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H0147.........................................................by STATE AFFAIRS
UTILITY COMPANY - INTERVENOR COSTS - Amends existing law to increase the
revenue threshold for utilities before they pay the costs of intervenors; and
to increase the maximum award of intervenor funding in certain cases before
the Public Utilities Commission.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to St Aff
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 61-2-7
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy, Deal, Denney,
Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
Garrett, Harwood, Henbest, Jaquet, Kellogg, Lake, Langford, Langhorst,
Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Sayler,
Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker
NAYS -- Kulczyk, Sali
Absent and excused -- Barrett, Bieter, Collins, Eberle, Jones, Rydalch,
Wood
Floor Sponsor - Stevenson
Title apvd - to Senate
02/17 Senate intro - 1st rdg - to St Aff
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett,
Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Brandt, Davis
Floor Sponsor - Stegner
Title apvd - to House
02/28 To enrol
03/03 Rpt enrol - Sp signed
03/04 Pres signed
03/05 To Governor
03/11 Governor signed
Session Law Chapter 41
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 147
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE AWARD OF COSTS OF INTERVENTION BEFORE THE PUBLIC UTILITIES
3 COMMISSION; AMENDING SECTION 61-617A, IDAHO CODE, TO INCREASE THE REVENUE
4 THRESHOLD FOR UTILITIES BEFORE THEY PAY THE COSTS OF INTERVENORS, TO
5 INCREASE THE MAXIMUM AWARD OF INTERVENOR FUNDING IN CERTAIN CASES BEFORE
6 THE PUBLIC UTILITIES COMMISSION AND TO MAKE TECHNICAL CORRECTIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 61-617A, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 61-617A. AWARD OF COSTS OF INTERVENTION. (1) It is hereby declared the
11 policy of this state to encourage participation at all stages of all proceed-
12 ings before the commission so that all affected customers receive full and
13 fair representation in those proceedings.
14 (2) The commission may order any regulated electric, gas, water or tele-
15 phone utility with gross Idaho intrastate annual revenues exceeding one three
16 million five hundred thousand dollars ($13,500,000) to pay all or a portion of
17 the costs of one (1) or more parties for legal fees, witness fees, and repro-
18 duction costs, not to exceed a total for all intervening parties combined of
19 twenty-five forty thousand dollars ($2540,000) in any proceeding before the
20 commission. The determination of the commission with regard to the payment of
21 these expenses shall be based on the following considerations:
22 (a) A finding that the participation of the intervenor has materially
23 contributed to the decision rendered by the commission; and
24 (b) A finding that the costs of intervention are reasonable in amount and
25 would be a significant financial hardship for the intervenor; and
26 (c) The recommendation made by the intervenor differed materially from
27 the testimony and exhibits of the commission staff; and
28 (d) The testimony and participation of the intervenor addressed issues of
29 concern to the general body of users or consumers.
30 (3) Expenses awarded to qualifying intervenors shall be an allowable
31 business expense in the pending rate case or, if the proceeding is not a rate
32 case, in the utility's next rate case. Expenses awarded shall be chargeable to
33 the class of customers represented by the qualifying intervenors.
34 (4) The commission may adopt rules and regulations for the implementation
35 of this statute.
36 (5) The payment of expenses of intervenors who are in direct competition
37 with a public utility involved in proceedings before the commission is prohib-
38 ited.
STATEMENT OF PURPOSE
RS 12783
The bill amends Idaho Code 61-617A to increase the award of
intervenor funding before the Public Utilities Commission on
certain cases and increase the revenue threshold for utilities
before intervenor funding can be awarded. Intervenor funding has
always been awarded for information developed by parties outside
the PUC staff on issues that directly affect a rate payer. The
last increase in funding for this program was in 1994 when the
last general rate increase for electrical rates were completed.
FISCAL IMPACT
There is no fiscal impact to the general fund. There could be
minimal increase to the rate payer in the benefitting rate class
which would be offset in most cases by a rate savings generated
from the information provided in the case.
Contact
Name:Lynn Tominaga,
Executive Director
Idaho Irrigation Pumpers
Association
Phone: 208/381-0294
STATEMENT OF PURPOSE/FISCAL NOTE H 147