Print Friendly SENATE BILL NO. 1373 – PUC, intervenors, costs
SENATE BILL NO. 1373
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S1373......................................................by STATE AFFAIRS
PUBLIC UTILITIES COMMISSION - INTERVENORS - Amends existing law relating to
proceedings of the Public Utilities Commission to require notice of the
opportunity to intervene; and to increase the maximum amount which may be
awarded for costs of intervenors.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1373
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PROCEEDINGS OF THE PUBLIC UTILITIES COMMISSION; AMENDING SECTION
3 61-617A, IDAHO CODE, TO REQUIRE NOTICE OF THE OPPORTUNITY TO INTERVENE, TO
4 INCREASE THE MAXIMUM AMOUNT WHICH MAY BE AWARDED FOR COSTS OF INTERVENORS,
5 AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 61-617A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 61-617A. AWARD OF COSTS OF INTERVENTION. (1) It is hereby declared the
10 policy of this state to encourage participation at all stages of all proceed-
11 ings before the commission so that all affected customers receive full and
12 fair representation in those proceedings.
13 (2) The commission shall establish procedures that ensure adequate notice
14 and explanation of the intervention process and the opportunity to apply for
15 intervention is given that allows for timely participation by affected custom-
16 ers. The procedures established shall provide for notices from the utilities
17 and the commission to the affected customers.
18 (3) The commission may order any regulated electric, gas, water or tele-
19 phone utility with gross Idaho intrastate annual revenues exceeding one mil-
20 lion five hundred thousand dollars ($1,500,000) to pay all or a portion of the
21 costs of one (1) or more parties for legal fees, witness fees, and reproduc-
22 tion costs, not to exceed a total for all intervening parties combined of
23 twenty-five one hundred thousand dollars ($ 25100,000) in any proceeding before
24 the commission. The determination of the commission with regard to the payment
25 of these expenses shall be based on the following considerations:
26 (a) A finding that the participation of the intervenor has materially
27 contributed to the decision rendered by the commission; and
28 (b) A finding that the costs of intervention are reasonable in amount and
29 would be a significant financial hardship for the intervenor; and
30 (c) The recommendation made by the intervenor differed materially from
31 the testimony and exhibits of the commission staff; and
32 (d) The testimony and participation of the intervenor addressed issues of
33 concern to the general body of users or consumers.
34 ( 34) Expenses awarded to qualifying intervenors shall be an allowable
35 business expense in the pending rate case or, if the proceeding is not a rate
36 case, in the utility's next rate case. Expenses awarded shall be chargeable to
37 the class of customers represented by the qualifying intervenors.
38 ( 45) The commission may adopt rules and regulations for the implementa-
39 tion of this statute.
40 ( 56) The payment of expenses of intervenors who are in direct competition
41 with a public utility involved in proceedings before the commission is prohib-
STATEMENT OF PURPOSE
It is the purpose of this legislation to allow for increased
involvement by the various classes of ratepayers in the intervener
process before the Idaho Public Utilities Commission.
The bill provides for enhanced notification of the
intervention opportunity and an increase in the amount of money
available to cover some of the costs of intervention.
There is no fiscal impact to the State General Fund. There
is a cost to the regulated utility, should the IPUC deem the
intervention appropriate. However, current code allows the IPUC
to levy up to $1,500,000 to utilities to cover this cost. This
bill merely raises the amount available to the consumer within
Name: Senator Shawn Keough 332-1000
Rep. George Eskridge 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1373