reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-316 - PROFITS.

61-316. PROFITS. Nothing in this act shall be taken to prohibit any public utility from itself profiting, to the extent permitted by the commission, from any economies, efficiencies or improvements which it may make, and from distributing by way of dividends or otherwise disposing of the profits to which it may be so entitled, and the commission is authorized to make or permit such arrangement or arrangements with any public utility as it may deem wise for the purpose of encouraging economies, efficiencies, or improvements and securing to the public utility making the same such portion, if any, of the profits thereof, as the commission may determine.
History:
[61-316, added 1913, ch. 61, sec. 19, p. 248; reen. C.L. 106:61; C.S., sec. 2428; I.C.A., sec. 59-316.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-317 - SLIDING SCALE OF CHARGES — AUTOMATIC ADJUSTMENT.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-318 - INTERCHANGE OF TRAFFIC — DUTY OF ESTABLISHING JOINT RATES.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-319 - INTERCHANGE OF TELEPHONE MESSAGES.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-320 - FALSE BILLING — TRANSPORTATION AT LESS THAN SCHEDULED RATES PROHIBITED.

61-320. FALSE BILLING — TRANSPORTATION AT LESS THAN SCHEDULED RATES PROHIBITED. No common carrier, or any officer or agent thereof, or any person acting for or employed by it, shall, by means of known false billing, classification, weight, weighing or report of weight, or by any other device or means, assist, suffer or permit any corporation or person to obtain transportation for any person or property between points within this state at less than the rates and fares then established and in force as shown by the schedules filed and in effect at the time. No person or corporation, or any officer, agent, or employee of a corporation shall, by means of false billing, false or incorrect classification, false weight or weighing, false representation as to contents or substances of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of a common carrier or any of its officers, agent or employees, seek to obtain or obtain such transportation for such property at less than the rates then established and in force therefor.
History:
[(61-320) 1913, ch. 61, sec. 22a, p. 248; compiled and reen. C.L. 106:65; C.S., sec. 2432; I.C.A., sec. 59-320.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-321 - FALSE CLAIM FOR DAMAGES.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-322 - LONG AND SHORT HAUL.

61-322. LONG AND SHORT HAUL. No common carrier subject to the provisions of this act shall charge or receive any greater compensation in the aggregate for the transportation of persons or of a like kind of property for a shorter than for a longer distance over the same route or line in the same direction, within this state, the shorter being included within the longer distance, or charge any greater compensation as through rate than the aggregate to [of] the intermediate rates; but this shall not be construed as authorizing any such common carrier to charge or receive a greater compensation for a shorter than for a longer distance or haul over the same line or route in the same direction. Upon application to the commission such common carrier may, in special cases, after investigation, be authorized by the commission to charge less for a longer than for a shorter distance for the transportation of persons or property, and the commission may from time to time prescribe the extent to which such carrier may be relieved from the operation and requirements of this section.
History:
[(61-322) 1913, ch. 61, sec. 23a, p. 248; reen. C.L. 106:67; C.S., sec. 2434; I.C.A., sec. 59-322.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-323 - TELEPHONE COMPANIES — LONG AND SHORT DISTANCE SERVICE.

61-323. TELEPHONE COMPANIES — LONG AND SHORT DISTANCE SERVICE. No telephone corporation subject to the provisions of this act shall charge or receive any greater compensation in the aggregate for the transmission of any long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction, within this state, the shorter being included within the longer distance, or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls subject to the provisions of this act; but this shall not be construed as authorizing any such telephone corporation to charge and receive as great a compensation for a shorter as for a longer distance. Upon the application to the commission a telephone corporation may, in special cases, after investigation, be authorized by the commission to charge less for a longer than for a shorter distance service for the transmission of messages or conversations, and the commission may from time to time prescribe the extent to which such telephone corporation may be relieved from the operation and requirements of this section.
History:
[(61-323) 1913, ch. 61, sec. 23b, p. 248; reen. C.L. 106:68; C.S., sec. 2435; I.C.A., sec. 59-323; am. 1984, ch. 106, sec. 5, p. 248.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-324 - RAILROADS — SWITCH CONNECTION.

61-324. RAILROADS — SWITCH CONNECTION. Any railroad company subject to the provisions of this act, upon application of any lateral, branch line of railroad or of any shipper tendering traffic for transportation, shall construct, maintain and operate upon reasonable terms a switch connection with any such lateral, branch line of railroad or private sidetrack, which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety, and will furnish sufficient business to justify the construction and maintenance of the same; and shall furnish cars for the movement of such traffic to the best of its ability, without discrimination in favor of or against any such shipper.
History:
[(61-324) 1913, ch. 61, sec. 24a, p. 248; reen. C.L. 106:69; C.S., sec. 2436; I.C.A., sec. 59-324.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-325 - RAILROADS — SPURS.

61-325. RAILROADS — SPURS. Under the conditions specified in the proviso in section 61-324[, Idaho Code], every railroad corporation, upon the application of any corporation or person being a shipper or receiver or contemplated shipper or receiver of freight, or when ordered by the commission, shall construct upon its right of way a spur or spurs for the purpose of receiving and delivering freight thereby and shall receive and deliver freight thereby.
History:
[(61-325) 1913, ch. 61, sec. 24b, p. 248; reen. C.L. 106:70; C.S., sec. 2437; I.C.A., sec. 59-325.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-326 - STREET AND INTERURBAN RAILROADS — FARES — TRANSFERS.

61-326. STREET AND INTERURBAN RAILROADS — FARES — TRANSFERS. No street or interurban railroad corporation shall charge, demand, collect or receive more than five cents (5¢) for one (1) continuous ride in the same general direction within the corporate limits of any city or village, except upon a showing before the commission that such greater charge is justified: provided, that until the decision of the commission upon such showing, a street or interurban railroad corporation may continue to demand, collect and receive the fare in effect on January 2, 1913, or at the time the commission acquires as to such corporation the power to fix fares within such city or village. Every street or interurban railroad corporation shall, upon such terms as the commission shall find to be just and reasonable, furnish to its passengers transfers entitling them to one (1) continuous trip in the same general direction over and upon the portions of its lines within the same city or village not reached by the originating car.
History:
[(61-326) 1913, ch. 61, sec. 25, p. 248; reen. C.L. 106:71; C.S., sec. 2438; I.C.A., sec. 59-326.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-327 - ELECTRIC UTILITY PROPERTY — ACQUISITION BY CERTAIN PUBLIC AGENCIES PROHIBITED.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-328 - ELECTRIC UTILITIES — SALE OF PROPERTY TO BE APPROVED BY COMMISSION.

61-328. ELECTRIC UTILITIES — SALE OF PROPERTY TO BE APPROVED BY COMMISSION. (1) No electric public utility or electrical corporation as defined in chapter 1, title 61, Idaho Code, owning, controlling or operating any property located in this state which is used in the generation, transmission, distribution or supply of electric power and energy to the public or any portion thereof, shall merge, sell, lease, assign or transfer, directly or indirectly, in any manner whatsoever, any such property or interest therein, or the operation, management or control thereof, or any certificate of convenience and necessity or franchise covering the same, except when authorized to do so by order of the public utilities commission.
(2) The electric public utility or electrical corporation shall file a verified application setting forth such facts as the commission shall prescribe or require. The commission shall issue a public notice and shall conduct a public hearing upon the application.
(3) Before authorizing the transaction, the public utilities commission shall find:
(a) That the transaction is consistent with the public interest;
(b) That the cost of and rates for supplying service will not be increased by reason of such transaction; and
(c) That the applicant for such acquisition or transfer has the bona fide intent and financial ability to operate and maintain said property in the public service.
The applicant shall bear the burden of showing that standards listed above have been satisfied.
(4) The commission shall have power to issue said authorization and order as prayed for, or to refuse to issue the same, or to issue such authorization and order with respect only to a part of the property involved. The commission shall include in any authorization or order the conditions required by the director of the department of water resources under section 42-1701(6), Idaho Code. The commission may attach to its authorization and order such other terms and conditions as in its judgment the public convenience and necessity may require.
History:
[61-328, added 1951, ch. 3, sec. 2, p. 4; am. 2000, ch. 224, sec. 2, p. 620.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-329 - UNLAWFUL TRANSFER OR ACQUISITION — ESCHEAT.

61-329. UNLAWFUL TRANSFER OR ACQUISITION — ESCHEAT. Any such property or interest in property hereafter transferred or acquired in violation of this act shall escheat to the state of Idaho. The attorney general of the state shall institute proceedings in the district court of any county in which such property, or any portion thereof, is situated, to have such escheat adjudged and decreed. If the property is operating property, the court shall continue the operation thereof under a receiver appointed by and under the control and supervision of the court, pending final determination of the action and the sale and disposition of the property. When the court has entered judgment escheating the property to the state, the court shall thereupon order a sale of the property, or interest therein, in the same manner as prescribed by the laws of the state of Idaho for the sale of real estate under mortgage foreclosure. Out of the proceeds arising from such sale, any valid liens or claims of third parties shall be paid, and the balance shall be paid into the state treasury for the credit of the school fund.
History:
[61-329, added 1951, ch. 3, sec. 3, p. 4.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-331 - VIOLATION OF ACT — CRIMINAL PENALTY.

61-331. VIOLATION OF ACT — CRIMINAL PENALTY. If any person, or two (2) or more persons, act, negotiate, participate, attempt, arrange or conspire to make or effect, or to receive or take, a transfer of any real or personal property used for the purposes specified in section 61-327 or section 61-328[, Idaho Code], or of any interest therein, in violation of the prohibitions contained in section 61-327[, Idaho Code,] or of any other provision of this act, each, any or all of such persons, upon conviction thereof, shall be punished by imprisonment in the county jail or state penitentiary not exceeding two (2) years or by a fine not exceeding $5000, or by both such fine and imprisonment.
History:
[61-331, added 1951, ch. 3, sec. 5, p. 4.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-332 - PURPOSE OF ELECTRIC SUPPLIER STABILIZATION ACT.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-332A - DEFINITIONS FOR ELECTRIC SUPPLIER STABILIZATION ACT.

61-332A. DEFINITIONS FOR ELECTRIC SUPPLIER STABILIZATION ACT. As used in this act, unless the context requires otherwise:
(1) "Public utility" means an electric utility regulated by the Idaho public utilities commission.
(2) "Cooperative" means a cooperative corporation furnishing electric service in the state of Idaho to its consumer-members who own and operate the cooperative.
(3) "Municipality" means any municipal corporation or quasi-municipal corporation furnishing electric service to the consumers of the municipality in the state of Idaho.
(4) "Electric supplier" means any public utility, cooperative, or municipality supplying or intending to supply electric service to a consumer.
(5) "Electric service" means electricity furnished to an ultimate consumer by an electric supplier.
(6) "Consumer" is any person, firm, corporation, or other entity receiving or intending to receive electric service at a specific service entrance.
(7) "Service entrance" means the location on the consumer’s property where the consumer’s main disconnect switch, fuses or other disconnect equipment exists, and which are intended to provide the means of cutoff of the supply.
(8) "New service entrance" means a service entrance not previously served with electricity. A change, improvement, replacement, enlargement, or change in location of a service entrance shall not be deemed a "new service entrance" if utilized to serve any service or utilization equipment previously served with electricity from the former service entrance, but for the provisions of this act shall be deemed the former "service entrance." A change in consumer shall not be construed to make an existing service entrance a "new service entrance." A change, enlargement, or other modification of service or utilization equipment served from an existing service entrance shall not be construed to make it a "new service entrance."
(9) "Transmission line," for the purposes of this act, means any electric line of an electric supplier carrying a voltage of sixty-nine (69) KV or more.
(10) "Service line," for the purposes of this act, means any single or multi-phase electric line of an electric supplier used for carrying less than sixty-nine (69) KV and used or capable of use to provide electric service for a consumer.
(11) "Existing service line" means any electric service line in existence at the time of the event in question and constructed to supply a consumer that could be lawfully served by that electric supplier under this act. It shall not mean any service line constructed to obtain an advantage under this act, or to evade its purpose or terms.
(12) "Commission" means the Idaho public utilities commission.
History:
[61-332A, added 1970, ch. 141, sec. 3, p. 417; am. 2000, (1st Ex. Sess.), ch. 1, sec. 3, p. 4; repealed and new section added 2000, (1st Ex. Sess.), secs. 13 and 15, p. 9; am. 2001, ch. 29, sec. 4, p. 37.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-332B - ELECTRIC SUPPLIER PROHIBITED FROM SERVING CONSUMERS OR FORMER CONSUMERS OF ANOTHER ELECTRIC SUPPLIER.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-332C - PROVISIONS FOR SELECTING ELECTRIC SUPPLIER FOR NEW ELECTRIC SERVICE ENTRANCES.

61-332C. PROVISIONS FOR SELECTING ELECTRIC SUPPLIER FOR NEW ELECTRIC SERVICE ENTRANCES. (1) In determining which electric supplier will provide electric service for a new service entrance, the following provisions will govern:
(a) If no electric supplier has an existing service line within one thousand three hundred twenty (1,320) feet of a new service entrance the consumer shall have the right of choice of electric supplier.
(b) If only one (1) electric supplier has an existing service line within one thousand three hundred twenty (1,320) feet of the new service entrance that electric supplier shall have the right to serve the consumer at the new service entrance.
(c) If more than one (1) electric supplier has an existing service line within one thousand three hundred twenty (1,320) feet of the new service entrance the electric supplier whose existing service line is nearest the new service entrance shall have the right to serve the consumer at the new service entrance.
(d) If more than one (1) electric supplier has an existing service line within one thousand three hundred twenty (1,320) feet of the new service entrance and it cannot be determined by proof which service line is nearest the new service entrance, then the consumer or an electric supplier shall petition the commission for an order determining which electric supplier is nearest the new service entrance.
(e) For purposes of this act distances shall mean the exact distance measured using standard land surveying practices as established by the board of professional engineers and land surveyors of the state of Idaho.
(2) No electric supplier shall construct or extend facilities, nor make any electric connections, nor permit any connection to be made from any of its facilities to any new service entrance nor shall it supply electric service to any new service entrance in violation of the provisions of this section, except as ordered by the commission pursuant to this act.
History:
[61-332C, added 1970, ch. 141, sec. 5, p. 417; am. 2000, (1st Ex. Sess.), ch. 1, sec. 5, p. 6; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 17, pp. 9 and 11; am. 2001, ch. 29, sec. 6, p. 38.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-332D - WHEELING SERVICES.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-333 - AUTHORIZING CONTRACTS AMONG ELECTRIC SUPPLIERS TO RESOLVE TERRITORIES, CONSUMERS AND TO TRANSFER FACILITIES.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-333A - INCREASED AREA — EXTENSION OF SERVICE PERMITTED.

61-333A. INCREASED AREA — EXTENSION OF SERVICE PERMITTED. In the event an area hereafter shall be included as a result of incorporation or annexation within the boundaries of a city, town or village, any public utility and any cooperative association organized for the purpose of furnishing electric service to its members or consumers only, furnishing electric service or operating electric facilities in such area prior to such inclusion, shall, unless the municipality acquire such facilities pursuant to section 61-333B, Idaho Code, and subject to the provisions of sections 61-332B and 61-332C, Idaho Code, have the right to continue and extend the furnishing of electric services in such area, and to utilize public streets, alleys and thoroughfares, or such portion of such annexed area as is designated on the recorded plat for the installation of utilities, for such purpose. Such public utility or cooperative association shall comply with all lawful and reasonable safety requirements and the laws of the state of Idaho and nondiscriminatory ordinances of the city, town or village, as to the manner of constructing and maintaining electrical facilities therein.
History:
[61-333A, added 1963, ch. 269, sec. 2, p. 685; am. 1970, ch. 141, sec. 8, p. 417.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-333C - NONMUNICIPAL SERVICE ORGANIZATIONS PROHIBITED FROM EXTENDING SERVICE.

61-333C. NONMUNICIPAL SERVICE ORGANIZATIONS PROHIBITED FROM EXTENDING SERVICE. Nothing contained herein shall authorize any cooperative association or public utility having transmission lines presently within corporate limits of any municipal corporation, presently engaged in the sale of electrical energy to its citizens, to make any service connections within corporate limits of such municipal corporation from such transmission lines.
History:
[61-333C, added 1963, ch. 269, sec. 4, p. 685.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-334 - SPECIAL RULES OF INTERPRETATION.

61-334. SPECIAL RULES OF INTERPRETATION. Nothing contained in this act shall be construed to:
(1) Grant the commission jurisdiction over cooperatives or municipalities except as authorized in this act.
(2) Apply to controversies between two (2) or more public utilities.
(3) Preclude any electric supplier from extending electric service to its own property or facilities or to another electric supplier for resale, provided any line extension made under this clause shall not be considered in determining the right of electric suppliers to serve new service entrances under section 61-332C, Idaho Code.
(4) Abrogate or limit the authority of any municipality under any other statute or law with respect to the municipality providing electricity to the municipality or the consumers of the municipality within the boundaries of the municipality.
History:
[61-334, added 1970, ch. 141 sec. 10, p. 417; am. 2000, (1st Ex. Sess.), ch. 1, sec. 8, p. 7; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 19, pp. 9 and 12; am. 2001, ch. 29, sec. 9, p. 40.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-334A - REMEDIES FOR VIOLATION OF THIS ACT.

61-334A. REMEDIES FOR VIOLATION OF THIS ACT. (1) Any electric supplier or consumer whose rights under this act shall be violated or threatened with violation may file a complaint with the commission against an electric supplier and any other person responsible for the violation.
(2) After notice and opportunity for hearing, the commission shall make findings of fact and conclusions of law determining whether this act or any orders issued under this act have been violated or threatened to be violated and shall determine whether there is actual or threatened irreparable injury as to the electric supplier or consumer whose rights are violated or threatened with violation as a basis for granting relief.
(3) The relief to be granted under this section for violation of this act shall forbid further acts in violation of such orders, shall order the removal of any electric connections, facilities or equipment that constitute the violation, or a combination thereof necessary to enforce compliance with this act.
History:
[(61-334A) 61-334B, added 1970, ch. 141, sec. 12, p. 417; am. and redesig. 2000, (1st Ex. Sess.). ch. 1, sec. 10, p. 8; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 20, pp. 9 and 12; am. and redesig. 2001, ch. 29, sec. 11, p. 40.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-334B - COMMISSION SUPERVISION AND AUTHORITY.

61-334B. COMMISSION SUPERVISION AND AUTHORITY. (1) Upon a petition by an electric supplier or consumer for an exception to the provisions of section 61-332B or 61-332C(1)(a), (b) or (c), Idaho Code, the commission shall issue an order granting such request only upon finding that granting the request is consistent with the purposes of this act as set forth in section 61-332, Idaho Code.
(2) The commission shall have power to issue authorizations and orders requested under this act, or to refuse to issue the same, and may attach to any authorization and order as a condition of approval such terms and conditions as it determines are consistent with the purposes and provisions of this act.
(3) In all matters arising under this act, which are submitted to the commission for decision, order or review, the procedure shall be governed by chapters 6 and 7, title 61, Idaho Code, and the commission’s rules of procedure. Reconsideration of, appeal from, enforcement of, and stay of orders issued pursuant to this act shall be governed by law as for other orders of the commission in other matters.
History:
[61-334B, added 2000, (1st Ex. Sess.), ch. 1, sec. 11, p. 8; repealed and new section added 2000, (1st Ex. Sess.), ch. 1, secs. 13 and 21, pp. 9 and 12; repealed and new section added 2001, ch. 29, secs. 1 and 12, pp. 36 and 41.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-334C - ELECTRIC SUPPLIER IMMUNITY.

61-334C. ELECTRIC SUPPLIER IMMUNITY. No action under the Idaho competition act, chapter 1, title 48, Idaho Code, or any other provision or doctrine of law of the state of Idaho shall lie against an electric supplier for action or inaction that is in compliance with the provisions of this act or any commission order issued pursuant to this act.
History:
[61-334C, added 2000, (1st Ex. Sess.), ch. 1, sec. 12, p. 9; repealed 2000, (1st Ex. Sess.), ch. 1, sec. 13, p. 9; repealed and new section added 2001, ch. 29, sec. 13, p. 41.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-336 - ADDITIONAL AUTHORITIES OF ELECTRICAL OR NATURAL GAS CORPORATIONS.

61-336. ADDITIONAL AUTHORITIES OF ELECTRICAL OR NATURAL GAS CORPORATIONS. The commission may authorize any public utility that is an electrical or natural gas corporation to file and place into effect schedules establishing rates or charges for energy conservation measures, services or payments provided to individual property owners or customers. Application of the schedule shall be subject to agreement between the public utility and the property owner or customer receiving service at the time the conservation measures, services or payments are initially provided. The schedule may include provisions for the payment of the rates or charges over a period of time and for the application of the payment obligation to successive property owners or customers at the premises where the conservation measures or services were installed or performed or with respect to which the conservation payments were made. The public utility shall record a notice of the payment obligation with the county recorder in the county where the property is located. The commission may prescribe by rule other methods by which the public utility shall notify property owners or customers of any such payment obligation.
History:
[61-336, added 1993, ch. 218, sec. 1, p. 683.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 3 - DUTIES OF PUBLIC UTILITIES › Section 61-337 - FISH AND WILDLIFE MITIGATION INFORMATION.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 4 - REPORTS BY PUBLIC UTILITIES › Section 61-401 - INFORMATION TO BE FURNISHED.

61-401. INFORMATION TO BE FURNISHED. Every public utility shall furnish to the commission, in such form and such detail as the commission shall prescribe, all tabulations, computations and all other information required by it to carry into effect any of the provisions of this act and shall make answers to the best of their knowledge, to all questions submitted by the commission.
History:
[(61-401) 1913, ch. 61, sec. 26a, p. 248; reen. C.L. 106:76; C.S., sec. 2443; I.C.A., sec. 59-401.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 4 - REPORTS BY PUBLIC UTILITIES › Section 61-402 - INVENTORY OF PHYSICAL PROPERTIES.

61-402. INVENTORY OF PHYSICAL PROPERTIES. 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.
Every public utility shall file the inventory herein required within six (6) months after the approval of this section by the governor unless for just cause shown the commission may extend such time and shall file new, amended or supplemental inventories at such times thereafter as the commission may require.
History:
[(61-402) C.L. 106:76a, as added by 1919, ch. 179, sec. 1, p. 556; C.S., sec. 2444; I.C.A., sec. 59-402.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 4 - REPORTS BY PUBLIC UTILITIES › Section 61-403 - BLANKS — FILLING OUT BY UTILITY.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 4 - REPORTS BY PUBLIC UTILITIES › Section 61-404 - COPIES OF MAPS AND RECORDS TO BE FURNISHED.

61-404. COPIES OF MAPS AND RECORDS TO BE FURNISHED. Whenever required by the commission every public utility shall deliver to the commission copies of any and all maps, profiles, contracts, agreements, franchises, reports, books, accounts, papers and records in its possession or in any way relating to its property or affecting its business containing evidence relating to the merits of or pertinent to the hearing of any issue pending before the commission.
History:
[(61-404) 1913, ch. 61, sec. 26c, p. 248; reen. C.L. 106:78; C.S., sec. 2446; I.C.A., sec. 59-404.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 4 - REPORTS BY PUBLIC UTILITIES › Section 61-405 - ANNUAL REPORT.

61-405. ANNUAL REPORT. Every public utility shall file an annual report with the commission, verified by the oath of an officer thereof. The verification shall be to the best of said official’s knowledge, information and belief. The commission shall prescribe the form of such report and the character of the information to be contained therein, and may from time to time make such changes and such additions in regard to the form and contents thereof as it may deem proper, and on or before January first in each year shall furnish a blank form for such annual reports to every public utility. The contents of such reports and the form thereof shall conform, as nearly as may be, in the case of public utility subject to an act of congress, entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereof and supplementary thereto, to that required by the interstate commerce commission; and the commission may also require the report to contain such additional information as is reasonably practicable for the public utility to furnish in relation to rates or regulations concerning fares, rates, agreements or contracts affecting the same, so far as such rates or regulations pertain to transportation within this state. In case it is unable to give such information, it shall give a good and sufficient reason for such failure. When the report of such corporation is defective, or believed to be erroneous, the commission shall notify the corporation or person to amend the same within the time prescribed by the commission. The originals of the reports subscribed to and sworn to as prescribed by law, shall be filed on or before the fifteenth day of April in each year and preserved in the office of the commission. The commission may extend the time for making and filing such report for a period not exceeding sixty (60) days.
Provided, that the commission may in its discretion, prescribe an abbreviated or modified form for such annual report, to be used by persons or corporations who operate or control any plant or system for distributing electric current but who do not generate such current, or by persons or corporations who operate on a small scale or serve a small community of persons.
History:
[(61-405) 1913, ch. 61, sec. 27, p. 248; am. 1915, ch. 101, sec. 1, p. 239; compiled and reen. C.L. 106:80; C.S., sec. 2448; I.C.A., sec. 59-405; am. 1953, ch. 71, sec. 1, p. 92.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 4 - REPORTS BY PUBLIC UTILITIES › Section 61-406 - COMPLIANCE WITH COMMISSION’S ORDERS.

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.]
2023 Idaho Code › Title 61 - PUBLIC UTILITY REGULATION › Chapter 5 - POWERS AND DUTIES OF PUBLIC UTILITIES COMMISSION › Section 61-501 - INVESTMENT OF AUTHORITY.

61-501. INVESTMENT OF AUTHORITY. The public utilities commission is hereby vested with power and jurisdiction to supervise and regulate every public utility in the state and to do all things necessary to carry out the spirit and intent of the provisions of this act.
History:
[(61-501) 1913, ch. 61, sec. 29, p. 248; reen. C.L. 106:82; C.S., sec. 2450; I.C.A., sec. 59-501.]