2002 Legislation
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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

Bill Text


                                                                        
                                                                        
  ||||              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-
 42    ited.

Statement of Purpose / Fiscal Impact


	               STATEMENT OF PURPOSE
                         RS 11858C1

	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.

                        FISCAL IMPACT


	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 
this ceiling.




Contact:
Name:	Senator Shawn Keough 332-1000 
        Rep. George Eskridge 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE		S 1373