View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0142......................................................by STATE AFFAIRS
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 Circuit Court of
Appeals in the 2000 decision of Snake River Valley Electric Association v.
PacifiCorp and State of Idaho; to provide that any member of a cooperative
association that provides electric service may apply to the district court
of the county where the member's service entrance is located for a
determination that the cooperative association's charges for electric
service to that member are fair, just, reasonable and are not
discriminatory or preferential; to provide circumstances when the court
will remand the matter to the cooperative association; to provide that any
consumer of a municipal electric system may apply to the district court of
the county where the consumer's service entrance is located for a
determination that the municipality's charges for electric service to that
consumer are fair, just and reasonable and not discriminatory or
preferential; and to provide circumstances when the court will remand the
matter to the municipality.
02/02 House intro - 1st rdg - to printing
02/05 Rpt prt - to St Aff
02/09 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 69-0-1
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Marley, McKague, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Meyer
Floor Sponsor -- Stevenson
Title apvd - to Senate
02/16 Senate intro - 1st rdg - to St Aff
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Davis
Floor Sponsors -- Lee & Noh
Title apvd - to House
02/27 To enrol
02/28 Rpt enrol - Sp signed - Pres signed - to Governor
02/28 Governor signed
Session Law Chapter 29
Effective: 02/28/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 142
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE ELECTRIC SUPPLIER STABILIZATION ACT; REPEALING CHAPTER 1, LAWS
3 OF THE FIRST EXTRAORDINARY SESSION OF 2000; TO PROVIDE A STATEMENT OF
4 INTENT; AMENDING SECTION 61-332, IDAHO CODE, TO CLARIFY THE PURPOSES OF
5 THE ELECTRIC SUPPLIER STABILIZATION ACT AND TO MAKE TECHNICAL CORRECTIONS;
6 AMENDING SECTION 61-332A, IDAHO CODE, TO REVISE DEFINITIONS, TO DELETE A
7 REFERENCE TO OBSOLETE MATERIAL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
8 SECTION 61-332B, IDAHO CODE, TO REQUIRE APPROVAL OF THE PUBLIC UTILITIES
9 COMMISSION FOR TRANSFERRING CONSUMERS; AMENDING SECTION 61-332C, IDAHO
10 CODE, TO PROVIDE PROVISIONS FOR SELECTING AN ELECTRIC SUPPLIER FOR NEW
11 ELECTRIC SERVICE ENTRANCES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
12 CHAPTER 3, TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-332D,
13 IDAHO CODE, TO SUPERVISE WHEELING SERVICES; AMENDING SECTION 61-333,
14 IDAHO CODE, TO REQUIRE ELECTRIC SERVICE TERRITORY CONTRACTS TO BE FILED
15 WITH AND APPROVED BY THE PUBLIC UTILITIES COMMISSION, TO PROVIDE FOR
16 NOTICE AND HEARING REGARDING CONTRACT APPROVAL AND TO MAKE TECHNICAL COR-
17 RECTIONS; AMENDING SECTION 61-334, IDAHO CODE, TO PROVIDE THAT THE PUBLIC
18 UTILITIES COMMISSION HAS CERTAIN AUTHORITY OVER ELECTRIC SUPPLIERS, TO
19 PROVIDE FOR APPLICATION OF PUBLIC UTILITIES LAW AND TO MAKE TECHNICAL COR-
20 RECTIONS; REPEALING SECTION 61-334A, IDAHO CODE; AMENDING SECTION 61-334B,
21 IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE FOR FILING A COMPLAINT
22 WITH THE PUBLIC UTILITIES COMMISSION, TO PROVIDE FOR NOTICE AND HEARINGS,
23 TO PROVIDE REMEDIES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 3,
24 TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-334B, IDAHO
25 CODE, TO PROVIDE COMMISSION SUPERVISION AND AUTHORITY; AMENDING CHAPTER 3,
26 TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-334C, IDAHO
27 CODE, TO PROVIDE ELECTRIC SUPPLIER IMMUNITY; AMENDING SECTION 30-3-14,
28 IDAHO CODE, TO PROVIDE THAT ANY MEMBER OF A COOPERATIVE ASSOCIATION THAT
29 PROVIDES ELECTRIC SERVICE MAY APPLY TO THE DISTRICT COURT OF THE COUNTY
30 WHERE THE MEMBER'S SERVICE ENTRANCE IS LOCATED FOR A DETERMINATION THAT
31 THE COOPERATIVE ASSOCIATION'S CHARGES FOR ELECTRIC SERVICE TO THAT MEMBER
32 ARE FAIR, JUST AND REASONABLE AND ARE NOT DISCRIMINATORY OR PREFERENTIAL
33 AND TO PROVIDE CIRCUMSTANCES WHEN THE COURT WILL REMAND THE MATTER TO THE
34 COOPERATIVE ASSOCIATION; AMENDING SECTION 50-325, IDAHO CODE, TO PROVIDE
35 THAT ANY CONSUMER OF A MUNICIPAL ELECTRIC SYSTEM MAY APPLY TO THE DISTRICT
36 COURT OF THE COUNTY WHERE THE CONSUMER'S SERVICE ENTRANCE IS LOCATED FOR A
37 DETERMINATION THAT THE MUNICIPALITY'S CHARGES FOR ELECTRIC SERVICE TO THAT
38 CONSUMER ARE FAIR, JUST AND REASONABLE AND NOT DISCRIMINATORY OR PREFEREN-
39 TIAL, TO PROVIDE CIRCUMSTANCES WHEN THE COURT WILL REMAND THE MATTER TO
40 THE MUNICIPALITY AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN
41 EMERGENCY.
42 Be It Enacted by the Legislature of the State of Idaho:
43 SECTION 1. That Chapter 1, Laws of the First Extraordinary Session of
44 2000, be, and the same is hereby repealed.
2
1
2 SECTION 2. LEGISLATIVE INTENT. The provision of a safe and reliable sup-
3 ply of electricity in a manner that prohibits the "pirating" of consumers and
4 discourages duplication of facilities is essential to the well-being of
5 Idaho's citizens and its economy. It was for these and other reasons that the
6 legislature passed the Electric Supplier Stabilization Act in 1970. The legis-
7 lature has been advised of federal antitrust litigation alleging that confor-
8 mance with the provisions of this act does not confer federal antitrust immu-
9 nity upon parties in compliance with the act. The legislature finds that a
10 negative judicial ruling would have the effect of repealing applicable provi-
11 sions of the act, undercutting the purposes for which this act was enacted.
12 It is and has been the intention of the legislature to confer antitrust
13 immunity upon parties acting in compliance with the act under what is known as
14 the state action doctrine. While the legislature believes that compliance with
15 the existing provisions of this act confers such immunity, it has determined
16 to amend the act to more fully address this issue. The legislature therefore
17 finds that it is in the public interest to enact the following amendments.
18 It is the intent of the legislature in enacting Sections 14 and 15 of this
19 act that relevant court precedent in existence on the effective date of this
20 act be applicable in the interpretation of Sections 30-3-14 and 50-325, Idaho
21 Code. Such court precedent shall include, but not be limited to, Kiefer v.
22 City of Idaho Falls, 49 Idaho 458 (1930).
23 SECTION 3. That Section 61-332, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 61-332. PURPOSE OF ELECTRIC SUPPLIER STABILIZATION ACT. A.(1) This act
26 includes sections 61-332, 61-332A, 61-332B, 61-332C, 61-333, 61-334, 61-334A,
27 and through 61-334BC, Idaho Code, as herein enacted, section 61-333A, Idaho
28 Code, as herein amended, and sections 61-333B and 61-333C, Idaho Code, as
29 already enacted, and shall be referred to herein as "this act" and may be
30 cited and referred to as the "eElectric sSupplier sStabilization aAct."
31 B.(2) This act is and its amendments are designed to promote harmony
32 among and between electric suppliers furnishing electricity within the state
33 of Idaho, prohibit the "pirating" of customers consumers of another electric
34 supplier, discourage duplication of electric facilities, actively supervise
35 certain conduct of electric suppliers as it relates to this act, and stabilize
36 the territories and customers consumers served with electricity by such elec-
37 tric suppliers.
38 SECTION 4. That Section 61-332A, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 61-332A. DEFINITIONS FOR ELECTRIC SUPPLIER STABILIZATION ACT. As used in
41 this act, unless the context requires otherwise:
42 (1.) "Public utility" means an electric utility regulated by the Idaho
43 public utilities commission.
44 (2.) "Cooperative" means a cooperative corporation furnishing electric
45 service in the state of Idaho to its consumer-members who own and operate the
46 cooperative.
47 (3.) "Municipality" means any municipal corporation or quasi-municipal
48 corporation furnishing electric service to its citizens the consumers of the
49 municipality in the state of Idaho.
50 (4.) "Electric sSupplier" means any public utility, cooperative, or
51 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 the entrance of electric service from
6 facilities of the supplier to the service equipment or utilization equipment
7 of the consumer. In determining "service entrance" reference shall be made to
8 the definition of "entrance of the service to the service equipment or utili-
9 zation equipment" as defined in the national electrical code of 1965 location
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 the rules
18 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 supplier for carrying 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 5. 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 shall construct
40 or extend facilities, nor make any electric connections, nor permit any con-
41 nections to be made to any of its facilities for the purpose of supplying
42 electric service nor shall it supply 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,
45 without the written consent of such other electric supplier; provided, how-
46 ever, (a) such other electric supplier is then, or was previously the last
47 supplier, lawfully connected to said electric service entrance, and (b) such
48 other electric supplier is willing and able to provide adequate electric ser-
49 vice except as provided in this act.
50 SECTION 6. That Section 61-332C, Idaho Code, be, and the same is hereby
51 amended to read as follows:
4
1 61-332C. RULES PROVISIONS FOR SELECTING ELECTRIC SUPPLIER FOR NEW ELEC-
2 TRIC SERVICE ENTRANCES. (1) In the event more than one electric supplier is
3 willing and able to provide adequate electric service to a consumer at any new
4 electric service entrance, the following rules shall determining which elec-
5 tric supplier will provide electric service for a new service entrance, the
6 following provisions will govern:
7 1.(a) If no electric supplier has an existing service line within one
8 thousand three hundred and twenty (1,320) feet (1,320 ft.) of the a new
9 service entrance the consumer shall have the right of choice of electric
10 supplier.
11 2.(b) If only one (1) electric supplier has an existing service line
12 within one thousand three hundred and twenty (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.
15 3.(c) If more than one (1) electric supplier has an existing service line
16 within one thousand three hundred and twenty (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.
20 4.(d) If more than one (1) electric supplier has an existing service line
21 within one thousand three hundred and twenty (1,320) feet (1,320 ft.) of
22 the new service entrance and the existing service lines are equidistant
23 from the service entrance, or and it cannot be determined by proof which
24 service line is nearest the new service entrance, then the consumer shall
25 have the right of choice of supplier or 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 the rules herein, without the written
35 consent of any electric supplier with a prior right under the rules to serve
36 the consumer at the new service locations provisions of this section, except
37 as ordered by the commission pursuant to this act.
38 SECTION 7. 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 8. 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 find-
20 ing that the allocation of territories or consumers is in conformance with the
21 provisions and purposes of this act.
22 B.(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 subsection A hereof. C. Any (1) of this section and any
26 contract validly entered pursuant to this section into 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 9. 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.) Grant Idaho public utilities the 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 10. That Section 61-334A, Idaho Code, be, and the same is hereby
47 repealed.
48 SECTION 11. That Section 61-334B, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 61-334BA. LEGAL REMEDIES 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 said
3 violation upon proper may file a complaint and proof in accordance with Idaho
4 rules of civil procedure in district court, against the other with the com-
5 mission against an electric supplier and any other person responsible for the
6 violation.
7 B.(2) In any suit for injunctive relief After notice and opportunity for
8 hearing, the commission shall make findings of fact and conclusions by the
9 court that any rules under of law determining whether this act or any orders
10 issued under this act have been violated or threatened to be violated and
11 shall require findings and conclusions by the court of determine 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
14 equitable relief hereunder granting relief.
15 C.(3) The injunctive relief to be granted under this section for viola-
16 tion of this act shall be negative in form, enjoining forbid further acts in
17 violation of such rules orders, shall be affirmative in form in requiring
18 order the removal of any electric connections, facilities or equipment that
19 constitute the violation, and shall be or a combination thereof necessary to
20 enforce compliance with this act.
21 D. Any aggrieved party may also pursue any other remedy provided by law.
22 SECTION 12. 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 13. 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 14. That Section 30-3-14, Idaho Code, be, and the same is hereby
7
1 amended to read as follows:
2 30-3-14. JUDICIAL RELIEF. (1) If for any reason it is impractical or
3 impossible for any corporation to call or conduct a meeting of its members,
4 delegates or directors, or otherwise obtain their consent, in the manner pre-
5 scribed by its articles, bylaws or this act, then upon petition of a director,
6 officer, delegate, or member, the district court may order that such a meeting
7 be called or that a written ballot or other form of obtaining the vote of mem-
8 bers, delegates or directors be authorized, in such a manner as the court
9 finds fair and equitable under the circumstances.
10 (2) The court shall, in an order issued pursuant to this section, provide
11 for a method of notice reasonably designed to give actual notice to all per-
12 sons who would be entitled to notice of a meeting held pursuant to the arti-
13 cles, bylaws and this act, whether or not the method results in actual notice
14 to all such persons or conforms to the notice requirements that would other-
15 wise apply. In a proceeding under this section the court may determine who the
16 members or directors are.
17 (3) The order issued pursuant to this section may dispense with any
18 requirements relating to the holding of or voting at meetings or obtaining
19 votes, including any requirement as to quorums or as to the number or percent-
20 age of votes needed for approval, that would otherwise be imposed by the arti-
21 cles, bylaws or this act.
22 (4) Whenever practical, any order issued pursuant to this section shall
23 limit the subject matter of meetings or other forms of consent authorized to
24 items, including amendments to the articles or bylaws, the resolution of which
25 will or may enable the corporation to continue managing its affairs without
26 further resort to this section; provided however, that an order under this
27 section may also authorize the obtaining of whatever votes and approvals are
28 necessary for the dissolution, merger or sale of assets.
29 (5) Any meeting or other method of obtaining the vote of members, dele-
30 gates or directors conducted pursuant to an order issued under this section,
31 and that complies with all the provisions of such order, is for all purposes a
32 valid meeting or vote, as the case may be, and shall have the same force and
33 effect as if it complied with every requirement imposed by the articles,
34 bylaws and this act.
35 (6) Any member of a cooperative association that provides electric ser-
36 vice may apply to the district court of the county where the member's service
37 entrance is located for a determination that the cooperative association's
38 charges for electric service to that member are fair, just and reasonable and
39 are not discriminatory or preferential. In the event that the court determines
40 that the rate is not fair, just and reasonable or is discriminatory or prefer-
41 ential, the court shall remand the matter to the cooperative association to
42 alter or amend the rate in conformance with the standards set forth herein.
43 SECTION 15. That Section 50-325, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 50-325. POWER PLANTS -- POWER DISTRIBUTION. (1) Cities shall have author-
46 ity: to acquire, own, maintain and operate electric power plants, purchase
47 electric power, and provide for distribution to the residents of the city, and
48 to sell excess power subject to the provisions of section 50-327, Idaho Code.
49 (2) Any consumer of a municipal electric system may apply to the district
50 court of the county where the consumer's service entrance is located for a
51 determination that the municipality's charges for electric service to that
52 consumer are fair, just and reasonable and are not discriminatory or preferen-
8
1 tial. In the event that the court determines that the rate is not fair, just
2 and reasonable or is discriminatory or preferential, the court shall remand
3 the matter to the municipality to alter or amend such rate in conformance with
4 the determination of the court.
5 SECTION 16. An emergency existing therefor, which emergency is hereby
6 declared to exist, this act shall be in full force and effect on and after its
7 passage and approval.
STATEMENT OF PURPOSE
RS10858C3
This Legislation repeals House Bill No. 1 of the Extradordinary
Session of 2000 and 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 legislation also
permits members of cooperative associations or consumers of
municipal electric systems to apply to state district court for
a determination that cooperative's or municipality's charges for
electric service are fair, just and reasonable and are not
discriminatory or preferential. The provisions of this
Legislation shall be effective upon passage and approval.
FISCAL IMPACT
There should be no impact on the General Fund or other state
government funds.
Contact
Name: Rep. Bert Stevenson
Phone:332 1240
Name: Senator Robert Lee
Phone:332 1369
STATEMENT OF PURPOSE/FISCAL NOTE H 142