value or, in the case of securities having no par value, the fair market value of the other securities of the public utility then outstanding, without application to or order of the commission, but no such securities so issued shall in whole or in part be refunded by any issue of stocks, stock certificates or other securities having a maturity of more than twelve (12) months, except on application to and approval of the commission.

History:

[61-903, added 1951, ch. 143, sec. 1, p. 333.]
Idaho Code § 61-704 — Idaho Code / Title 61 / Chapter 7 / Section 61-704
61-704 PENALTIES CUMULATIVE.
Status: in_force

61-704. Penalties cumulative. All penalties accruing under this act shall be cumulative of each other, and a suit for the recovery of one (1) penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility, or any officer, director, agent or employee thereof, or any other corporation or person.

History:

[(61-704) 1913, ch. 61, sec. 70b, p. 248; reen. C.L. 106:152; C.S., sec. 2520; I.C.A., sec. 59-704.]
Idaho Code § 61-1508 — Idaho Code / Title 61 / Chapter 15 / Section 61-1508
61-1508 SEVERABILITY.
Status: in_force

61-1508. Severability. If any provision of this chapter is held to be invalid or is invalidated, superseded, replaced or repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this chapter or any other provision of this title that is relevant to the issuance, administration, payment, retirement or refunding of energy cost recovery bonds or to any actions of the public utility, its successors, an assignee or other issuer or a collection agent, which shall remain in full force and effect.

History:

[61-1508, added 2001, ch. 380, sec. 1, p. 1335.]
Idaho Code § 61-538 — Idaho Code / Title 61 / Chapter 5 / Section 61-538
61-538 POLE ATTACHMENTS — REGULATION.
Status: in_force

61-538. POLE ATTACHMENTS — REGULATION. (1) As used in this section:

(a) "Broadband" has the same meaning as that term is defined in section 40-517, Idaho Code.

(b) "Cable services company" means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof, that transmits television signals for distribution to subscribers of its services for a fee by means of wires or cables connecting its distribution facilities with the customer's television receiver or the customer's equipment connecting to the customer's receiver rather than by transmission of the television signal through the air.

(c) "Pole attachment" means any wire or cable for the transmission of a telecommunications service, as defined in 47 U.S.C. 153; broadband; or cable service, as defined in section 50-3002(2), Idaho Code, and any related device, apparatus, or auxiliary equipment, installed on any pole or in any telegraph corporation, telephone corporation, or electrical corporation or on a communications right-of-way, duct, conduit, or other similar facilities owned or controlled, in whole or in part, by one (1) or more public utilities.

(d) "Public utility" has the same meaning as that term is defined in section 61-129, Idaho Code.

(2) The legislature hereby finds that many public utilities have, through a course of conduct covering many years, made available space on and in their poles, ducts, conduits, and other support structures for use by the cable services industry for pole attachment service, and that the provision of such pole attachment service by such public utilities is and has been a public utility service.

(3) Whenever a public utility and a provider of a telecommunications service or broadband or a cable services company are unable to agree on the rates, terms, or conditions for pole attachments or the terms, conditions, or cost of production of space needed for pole attachments, then the commission shall establish and regulate the rates, terms, and conditions, and cost of providing space needed for pole attachments to assure a public utility the recovery of not less than all the additional costs of providing and maintaining pole attachments and not more than the associated capital cost and operating expenses of the public utility attributable to that portion of the pole, duct, or conduit used for the pole attachment, including a share of the required support and clearance space. In determining and fixing the rates, terms, and conditions, the commission shall consider the interest of the customers of the attaching provider of the telecommunications service, broadband or cable services company, the public utility on which the attachment is made, and the customers of the public utility.

(4) To the extent applicable, the procedures set forth in this title shall apply under the provisions of this section.

(5) The commission shall establish rules, subject to legislative approval, relating to the timing of the permitting process for pole attachments.

History:

[61-538, added 2025, ch. 325, sec. 4, p. 1343.]
Idaho Code § 61-1301 — Idaho Code / Title 61 / Chapter 13 / Section 61-1301
61-1301 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

61-1301. Legislative findings and intent. Title IV of the Americans with disabilities act, public law 101-336, requires that on or before July 26, 1993, telephone corporations providing interstate or intrastate telephone services provide telecommunications relay services (TRS) for individuals who are deaf, hard of hearing, or speech-impaired that will allow them to engage in telephone communication in a manner functionally equivalent to that of individuals without hearing loss or speech impairments. The legislature finds that it is in the public interest to provide for the appointment of a TRS administrator who can coordinate TRS services and assist the state in applying for certification of the state TRS program by the federal deadline of October 1, 1992. This certification, if approved by the federal communications commission, will allow every telephone corporation providing intrastate service in Idaho to meet its obligations under federal law by participating in the state telecommunications relay services program.

History:

[61-1301, added 1992, ch. 148, sec. 1, p. 443; am. 2020, ch. 12, sec. 5, p. 25.]
Idaho Code § 61-319 — Idaho Code / Title 61 / Chapter 3 / Section 61-319
61-319 INTERCHANGE OF TELEPHONE MESSAGES.
Status: in_force

61-319. Interchange of telephone messages. Every telephone corporation operating in this state shall receive, transmit, and deliver, without discrimination or delay, the conversations and messages of every other telephone corporation with whose line a physical connection may have been made, or ordered by the commission.

History:

[(61-319) 1913, ch. 61, sec. 21b, p. 248; reen. C.L. 106:64; C.S., sec. 2431; I.C.A., sec. 59-319; am. 1984, ch. 106, sec. 4, p. 248.]
Idaho Code § 61-533 — Idaho Code / Title 61 / Chapter 5 / Section 61-533
61-533 AUTHORITY TO DECLARE EMERGENCY.
Status: in_force

61-533. Authority to declare emergency. The commission shall have authority to declare an emergency, with or without notice, upon finding that an inadequacy or insufficiency of electric power and energy, or natural or manufactured gas threatens the health, safety and welfare of the citizens of this state.

History:

[61-533, added 1975, ch. 238, sec. 4, p. 646.]
Idaho Code § 61-1201 — Idaho Code / Title 61 / Chapter 12 / Section 61-1201
61-1201 AGREEMENT FOR STATE PARTICIPATION IN THE PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL.
Status: in_force

61-1201. Agreement for state participation in the Pacific Northwest Electric Power and Conservation Planning Council. The state of Idaho agrees to participate in the formation of the "Pacific Northwest Electric Power and Conservation Planning Council," created pursuant to the pacific northwest electric power planning and conservation act. Nothing in this agreement shall be construed to alter, diminish or abridge the rights of the state of Idaho and its citizens with respect to any water or water related right and those relating to the regulation of the energy industry.

History:

[61-1201, added 1981, ch. 351, sec. 1, p. 725.]
Idaho Code § 61-806 — Idaho Code / Title 61 / Chapter 8 / Section 61-806
61-806 COMMISSION — RULES OF PRACTICE AND PROCEDURE.
Status: in_force

61-806. Commission — Rules of practice and procedure. In all matters arising under this chapter which are submitted to the commission for decision, order or review, procedure shall be governed by the commission rules of practice and procedure.

History:

[61-806, added 2005, ch. 189, sec. 1, p. 581.]
Idaho Code § 61-622 — Idaho Code / Title 61 / Chapter 6 / Section 61-622
61-622 FINDING OF COMMISSION NECESSARY FOR INCREASE IN RATE AND APPROVAL OF A NEW TARIFF OR SCHEDULE — SUSPENSION.
Status: in_force

61-622. Finding of commission necessary for increase in rate and approval of a new tariff or schedule — suspension. (1) No public utility shall raise any existing rate, rental, or charge or so alter any existing classification, contract, practice, rule, service, or regulation as to result in an increase in any rate, rental, or charge, under any circumstances whatsoever, except upon a showing before the commission and a finding by the commission that such increase is justified.

(2) Whenever there shall be filed with the commission any tariff or schedule stating a new individual or joint rate, rental, charge, classification, contract, practice, rule, service or regulation that does not increase or result in the increase of any existing rate, rental, or charge, such tariff or schedule shall not become effective except upon a showing to and a finding by the commission that such tariff or schedule is justified.

(3) The commission shall have power and is hereby given authority to suspend the proposed effective date of any new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or other formal pleadings by the interested public utility or utilities. The commission shall provide reasonable notice that it intends to conduct a hearing or other proceeding concerning the propriety of such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation. Pending the subsequent hearing or proceeding and decision thereon, such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation shall not go into effect.

(4) The period of suspension of such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation shall not extend beyond thirty (30) days when such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation would otherwise go into effect, pursuant to section 61-307, Idaho Code, unless the commission in its discretion extends the period of suspension for an initial period not exceeding five (5) months, nor unless the commission after a showing of good cause on the record grants an additional sixty (60) days. Prior to the expiration of said periods of suspension, the commission may, with the consent in writing signed by the party filing such new tariff or schedule, permanently or further suspend the same.

(5) After such hearing or other proceeding during the suspension period, the commission shall issue its order approving, denying or amending the proposed tariffs, schedules, rates, rentals, charges, classifications, contracts, practices, rules, services or regulations in whole or in part, or others in lieu thereof, it finds to be just and reasonable.

History:

[(61-622) 1913, ch. 61, sec. 59a, p. 248; reen. C.L. 106:131; C.S., sec. 2499; I.C.A., sec. 59-622; am. 1975, ch. 81, sec. 1, p. 166; am. 1976, ch. 263, sec. 1, p. 887.; am. 2013, ch. 193, sec. 1, p. 476; am. 2025, ch. 20, sec. 27, p. 59.]
Idaho Code § 61-315 — Idaho Code / Title 61 / Chapter 3 / Section 61-315
61-315 DISCRIMINATION AND PREFERENCE PROHIBITED.
Status: in_force

61-315. Discrimination and preference prohibited. No public utility shall, as to rates, charges, service, facilities or in any other respect, make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage. No public utility shall establish or maintain any unreasonable difference as to rates, charges, service, facilities or in any other respect, either as between localities or as between classes of service. The commission shall have the power to determine any question of fact arising under this section.

History:

[(61-315) 1913, ch. 61, sec. 18, p. 248; reen. C.L. 106:60; C.S., sec. 2427; I.C.A., sec. 59-315.]
Idaho Code § 61-327 — Idaho Code / Title 61 / Chapter 3 / Section 61-327
61-327 ELECTRIC UTILITY PROPERTY — ACQUISITION BY CERTAIN PUBLIC AGENCIES PROHIBITED.
Status: in_force

61-327. Electric utility property — Acquisition by certain public agencies prohibited. No title to or interest in any public utility (as such term is defined in chapter 1, title 61, Idaho Code) property located in this state which is used in the generation, transmission, distribution or supply of electric power and energy to the public or any portion thereof, shall be transferred or transferable to, or acquired by, directly or indirectly, by any means or device whatsoever, any government or municipal corporation, quasi-municipal corporation, or governmental or political unit, subdivision or corporation, organized or existing under the laws of any other state; or any person, firm, association, corporation or organization acting as trustee, nominee, agent or representative for, or in concert or arrangement with, any such government or municipal corporation, quasi-municipal corporation, or governmental or political unit, subdivision or corporation; or any company, association, organization or corporation, organized or existing under the laws of this state or any other state, whose issued capital stock, or other evidence of ownership, membership or other interest therein, or in the property thereof, is owned or controlled, directly or indirectly, by any such government or municipal corporation, quasi-municipal corporation, or governmental or political unit, subdivision or corporation; or any company, association, organization or corporation, organized under the laws of any other state, not coming under or within the definition of an electric public utility or electrical corporation as contained in chapter 1, title 61, Idaho Code, and subject to the jurisdiction, regulation and control of the public utilities commission of the state of Idaho under the public utilities law of this state; provided, nothing herein shall prohibit the transfer of any such property by a public utility to a cooperative electrical corporation organized under the laws of another state, which has among its members mutual nonprofit or cooperative electrical corporations organized under the laws of the state of Idaho and doing business in this state, if such public utility has obtained authorization from the public utilities commission of the state of Idaho pursuant to section 61-328, Idaho Code.

History:

[61-327, added 1951, ch. 3, sec. 1, p. 4; am. 1982, ch. 7, sec. 1, p. 10.]
Idaho Code § 61-624 — Idaho Code / Title 61 / Chapter 6 / Section 61-624
61-624 RESCISSION OR CHANGE OF ORDERS.
Status: in_force

61-624. Rescission or change of orders. The commission may at any time, upon notice to the public utility affected, and after opportunity to be heard as provided in the case of complaints, rescind, alter or amend any order or decision made by it. Any order rescinding, altering or amending a prior order or decision shall, when served upon the public utility affected, have the same effect as is herein provided for original orders or decisions.

History:

[(61-624) 1913, ch. 61, sec. 60, p. 248; reen. C.L. 106:133; C.S., sec. 2501; I.C.A., sec. 59-624.]
Idaho Code § 61-1207 — Idaho Code / Title 61 / Chapter 12 / Section 61-1207
61-1207 LEGISLATIVE INTENT.
Status: in_force

61-1207. Legislative intent. The legislature may, by concurrent resolution, direct to the Idaho council members a statement reflecting legislative intent and concern relative to any actions or activities undertaken or sought to be undertaken by the council.

History:

[61-1207, added 1981, ch. 351, sec. 1, p. 726.]
Idaho Code § 61-905 — Idaho Code / Title 61 / Chapter 9 / Section 61-905
61-905 FEES TO BE PAID.
Status: in_force

61-905. Fees to be paid. Prior to the issuance of an order and security authorization under this act, the commission shall require the payment of a fee by the applicant in the amount of one dollar ($1.00) for each one thousand dollars ($1,000) of the aggregate principal amount or par or stated value of the security or securities involved up to one hundred thousand dollars ($100,000), and twenty-five cents (25¢) for each one thousand dollars ($1,000) over one hundred thousand dollars ($100,000) and up to one million dollars ($1,000,000), and ten cents (10¢) for each one thousand dollars ($1,000) over one million dollars ($1,000,000), provided, that only twenty-five per cent (25%) of the amount of the fee determined as hereinabove specified shall be payable on such portion of any issue of securities as may be for the purpose of guaranteeing, taking over, refunding, discharging, replacing or retiring any security on which a fee was previously paid to the commission under this act; and provided further, that if the property of the public utility proposing to issue such securities shall be located in part in the state of Idaho and in part in some other state or states, only such percentage of the amount of the fee determined as hereinabove specified shall be payable as the percentage ratio of the book value of such property located in the state of Idaho shall bear to the total book value of the property of such public utility, said book values to be determined as of the close of the preceding calendar year. Provided, however, that in no event shall the fee be less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) per application.

History:

[61-905, added 1951, ch. 143, sec. 1, p. 333; am. 1974, ch. 88, sec. 1, p. 1184.]
Idaho Code § 61-527 — Idaho Code / Title 61 / Chapter 5 / Section 61-527
61-527 CERTIFICATE OF CONVENIENCE AND NECESSITY — EXERCISE OF RIGHT OR FRANCHISE.
Status: in_force

61-527. Certificate of convenience and necessity — Exercise of right or franchise. No public utility of a class specified in the foregoing section shall henceforth exercise any right or privilege, or obtain a franchise, or permit, to exercise such right or privilege, from a municipality or county, without having first obtained from the commission a certificate that the public convenience and necessity require the exercise of such right and privilege: provided, that when the commission shall find, after hearing, that the public utility has heretofore begun actual construction work, and is prosecuting such work in good faith, uninterruptedly, and with reasonable diligence in proportion to the magnitude of the undertaking, under any franchise or permit heretofore granted, but not heretofore actually exercised, such public utility may proceed to the completion of such work and may after such completion exercise such right and privilege: provided further, that this section shall not be construed to validate any right or privilege now invalid or hereafter becoming invalid under any law of this state, nor impair any vested right in any franchise or permit heretofore granted.

History:

[(61-527) 1913, ch. 61, sec. 48b, p. 248; substantially reen. 1915, ch. 62, sec. 2, subd. 48b, p. 156; reen. C.L. 106:107; C.S., sec. 2475; I.C.A., sec. 59-527.]
Idaho Code § 61-121 — Idaho Code / Title 61 / Chapter 1 / Section 61-121
61-121 TELEPHONE CORPORATION — TELECOMMUNICATION SERVICES.
Status: in_force

61-121. Telephone corporation — Telecommunication services. (1) The term "telephone corporation" when used in title 61, Idaho Code, means every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, providing telecommunication services for compensation within this state. Except as otherwise provided by statute, telephone corporations providing radio paging, mobile radio telecommunication services, answering services (including computerized or otherwise automated answering or voice message services), or one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service or surveying are exempt from any requirement of title 61, or chapter 6, title 62, Idaho Code, in the provision of such services.

(2) "Telecommunication service" means the transmission of two-way interactive switched signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means (which includes message telecommunication service and access service), which originate and terminate in this state, and are offered to or for the public, or some portion thereof, for compensation. Except as otherwise provided by statute, "telecommunication service" does not include the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service, surveying, or the provision of radio paging, mobile radio telecommunication services, answering services (including computerized or otherwise automated answering or voice message services), and such services shall not be subject to the provisions of title 61, Idaho Code, or title 62, Idaho Code.

History:

[(61-121) 1913, ch. 61, sec. 2t, p. 248; am. 1915, ch. 62, sec. 1t, p. 154; am. 1917, ch. 128, subd. t, p. 430; reen. C.L. 106:21; C.S., sec. 2388; I.C.A., sec. 59-121; am. 1983, ch. 172, sec. 2, p. 479; am. 1988, ch. 195, sec. 2, p. 368; am. 1999, ch. 114, sec. 1, p. 341.]
Idaho Code § 61-801 — Idaho Code / Title 61 / Chapter 8 / Section 61-801
61-801 LEGISLATIVE FINDINGS AND PURPOSES.
Status: in_force

61-801. Legislative findings and purposes. The legislature of the state of Idaho finds that the efficient and safe distribution of electricity is critical to the well-being of the citizens and the economy of the state, including the business of agriculture, and that this enactment is necessary for the protection of the public welfare and benefit. The legislature also finds that the potential impact of stray current or voltage on dairy cows is a matter of interest and concern to dairy producers with dairies situated near and served by a multi-grounded wye electrical distribution system, which is the type of distribution system used by utilities in this state. Scientific research has established a level of stray current or voltage, at or below which no effect on a dairy cow's behavior, health or milk production has been shown. To provide for the continued, safe and efficient availability of electricity while addressing complaints regarding stray current or voltage, it is necessary and appropriate to: establish a uniform preventive action level; establish uniform procedures and protocols for measurements of stray current or voltage; require, when necessary, that the sources of stray current or voltage be identified; require, when necessary, adequate remediation; and establish procedures for handling complaints.

History:

[61-801, added 2005, ch. 189, sec. 1, p. 578.]
Idaho Code § 61-601 — Idaho Code / Title 61 / Chapter 6 / Section 61-601
61-601 PRACTICE — EVIDENCE.
Status: in_force

61-601. Practice — Evidence. All hearings and investigations before the commission or any commissioner shall be governed by this act and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission nor any commissioner shall be bound by the technical rules of evidence.

History:

[(61-601) 1913, ch. 61, sec. 49, p. 248; reen. C.L. 106:110; C.S., sec. 2478; I.C.A., sec. 59-601.]
Idaho Code § 61-807 — Idaho Code / Title 61 / Chapter 8 / Section 61-807
61-807 CIVIL ACTIONS.
Status: in_force

61-807. Civil actions. No civil action may be commenced by a dairy producer against a utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of section 61-804, Idaho Code, and the commission has issued an order pursuant to section 61-805, Idaho Code. In any civil action against a utility for damages or other relief, after the dairy producer has complied with the provisions of section 61-804, Idaho Code, and the commission has issued an order pursuant to section 61-805, Idaho Code, the commission's order shall be admissible in evidence in such civil action.

History:

[61-807, added 2005, ch. 189, sec. 1, p. 581.]
Idaho Code § 61-531 — Idaho Code / Title 61 / Chapter 5 / Section 61-531
61-531 PLAN FOR CURTAILMENT OF ELECTRIC OR GAS CONSUMPTION.
Status: in_force

61-531. Plan for curtailment of electric or gas consumption. The Idaho public utilities commission shall forthwith direct and require all suppliers of electric power and energy, or natural or manufactured gas, including those otherwise excepted under section 61-104, Idaho Code, except agencies of the federal government, to file with the commission, within a designated time period, a plan for the curtailment of electric or gas consumption during an emergency.

History:

[61,531, added 1975, ch. 238, sec. 2, p. 646.]
Idaho Code § 61-532 — Idaho Code / Title 61 / Chapter 5 / Section 61-532
61-532 ADOPTION OR REJECTION OF PLANS — PROCEDURE.
Status: in_force

61-532. Adoption or rejection of plans — Procedure. The commission, after notice and hearing pursuant to its rules of practice and procedure, shall consider and act upon the plan or plans submitted and may adopt or reject such plan or plans, or adopt other plan or plans, for such curtailment. In acting upon such plan or plans the commission shall consider the following factors:

(a) The consistency of the plan with the public health, safety and welfare;

(b) The technical feasibility of implementation of the plan; and

(c) The effectiveness with which the plan minimizes the impact of any curtailment.

History:

[61-532, added 1975, ch. 238, sec. 3, p. 646.]
Idaho Code § 61-621 — Idaho Code / Title 61 / Chapter 6 / Section 61-621
61-621 COMPLAINT BY UTILITY.
Status: in_force

61-621. Complaint by utility. Any public utility shall have a right to complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases, except that the complaint may be heard ex parte by the commission or may be served upon any parties designated by the commission.

History:

[(61-621) 1913, ch. 61, sec. 58, p. 248; reen. C.L. 106:130; C.S., sec. 2498; I.C.A., sec. 59-621.]
Idaho Code § 61-333 — Idaho Code / Title 61 / Chapter 3 / Section 61-333
61-333 AUTHORIZING CONTRACTS AMONG ELECTRIC SUPPLIERS TO RESOLVE TERRITORIES, CONSUMERS AND TO TRANSFER FACILITIES.
Status: in_force

61-333. Authorizing contracts among electric suppliers to resolve territories, consumers and to transfer facilities. (1) Any electric supplier may contract in writing with any other electric supplier for the purpose of allocating territories, consumers, and future consumers between the electric suppliers and designating which territories and consumers are to be served by which contracting electric supplier. The territories and consumers so allocated and designated may include all or any portion of the territories and consumers which are being served by any or all of the contracting electric suppliers at the time the contract is entered into, or which could be economically served by the then existing facilities of any contracting electric supplier, or by reasonable and economic extensions thereto. All such contracts shall be filed with the commission. The commission shall, after notice and opportunity for hearing, review and approve or reject contracts between cooperatives, between cooperatives and public utilities and between public utilities. The commission shall, after notice and opportunity for hearing, review and approve or reject contracts between municipalities and cooperatives, as well as between municipalities and public utilities, provided however, the commission shall have jurisdiction only over cooperatives and public utilities in such approvals. The commission shall approve such contracts only upon finding that the allocation of territories or consumers is in conformance with the provisions and purposes of this act.

(2) Any electric supplier may also contract in writing with any other electric supplier for the sale, exchange, transfer, or lease of equipment or facilities located within territory which is the subject of any allocation contracted for under subsection (1) of this section and any contract validly entered into and approved by the commission after notice and opportunity for hearing shall be binding and shall be legally enforceable pursuant to this act, or by any other remedy provided by law.

History:

[61-333, added 1970, ch. 141, sec. 7, p. 417; am. 2000, (1st Ex. Sess.), ch. 1, sec. 7, p. 7; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 18, pp. 9 and 11; am. 2001, ch. 29, sec. 8, p. 39.]
Idaho Code § 61-615 — Idaho Code / Title 61 / Chapter 6 / Section 61-615
61-615 COMPLAINT AGAINST UTILITY — SERVICE OF COPY OF COMPLAINT.
Status: in_force

61-615. Complaint against utility — Service of copy of complaint. Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the corporation, or person complained of. Service in all hearings, investigation and proceedings pending before the commission may be made upon any person upon whom a summons may be served in accordance with the provisions of the Code of Civil Procedure of this state, and may be made personally or by mailing in a sealed envelope, registered, with postage prepaid.

History:

[(61-615) 1913, ch. 61, part of sec. 56, p. 248; compiled and reen. C.L. 106:124; C.S., sec. 2492; I.C.A., sec. 59-615.]
Idaho Code § 61-712A — Idaho Code / Title 61 / Chapter 7 / Section 61-712A
61-712A CIVIL PENALTY FOR VIOLATION.
Status: in_force

61-712A. Civil penalty for violation. Any person who violates or fails to comply with or who procures, aids, or abets any violation of title 61, Idaho Code, governing safety of pipeline facilities and the transportation of gas or any order, decision, rule, or regulation duly issued by the Idaho public utilities commission governing the safety of pipeline facilities and the transportation of gas shall be subject to a civil penalty pursuant to 49 CFR 190.223 at the time the violation occurred.

History:

[61-712A, added 1970, ch. 7, sec. 1, p. 11; am. 2025, ch. 144, sec. 1, p. 726.]
Idaho Code § 61-110 — Idaho Code / Title 61 / Chapter 1 / Section 61-110
61-110 RAILROAD.
Status: in_force

61-110. Railroad. The term "railroad" when used in this act includes every commercial, interurban and other railway other than a street railroad, and each and every branch or extension thereof, by whatsoever power operated, together with all tracks, bridges, trestles, rights of way, subways, stations, tunnels, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment, and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property.

History:

[(61-110) 1913, ch. 61, sec. 2i, p. 248; reen. 1915, ch. 62, sec. 1i, p. 152; reen. 1917, ch. 128, sec. 1, subd. i, p. 430; reen. C.L. 106:10; C.S., sec. 2377; I.C.A., sec. 59-110.]
Idaho Code § 61-635 — Idaho Code / Title 61 / Chapter 6 / Section 61-635
61-635 STAY OF ORDER ON APPEAL.
Status: in_force

61-635. Stay of order on appeal. The pendency of an appeal shall not of itself stay or suspend the operation of the order of the commission, but during the pendency of such appeal, the Supreme Court may stay or suspend, in whole or in part, the operation of the commission's order.

History:

[(61-635) 1913, ch. 61, sec. 64a, p. 248; reen. C.L. 106:141; C.S., sec. 2509; am. 1921, ch. 72, sec. 7, p. 141; I.C.A., sec. 59-635.]
Idaho Code § 61-104 — Idaho Code / Title 61 / Chapter 1 / Section 61-104
61-104 CORPORATION.
Status: in_force

61-104. Corporation. The term "corporation" when used in this act includes a corporation, a company, an association and a joint stock association, but does not include a municipal corporation, or mutual nonprofit or cooperative gas, electrical, water or telephone corporation or any other public utility organized and operated for service at cost and not for profit, whether inside or outside the limits of incorporated cities, towns or villages.

History:

[(61-104) 1913, ch. 61, sec. 2c, p. 248; am. 1915, ch. 62, sec. 1c, p. 151; am. 1917, ch. 128, sec. 1, subd. c, p. 430; reen. C.L. 106:4; C.S., sec. 2371; I.C.A., sec. 59-104.]
Idaho Code § 61-317 — Idaho Code / Title 61 / Chapter 3 / Section 61-317
61-317 SLIDING SCALE OF CHARGES — AUTOMATIC ADJUSTMENT.
Status: in_force

61-317. Sliding scale of charges — Automatic adjustment. Nothing in this act shall be taken to prohibit a corporation or person engaged in the production, generation, transmission or furnishing of heat, light, water or power, or telephone service, from establishing a sliding scale of charges: provided, that a schedule showing such scale of charges shall first have been filed with the commission and such schedule and each rate set out therein approved by it. Nothing in this act shall be taken to prohibit any such corporation or person from entering into an arrangement for a fixed period for the automatic adjustment of charges for heat, light, water or power or telephone service, in relation to the dividends to be paid to stockholders of such corporation, or the profit to be realized by such person: provided, that a schedule showing the scale of charges under such arrangements shall first have been filed with the commission and such schedule and each rate set out therein approved by it. Nothing in this section shall prevent the commission from revoking its approval at any time and fixing other rates and charges for the product or commodity or service, as authorized by this act.

History:

[61-317, added 1913, ch. 61, sec. 20, p. 248; reen. C.L. 106:62; C.S., sec. 2429; I.C.A., sec. 59-317; am. 1984, ch. 106, sec. 3, p. 248.]
Idaho Code § 61-536 — Idaho Code / Title 61 / Chapter 5 / Section 61-536
61-536 LIABILITY OF SUPPLIERS.
Status: in_force

61-536. Liability of suppliers. No supplier of electric power or gas shall be liable for (a) actions taken pursuant to an order of the commission, or by reason of curtailment of such electric or gas service pursuant to such order or its curtailment plan on file with and approved by the commission; or (b) inability of a supplier to furnish adequate or sufficient supplies of electric power or gas or refusal to supply electric power or gas when such inability or refusal is due to inadequate or insufficient supplies on the supplier's system occurring as a result of the supplier's being unable to obtain from the commission an order which allows adequate time to construct necessary generating and transmission facilities.

History:

[61-536, added 1975, ch. 238, sec. 7, p. 646; am. 1976, ch. 219, sec. 1, p. 792.]
Idaho Code § 61-634 — Idaho Code / Title 61 / Chapter 6 / Section 61-634
61-634 STAY OF ORDER — BOND.
Status: in_force

61-634. Stay of order — Bond. In case the order or decision of the commission is stayed or suspended, the order shall not become effective until a suspending bond has been executed and filed with and approved by the commission, or by the court of review, conditioned in manner and form as the suspending bond specified in section 61-637, and the court shall direct that all moneys involved in said proceeding shall be paid into court under the terms and conditions and subject to the disposition thereof, provided in sections 61-637 and 61-638.

History:

[(61-634) 1913, ch. 61, sec. 63e, p. 248; compiled and reen. C.L. 106:140; C.S., sec. 2508; I.C.A., sec. 59-634.]
Idaho Code § 61-507 — Idaho Code / Title 61 / Chapter 5 / Section 61-507
61-507 DETERMINATION OF RULES AND REGULATIONS.
Status: in_force

61-507. Determination of rules and regulations. The commission shall prescribe rules and regulations for the performance of any service or the furnishings of any commodity of the character furnished or supplied by any public utility, and, on proper demand and tender of rates, such public utility shall furnish such commodity or render such service within the time and upon the conditions provided in such rules.

History:

[(61-607) 1913, ch. 61, sec. 33, p. 248; reen. C.L. 106:87; C.S., sec. 2455; I.C.A., sec. 59-507.]
Idaho Code § 61-712 — Idaho Code / Title 61 / Chapter 7 / Section 61-712
61-712 ACTION TO RECOVER PENALTIES — DISPOSITION OF FINES.
Status: in_force

61-712. Action to recover penalties — Disposition of fines. Actions to recover penalties under this act shall be brought in the name of the state of Idaho, in the district court in and for the county in which the cause of action or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides. Such action shall be commenced and prosecuted to final judgment by the attorney of the commission. In any such action, all penalties incurred up to the time of commencing the same may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise herein provided. All fines and penalties recovered by the state in any such action, together with the costs thereof, shall be paid into the state treasury to the credit of the general fund. Any such action may be compromised or discontinued on application of the commission upon such terms as the court shall approve and order.

History:

[(61-712) 1913, ch. 61, sec. 76, p. 248; reen. C.L. 106:160; C.S., sec. 2528; I.C.A., sec. 59-712.]
Idaho Code § 61-613 — Idaho Code / Title 61 / Chapter 6 / Section 61-613
61-613 COMPLAINT AGAINST UTILITY — JOINDER.
Status: in_force

61-613. Complaint against utility — Joinder. All matters upon which complaint may be founded may be joined in one (1) hearing, no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties; and in any review by the courts of orders or decisions of the commission the same rule shall apply with regard to the joinder of causes and parties as herein provided.

History:

[(61-613) 1913, ch. 61, part of sec. 56, p. 248; reen. C.L. 106:122; C.S., sec. 2490; I.C.A., sec. 59-613.]
Idaho Code § 61-631 — Idaho Code / Title 61 / Chapter 6 / Section 61-631
61-631 COSTS ON APPEAL — ENFORCEMENT.
Status: in_force

61-631. Costs on appeal — Enforcement. Whenever costs are awarded to a party by the supreme court, the party claiming such costs shall file a memorandum of costs in such manner as the supreme court shall direct by its rules. Costs taxed in the supreme court shall be added to any order required by the remittitur. The payment of costs on appeal shall be enforced by the public utilities commission.

History:

[(61-631) 1921, ch. 72, sec. 5, p. 141; I.C.A., sec. 59-631; am. 1989, ch. 37, sec. 1, p. 48.]
Idaho Code § 61-1007 — Idaho Code / Title 61 / Chapter 10 / Section 61-1007
61-1007 OBJECTIONS TO FEES ASSESSED — PROCEDURE.
Status: in_force

61-1007. Objections to fees assessed — Procedure. If any public utility or railroad corporation subject to the provisions of this act claims the assessment made against it is erroneous, excessive, unlawful or invalid, it shall on or before the time specified for payment of the first installment of the assessment made against it, file with the commission its written objections to such assessment, setting out specifically the grounds upon which it claims said assessment to be erroneous, excessive, unlawful or invalid. The commission, upon receipt of any such objection, and after ten (10) days' notice in writing to the objector, shall proceed to hold a hearing upon such objections within twenty (20) days after the date of such notice. Within twenty (20) days after such hearing, the commission shall make and enter its findings in its minutes and issue its order in accordance with said findings and forthwith transmit the same to the objector by registered mail. The commission shall refund any overpayment of any fees prescribed by this act and all claims for such refunds against the "Public Utilities Commission Fund" created by this act, shall be examined by the commission and certified by the president of the commission to the state controller, who shall, upon the approval of the board of examiners, draw his warrant against said "Public Utilities Commission Fund" for all such claims for refunds so allowed and approved.

History:

[61-1007, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 7, p. 179; am. 1994, ch. 180, sec. 148, p. 516.]
Idaho Code § 61-1611 — Idaho Code / Title 61 / Chapter 16 / Section 61-1611
61-1611 SEVERABILITY.
Status: in_force

61-1611. Severability. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

History:

[61-1611, added 2005, ch. 372, sec. 1, p. 1194.]
Idaho Code § 61-117 — Idaho Code / Title 61 / Chapter 1 / Section 61-117
61-117 GAS CORPORATION.
Status: in_force

61-117. Gas corporation. The term "gas 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 gas plant for compensation, within this state, except where gas is made or produced on and distributed by the maker or producer through private property alone solely for his own use or the use of his tenants and not for sale to others.

History:

[(61-117) 1913, ch. 61, sec. 2p, p. 248; reen. 1915, ch. 62, sec. 1p, p. 153; reen. 1917, ch. 128, subd. p, p. 430; reen. C.L. 106:17; C.S., sec. 2384; I.C.A., sec. 59-117.]
Idaho Code § 61-515 — Idaho Code / Title 61 / Chapter 5 / Section 61-515
61-515 SAFETY REGULATIONS.
Status: in_force

61-515. Safety regulations. The commission shall have the power, after a hearing had upon its own motion or upon complaint, by general or special orders, or regulations, or otherwise, to require every public utility to maintain and operate its line, plant, system, equipment, apparatus and premises in such manner as to promote and safeguard the health and safety of its employees, customers and the public, and to this end to prescribe the installation, use, maintenance and operation of appropriate safety or other devices or appliances, to establish uniform or other standards of equipment, and to require the performance of any other act which the health or safety of its employees, customers or the public may demand.

History:

[(61-515) 1913, ch. 61, sec. 40, p. 248; reen. C.L. 106:95; C.S., sec. 2463; I.C.A., sec. 59-515; am. 1979, ch. 218, sec. 1, p. 603.]
Idaho Code § 61-710 — Idaho Code / Title 61 / Chapter 7 / Section 61-710
61-710 PENALTY FOR VIOLATIONS BY CORPORATION OTHER THAN A PUBLIC UTILITY.
Status: in_force

61-710. Penalty for violations by corporation other than a public utility. Every corporation, other than a public utility, which violates any of the provisions of this act, or which fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement or any part or provision thereof, of the commission under the provisions of this chapter, in a case in which a penalty has not hereinbefore been provided for, such corporation is subject to a penalty of not more than $2000 for each and every offense.

History:

[(61-710) 1913, ch. 61, sec. 74, p. 248; reen. C.L. 106:158; C.S., sec. 2526; I.C.A., sec. 59-710.]
Idaho Code § 61-904 — Idaho Code / Title 61 / Chapter 9 / Section 61-904
61-904 PETITIONS — PROMPT DISPOSITION — CONTINUANCES.
Status: in_force

61-904. Petitions — Prompt disposition — Continuances. All applications for the issuance, assumption or guarantee of securities shall be disposed of promptly, and within thirty (30) days after petition is filed with the commission unless it is necessary, for good cause, to continue same for a longer period. Whenever such application is continued beyond thirty (30) days after the time it is filed, the commission shall enter an order making such continuance and stating fully the facts necessitating same.

History:

[61-904, added 1951, ch. 143, sec. 1, p. 333.]
Idaho Code § 61-1605 — Idaho Code / Title 61 / Chapter 16 / Section 61-1605
61-1605 COST REDUCTION RATE.
Status: in_force

61-1605. Cost reduction rate. (1) Each cost reduction order shall specify a procedure for making adjustments to the cost reduction rate that is the subject of the order.

(2) Upon application by a public utility the commission may:

(a) Authorize the making of adjustments to the cost reduction rate at more frequent intervals than those specified in such order; and/or

(b) Authorize a change in the method for calculating the cost reduction rate from that specified in such order so as to better ensure the timely and complete recovery of all approved costs.

(3) The cost reduction rate shall be treated as a charge for utility services for purposes of determining both the credit and collection standards and the remedies for nonpayment that are available to a public utility.

(4) A cost reduction rate shall constitute cost reduction property when, and to the extent that, a cost reduction order authorizing such cost reduction rate has become effective in accordance with this chapter, and the cost reduction 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 cost reduction order, but in any event until the approved costs are paid in full.

(5) Any surplus cost reduction rate collections in excess of the amounts necessary to pay approved costs shall be used in such manner as the commission may reasonably determine.

(6) The obligation to pay amounts in respect of a cost reduction rate cannot be avoided by the formation of a local publicly owned utility or other entity, or by annexation of any portion of the service territory of the public utility by a local publicly owned electric utility or other entity.

History:

[61-1605, added 2005, ch. 372, sec. 1, p. 1189.]
Idaho Code § 61-503 — Idaho Code / Title 61 / Chapter 5 / Section 61-503
61-503 POWER TO INVESTIGATE AND FIX RATES AND REGULATIONS.
Status: in_force

61-503. Power to investigate and fix rates and regulations. The commission shall have power, upon a hearing, had upon its own motion or upon complaint, to investigate a single rate, rental, charge, classification, rule, regulation, contract or practice, or any number thereof, or the entire schedule or schedules of rates, rentals, charges, classifications, rules, regulations, contracts or practices, or any thereof, of any public utility and to establish new rates, rentals, charges, classifications, rules, regulations, contracts or practices or schedule or schedules in lieu thereof.

History:

[(61-503) 1913, ch. 61, sec. 30(b), p. 248; reen. C.L. 106:84; C.S., sec. 2452; I.C.A., sec. 59-503; am. 2025, ch. 20, sec. 23, p. 59.]
Idaho Code § 61-605 — Idaho Code / Title 61 / Chapter 6 / Section 61-605
61-605 DEPOSITIONS.
Status: in_force

61-605. Depositions. The commission or any commissioner or any party may in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the district courts of this state and to that end may compel the attendance of witnesses and the production of books, waybills, documents, papers and accounts.

History:

[(61-605) 1913, ch. 61, sec. 51c, p. 248; reen. C.L. 106:114; C.S., sec. 2482; I.C.A., sec. 59-605.]
Idaho Code § 61-301 — Idaho Code / Title 61 / Chapter 3 / Section 61-301
61-301 CHARGES JUST AND REASONABLE.
Status: in_force

61-301. Charges just and reasonable. All charges made, demanded or received by any public utility, or by any two (2) or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge made, demanded or received for such product or commodity or service is hereby prohibited and declared unlawful.

History:

[(61-301) 1913, ch. 61, sec. 12a, p. 248; reen. C.L. 106:44; C.S., sec. 2411; I.C.A., sec. 59-301.]
Idaho Code § 61-203 — Idaho Code / Title 61 / Chapter 2 / Section 61-203
61-203 PRESIDENT.
Status: in_force

61-203. President. On the first Monday of April, 1981, and every two (2) years thereafter, the commissioners shall elect one (1) of their members to be president. Should the president be unable to fulfill his term because of death, resignation, absence, disability, removal from office or refusal to act, the commission shall elect one (1) of their members to be president for the remainder of the unexpired term.

History:

[(61-203) 1913, ch. 61, sec. 3a, last part, p. 248; compiled and reen. C.L. 106:32; C.S., sec. 2399; I.C.A., sec. 59-203; am. 1981, ch. 11, sec. 1, p. 20.]
Idaho Code § 61-638 — Idaho Code / Title 61 / Chapter 6 / Section 61-638
61-638 STAY OF ORDER ON APPEAL — ACCOUNTS PENDING FINAL DECISION.
Status: in_force

61-638. Stay of order on appeal — Accounts pending final decision. In case the court stays or suspends any order or decision lowering any rate, rental, charge, or classification, the commission, upon the execution and approval of said suspending bond, shall forthwith require the public utility affected under the penalty of the immediate enforcement of the order or decision of the commission (pending the review and notwithstanding the suspending order) to keep such accounts verified by oath, as may in the judgment of the commission suffice to show the amounts being charged or received by such public utility, pending the review, in excess of the charges allowed by the order or decision of the commission, together with the names and addresses of the corporations or persons to whom overcharges will be refundable in case the charges made by the public utility, pending the review, be not sustained by the court. The court may, from time to time, require said party petitioning for a review to give additional security on or to increase the said suspending bond whenever in the opinion of the court the same may be necessary to ensure the prompt payment of said damages and said overcharges. Upon the final decision by the court, all moneys that the public utility may have collected, pending the appeal in excess of those authorized by such final decision, together with interest in case the court ordered the deposit of such moneys in a bank or trust company, shall be promptly paid to the corporations or persons entitled thereto, in such manner and through such methods of distribution as may be prescribed by the commission. If any such moneys shall not have been claimed by the corporations or persons entitled thereto within one (1) year from the final decision of the court, the commission shall cause notice to such corporation or person to be given by publication, once a week for two (2) successive weeks, in a newspaper of general circulation, printed and published in the city of Boise, and such other newspaper or newspapers as may be designated by the commission, said notice to state the names of the corporations or persons entitled to such moneys and the amount due each corporation or person. All moneys not claimed within three (3) months after the publication of said notice shall be paid by the public utility under the direction of the commission into the state treasury for the benefit of the general fund.

History:

[(61-638) 1913, ch. 61, sec. 64d, p. 248; compiled and reen. C.L. 106:144; C.S., sec. 2512; I.C.A., sec. 59-638; am. 2025, ch. 20, sec. 29, p. 61.]
Idaho Code § 61-308 — Idaho Code / Title 61 / Chapter 3 / Section 61-308
61-308 SCHEDULES — JOINT RATES.
Status: in_force

61-308. Schedules — Joint rates. The names of the several public utilities that are parties to any joint tariff, rate, contract, classification or charge shall be specified in the schedule or schedules showing the same. Unless otherwise ordered by the commission, a schedule showing such joint tariff, rate, contract, classification or charge need be filed with the commission by only one (1) of the parties to it: provided, that there is also filed with the commission in such form as the commission may require a concurrence in such joint tariff rate, contract, classification or charge by each of the other parties thereto.

History:

[(61-308) 1913, ch. 61, sec. 15, p. 248; compiled and reen. C.L. 106:51; C.S., sec. 2418; I.C.A., sec. 59-308; am. 2025, ch. 20, sec. 11, p. 57.]
Idaho Code § 61-617A — Idaho Code / Title 61 / Chapter 6 / Section 61-617A
61-617A AWARD OF COSTS OF INTERVENTION.
Status: in_force

61-617A. Award of costs of intervention. (1) It is hereby declared the policy of this state to encourage participation at all stages of all proceedings before the commission so that all affected customers receive full and fair representation in those proceedings.

(2) The commission may order any regulated electric, gas, water or telephone utility with gross Idaho intrastate annual revenues exceeding three million five hundred thousand dollars ($3,500,000) to pay all or a portion of the costs of one (1) or more parties for legal fees, witness fees, and reproduction costs, not to exceed a total for all intervening parties combined of forty thousand dollars ($40,000) in any proceeding before the commission. The determination of the commission with regard to the payment of these expenses shall be based on the following considerations:

(a) A finding that the participation of the intervenor has materially contributed to the decision rendered by the commission; and

(b) A finding that the costs of intervention are reasonable in amount and would be a significant financial hardship for the intervenor; and

(c) The recommendation made by the intervenor differed materially from the testimony and exhibits of the commission staff; and

(d) The testimony and participation of the intervenor addressed issues of concern to the general body of users or consumers.

(3) Expenses awarded to qualifying intervenors shall be an allowable business expense in the pending rate case or, if the proceeding is not a rate case, in the utility's next rate case. Expenses awarded shall be chargeable to the class of customers represented by the qualifying intervenors.

(4) The commission may adopt rules for the implementation of this statute.

(5) The payment of expenses of intervenors who are in direct competition with a public utility involved in proceedings before the commission is prohibited.

History:

[61-617A, added 1985, ch. 126, sec. 1, p. 309; am. 1993, ch. 234, sec. 1, p. 816; am. 2003, ch. 41, sec. 1, p. 162.]
Idaho Code § 61-703 — Idaho Code / Title 61 / Chapter 7 / Section 61-703
61-703 REMEDIES HEREUNDER NOT EXCLUSIVE.
Status: in_force

61-703. Remedies hereunder not exclusive. This act shall not have the effect to release or waive any right of action by the state, the commission or any corporation or any person for any right, penalty or forfeiture which may have arisen or accrued or may hereafter arise or accrue under any law of this state.

History:

[(61-703) 1913, ch. 61, sec. 70a, p. 248; reen. C.L. 106:151; C.S., sec. 2519; I.C.A., sec. 59-703.]
Idaho Code § 61-609 — Idaho Code / Title 61 / Chapter 6 / Section 61-609
61-609 FEES.
Status: in_force

61-609. Fees. The commission shall charge and collect reasonable fees for copies of papers and records as established by rule or general order of the commission.

No fees shall be charged or collected for copies of papers, records or official documents, furnished to the public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distribution, but the commission may fix reasonable charges for publications issued under its authority.

All fees charged or collected under this section shall be paid at least once each week, accompanied by a detailed statement thereof, into the treasury of the state of Idaho to the public utilities commission account.

History:

[(61-609) 1913, ch. 61, sec. 53, p. 248; reen. C.L. 106:118; C.S., sec. 2486; I.C.A., sec. 59-609; am. 1967, ch. 3, sec. 1, p. 6; am. 1984, ch. 109, sec. 1, p. 252.]
Idaho Code § 61-201 — Idaho Code / Title 61 / Chapter 2 / Section 61-201
61-201 CREATION — APPOINTMENT AND TERM OF OFFICE OF MEMBERS OF THE IDAHO PUBLIC UTILITIES COMMISSION — FILLING OF VACANCIES.
Status: in_force

61-201. Creation — Appointment and term of office of members of the Idaho public utilities commission — Filling of vacancies. There is hereby created a state commission to be known and designated as the Idaho public utilities commission. The commission shall be comprised of three (3) members appointed by the governor, with the approval of the senate. Not more than two (2) members of said commission shall belong to the same political party. On the second Monday in January of each second year after 1963, the governor shall appoint one (1) commissioner for a six (6) year term. Whenever a vacancy in the office of commissioner shall occur, the governor shall forthwith appoint a qualified person to fill the same for the unexpired term. If any appointment is made during the recess of the legislature, it shall be subject to confirmation by the senate during its next ensuing session.

History:

[(61-201) 1913, ch. 61, parts of sec.sec. 3a, 3b, p. 248; compiled and reen. C.L. 106:30; C.S., sec. 2397; I.C.A., sec. 59-201; am. 1951, ch. 100, sec. 2, p. 225; am. 1959, ch. 192, sec. 1, p. 423; am. 2025, ch. 20, sec. 6, p. 55.]
Idaho Code § 61-402 — Idaho Code / Title 61 / Chapter 4 / Section 61-402
61-402 INVENTORY OF PHYSICAL PROPERTIES.
Status: in_force

61-402. Inventory of physical properties. (1) Every public utility, except railroad corporations, shall file with the commission an inventory of all its physical properties within the state, designating the exact location of its property within the several counties of the state; such inventory shall show in detail the cost of construction together with the depreciation charges incident thereto since construction, or may show the cost of replacement of such properties, if in the opinion of the commission the original cost and depreciation charges cannot be obtained; provided, that in the event any public utility refuses or neglects to file such inventory, or the inventory so filed is inaccurate, the commission may send its agents upon the ground and make an inventory as desired by the commission. The entire cost of making such inventory by the agents of the commission shall be paid by the public utility from its profit and loss account and shall not be charged to operating expenses, and such payment shall be made to the treasurer of the state, who shall deposit the same to the credit of the fund provided for the engineering department of said commission.

(2) Every public utility shall file new, amended, or supplemental inventories at such times as the commission may require.

History:

[(61-402) C.L. 106:76a, added 1919, ch. 179, sec. 1, p. 556; C.S., sec. 2444; I.C.A., sec. 59-402; am. 2025, ch. 20, sec. 21, p. 58.]
Idaho Code § 61-212 — Idaho Code / Title 61 / Chapter 2 / Section 61-212
61-212 COMPENSATION OF EMPLOYEES.
Status: in_force

61-212. Compensation of employees. All officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees of the commission shall receive such compensation as may be fixed by the commission. The salary or compensation of every person holding office or employment under this act shall be paid on regular pay periods from the funds appropriated for the use of the commission after being approved by the commission, upon claims therefor to be duly audited by the proper authority.

History:

[(61-212) 1913, ch. 61, sec. 10a, p. 248; am. 1915, ch. 115, sec. 1, subd. a, p. 261; reen. C.L. 106:41; C.S., sec. 2408; am. 1923, ch. 99, sec. 1, p. 123; I.C.A., sec. 59-212; am. 1945, ch. 192, sec. 1, p. 300; am. 1967, ch. 400, sec. 1, p. 1206; am. 1969, ch. 409, sec. 1, p. 1134; am. 1973, ch. 277, sec. 1, p. 589; am. 1976, ch. 350, sec. 1, p. 1159; am. 1977, ch. 178, sec. 9, p. 463; am. 1978, ch. 305, sec. 1, p. 766.]
Idaho Code § 61-524 — Idaho Code / Title 61 / Chapter 5 / Section 61-524
61-524 SYSTEM OF ACCOUNTS.
Status: in_force

61-524. System of accounts. The commission shall have power to establish a system of accounts to be kept by the public utilities subject to its jurisdiction, or to classify said public utilities and to establish a system of accounts for each class and to prescribe the manner in which such accounts shall be kept: provided, that the system of accounts to be kept by railroad corporations and common carriers shall conform to the rules and requirements of the interstate commerce commission in all respects. It may also in its discretion prescribe the forms of accounts, records and memoranda to be kept by such public utilities, including the accounts, records and memoranda of the movement of traffic as well as the receipts and expenditures of moneys, and any other forms, records and memoranda which in the judgment of the commission may be necessary to carry out any of the provisions of this act.

The systems of accounts established by the commission and the forms of accounts, records and memoranda prescribed by it shall not be inconsistent, in the case of corporations subject to the provisions of the act of congress entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereto, with the systems and forms from time to time established for such corporations by the interstate commerce commission.

Where the commission has prescribed the forms of accounts, records or memoranda to be kept by any public utility not subject to the provisions of the act of congress entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereto, for any of its business, it shall thereafter be unlawful for such public utility to keep any accounts, records or memoranda for such business other than those so prescribed, or those prescribed by or under the authority of any other state or of the United States, excepting such accounts, records or memoranda as shall be explanatory of and supplemental to the accounts, records or memoranda prescribed by the commission.

History:

[(61-524) 1913, ch. 61, sec. 46, p. 248; reen. C.L. 106:104; C.S., sec. 2472; I.C.A., sec. 59-524.]
Idaho Code § 61-519 — Idaho Code / Title 61 / Chapter 5 / Section 61-519
61-519 EXPRESS SERVICE — DELIVERY OF TELEPHONE MESSAGES.
Status: in_force

61-519. Express service — Delivery of telephone messages. The commission shall also have power to provide the time within which express packages shall be received, gathered, transported and delivered at destination and the limits within which express packages shall be gathered and distributed and telephone messages delivered without extra charge.

History:

[(61-519) 1913, ch. 61, sec. 43b, p. 248; reen. C.L. 106:99; C.S., sec. 2467; I.C.A., sec. 59-519; am. 1984, ch. 106, sec. 7, p. 249.]
Idaho Code § 61-208 — Idaho Code / Title 61 / Chapter 2 / Section 61-208
61-208 OFFICE AND MEETINGS.
Status: in_force

61-208. Office and meetings. The office of the commission shall be in Ada county. The office shall be open Monday through Friday, 8:00 a.m. to 5:00 p.m., legal holidays and nonjudicial days excepted. The commission shall hold its session at least once in each calendar month and may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties. For the purpose of holding sessions in places other than the office of the commission, the commission shall have the power to rent quarters or offices, and the expense thereof and in connection therewith shall be paid in the same manner as the other expenses authorized by this act. The sessions of the commission shall be public.

History:

[(61-208) 1913, ch. 61, sec. 8a, p. 248; reen. C.L. 106:37; C.S., sec. 2404; I.C.A., sec. 59-208; am. 2001, ch. 183, sec. 26, p. 637; am. 2025, ch. 20, sec. 7, p. 55.]
Idaho Code § 61-105 — Idaho Code / Title 61 / Chapter 1 / Section 61-105
61-105 PERSON.
Status: in_force

61-105. Person. The term "person" when used in this act includes an individual, a firm and a copartnership.

History:

[(61-105) 1913, ch. 61, sec. 2d, p. 248; reen. 1915, ch. 62, sec. 1d, p. 151; reen. 1917, ch. 128, sec. 1, subd. d, p. 430; reen. C.L. 106:5; C.S., sec. 2372; I.C.A., sec. 59-105.]
Idaho Code § 61-511 — Idaho Code / Title 61 / Chapter 5 / Section 61-511
61-511 RAILROAD SERVICE — SPURS AND SWITCH CONNECTIONS.
Status: in_force

61-511. Railroad service — Spurs and switch connections. Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that application has been made by any corporation or person to a railroad corporation for a connection or spur as provided in sections 61-324 and 61-325, and that the railroad corporation has refused to provide such connection or spur and that the applicant is entitled to have the same provided for him under said sections, the commission shall make an order requiring the providing of such connection or spur and the maintenance and use of the same upon reasonable terms which the commission shall have the power to prescribe. Whenever any such connection or spur has been so provided any corporation or persons shall be entitled to connect with the private track, tracks or railroad thereby connected with the railroad of the railroad corporation and to use the same or to use the spur so provided upon payment to the person or persons incurring the primary expense of such private track, tracks or railroad, or the connection therewith or of such spur, of a reasonable proportion of the cost thereof to be determined by the commission, after notice to the interested parties and a hearing thereon: provided, that such connection and use can be made without unreasonable interference with the rights of the party or parties incurring such primary expense.

History:

[(61-511) 1913, ch. 61, sec. 37a, p. 248; compiled and reen. C.L. 106:91; C.S., sec. 2459; I.C.A., sec. 59-511.]
Idaho Code § 61-103 — Idaho Code / Title 61 / Chapter 1 / Section 61-103
61-103 COMMISSIONER.
Status: in_force

61-103. Commissioner. The term "commissioner" when used in this act means one of the members of the commission.

History:

[(61-103) 1913, ch. 61, sec. 2b, p. 248; reen. 1915, ch. 62, sec. 1b, p. 151; reen. 1917, ch. 128, sec. 1, subd. b, p. 430; reen. C.L. 106:3; C.S., sec. 2370; I.C.A., sec. 59-103.]
Idaho Code § 61-321 — Idaho Code / Title 61 / Chapter 3 / Section 61-321
61-321 FALSE CLAIM FOR DAMAGES.
Status: in_force

61-321. False claim for damages. No person or corporation, or any officer, agent or employee of a corporation, shall knowingly, directly or indirectly, by any false statement or representation as to cost or value, or the nature or extent of an injury, or by the use of any false billing, bill of lading, receipt, voucher, roll, accounts, claim, certificate, affidavit or deposition, or upon any false, fictitious or fraudulent statement or entry, obtain or attempt to obtain any allowance, rebate, or payment for damage in connection with or growing out of the transportation of persons or property, or an agreement to transport such persons or property, whether with or without the consent or connivance of a common carrier or any of its officers, agents or employees; nor shall any common carrier, or any officer, agent or employee thereof, knowingly pay or offer to pay any such allowance, rebate or claim for damage.

History:

[(61-321) 1913, ch. 61, sec. 22b, p. 248; reen. C.L. 106:66; C.S. sec. 2433; I.C.A., sec. 59-321.]
Idaho Code § 61-617 — Idaho Code / Title 61 / Chapter 6 / Section 61-617
61-617 HEARING — PROCESS FOR ATTENDANCE OF WITNESSES.
Status: in_force

61-617. Hearing — Process for attendance of witnesses. At the time fixed for any hearing before the commission or a commissioner, or the time to which the same may have been continued, the complainant and the corporation or person complained of, and such corporations or persons as the commission may allow to intervene, shall be entitled to be heard and to introduce evidence. The commission shall issue process to enforce the attendance of all necessary witnesses.

History:

[(61-617) 1913, ch. 61, first part sec. 57a, p. 248; reen. C.L. 106:126; C.S., sec. 2494; I.C.A., sec. 59-617.]
Idaho Code § 61-406 — Idaho Code / Title 61 / Chapter 4 / Section 61-406
61-406 COMPLIANCE WITH COMMISSION'S ORDERS.
Status: in_force

61-406. Compliance with commission's orders. Every public utility shall obey and comply with each and every requirement of every order, decision, direction, rule or regulation made or prescribed by the commission in the matters herein specified, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation by all of its officers, agents and employees.

History:

[(61-406) 1913, ch. 61, sec. 28, p. 248; reen. C.L. 106:81; C.S., sec. 2449; I.C.A., sec. 59-406.]
Idaho Code § 61-1205 — Idaho Code / Title 61 / Chapter 12 / Section 61-1205
61-1205 OFFICE — TECHNICAL ASSISTANCE.
Status: in_force

61-1205. Office — Technical assistance. (1) The office of the council members shall be in Ada county. The department of administration shall furnish suitable office space for council members and staff and the department shall be reimbursed for such office space at the rates applicable to state agencies.

(2) Subject to available resources, state agencies may provide technical assistance to council members upon request. State agencies providing technical assistance shall be reimbursed in full for all costs incurred in providing such assistance.

History:

[61-1205, added 1981, ch. 351, sec. 1, p. 726; am. 2001, ch. 183, sec. 27, p. 637.]
Idaho Code § 61-1709 — Idaho Code / Title 61 / Chapter 17 / Section 61-1709
61-1709 COMMISSION PROCEDURES — ADMINISTRATIVE REMEDY — RECONSIDERATION — JUDICIAL REVIEW.
Status: in_force

61-1709. Commission procedures — Administrative remedy — Reconsideration — Judicial review. (1) All matters arising under this chapter shall be governed by the commission's rules of procedure.

(2) The commission's proceeding to review an application for a route certificate for the construction of transmission facilities in a designated national interest electric transmission corridor shall constitute a necessary administrative remedy for a person aggrieved by a local government's final land use action on a transmitting utility's application to construct transmission facilities in a designated national interest electric transmission corridor. Judicial review shall not be available from a local government's final land use decision concerning a transmitting utility's application to construct transmission facilities in a national interest electric transmission corridor. A person aggrieved by a local government's final land use action involving the construction of a proposed transmission facility route in a national interest electric transmission corridor must participate in the commission's proceeding and seek judicial review of the commission's final order.

(3) Reconsideration of, appeal from, and stay of orders issued pursuant to this chapter shall be governed by law as for orders of the commission in other matters.

History:

[61-1709, added 2007, ch. 186, sec. 1, p. 543.]
Idaho Code § 61-608 — Idaho Code / Title 61 / Chapter 6 / Section 61-608
61-608 RECORDING OF ORDERS, AUTHORIZATIONS AND CERTIFICATES.
Status: in_force

61-608. Recording of orders, authorizations and certificates. Every order, authorization or certificate issued or approved by the commission under any provision of sections 61-510 to 61-514, and 61-526 to 61-529, Idaho Code, shall be in writing and entered on the records of the commission.

Any such order, authorization or certificate, or a copy thereof, or a copy of the record of any such order, authorization or certificate, certified by a commissioner or by the secretary or assistant secretary under the official seal of the commission to be a true copy of the original order, authorization, certificate or entry, may be recorded in the office of the recorder of any county or city and county, in which is located the principal place of business of any public utility affected thereby, or in which is situated any property of any such public utility, and such record shall impart notice of its provisions to all persons. A certificate under the seal of the commission that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be recorded in the same offices in the same manner and with like effect.

History:

[(61-608) 1913, ch. 61, sec. 52b, p. 248; reen. C.L. 106:117, C.S., sec. 2485; I.C.A., sec. 59-608; am. 1979, ch. 218, sec. 3, p. 604.]
Idaho Code § 61-1005 — Idaho Code / Title 61 / Chapter 10 / Section 61-1005
61-1005 PAYMENT OF FEES — TIME AND MANNER — PROCEDURE ON NONPAYMENT.
Status: in_force

61-1005. Payment of fees — Time and manner — Procedure on nonpayment. On or before May 1 of each year, the commission shall notify each public utility and railroad corporation subject to the provisions of this act, by mail, of the amount of its fee for the ensuing fiscal year beginning July 1, computed as in this act provided. Such fee shall be paid to the commission in equal semiannual installments on or before May 15 and November 15 in each calendar year. If payment shall not be made on or before said respective dates, the installments so due shall bear interest at the rate of six percent (6%) per annum until such time as the full amount of the installment shall have been paid. Upon failure, refusal or neglect of any public utility or railroad corporation to pay such fee, the attorney general shall commence an action in the name of the state to collect the same.

History:

[61-1005, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 5, p. 179; am. 2025, ch. 20, sec. 31, p. 62.]
Idaho Code § 61-1203 — Idaho Code / Title 61 / Chapter 12 / Section 61-1203
61-1203 TERM OF OFFICE OF COUNCIL MEMBERS — FILLING OF VACANCIES.
Status: in_force

61-1203. Term of office of council members — Filling of vacancies. (1) Unless removed at the governor's pleasure, each member appointed to the council shall serve for a term of three (3) years, except that, with respect to members initially appointed, the governor shall designate one (1) member to serve a term of two (2) years and one (1) member to serve a term of three (3) years. Absent removal by the governor, terms shall commence and end on January 15.

(2) Initial appointments to the council shall be made within thirty (30) days of the effective date of this chapter. A vacancy on the council shall be filled for the unexpired term by the governor, with the advice and consent of the senate. If such appointment is made during the recess of the legislature, it shall be subject to confirmation during its next ensuing session.

(3) Each member shall serve until a successor is appointed and qualified.

History:

[61-1203, added 1981, ch. 351, sec. 1, p. 725.]
Idaho Code § 61-611 — Idaho Code / Title 61 / Chapter 6 / Section 61-611
61-611 PRODUCTION OF BOOKS WITHOUT STATE.
Status: in_force

61-611. Production of books without state. The commission may require, by order served on any public utility in the manner provided herein for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers or records kept by said public utility in any office or place without this state, or, at its option, verified copies in lieu thereof so that an examination thereof may be made by the commission or under its direction.

History:

[(61-611) 1913, ch. 61, sec. 55, p. 248; compiled and reen. C.L. 106:120; C.S., sec. 2488; I.C.A., sec. 59-611.]
Idaho Code § 61-1504 — Idaho Code / Title 61 / Chapter 15 / Section 61-1504
61-1504 PROCEDURE FOR ISSUANCE OF BONDS.
Status: in_force

61-1504. Procedure for issuance of bonds. (1) Public utilities, assignees or other issuers may issue energy cost recovery bonds upon approval by the commission in an energy cost financing order.

(2) Public utilities and assignees may sell and assign all or portions of their interest in energy cost property. Public utilities and assignees may sell or assign their interests to one (1) or more assignees or other issuers that make that property the basis for issuance of energy cost recovery bonds to the extent approved in the pertinent energy cost financing order. To the extent approved in the pertinent energy cost financing orders, public utilities and assignees may also pledge energy cost property as collateral, directly or indirectly, for energy cost recovery bonds providing for a security interest in the energy cost property, in the manner as set forth in section 61-1505, Idaho Code. Energy cost property may be sold or assigned by:

(a) The public utility, assignee or other issuer or a trustee for the holders of energy cost recovery bonds in connection with the exercise of remedies upon a default; or

(b) Any person acquiring the energy cost property after a sale or assignment pursuant to this subsection.

(3) To the extent that any interest in energy cost property is so sold or assigned, or is so pledged as collateral, the commission shall authorize the public utility to contract with an assignee or other issuer that it will continue to operate its system to provide service to its customers, will collect amounts with respect to the energy cost bond charges for the benefit and account of the assignee or other issuer, and will account for and remit these amounts to or for the account of the assignee or other issuer. Contracting with the assignee or other issuer in accordance with that authorization shall not impair or negate the characterization of the sale, assignment or pledge as an absolute transfer, a true sale or security interest, as applicable.

(4) Notwithstanding any other provision of law to the contrary, any requirement under this chapter or an energy cost financing order that the commission take action with respect to the subject matter of an energy cost financing order shall be binding upon the commission, as it may be constituted from time to time, and any successor agency exercising functions similar to the commission. The commission shall have no authority to rescind, alter or amend any such requirement under this chapter or an energy cost financing order; provided however, that nothing in this subsection shall preclude adjustments of the energy cost bond charges in accordance with the provisions of section 61-1503, Idaho Code. The issuance of energy cost recovery bonds, any related transfer or pledge of energy cost recovery property and any other transactions incidental to such issuance shall be exempt from the provisions of sections 61-901 through 61-908, Idaho Code, upon approval by the commission in an energy cost financing order. The commission shall include in any energy cost financing order any additional approvals that may be required in connection with such issuance under applicable law.

(5) An assignee or other issuer shall not be considered to be a public utility solely by virtue of the transactions described in this chapter.

History:

[61-1504, added 2001, ch. 380, sec. 1, p. 1331.]
Idaho Code § 61-625 — Idaho Code / Title 61 / Chapter 6 / Section 61-625
61-625 ORDERS NOT SUBJECT TO COLLATERAL ATTACK.
Status: in_force

61-625. Orders not subject to collateral attack. All orders and decisions of the commission which have become final and conclusive shall not be attacked collaterally.

History:

[(61-625) 1913, ch. 61, sec. 61, p. 248; reen. C.L. 106:134; C.S., sec. 2502; I.C.A., sec. 59-625.]
Idaho Code § 61-809 — Idaho Code / Title 61 / Chapter 8 / Section 61-809
61-809 LIMITATION OF CLAIMS.
Status: in_force

61-809. Limitation of claims. No claim for nuisance may be asserted against a utility for damages due to stray current or voltage. Claims against a utility for damages due to stray current or voltage shall be limited to claims of negligence, including in the case of a prior determination of the commission pursuant to subsections (3) or (4) of section 61-805, Idaho Code, negligence per se. In determining whether the utility was negligent, the utility's conduct shall be judged using a standard of ordinary care under the existing circumstances.

History:

[61-809, added 2005, ch. 189, sec. 1, p. 581.]
Idaho Code § 61-616 — Idaho Code / Title 61 / Chapter 6 / Section 61-616
61-616 COMPLAINT AGAINST UTILITY — TIME AND PLACE OF HEARING.
Status: in_force

61-616. Complaint against utility — Time and place of hearing. The commission shall fix the time when and place where a hearing will be had upon the complaint and shall serve notice thereof, not less than twenty (20) days before the time set for such hearing, unless the commission shall find that public necessity requires that such hearing be held at an earlier date.

History:

[(61-616) 1913, ch. 61, last part of sec. 56, p. 248; reen. C.L. 106:125; C.S., sec. 2493; I.C.A., sec. 59-616.]
Idaho Code § 61-1702 — Idaho Code / Title 61 / Chapter 17 / Section 61-1702
61-1702 DEFINITIONS.
Status: in_force

61-1702. Definitions. (1) "Affected landowner" includes owners of property interests, as reflected in the most recent county or city tax records as receiving the tax notice, whose property:

(a) Is directly affected, either crossed or used, by the proposed transmission line, including all facility sites, rights-of-way, access roads and temporary work spaces; and

(b) Abuts either side of an existing right-of-way or facility site owned in fee by any utility company, or abuts the edge of a proposed transmission line or right-of-way which runs along a property line in the area in which the transmission line would be constructed, or contains a residence within fifty (50) feet of the proposed transmission line.

(2) "Application" means any request by a transmitting utility for a route certificate for the construction and operation of new transmission facilities or the modification of existing transmission facilities located in a national interest electric transmission corridor in Idaho.

(3) "Commission" means the Idaho public utilities commission.

(4) "Local government" means a city or county.

(5) "National interest electric transmission corridor" is any geographic area designated by the secretary of energy as experiencing electric energy transmission capacity constraints or congestion pursuant to section 1221 of the energy policy act of 2005.

(6) "Secretary" means the secretary of the United States department of energy.

(7) "Transmission facility" means:

(a) Newly constructed high voltage transmission lines with an operating level capacity of one hundred fifteen thousand (115,000) volts or more;

(b) Rebuilt and upgraded existing high voltage transmission lines with an operating level capacity of at least fifty-seven thousand (57,000) volts to one hundred fifteen thousand (115,000) volts or more along the same right-of-way; or

(c) Electric facilities associated with high voltage transmission lines such as substations, switchyards or temporary contractor work yards.

(8) "Transmitting utility" is an entity that owns, operates or controls facilities used for the transmission of electric energy in interstate commerce.

History:

[61-1702, added 2007, ch. 186, sec. 1, p. 535; am. 2016, ch. 47, sec. 40, p. 125.]
Idaho Code § 61-502A — Idaho Code / Title 61 / Chapter 5 / Section 61-502A
61-502A RESTRICTION ON RATES AUTHORIZING RETURN ON PROPERTY NOT PROVIDING UTILITY SERVICE.
Status: in_force

61-502A. Restriction on rates authorizing return on property not providing utility service. Except upon its explicit finding that the public interest will be served thereby, the commission is hereby prohibited in any order issued after the effective date of this act, from setting rates for any utility that grants a return on construction work in progress or property held for future use and which is not currently used and useful in providing utility service. Except as authorized by this section, any rates granting a return on construction work in progress or property held for future use are hereby declared to be unjust, unreasonable, unfair, unlawful and illegal. When construction work in progress is excluded from the rate base, the commission must allow a just, fair and reasonable allowance for funds used during construction or similar account to be accumulated, computed in accordance with generally accepted accounting principles. If the commission sets rates for any utility including a return on property held for future use and subsequently determines that such property is not needed to provide utility service, then the commission shall determine whether any gain or loss occurring from the sale or other disposition of the property may be included in the utility's rates.

History:

[61-502A, added 1984, ch. 21, sec. 1, p. 24; am. 2006, ch. 107, sec. 1, p. 300.]
Idaho Code § 61-1801 — Idaho Code / Title 61 / Chapter 18 / Section 61-1801
61-1801 SHORT TITLE.
Status: in_force

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

History:

[61-1801, added 2025, ch. 249, sec. 1, p. 1102.]
Idaho Code § 61-113 — Idaho Code / Title 61 / Chapter 1 / Section 61-113
61-113 COMMON CARRIER.
Status: in_force

61-113. Common carrier. The term "common carrier" when used in this act includes every railroad corporation, street railroad corporation, express corporation, dispatch, sleeping car, dining car, drawing room car, freight line, refrigerator, oil, stock, fruit, car loaning, car renting, car loading and every other car corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, operating for compensation within this state.

History:

[(61-113) 1913, ch. 61, sec. 2 (l), p. 248; reen. 1915, ch. 62, sec. 1 (l), p. 152; reen. 1917, ch. 128, subd. l, p. 430; am. 1917, ch. 161, sec. 1 (l), p. 488; am. C.L. 106:13; am. 1919, ch. 172, sec. 1, p. 546; C.S., sec. 2380; I.C.A., sec. 59-113; am. 2010, ch. 167, sec. 1, p. 343.]
Idaho Code § 61-627 — Idaho Code / Title 61 / Chapter 6 / Section 61-627
61-627 APPEAL TO SUPREME COURT — NOTICE OF APPEAL — MATTERS REVIEWABLE ON APPEAL — EXTENT OF REVIEW — RECORD ON APPEAL.
Status: in_force

61-627. Appeal to supreme court — Notice of appeal — Matters reviewable on appeal — Extent of review — Record on appeal. After a petition for reconsideration is denied, or, if the petition is granted, then after the rendition of the decision on reconsideration, the state of Idaho or any party aggrieved may appeal to the supreme court from any order of the public utilities commission by filing a notice of appeal and serving the same in the manner provided by the rules of the supreme court. Upon the payment of the fee therefor, the secretary of the public utilities commission shall prepare, certify, and deliver to the clerk of the supreme court copies of the transcript of the testimony and the relevant documents from the commission files as required under rules adopted by the supreme court for its appeals and shall also certify and deposit with the clerk of the supreme court the original exhibits from that proceeding.

History:

[61-627, added 1977, ch. 299, sec. 2, p. 837; am. 1984, ch. 110, sec. 2, p. 254.]
Idaho Code § 61-313 — Idaho Code / Title 61 / Chapter 3 / Section 61-313
61-313 SCHEDULE CHARGES ONLY PERMITTED.
Status: in_force

61-313. Schedule charges only permitted. Except as in this act otherwise provided, no public utility shall charge, demand, collect or receive a greater or lesser or different compensation from any product or commodity furnished or to be furnished or for any service rendered or to be rendered than the rates, rentals and charges applicable to such product or commodity or service as specified in its schedules on file and in effect at the time, nor shall any such public utility refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates, rentals and charges so specified nor extend to any corporation or person any form of contract or agreement or any rule or regulation of any facility or privilege except such as are specified in such schedules and as are regularly and uniformly extended to all corporations and persons: provided, that messages by telephone or cable, subject to the provisions of this act, may be classified by the utility into day, night, repeated, unrepeated, letter, commercial, press, government and such other classes of messages: provided further, that nothing in this chapter shall be construed to prevent telephone and cable companies from entering into contract with common carriers for the exchange of service at rates common to all common carriers of like class.

History:

[(61-313) 1913, ch. 61, sec. 16b, p. 248; reen. 1915, ch. 113, sec. 1, subd. 16b, p. 260; reen. C.L. 106:58; C.S., sec. 2425; I.C.A., sec. 59-313; am. 1984, ch. 106, sec. 1, p. 247; am. 2017, ch. 58, sec. 31, p. 126; am. 2025, ch. 20, sec. 16, p. 57.]
Idaho Code § 61-705 — Idaho Code / Title 61 / Chapter 7 / Section 61-705
61-705 SUMMARY PROCEEDINGS BY COMMISSION.
Status: in_force

61-705. Summary proceedings by commission. Whenever the commission shall be of the opinion that any public utility is failing or omitting or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, direction or requirement of the commission under the provisions of this act, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order, decision, rule, direction or requirement of the commission, under the provisions of this act, it shall direct the attorney of the commission to commence an action or proceeding in the district court in and for the county, or city and county, in which the cause or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides, in the name of the people of the state of Idaho, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction.

The attorney of the commission shall thereupon begin such action or proceeding by petition to such district court, alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction.

It shall thereupon be the duty of the court to specify a time not exceeding twenty (20) days, after the service of the copy of the petition, within which the public utility complained of must answer the petition, and in the meantime said public utility may be restrained. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances of the case. Such corporations or persons as the court may deem necessary or proper to be joined as parties in order to make its judgment, order or writ effective, may be joined as parties. The final judgment in such action or proceedings shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief.

An appeal may be taken to the Supreme Court from such final judgment in the same manner and with the same effect, subject to the provisions of this act, as appeals are taken from judgments of the district court in other actions for mandamus or injunction.

History:

[(61-705) 1913, ch. 61, sec. 71, p. 248; reen. C.L. 106:153; C.S., sec. 2521; I.C.A., sec. 59-705.]
Idaho Code § 61-610 — Idaho Code / Title 61 / Chapter 6 / Section 61-610
61-610 RIGHT TO INSPECT BOOKS AND EXAMINE EMPLOYEES.
Status: in_force

61-610. Right to inspect books and examine employees. (1) The commission, each commissioner and each person employed by the commission shall have the right at any and all reasonable times to inspect the accounts, books, papers and documents of any public utility. The commission shall also have the right to inspect the records of a public utility's holding company, parent, affiliate, or subsidiary that engages directly in any transaction with the regulated utility which results in expenses being incurred, allocated or otherwise attributed to regulated services of a public utility; provided however, the commission may inspect only those records which are necessary to determine whether such expense was properly incurred and should be included, in whole or in part, in the public utility's rates.

(2) The commission, each commissioner and any employee authorized to administer oaths shall have power to examine under oath any officer, agent or employee of such public utility in relation to the business and affairs of said public utility: provided, that any person other than a commissioner demanding such inspection shall produce under the seal of the commission his authority to make such inspection. A written record of the testimony or statement so given under oath shall be made and filed with the commission.

History:

[(61-610) 1913, ch. 61, sec. 54, p. 248; reen. C.L. 106:119; C.S., sec. 2487; I.C.A., sec. 59-610; am. 2001, ch. 385, sec. 1, p. 1348.]
Idaho Code § 61-1004 — Idaho Code / Title 61 / Chapter 10 / Section 61-1004
61-1004 DUTIES OF COMMISSION — FEES — DETERMINATION — MAXIMUM AND MINIMUM FEES.
Status: in_force

61-1004. Duties of commission — Fees — Determination — Maximum and minimum fees. On or before April 15th of each year the commission shall determine the proportionate assessment that all railroad corporations, and all other public utilities subject to the jurisdiction of the commission, shall bear to the amount which will be required to defray the expense of the commission for supervision and regulation of such railroad corporations and other public utilities during the ensuing fiscal year; such determination shall be based upon a consideration of the time and expense devoted to the supervision and regulation of each such class of railroad corporations and other public utilities during the preceding calendar year, including salaries and wages of the commissioners and employees and all other necessary and lawful expenditures of the commission. Thereupon the commission shall apportion the assessment thus determined to be required of all railroad corporations and all other public utilities, to each such class thereof, respectively, in proportion to their respective gross operating revenues derived from intrastate utility business in Idaho for the preceding calendar year, except that the maximum fee payable shall not exceed:

(1) In the case of railroad corporations, one percent (1%) of the gross operating revenues derived from the intrastate utility business of each railroad corporation; and

(2) In the case of all other public utilities except pipeline corporations, three-tenths (3/10) of one percent (1%) of the gross operating revenues derived from the intrastate utility business of each such public utility.

(3) In the case of pipeline corporations, the fee payable shall be calculated to recover the commission's time and expense devoted to the safety supervision and regulation of each pipeline corporation.

(4) In no case shall the fee be less than fifty dollars ($50.00).

(5) The commission shall make such assessment of the fees so determined by orders duly made and entered on its minutes.

History:

[61-1004, added 1955, ch. 177, sec. 1, p. 362; am. 1959, ch. 80, sec. 4, p. 179; am. 1972, ch. 148, sec. 5, p. 319; am. 1975, ch. 135, sec. 3, p. 297; am. 1989, ch. 87, sec. 1, p. 150; am. 1999, ch. 289, sec. 3, p. 716; am. 2012, ch. 72, sec. 3, p. 208.]
Idaho Code § 61-516 — Idaho Code / Title 61 / Chapter 5 / Section 61-516
61-516 PRIORITY DESIGNATION FOR ELECTRIC TRANSMISSION PROJECTS.
Status: in_force

61-516. priority designation for electric transmission projects. (1) The legislature finds that the timely review and permitting of electric transmission facilities is critical to the well-being of the citizens and the economy of this state and the region. The legislature further finds that enactment of this section is necessary to promote the public interest. The purpose of this section is for the public utilities commission to determine whether the construction of electric transmission facilities should be designated to receive priority processing by state agencies. This section is not intended to affect a state agency's decision-making authority to approve, deny or condition an application to construct electric transmission facilities.

(2) For purposes of this section the following definitions shall apply:

(a) "Electric transmission facilities" means the construction of high voltage transmission lines with an operating level capacity of two hundred thirty thousand (230,000) volts or more and associated substations and switchyards.

(b) "State agency" means every state department, division, commission or board.

(3) Any person intending to construct eligible electric transmission facilities in Idaho may file an application with the public utilities commission seeking priority designation. An order granting priority designation shall not constitute regulatory approval or bind any state agency. If the commission issues an order granting priority designation, state agencies subsequently involved in the permitting or siting processes for such electric transmission facilities shall be required to give the application priority or immediate attention as it relates to reviews, permits, reports, studies or comments.

(4) In reviewing an application for priority designation, the public utilities commission shall base its findings on whether the proposed construction of electric transmission facilities will:

(a) Benefit Idaho customers and the Idaho economy;

(b) Improve electric transmission capacity and reliability in Idaho and the region; and

(c) Promote the public interest.

(5) Applications for priority designation filed with the public utilities commission shall be governed by the commission's rules of administrative procedure. The commission may promulgate administrative rules in compliance with chapter 52, title 67, Idaho Code, or may issue procedural orders necessary to implement this section.

History:

[61-516, added 2009, ch. 9, sec. 1, p. 11.]
Idaho Code § 61-520 — Idaho Code / Title 61 / Chapter 5 / Section 61-520
61-520 SERVICE OF ELECTRIC, GAS, AND WATER CORPORATIONS — DETERMINATION OF STANDARDS.
Status: in_force

61-520. Service of electric, gas, and water corporations — Determination of standards. The commission shall have power, after hearing had upon its own motion or upon complaint, to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements or service to be furnished, imposed, observed and followed by all electrical, gas and water corporations; to ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, initial voltage or other condition pertaining to the supply of the product, commodity or service furnished or rendered by any such public utility; to prescribe reasonable regulations for the examination and testing of such product, commodity or service and for the measurement thereof; to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements; and to provide for the examination and testing of any and all appliances used for the measurement of any product, commodity or service of any such public utility.

History:

[(61-520) 1913, ch. 61, sec. 44a, p. 248; reen. C.L. 106:100; C.S., sec. 2468; I.C.A., sec. 59-520.]
Idaho Code § 61-403 — Idaho Code / Title 61 / Chapter 4 / Section 61-403
61-403 BLANKS — FILLING OUT BY UTILITY.
Status: in_force

61-403. Blanks — Filling out by utility. Every public utility receiving from the commission any blanks, with directions to fill the same, shall cause the same to be properly filled out so as to answer fully and correctly each question propounded therein; in case it is unable to answer any question, it shall give a good and sufficient reason for such failure.

History:

[(61-403) 1913, ch. 61, sec. 26b, p. 248; reen. C.L. 106:77; C.S., sec. 2445; I.C.A., sec. 59-403.]
Idaho Code § 61-612 — Idaho Code / Title 61 / Chapter 6 / Section 61-612
61-612 COMPLAINT AGAINST UTILITY.
Status: in_force

61-612. Complaint against utility. Complaint may be made by the commission of its own motion or by any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public utility including any rule, regulation or charge heretofore established or fixed by or for any public utility, in violation, or claimed to be in violation of any provision of law or of any order or rule of the commission: provided, that no complaint shall be entertained by the commission, except upon its own motion, as to the reasonableness of any rate or charges of any gas, electrical, water or telephone corporation, unless the same be signed by the mayor or the president or chairman of the board of trustees or a majority of the council, commission or other legislative body of the city or county or city or town, if any, within which the alleged violation occurred, or not less than 25 consumers or purchasers or prospective consumers or purchasers of such gas, electricity, water or telephone service.

History:

[(61-612) 1913, ch. 61, first part of sec. 56, p. 248; reen. C.L. 106:121; C.S., sec. 2489; I.C.A., sec. 59-612.]
Idaho Code § 61-318 — Idaho Code / Title 61 / Chapter 3 / Section 61-318
61-318 INTERCHANGE OF TRAFFIC — DUTY OF ESTABLISHING JOINT RATES.
Status: in_force

61-318. Interchange of traffic — Duty of establishing joint rates. Every common carrier shall afford all reasonable, proper and equal facilities for the prompt and efficient interchange and transfer of passengers, tonnage and cars, loaded or empty, between the lines owned, operated, controlled or leased by it, and the lines of every other common carrier, and shall make such interchange and transfer promptly without discrimination between shippers, passengers or carriers either as to compensation charged, service rendered or facilities afforded. Every railroad corporation shall receive from every other railroad corporation at any point of connection, freight cars of proper standard and in proper condition, and shall haul the same either to destination, if the destination be upon the lines owned, operated or controlled by such railroad corporation, or to a point of transfer according to route billed, if the destination be upon the line of some other railroad corporation.

Nothing in this section contained shall be construed as in any other wise limiting or modifying the duty of a common carrier to establish joint rates, fares and charges for the transportation of passengers and property over the lines owned, operated, controlled or leased by it and the lines of other common carriers nor as in any manner limiting or modifying the power of the commission to require the establishment of such joint rates, fares and charges.

History:

[(61-318) 1913, ch. 61, sec. 21a, p. 248; reen. C.L. 106:63; C.S., sec. 2430; I.C.A., sec. 59-318.]
Idaho Code § 61-1708 — Idaho Code / Title 61 / Chapter 17 / Section 61-1708
61-1708 EFFECT OF ISSUANCE OF ROUTE CERTIFICATION.
Status: in_force

61-1708. Effect of issuance of route certification. (1) Subject to any conditions attached to the certificate by the commission, a final commission order granting a route certificate shall bind the state and each of its agencies, divisions, bureaus, commissions, boards and local governments as to the approval of the authorized transmission route and the construction and operation of the authorized transmission facility.

(2) Issuance of a route certificate to a transmitting utility authorizes the utility to exercise the right of eminent domain pursuant to chapter 7, title 7, Idaho Code.

(3) Issuance of the route certificate shall not be construed to preempt jurisdiction of any state agency or local government over matters that are not included in and governed by the route certificate including, but not limited to, employee health and safety, wage and hour or other labor regulations, other design and operational issues that do not relate to the siting of the transmission facilities.

History:

[61-1708, added 2007, ch. 186, sec. 1, p. 542.]
Idaho Code § 61-529 — Idaho Code / Title 61 / Chapter 5 / Section 61-529
61-529 CERTIFICATE OF CONVENIENCE AND NECESSITY — ELECTRICITY EXCLUSIVELY FOR MINES EXCEPTED.
Status: in_force

61-529. Certificate of convenience and necessity — Electricity exclusively for mines excepted. No certificate of convenience and necessity shall be required under any provision of this act where the electricity is to be used exclusively in operations incident to the working of metalliferous mines and mining claims, mills, or reduction and smelting plants, and the transmission lines and distribution systems are owned by the consumer or where several consumers severally own their individual distribution systems and jointly own, in their own names or through a trustee, the transmission lines used in connection therewith and transmit such electricity, whether generated by themselves or procured from some other source, over such transmission lines and distribution systems without profit, and to be used for their private uses for the purposes aforesaid in places outside the limits of incorporated cities, towns and villages, and not for resale or public use, sale or distribution.

History:

[(61-529) 1913, ch. 61, sec. 48d, p. 248; as added by 1915, ch. 62, sec. 2, subd. 48d, p. 157; reen. C.L. 106:109; C.S., sec. 2477; I.C.A., sec. 59-529.]
Idaho Code § 61-603 — Idaho Code / Title 61 / Chapter 6 / Section 61-603
61-603 WITNESSES — ATTENDANCE — FEES — MILEAGE.
Status: in_force

61-603. Witnesses — Attendance — Fees — Mileage. The commission and each commissioner shall have power to administer oaths, certify to all official acts, and to issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the state.

Each witness who shall appear, by order of the commission or a commissioner, shall receive for his attendance the same fees allowed by law to a witness in civil cases, in the district court, and mileage at ten cents (10¢) for every mile of travel one (1) way by the nearest generally traveled route in going to the place where the attendance of a witness is required, which amount shall be paid by the party at whose request such witness was subpoenaed.

When any witness who has not been required to attend at the request of any party shall be subpoenaed by the commission, his fees and mileage shall be paid from the funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid: provided, that the commission may at its discretion refuse to allow the mileage and attendance of any witness subpoenaed before it that is in the employ of any public utility defined in this act.

Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the commission, may at the time of service, demand the fee to which he is entitled for travel to and from the place at which he is required to appear and one (1) day's attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, he shall not be required to attend before the commission or commissioner, as directed in the subpoena, unless the commission shall by order indorsed on the subpoena require any such witness to attend, irrespective of the fact that such mileage and attendance are not paid on demand. All fees or mileage to which any witness is entitled under the provisions of this section may be collected by action therefor instituted by the person to whom such fees are payable. No witness furnished with free transportation shall receive mileage for the distance he may travel on such free transportation.

History:

[(61-603) 1913, ch. 61, sec. 51a, p. 248; reen. C.L. 106:112; C.S., sec. 2480; I.C.A., sec. 59-603.]
Idaho Code § 61-332D — Idaho Code / Title 61 / Chapter 3 / Section 61-332D
61-332D WHEELING SERVICES.
Status: in_force

61-332D. Wheeling services. (1) An electric supplier shall not be required to provide wheeling service over its system if such service results in retail wheeling and/or a sham wholesale transaction.

(2) An electric supplier declining to furnish wheeling service pursuant to this section shall petition the commission for review of the electric supplier's action in respect to a request for such service. The commission shall, upon notice and opportunity for hearing, review the electric supplier's action for consistency with the purposes and provisions of this act, and issue an order in accordance with its finding, ordering either that the wheeling service shall, or shall not, be required.

History:

[61-332D, added 2000, (1st Ex. Sess.), ch. 1, sec. 6, p. 7; repealed 2000, (1st Ex. Sess.), ch. 1, sec. 13, p. 9; am. 2001, ch. 29, sec. 7, p. 39.]
Idaho Code § 61-332B — Idaho Code / Title 61 / Chapter 3 / Section 61-332B
61-332B ELECTRIC SUPPLIER PROHIBITED FROM SERVING CONSUMERS OR FORMER CONSUMERS OF ANOTHER ELECTRIC SUPPLIER.
Status: in_force

61-332B. Electric supplier prohibited from serving consumers or former consumers of another electric supplier. No electric supplier shall supply or furnish electric service to any electric service entrance that is then or had at any time previously been lawfully connected for electric service to facilities of another electric supplier except as provided in this act.

History:

[61-332B, added 1970, ch. 141, sec. 4, p. 417; am. 2000, (1st Ex. Sess.), ch. 1, sec. 4, p. 5; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 16, pp. 9 and 10; am. 2001, ch. 29, sec. 5, p. 38.]
Idaho Code § 61-332 — Idaho Code / Title 61 / Chapter 3 / Section 61-332
61-332 PURPOSE OF ELECTRIC SUPPLIER STABILIZATION ACT.
Status: in_force

61-332. Purpose of electric supplier stabilization act. (1) This act includes sections 61-332 through 61-334C, Idaho Code, and shall be referred to herein as "this act" and may be cited and referred to as the "Electric Supplier Stabilization Act."

(2) This act and its amendments are designed to promote harmony among and between electric suppliers furnishing electricity within the state of Idaho, prohibit the "pirating" of consumers of another electric supplier, discourage duplication of electric facilities, actively supervise certain conduct of electric suppliers as it relates to this act, and stabilize the territories and consumers served with electricity by such electric suppliers.

History:

[61-332, added 1970, ch. 141, sec. 2, p. 417; am. 2000, (1st Ex. Sess.) ch. 1, sec. 2, p. 4; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 14, p. 9; am. 2001, ch. 29, sec. 3, p. 36.]
Idaho Code § 61-207 — Idaho Code / Title 61 / Chapter 2 / Section 61-207
61-207 COMMISSIONERS AND EMPLOYEES — OATH — QUALIFICATIONS — RESTRICTIONS ON POLITICAL ACTIVITY.
Status: in_force

61-207. Commissioners and employees — Oath — Qualifications — Restrictions on political activity. Each commissioner shall devote his entire time to the duties of his office and shall, together with each person appointed to a civil executive office by the commission, before entering upon the duties of his office, take and subscribe to an oath to the effect that he will support the Constitution of the United States and the state of Idaho, and faithfully and impartially discharge the duties of his office as required by law and that he is not interested directly or indirectly in any public utility embraced within the provisions of this act; or any of its stocks, bonds, mortgages, securities or earnings.

Each commissioner shall be a qualified elector of this state, and no person while in the employ of or holding any official relation to any corporation or person, which said corporation or person is subject in whole or in part to regulation by the commission, and no person owning stocks or bonds of any such corporation or who is in any manner pecuniarily interested therein shall be appointed to or hold the office of commissioner or be appointed or employed by the commission: provided, that if such person shall become the owner of such stocks or bonds or become pecuniarily interested in such corporation otherwise than voluntarily, he shall within a reasonable time divest himself of such ownership or interest; failing to do so, his office or employment shall become vacant.

No commissioner shall, directly or indirectly, while he is a member of said commission, take any part in politics by advocating or opposing the election, appointment or nomination of any person or persons to any office in the state of Idaho, excepting under officers in the commission, nor shall any commissioner seek appointment or election or nomination for any civil office in the state of Idaho, other than commissioner, while he is a member of said commission, nor shall any commissioner seek appointment, nomination or election to any civil office in the state of Idaho, other than that of commissioner, for a period of two (2) years from the date of the expiration of his term or after his resignation or removal from said office.

History:

[(61-207) 1913, ch. 61, sec. 7, p. 248; reen. C.L. 106:36; C.S., sec. 2403; I.C.A., sec. 59-207.]
Idaho Code § 61-606 — Idaho Code / Title 61 / Chapter 6 / Section 61-606
61-606 NO PRIVILEGE TO WITNESSES — IMMUNITY FROM SELF-INCRIMINATING TESTIMONY.
Status: in_force

61-606. No privilege to witnesses — Immunity from self-incriminating testimony. No person shall be excused from testifying or from producing any book, waybill, document, paper or account in any investigation or inquiry by or hearing before the commission or any commissioner, when ordered to do so, upon the ground that the testimony or evidence, book, waybill, document, paper or account, required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any forfeiture or penalty for or on account of any act, transaction, matter or thing concerning which he shall, under oath have testified or produced documentary evidence: provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained shall be construed as in any manner giving to any public utility immunity of any kind.

History:

[(61-606) 1913, ch. 61, sec. 51d, p. 248; reen. C.L. 106:115; C.S., sec. 2483; I.C.A., sec. 59-606.]
Idaho Code § 61-1304 — Idaho Code / Title 61 / Chapter 13 / Section 61-1304
61-1304 TELECOMMUNICATIONS RELAY SERVICES FUND.
Status: in_force

61-1304. Telecommunications relay services fund. (1) The administrator shall establish a fund for the provision of relay services under this chapter, not including customer premises equipment, to be known and designated as the Idaho telecommunications relay services fund, in such depository and under such regulations as shall be established by the commission, to which shall be credited:

(a) All monetary contributions, gifts and grants received by the administrator;

(b) All charges billed and collected pursuant to section 61-1305, Idaho Code.

(2) No funds derived from charges billed and collected pursuant to section 61-1305, Idaho Code, shall be used for the acquisition of end user text telephones.

(3) All moneys deposited in the telecommunications relay fund shall be expended for the purpose of defraying the expenses, debts and costs incurred in carrying out the provisions of this chapter, and for defraying administrative expenses of the administrator, including necessary expenses for consultants to the administrator, expenses for travel, supplies and equipment and other expenses of the administrator necessary for the implementation of the provisions of this chapter. All moneys credited to the telecommunications relay services fund may be expended by the administrator at such times and in such manner as may be authorized by the commission.

History:

[61-1304, added 1992, ch. 148, sec. 1, p. 445.]
Idaho Code § 61-607 — Idaho Code / Title 61 / Chapter 6 / Section 61-607
61-607 CERTIFIED COPIES OF DOCUMENTS AS EVIDENCE.
Status: in_force

61-607. Certified copies of documents as evidence. Copies of official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the original shall be evidence in like manner as the originals.

History:

[(61-607) 1913, ch. 61, sec. 52a, p. 248; reen. C.L. 106:116; C.S., sec. 2484; I.C.A., sec. 59-607.]