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ELECTRIC SUPPLIER STABILIZATION ACT........................by MR. SPEAKER
Requested by: Ways and Means Committee
ELECTRIC SUPPLIER STABILIZATION ACT - Amends, repeals and adds to existing
law to modify the Electric Supplier Stabilization Act to bring it into
conformity with principles articulated by the Ninth Circut Court of Appeals
in the 2000 decision of Snake River Valley Electric Association v. PacifiCorp
and State of Idaho.
12/08 House intro - 1st rdg - to printing
Rpt prt - to 2nd rdg
Rls susp - PASSED - 70-0-0
NAYS -- None
Absent and excused -- None
Senate intro - rls susp - PASSED - 30-2-3
NAYS -- Burtenshaw, Hawkins
Absent and excused -- Branch, Deide, Riggs
Title apvd - to House
To enrol - rpt enrol - Sp signed - Pres signed
To Governor
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Extraordinary Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 1 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO THE ELECTRIC SUPPLIER STABILIZATION ACT; TO PROVIDE A STATEMENT OF 3 INTENT; AMENDING SECTION 61-332, IDAHO CODE, TO CLARIFY THE PURPOSES OF 4 THE ELECTRIC SUPPLIER STABILIZATION ACT AND TO MAKE TECHNICAL CORRECTIONS; 5 AMENDING SECTION 61-332A, IDAHO CODE, TO REVISE DEFINITIONS, TO DELETE A 6 REFERENCE TO OBSOLETE MATERIAL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 7 SECTION 61-332B, IDAHO CODE, TO REQUIRE APPROVAL OF THE PUBLIC UTILITIES 8 COMMISSION FOR TRANSFERRING CONSUMERS; AMENDING SECTION 61-332C, IDAHO 9 CODE, TO PROVIDE PROVISIONS FOR SELECTING AN ELECTRIC SUPPLIER FOR NEW 10 ELECTRIC SERVICE ENTRANCES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 11 CHAPTER 3, TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-332D, 12 IDAHO CODE, TO SUPERVISE WHEELING SERVICES; AMENDING SECTION 61-333, 13 IDAHO CODE, TO REQUIRE ELECTRIC SERVICE TERRITORY CONTRACTS TO BE FILED 14 WITH AND APPROVED BY THE PUBLIC UTILITIES COMMISSION, TO PROVIDE FOR 15 NOTICE AND HEARING REGARDING CONTRACT APPROVAL AND TO MAKE TECHNICAL COR- 16 RECTIONS; AMENDING SECTION 61-334, IDAHO CODE, TO PROVIDE THAT THE PUBLIC 17 UTILITIES COMMISSION HAS CERTAIN AUTHORITY OVER ELECTRIC SUPPLIERS, TO 18 PROVIDE FOR APPLICATION OF PUBLIC UTILITIES LAW AND TO MAKE TECHNICAL COR- 19 RECTIONS; REPEALING SECTION 61-334A, IDAHO CODE; AMENDING SECTION 61-334B, 20 IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE FOR FILING A COMPLAINT 21 WITH THE PUBLIC UTILITIES COMMISSION, TO PROVIDE FOR NOTICE AND HEARINGS, 22 TO PROVIDE REMEDIES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 3, 23 TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-334B, IDAHO 24 CODE, TO PROVIDE COMMISSION SUPERVISION AND AUTHORITY; AMENDING CHAPTER 3, 25 TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-334C, IDAHO 26 CODE, TO PROVIDE ELECTRIC SUPPLIER IMMUNITY; REPEALING SECTIONS 61-332, 27 61-332A, 61-332B, 61-332C, 61-332D, 61-333, 61-334, 61-334A, 61-334B AND 28 61-334C, IDAHO CODE; AMENDING CHAPTER 3, TITLE 61, IDAHO CODE, BY THE 29 ADDITION OF A NEW SECTION 61-332, IDAHO CODE, TO PROVIDE THE PURPOSE OF 30 THE ELECTRIC SUPPLIER STABILIZATION ACT; AMENDING CHAPTER 3, TITLE 61, 31 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-332A, IDAHO CODE, TO PRO- 32 VIDE DEFINITIONS FOR THE ELECTRIC SUPPLIER STABILIZATION ACT; AMENDING 33 CHAPTER 3, TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-332B, 34 IDAHO CODE, TO PROVIDE THAT AN ELECTRIC SUPPLIER SHALL BE PROHIBITED FROM 35 SERVING CONSUMERS OR FORMER CONSUMERS OF ANOTHER SUPPLIER; AMENDING CHAP- 36 TER 3, TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-332C, 37 IDAHO CODE, TO PROVIDE RULES FOR SELECTING ELECTRIC SUPPLIERS FOR NEW 38 ELECTRIC SERVICE ENTRANCES; AMENDING CHAPTER 3, TITLE 61, IDAHO CODE, BY 39 THE ADDITION OF A NEW SECTION 61-333, IDAHO CODE, TO AUTHORIZE CONTRACTS 40 AMONG ELECTRIC SUPPLIERS TO RESOLVE TERRITORIES, CONSUMERS AND TO TRANSFER 41 FACILITIES; AMENDING CHAPTER 3, TITLE 61, IDAHO CODE, BY THE ADDITION OF A 42 NEW SECTION 61-334, IDAHO CODE, TO PROVIDE SPECIAL RULES OF INTERPRETA- 43 TION; AMENDING CHAPTER 3, TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW 44 SECTION 61-334A, IDAHO CODE, TO PROVIDE LEGAL RELIEF FOR AGGRIEVED ELEC- 45 TRIC CONSUMERS; AMENDING CHAPTER 3, TITLE 61, IDAHO CODE, BY THE ADDITION 46 OF A NEW SECTION 61-334B, IDAHO CODE, TO PROVIDE LEGAL REMEDIES FOR VIOLA- 2 1 TION OF THE ELECTRIC SUPPLIER STABILIZATION ACT; DECLARING AN EMERGENCY 2 FOR VARIOUS SECTIONS, PROVIDING A SUNSET CLAUSE FOR ONE SECTION AND PRO- 3 VIDING AN EFFECTIVE DATE FOR OTHER SECTIONS OF THIS ACT. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. LEGISLATIVE INTENT. The provision of a safe and reliable sup- 6 ply of electricity in a manner that prohibits the "pirating" of consumers and 7 discourages duplication of facilities is essential to the well-being of 8 Idaho's citizens and its economy. It was for these and other reasons that the 9 legislature passed the Electric Supplier Stabilization Act in 1970. The legis- 10 lature has been advised of federal antitrust litigation alleging that confor- 11 mance with the provisions of this act does not confer federal antitrust immu- 12 nity upon parties in compliance with the act. The legislature finds that a 13 negative judicial ruling would have the effect of repealing applicable provi- 14 sions of the act, undercutting the purposes for which this act was enacted. 15 It is and has been the intention of the legislature to confer antitrust 16 immunity upon parties acting in compliance with the act under what is known as 17 the state action doctrine. While the legislature believes that compliance with 18 the existing provisions of this act confers such immunity, it has determined 19 to amend the act to more fully address this issue. The legislature therefore 20 finds that it is in the public interest to enact the following amendments. 21 SECTION 2. That Section 61-332, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 61-332. PURPOSE OF ELECTRIC SUPPLIER STABILIZATION ACT.A.(1) This act 24 includes sections 61-332, 61-332A, 61-332B, 61-332C, 61-333, 61-334, 61-334A,25andthrough 61-334BC, Idaho Code,as herein enacted, section 61-333A, Idaho26Code, as herein amended, and sections 61-333B and 61-333C, Idaho Code, as27already enacted,and shall be referred to herein as "this act" and may be 28 cited and referred to as the "eElectricsSuppliersStabilizationaAct." 29B.(2) This actisand its amendments are designed to promote harmony 30 among and between electric suppliers furnishing electricity within the state 31 of Idaho, prohibit the "pirating" ofcustomersconsumers of another electric 32 supplier, discourage duplication of electric facilities, actively supervise 33 certain conduct of electric suppliers as it relates to this act, and stabilize 34 the territories andcustomersconsumers served with electricity by such elec- 35 tric suppliers. 36 SECTION 3. That Section 61-332A, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 61-332A. DEFINITIONS FOR ELECTRIC SUPPLIER STABILIZATION ACT. As used in 39 this act, unless the context requires otherwise: 40 (1.) "Public utility" means an electric utility regulated by the Idaho 41 public utilities commission. 42 (2.) "Cooperative" means a cooperative corporation furnishing electric 43 service in the state of Idaho to its consumer-members who own and operate the 44 cooperative. 45 (3.) "Municipality" means any municipal corporation or quasi-municipal 46 corporation furnishing electric service toits citizensthe consumers of the 47 municipality in the state of Idaho. 48 (4.) "Electric sSupplier" means any public utility, cooperative, or 49 municipality supplying or intending to supply electric service to a consumer. 3 1 (5.) "Electric service" means electricity furnished to an ultimate con- 2 sumer by an electric supplier. 3 (6.) "Consumer" is any person, firm, corporation, or other entity receiv- 4 ing or intending to receive electric service at a specific service entrance. 5 (7.) "Service entrance" means theentrance of electric service from6facilities of the supplier to the service equipment or utilization equipment7of the consumer. In determining "service entrance" reference shall be made to8the definition of "entrance of the service to the service equipment or utili-9zation equipment" as defined in the national electrical code of 1965location 10 on the consumer's property where the consumer's main disconnect switch, fuses 11 or other disconnect equipment exists, and which are intended to provide the 12 means of cutoff of the supply. 13 (8.) "New service entrance" means a service entrance not previously 14 served with electricity. A change, improvement, replacement, enlargement, or 15 change in location of a service entrance shall not be deemed a "new service 16 entrance" if utilized to serve any service or utilization equipment previously 17 served with electricity from the former service entrance, but for therules18 provisions of this act shall be deemed the former "service entrance." A change 19 in consumer shall not be construed to make an existing service entrance a "new 20 service entrance." A change, enlargement, or other modification of service or 21 utilization equipment served from an existing service entrance shall not be 22 construed to make it a "new service entrance." 23 (9.) "Transmission line," for the purposes of this act, means any elec- 24 tric line of an electric supplierforcarrying a voltage of sixty-nine (69) KV 25 or more. 26 (10.) "Service line," for the purposes of this act, means any single or 27 multi-phase electric line of an electric supplier used for carrying less than 28 sixty-nine (69) KV and used or capable of use to provide electric service for 29 a consumer. 30 (11.) "Existing service line" means any electric service line in existence 31 at the time of the event in question and constructed to supply a consumer that 32 could be lawfully served by that electric supplier under this act. It shall 33 not mean any service line constructed to obtain an advantage under this act, 34 or to evade its purpose or terms. 35 (12) "Commission" means the Idaho public utilities commission. 36 SECTION 4. That Section 61-332B, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 61-332B. ELECTRIC SUPPLIER PROHIBITED FROM SERVING CONSUMERS OR FORMER 39 CONSUMERS OF ANOTHER ELECTRIC SUPPLIER. No electric supplier shallconstruct40or extend facilities, nor make any electric connections, nor permit any con-41nections to be made to any of its facilities for the purpose of supplying42electric service nor shall itsupply or furnish electric service to any elec- 43 tric service entrance that is then or had at any time previously been lawfully 44 connected for electric service to facilities of another electric supplier,45without the written consent of such other electric supplier; provided, how-46ever, (a) such other electric supplier is then, or was previously the last47supplier, lawfully connected to said electric service entrance, and (b) such48other electric supplier is willing and able to provide adequate electric ser-49viceexcept as provided in this act. 50 SECTION 5. That Section 61-332C, Idaho Code, be, and the same is hereby 51 amended to read as follows: 4 1 61-332C.RULESPROVISIONS FOR SELECTING ELECTRIC SUPPLIER FOR NEW ELEC- 2 TRIC SERVICE ENTRANCES. (1) Inthe event more than one electric supplier is3willing and able to provide adequate electric service to a consumer at any new4electric service entrance, the following rules shalldetermining which elec- 5 tric supplier will provide electric service for a new service entrance, the 6 following provisions will govern: 71.(a) If no electric supplier has an existing service line within one 8 thousand three hundredandtwenty (1,320) feet(1,320 ft.)ofthea new 9 service entrance the consumer shall have the right of choice of electric 10 supplier. 112.(b) If only one (1) electric supplier has an existing service line 12 within one thousand three hundredandtwenty (1,320) feet(1,320 ft.)of 13 the new service entrance that electric supplier shall have the right to 14 serve the consumer at the new service entrance. 153.(c) If more than one (1) electric supplier has an existing service line 16 within one thousand three hundredandtwenty (1,320) feet(1,320 ft.)of 17 the new service entrance the electric supplier whose existing service line 18 is nearest the new service entrance shall have the right to serve the con- 19 sumer at the new service entrance. 204.(d) If more than one (1) electric supplier has an existing service line 21 within one thousand three hundredandtwenty (1,320) feet(1,320 ft.)of 22 the new service entranceand the existing service lines are equidistant23from the service entrance, orand it cannot be determined by proof which 24 service line is nearest the new service entrance, then the consumershall25have the right of choice of supplieror an electric supplier shall peti- 26 tion the commission for an order determining which electric supplier is 27 nearest the new service entrance. 28 (e) For purposes of this act distances shall mean the exact distance mea- 29 sured using standard land surveying practices as established by the board 30 of professional engineers and land surveyors of the state of Idaho. 31 (2) No electric supplier shall construct or extend facilities, nor make 32 any electric connections, nor permit any connection to be made from any of its 33 facilities to any new service entrance nor shall it supply electric service to 34 any new service entrance in violation of therules herein, without the written35consent of any electric supplier with a prior right under the rules to serve36the consumer at the new service locationsprovisions of this section, except 37 as ordered by the commission pursuant to this act. 38 SECTION 6. That Chapter 3, Title 61, Idaho Code, be, and the same is 39 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 40 ignated as Section 61-332D, Idaho Code, and to read as follows: 41 61-332D. WHEELING SERVICES. (1) An electric supplier shall not be 42 required to provide wheeling service over its system if such service results 43 in retail wheeling and/or a sham wholesale transaction. 44 (2) An electric supplier declining to furnish wheeling service pursuant 45 to this section shall petition the commission for review of the electric 46 supplier's action in respect to a request for such service. The commission 47 shall, upon notice and opportunity for hearing, review the electric supplier's 48 action for consistency with the purposes and provisions of this act, and issue 49 an order in accordance with its finding, ordering either that the wheeling 50 service shall, or shall not, be required. 51 SECTION 7. That Section 61-333, Idaho Code, be, and the same is hereby 52 amended to read as follows: 5 1 61-333. AUTHORIZING CONTRACTS AMONG ELECTRIC SUPPLIERS TO RESOLVE TERRI- 2 TORIES, CONSUMERS AND TO TRANSFER FACILITIES.A.(1) Any electric supplier may 3 contract in writing with any other electric supplier for the purpose of allo- 4 cating territories, consumers, and future consumers between the electric sup- 5 pliers and designating which territories and consumers are to be served by 6 which contracting electric supplier. The territories and consumers so allo- 7 cated and designated may include all or any portion of the territories and 8 consumers which are being served by any or all of the contracting electric 9 suppliers at the time the contract is entered into, or which could be economi- 10 cally served by the then existing facilities of any contracting electric sup- 11 plier, or by reasonable and economic extensions thereto. All such contracts 12 shall be filed with the commission. The commission shall, after notice and 13 opportunity for hearing, review and approve or reject contracts between coop- 14 eratives, between cooperatives and public utilities and between public utili- 15 ties. The commission shall, after notice and opportunity for hearing, review 16 and approve or reject contracts between municipalities and cooperatives, as 17 well as between municipalities and public utilities, provided however, the 18 commission shall have jurisdiction only over cooperatives and public utilities 19 in such approvals. The commission shall approve such contracts only upon 20 finding that the allocation of territories or consumers is in conformance with 21 the provisions and purposes of this act. 22B.(2) Any electric supplier may also contract in writing with any other 23 electric supplier for the sale, exchange, transfer, or lease of equipment or 24 facilities located within territory which is the subject of any allocation 25 contracted for under subsectionA hereof. C. Any(1) of this section and any 26 contract validly enteredpursuant to this sectioninto and approved by the 27 commission after notice and opportunity for hearing shall be binding and shall 28 be legally enforceable pursuant to this act, or by any other remedy provided 29 by law. 30 SECTION 8. That Section 61-334, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 61-334. SPECIAL RULES OF INTERPRETATION. Nothing contained in this act 33 shall be construed to: 34 (1.) GrantIdaho public utilitiesthe commission jurisdiction over coop- 35 eratives or municipalities except as authorized in this act. 36 (2.) Apply to controversies between two (2) or more public utilities. 37 (3.) Preclude any electric supplier from extending electric service to 38 its own property or facilities or to another electric supplier for resale, 39 provided any line extension made under this clause shall not be considered in 40 determining the right of electric suppliers to serve new service entrances 41 under section 61-332C, Idaho Code. 42 (4) Abrogate or limit the authority of any municipality under any other 43 statute or law with respect to the municipality providing electricity to the 44 municipality or the consumers of the municipality within the boundaries of the 45 municipality. 46 SECTION 9. That Section 61-334A, Idaho Code, be, and the same is hereby 47 repealed. 48 SECTION 10. That Section 61-334B, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 61-334BA.LEGALREMEDIES FOR VIOLATION OF THIS ACT.A.(1) Any electric 6 1 supplier or consumer whose rights under this act shall be violated or threat- 2 ened with violation, shall be entitled to injunctive relief against said3violation upon propermay file a complaintand proof in accordance with Idaho4rules of civil procedure in district court, against the otherwith the commis- 5 sion against an electric supplier and any other person responsible for the 6 violation. 7B.(2)In any suit for injunctive reliefAfter notice and opportunity for 8 hearing, the commission shall make findings of fact and conclusionsby the9court that any rules underof law determining whether this act or any orders 10 issued under this act have been violated or threatened to be violated and 11 shallrequire findings and conclusions by the court ofdetermine whether there 12 is actual or threatened irreparable injury as to the electric supplier or con- 13 sumer whose rights are violated or threatened with violation as a basis for 14equitable relief hereundergranting relief. 15C.(3) Theinjunctiverelief to be granted under this section for viola- 16 tion of this act shallbe negative in form, enjoiningforbid further acts in 17 violation of suchrulesorders, shallbe affirmative in form in requiring18 order the removal of any electric connections, facilities or equipment that 19 constitute the violation,and shall beor a combination thereof necessary to 20 enforce compliance with this act. 21D. Any aggrieved party may also pursue any other remedy provided by law.22 SECTION 11. That Chapter 3, Title 61, Idaho Code, be, and the same is 23 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 24 ignated as Section 61-334B, Idaho Code, and to read as follows: 25 61-334B. COMMISSION SUPERVISION AND AUTHORITY. (1) Upon a petition by an 26 electric supplier or consumer for an exception to the provisions of section 27 61-332B or 61-332C(1)(a), (b) or (c), Idaho Code, the commission shall issue 28 an order granting such request only upon finding that granting the request is 29 consistent with the purposes of this act as set forth in section 61-332, Idaho 30 Code. 31 (2) The commission shall have power to issue authorizations and orders 32 requested under this act, or to refuse to issue the same, and may attach to 33 any authorization and order as a condition of approval such terms and condi- 34 tions as it determines are consistent with the purposes and provisions of this 35 act. 36 (3) In all matters arising under this act, which are submitted to the 37 commission for decision, order or review, the procedure shall be governed by 38 chapters 6 and 7, title 61, Idaho Code, and the commission's rules of proce- 39 dure. Reconsideration of, appeal from, enforcement of, and stay of orders 40 issued pursuant to this act shall be governed by law as for other orders of 41 the commission in other matters. 42 SECTION 12. That Chapter 3, Title 61, Idaho Code, be, and the same is 43 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 44 ignated as Section 61-334C, Idaho Code, and to read as follows: 45 61-334C. ELECTRIC SUPPLIER IMMUNITY. No action under the Idaho competi- 46 tion act, chapter 1, title 48, Idaho Code, or any other provision or doctrine 47 of law of the state of Idaho shall lie against an electric supplier for action 48 or inaction that is in compliance with the provisions of this act or any com- 49 mission order issued pursuant to this act. 50 SECTION 13. That Sections 61-332, 61-332A, 61-332B, 61-332C, 61-332D, 7 1 61-333, 61-334, 61-334A, 61-334B and 61-334C, Idaho Code, be, and the same are 2 hereby repealed. 3 SECTION 14. That Chapter 3, Title 61, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 5 ignated as Section 61-332, Idaho Code, and to read as follows: 6 61-332. PURPOSE OF ELECTRIC SUPPLIER STABILIZATION ACT. (1) This act 7 includes sections 61-332, 61-332A, 61-332B, 61-332C, 61-333, 61-334, 61-334A 8 and 61-334B, Idaho Code, as herein enacted, and sections 61-333A, 61-333B and 9 61-333C, Idaho Code, as already enacted, and shall be referred to herein as 10 "this act" and may be cited and referred to as the "Electric Supplier Stabili- 11 zation Act." 12 (2) This act is designed to promote harmony among and between electric 13 suppliers furnishing electricity within the state of Idaho, prohibit the 14 "pirating" of customers of another supplier, discourage duplication of elec- 15 tric facilities, and stabilize the territories and customers served with elec- 16 tricity by such suppliers. 17 SECTION 15. That Chapter 3, Title 61, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 19 ignated as Section 61-332A, Idaho Code, and to read as follows: 20 61-332A. DEFINITIONS FOR ELECTRIC SUPPLIER STABILIZATION ACT. As used in 21 this act, unless the context requires otherwise: 22 (1) "Consumer" is any person, firm, corporation, or other entity receiv- 23 ing or intending to receive electric service at a specific service entrance. 24 (2) "Cooperative" means a cooperative corporation furnishing electric 25 service in the state of Idaho to its consumer-members who own and operate the 26 cooperative. 27 (3) "Electric service" means electricity furnished to an ultimate con- 28 sumer by a supplier. 29 (4) "Existing service line" means any electric service line in existence 30 at the time of the event in question and constructed to supply a consumer that 31 could be lawfully served by that supplier under this act. It shall not mean 32 any service line constructed to obtain an advantage under this act, or to 33 evade its purpose or terms. 34 (5) "Municipality" means any municipal corporation or quasi-municipal 35 corporation furnishing electric service to its citizens in the state of Idaho. 36 (6) "New service entrance" means a service entrance not previously served 37 with electricity. A change, improvement, replacement, enlargement or change in 38 location of a service entrance shall not be deemed a "new service entrance" if 39 utilized to serve any service or utilization equipment previously served with 40 electricity from the former service entrance, but for the rules of this act 41 shall be deemed the former "service entrance." A change in consumer shall not 42 be construed to make an existing service entrance a "new service entrance." A 43 change, enlargement, or other modification of service or utilization equipment 44 served from an existing service entrance shall not be construed to make it a 45 "new service entrance." 46 (7) "Public utility" means an electric utility regulated by the Idaho 47 public utilities commission. 48 (8) "Service entrance" means the entrance of electric service from facil- 49 ities of the supplier to the service equipment or utilization equipment of 50 the consumer. In determining "service entrance" reference shall be made to the 51 definition of "entrance of the service to the service equipment or utilization 8 1 equipment" as defined in the national electrical code of 1965. 2 (9) "Service line" means any electric line of a supplier for carrying 3 less than sixty-nine (69) KV and used or capable of use to provide electric 4 service for a consumer. 5 (10) "Supplier" means any public utility, cooperative, or municipality 6 supplying or intending to supply electric service to a consumer. 7 (11) "Transmission line" means any electric line of a supplier for carry- 8 ing a voltage of sixty-nine (69) KV or more. 9 SECTION 16. That Chapter 3, Title 61, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 61-332B, Idaho Code, and to read as follows: 12 61-332B. ELECTRIC SUPPLIER PROHIBITED FROM SERVING CONSUMERS OR FORMER 13 CONSUMERS OF ANOTHER SUPPLIER. No electric supplier shall construct or extend 14 facilities, nor make any electric connections, nor permit any connections to 15 be made to any of its facilities for the purpose of supplying electric service 16 nor shall it supply or furnish electric service to any electric service 17 entrance that is then or had at any time previously been connected for elec- 18 tric service to facilities of another electric supplier, without the written 19 consent of such other electric supplier; provided however: (1) such other 20 electric supplier is then, or was previously the last supplier, lawfully con- 21 nected to said electric service entrance; and (2) such other electric supplier 22 is willing and able to provide adequate electric service. 23 SECTION 17. That Chapter 3, Title 61, Idaho Code, be, and the same is 24 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 25 ignated as Section 61-332C, Idaho Code, and to read as follows: 26 61-332C. RULES FOR SELECTING ELECTRIC SUPPLIER FOR NEW ELECTRIC SERVICE 27 ENTRANCES. In the event more than one (1) electric supplier is willing and 28 able to provide adequate electric service to a consumer at any new electric 29 service entrance, the following rules shall govern: 30 (1) If no electric supplier has an existing service line within one thou- 31 sand three hundred twenty (1,320) feet of the new service entrance the con- 32 sumer shall have the right of choice of supplier. 33 (2) If only one (1) electric supplier has an existing service line within 34 one thousand three hundred twenty (1,320) feet of the new service entrance 35 that supplier shall have the right to serve the consumer at the new service 36 entrance. 37 (3) If more than one (1) electric supplier has an existing service line 38 within one thousand three hundred twenty (1,320) feet of the new service 39 entrance the supplier whose existing service line is nearest the new service 40 entrance shall have the right to serve the consumer at the new service 41 entrance. 42 (4) If more than one (1) electric supplier has an existing service line 43 within one thousand three hundred twenty (1,320) feet of the new service 44 entrance and the existing service lines are equidistant from the service 45 entrance, or it cannot be determined by proof which service line is nearest 46 the new service entrance, then the consumer shall have the right of choice of 47 supplier. 48 No electric supplier shall construct or extend facilities, nor make any elec- 49 tric connections, nor permit any connection to be made from any of its facili- 50 ties to any new service entrance nor shall it supply electric service to any 51 new service entrance in violation of the rules herein, without the written 9 1 consent of any electric supplier with a prior right under the rules to serve 2 the consumer at the new service locations. 3 SECTION 18. That Chapter 3, Title 61, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 5 ignated as Section 61-333, Idaho Code, and to read as follows: 6 61-333. AUTHORIZING CONTRACTS AMONG ELECTRIC SUPPLIERS TO RESOLVE TERRI- 7 TORIES, CONSUMERS AND TO TRANSFER FACILITIES. (1) Any electric supplier may 8 contract in writing with any other electric supplier for the purpose of allo- 9 cating territories, consumers, and future consumers between the suppliers and 10 designating which territories and consumers are to be served by which con- 11 tracting supplier. The territories and consumers so allocated and designated 12 may include all or any portion of the territories and consumers which are 13 being served by any or all of the contracting suppliers at the time the con- 14 tract is entered into, or which could be economically served by the then 15 existing facilities of any contracting supplier, or by reasonable and economic 16 extensions thereto. 17 (2) Any electric supplier may also contract in writing with any other 18 electric supplier for the sale, exchange, transfer or lease of equipment or 19 facilities located within territory which is the subject of any allocation 20 contracted for under subsection (1) of this section. 21 (3) Any contract validly entered pursuant to this section shall be bind- 22 ing and shall be legally enforceable pursuant to this act, or by any other 23 remedy provided by law. 24 SECTION 19. That Chapter 3, Title 61, Idaho Code, be, and the same is 25 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 26 ignated as Section 61-334, Idaho Code, and to read as follows: 27 61-334. SPECIAL RULES OF INTERPRETATION. Nothing contained in this act 28 shall be construed to: 29 (1) Grant Idaho public utilities commission jurisdiction over coopera- 30 tives or municipalities. 31 (2) Apply to controversies between two (2) or more public utilities. 32 (3) Preclude any electric supplier from extending electric service to its 33 own property or facilities or to another electric supplier for resale, pro- 34 vided any line extension made under this clause shall not be considered in 35 determining the right of suppliers to serve new service entrances under sec- 36 tion 61-332C, Idaho Code. 37 SECTION 20. That Chapter 3, Title 61, Idaho Code, be, and the same is 38 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 39 ignated as Section 61-334A, Idaho Code, and to read as follows: 40 61-334A. LEGAL RELIEF FOR AGGRIEVED ELECTRIC CONSUMER. (1) Any consumer 41 of electricity who feels aggrieved with his present electric service may apply 42 to the district court of the county of his residence for an order to show 43 cause why he should not be permitted to change supplier, and if the court 44 finds and concludes that the electric service is inadequate and will not 45 likely be made adequate or that the rates are unreasonable and will not likely 46 be made reasonable, the court may authorize the change to the new supplier. 47 (2) The present and prospective electric supplier shall both be made a 48 party to any suit under this section. 49 (3) This section and any order hereunder shall not be construed to grant 10 1 any franchise or right to a public utility or cooperative to commence electric 2 service within a municipality where it does not already have such franchise or 3 right. 4 SECTION 21. That Chapter 3, Title 61, Idaho Code, be, and the same is 5 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 6 ignated as Section 61-334B, Idaho Code, and to read as follows: 7 61-334B. LEGAL REMEDIES FOR VIOLATION OF THIS ACT. (1) Any electric sup- 8 plier whose rights under this act shall be violated or threatened with viola- 9 tion, shall be entitled to injunctive relief against said violation upon 10 proper complaint and proof in accordance with Idaho rules of civil procedure 11 in district court, against the other electric supplier and any other person 12 responsible for the violation. 13 (2) In any suit for injunctive relief findings and conclusions by the 14 court that any rules under this act have been violated or threatened to be 15 violated shall require findings and conclusions by the court of actual or 16 threatened irreparable injury as to the electric supplier whose rights are 17 violated or threatened with violation as a basis for equitable relief hereun- 18 der. 19 (3) The injunctive relief to be granted under this section for violation 20 of this act shall be negative in form, enjoining further acts in violation of 21 such rules, shall be affirmative in form in requiring removal of any electric 22 connections, facilities or equipment that constitute the violation and shall 23 be a combination thereof necessary to enforce compliance with this act. 24 (4) Any aggrieved party may also pursue any other remedy provided by law. 25 SECTION 22. An emergency existing therefor, which emergency is hereby 26 declared to exist, Sections 1 through 12 of this act shall be in full force 27 and effect on and after its passage and approval; Section 1 of this act shall 28 be null, void and of no force and effect on and after March 1, 2001; and Sec- 29 tions 13 through 21 of this act shall be in full force and effect on and after 30 March 1, 2001.
STATEMENT OF PURPOSE
RS 10574C3
This Legislation will clarify that the purpose of the Electric
Supplier Stabilization Act is to confer certain immunities,
including antitrust immunity, upon electric suppliers who are in
compliance with the Act. The Legislation will provide the Idaho
Public Utilities Commission with active supervisory authority over
certain electric supplier contracts, including contracts for
wheeling services. The provisions of this Legislation shall be
effective upon passage and approval, and shall be null and void on
and after March 1, 2001, at which time the original provisions of
the Act will again be effective unless further amended or repealed
by legislative enactment.
FISCAL NOTE
There should be no impact on the General Fund or other state
government funds.
CONTACT:
Representative Bruce Newcomb
Senator Robert Geddes
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H1