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H0214aa....................................................by STATE AFFAIRS STRAY CURRENT AND VOLTAGE - Adds to existing law relating to stray current and voltage to require the Idaho Public Utilities Commission to promulgate certain rules; to provide for the review and revision of promulgated rules; to provide for claims; to provide for response by utilities; to provide for the exclusive initial jurisdiction of the commission, post-hearing commission requirements and orders; to provide for civil actions and damages; and to limit claims. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to St Aff 02/23 Rpt out - to Gen Ord 03/01 Rpt out amen - to engros 03/02 Rpt engros - 1st rdg - to 2nd rdg as amen 03/03 2nd rdg - to 3rd rdg as amen 03/08 3rd rdg as amen - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bradford, Field(18), Sali Floor Sponsor - Edmunson Title apvd - to Senate 03/09 Senate intro - 1st rdg - to St Aff 03/17 Rpt out - rec d/p - to 2nd rdg 03/18 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 29-0-5, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet NAYS -- None Absent and excused -- Burtenshaw, Coiner, Malepeai, Werk, Williams, (District 21 seat vacant) Floor Sponsor - McKenzie Title apvd - to House 03/22 To enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed - To Governor 03/28 Governor signed Session Law Chapter 189 Effective: 03/28/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 214 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO STRAY CURRENT AND VOLTAGE; AMENDING TITLE 61, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 8, TITLE 61, IDAHO CODE, TO PROVIDE LEGISLATIVE 4 FINDINGS AND PURPOSES, TO DEFINE TERMS, TO REQUIRE THE IDAHO PUBLIC UTILI- 5 TIES COMMISSION TO PROMULGATE CERTAIN RULES, TO PROVIDE FOR CLAIMS, TO 6 REQUIRE CERTAIN NOTICES AND TO PROVIDE FOR RESPONSE BY UTILITIES, TO PRO- 7 VIDE FOR THE EXCLUSIVE INITIAL JURISDICTION OF THE COMMISSION, TO SPECIFY 8 POST-HEARING COMMISSION REQUIREMENTS, TO PROVIDE FOR COMMISSION ORDERS AND 9 TO SPECIFY CONDITIONS RELATING TO COMMENCEMENT OF CERTAIN CIVIL ACTIONS, 10 TO PROVIDE FOR THE APPLICATION OF COMMISSION RULES OF PRACTICE AND PROCE- 11 DURE, TO PROVIDE FOR CIVIL ACTIONS, TO PROVIDE FOR DAMAGES AND TO LIMIT 12 CLAIMS; AND DECLARING AN EMERGENCY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Title 61, Idaho Code, be, and the same is hereby amended 15 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 16 ter 8, Title 61, Idaho Code, and to read as follows: 17 CHAPTER 8 18 STRAY CURRENT AND VOLTAGE REMEDIATION ACT 19 61-801. LEGISLATIVE FINDINGS AND PURPOSES. The legislature of the state 20 of Idaho finds that the efficient and safe distribution of electricity is 21 critical to the well-being of the citizens and the economy of the state, 22 including the business of agriculture, and that this enactment is necessary 23 for the protection of the public welfare and benefit. The legislature also 24 finds that the potential impact of stray current or voltage on dairy cows is a 25 matter of interest and concern to dairy producers with dairies situated near 26 and served by a multi-grounded wye electrical distribution system, which is 27 the type of distribution system used by utilities in this state. Scientific 28 research has established a level of stray current or voltage, at or below 29 which no effect on a dairy cow's behavior, health or milk production has been 30 shown. To provide for the continued, safe and efficient availability of elec- 31 tricity while addressing complaints regarding stray current or voltage, it is 32 necessary and appropriate to: establish a uniform preventive action level; 33 establish uniform procedures and protocols for measurements of stray current 34 or voltage; require, when necessary, that the sources of stray current or 35 voltage be identified; require, when necessary, adequate remediation; and 36 establish procedures for handling complaints. 37 61-802. DEFINITIONS. As used in this chapter, unless the context other- 38 wise requires: 39 (1) "Adequate remediation" means corrective action by a utility which 40 results in, and is reasonably likely to sustain, a reduction of stray current 41 or voltage attributable to the utility's distribution system of fifty percent 2 1 (50%) or less of the preventive action level. 2 (2) "Commission" means the Idaho public utilities commission as estab- 3 lished pursuant to section 61-201, Idaho Code. 4 (3) "Cow contact points" means any two (2) electrically conductive points 5 which a dairy cow may, in its normal environment, unavoidably and simulta- 6 neously contact. 7 (4) "Preventive action level" is stray current or voltage that is either: 8 (a) A steady-state, root mean square (rms), alternating current (AC) of 9 2.0 milliamp (mA) or more through a 500 ohm resistor connected between cow 10 contact points, as measured by a true rms meter; or 11 (b) A steady-state, rms, AC voltage of 1.0 volts or more, across (in par- 12 allel with) a 500 ohm resistor connected between cow contact points, as 13 measured by a true rms meter. 14 (5) "Steady-state" is the value of a current or voltage after an amount 15 of time where all transients have decayed to a negligible value. 16 (6) "Stray current or voltage" is: 17 (a) Any steady-state, 60 hertz (Hz) (including harmonics thereof), root 18 mean square (rms), alternating current (AC) of less than 20 milliamp (mA) 19 through a 500 ohm resistor connected between cow contact points, as mea- 20 sured by a true rms meter; or 21 (b) Any steady-state, 60 Hz (including harmonics thereof), rms, AC volt- 22 age of less than 10 volts, across (in parallel with) a 500 ohm resistor 23 connected between cow contact points, as measured by a true rms meter. 24 Stray current or voltage is a normal, inherent and unavoidable result of 25 electricity traveling through grounded electrical systems, including a 26 dairy producer's on-farm system and a utility's distribution system, which 27 systems are required by the national electrical code and the national 28 electrical safety code to be grounded to the earth to ensure continuous 29 safety and reliability. 30 (7) "Utility" means a public utility as defined in section 61-332A, Idaho 31 Code. 32 61-803. RULES. Within six (6) months of the effective date of this chap- 33 ter, the commission shall promulgate temporary rules and proposed rules, 34 referred to collectively in this chapter as "commission rules," establishing 35 uniform procedures and protocols for the measurement of stray current or volt- 36 age. Any measurements of stray current or voltage not made in compliance with 37 commission rules shall be inadmissible before the commission or in any civil 38 action. The commission rules shall be applicable to dairy producers, utili- 39 ties, and all persons or entities involved in any way in the measurement or 40 remediation of stray current or voltage in this state. 41 61-804. CLAIM -- NOTICE -- RESPONSE OF UTILITY. Any dairy producer in 42 this state who claims that its dairy cows are being affected by any form or 43 type of electrical energy allegedly attributable to a utility including, with- 44 out limitation, stray current or voltage, shall, as a condition precedent to 45 commencing any civil action against the utility, provide written notice 46 thereof to the utility. The notice shall specify why the dairy producer 47 believes its dairy cows are being affected by electrical energy attributable 48 to the utility. Within fourteen (14) days of receipt of such notice, the util- 49 ity shall take measurements at cow contact points at the dairy producer's 50 dairy to identify the existence and magnitude of stray current or voltage, if 51 any. If the utility finds a level of stray current or voltage at cow contact 52 points in excess of the preventive action level, the utility shall thereafter 53 promptly identify that portion, if any, of the stray current or voltage that 3 1 is attributable to the utility's distribution system. If that portion of the 2 stray current or voltage at cow contact points attributable to the utility's 3 distribution system exceeds fifty percent (50%) of the preventive action 4 level, the utility shall, within five (5) business days, commence and dili- 5 gently pursue to completion, remedial procedures which shall reduce, and are 6 reasonably likely to sustain, that portion of the stray current or voltage at 7 cow contact points attributable to the utility's distribution system to fifty 8 percent (50%) or less of the preventive action level. 9 61-805. COMMISSION -- JURISDICTION -- ORDERS. The commission shall have 10 exclusive, initial jurisdiction to determine whether a utility has complied 11 with the commission rules regarding measurement of stray current or voltage; 12 whether the utility's measurements demonstrated stray current or voltage at or 13 above the preventive action level; whether the utility has properly identified 14 that portion of the stray current or voltage at cow contact points attribut- 15 able to the utility's distribution system; and whether the utility has com- 16 plied with its remediation obligation under this chapter. 17 (1) If, after hearing, the commission determines that (a) the utility 18 complied with the commission rules regarding measurement of stray current or 19 voltage, and (b) the utility properly identified no stray current or voltage 20 in excess of the preventive action level, then the commission shall issue an 21 order that the utility has provided adequate service pursuant to section 22 61-302, Idaho Code. The commission's order thereon shall be binding on the 23 parties, subject only to the provisions of section 61-807, Idaho Code. 24 (2) If, after hearing, the commission determines that (a) the utility 25 complied with the commission rules regarding measurement of stray current or 26 voltage, (b) the utility properly identified stray current or voltage in 27 excess of the preventive action level, and (c) the utility properly identified 28 that the portion of stray current or voltage attributable to the utility's 29 distribution system was fifty percent (50%) or less of the preventive action 30 level, then the commission shall issue an order that the utility provided ade- 31 quate service pursuant to section 61-302, Idaho Code. The commission's order 32 thereon shall be binding on the parties, subject only to the provisions of 33 section 61-807, Idaho Code. 34 (3) If, after hearing, the commission determines that (a) the utility 35 complied with the commission rules regarding measurement of stray current or 36 voltage, (b) the utility properly identified stray current or voltage in 37 excess of the preventive action level, and (c) the utility properly identified 38 that the portion of stray current or voltage attributable to the utility's 39 distribution system exceeded fifty percent (50%) of the preventive action 40 level, then the commission shall thereafter determine the adequacy of the 41 utility's remediation efforts. The commission's order thereon shall be binding 42 on the parties, subject only to the provisions of section 61-807, Idaho Code. 43 If the dairy producer has complied with the notice provisions set forth in 44 section 61-804, Idaho Code, and the commission has made a determination that 45 the conditions set forth in this subsection are met, then the dairy producer 46 may, not later than one (1) year following completion of adequate remediation, 47 or one (1) year following the issuance of the commission's final order 48 thereon, whichever occurs later, commence a civil action seeking monetary dam- 49 ages against the utility. In any such civil action, damages shall be limited 50 as set forth in section 61-808, Idaho Code. 51 (4) If, after hearing, the commission determines that (a) the utility 52 failed to comply with the commission rules regarding measurement of stray cur- 53 rent or voltage, (b) the utility failed to properly identify, when required 54 pursuant to section 61-804, Idaho Code, to do so, that portion of stray cur- 4 1 rent or voltage attributable to the utility's distribution system, or (c) the 2 utility failed to provide adequate remediation, then the commission shall 3 order the utility to take measurements of stray current or voltage in confor- 4 mance with commission rules, or identify that portion of the stray current or 5 voltage attributable to the utility's distribution system and, if necessary, 6 to provide adequate remediation. The commission's order thereon shall be bind- 7 ing on the parties, subject only to the provisions of section 61-807, Idaho 8 Code. If the dairy producer complied with the notice provisions set forth in 9 section 61-804, Idaho Code, and the commission made a determination that the 10 portion of stray current or voltage attributable to the utility's distribution 11 system exceeded fifty percent (50%) of the preventive action level, then the 12 dairy producer may, not later than one (1) year following completion of ade- 13 quate remediation, or one (1) year following the issuance of the commission's 14 final order thereon, whichever occurs later, commence a civil action seeking 15 monetary damages against the utility. In any such civil action, damages shall 16 be limited as set forth in section 61-808, Idaho Code. 17 (5) If after hearing, the commission determines that a dairy producer 18 made or pursued a claim in bad faith or for purposes of harassment of the 19 utility, the commission shall require the dairy producer to pay the utility's 20 actual costs of investigation and defense. If, after hearing, the commission 21 determines that a utility acted in bad faith, or for purposes of harassment or 22 delay, the commission shall require the utility to pay the dairy producer's 23 actual costs of investigation, if any, and preparation and presentation of the 24 claim before the commission. The commission's order thereon shall be binding 25 on the parties, subject only to the provisions of section 61-807, Idaho Code. 26 61-806. COMMISSION -- RULES OF PRACTICE AND PROCEDURE. In all matters 27 arising under this chapter which are submitted to the commission for decision, 28 order or review, procedure shall be governed by the commission rules of prac- 29 tice and procedure. 30 61-807. CIVIL ACTIONS. No civil action may be commenced by a dairy pro- 31 ducer against a utility seeking damages or other relief allegedly due to 32 injury caused by stray current or voltage unless the dairy producer has com- 33 plied with the provisions of section 61-804, Idaho Code, and the commission 34 has issued an order pursuant to section 61-805, Idaho Code. In any civil 35 action against a utility for damages or other relief, after the dairy producer 36 has complied with the provisions of section 61-804, Idaho Code, and the com- 37 mission has issued an order pursuant to section 61-805, Idaho Code, the 38 commission's order shall be admissible in evidence in such civil action, and 39 any factual findings of the commission shall, subject to rebuttal, be presumed 40 by the trier of fact to be valid. 41 61-808. DAMAGES. In any civil action against a utility for damages pursu- 42 ant to this chapter, a dairy producer shall be limited to those damages which 43 (a) were incurred by the dairy producer during that period of time commencing 44 six (6) months prior to the dairy producer's provision of notice to the util- 45 ity and ending on the date of completion of adequate remediation, and (b) were 46 caused by that portion of the stray current or voltage attributable to the 47 utility's distribution system. 48 61-809. LIMITATION OF CLAIMS. No claim for nuisance may be asserted 49 against a utility for damages due to stray current or voltage. Claims against 50 a utility for damages due to stray current or voltage shall be limited to 51 claims of negligence, including in the case of a prior determination of the 5 1 commission pursuant to subsections (3) or (4) of section 61-805, Idaho Code, 2 negligence per se. In determining whether the utility was negligent, the 3 utility's conduct shall be judged using a standard of ordinary care under the 4 existing circumstances. 5 SECTION 2. 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Loertscher Seconded by Edmunson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 214 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, in line 36, following "age." insert: "The 3 commission shall review the rules from time to time, or upon petition to the 4 commission, to ensure that the uniform procedures and protocols continue to be 5 the most scientifically and technologically accurate and reliable means of 6 detecting stray current or voltage. If the commission determines that it is 7 appropriate to revise the rules because of advances in science or technology, 8 it is encouraged to do so by the adoption of temporary rules which would con- 9 fer a benefit on utilities and dairy producers by making better science avail- 10 able for the measurement of stray current or voltage."; on page 4, in line 38, 11 delete "action, and"; delete lines 39 and 40 and insert: "action."; and in 12 line 44, delete "six (6)" and insert: "twelve (12)". 13 CORRECTION TO TITLE 14 On page 1, in line 5, following "RULES," insert: "TO PROVIDE FOR THE 15 REVIEW AND REVISION OF PROMULGATED RULES,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 214, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO STRAY CURRENT AND VOLTAGE; AMENDING TITLE 61, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 8, TITLE 61, IDAHO CODE, TO PROVIDE LEGISLATIVE 4 FINDINGS AND PURPOSES, TO DEFINE TERMS, TO REQUIRE THE IDAHO PUBLIC UTILI- 5 TIES COMMISSION TO PROMULGATE CERTAIN RULES, TO PROVIDE FOR THE REVIEW AND 6 REVISION OF PROMULGATED RULES, TO PROVIDE FOR CLAIMS, TO REQUIRE CERTAIN 7 NOTICES AND TO PROVIDE FOR RESPONSE BY UTILITIES, TO PROVIDE FOR THE 8 EXCLUSIVE INITIAL JURISDICTION OF THE COMMISSION, TO SPECIFY POST-HEARING 9 COMMISSION REQUIREMENTS, TO PROVIDE FOR COMMISSION ORDERS AND TO SPECIFY 10 CONDITIONS RELATING TO COMMENCEMENT OF CERTAIN CIVIL ACTIONS, TO PROVIDE 11 FOR THE APPLICATION OF COMMISSION RULES OF PRACTICE AND PROCEDURE, TO PRO- 12 VIDE FOR CIVIL ACTIONS, TO PROVIDE FOR DAMAGES AND TO LIMIT CLAIMS; AND 13 DECLARING AN EMERGENCY. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Title 61, Idaho Code, be, and the same is hereby amended 16 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 17 ter 8, Title 61, Idaho Code, and to read as follows: 18 CHAPTER 8 19 STRAY CURRENT AND VOLTAGE REMEDIATION ACT 20 61-801. LEGISLATIVE FINDINGS AND PURPOSES. The legislature of the state 21 of Idaho finds that the efficient and safe distribution of electricity is 22 critical to the well-being of the citizens and the economy of the state, 23 including the business of agriculture, and that this enactment is necessary 24 for the protection of the public welfare and benefit. The legislature also 25 finds that the potential impact of stray current or voltage on dairy cows is a 26 matter of interest and concern to dairy producers with dairies situated near 27 and served by a multi-grounded wye electrical distribution system, which is 28 the type of distribution system used by utilities in this state. Scientific 29 research has established a level of stray current or voltage, at or below 30 which no effect on a dairy cow's behavior, health or milk production has been 31 shown. To provide for the continued, safe and efficient availability of elec- 32 tricity while addressing complaints regarding stray current or voltage, it is 33 necessary and appropriate to: establish a uniform preventive action level; 34 establish uniform procedures and protocols for measurements of stray current 35 or voltage; require, when necessary, that the sources of stray current or 36 voltage be identified; require, when necessary, adequate remediation; and 37 establish procedures for handling complaints. 38 61-802. DEFINITIONS. As used in this chapter, unless the context other- 39 wise requires: 40 (1) "Adequate remediation" means corrective action by a utility which 41 results in, and is reasonably likely to sustain, a reduction of stray current 2 1 or voltage attributable to the utility's distribution system of fifty percent 2 (50%) or less of the preventive action level. 3 (2) "Commission" means the Idaho public utilities commission as estab- 4 lished pursuant to section 61-201, Idaho Code. 5 (3) "Cow contact points" means any two (2) electrically conductive points 6 which a dairy cow may, in its normal environment, unavoidably and simulta- 7 neously contact. 8 (4) "Preventive action level" is stray current or voltage that is either: 9 (a) A steady-state, root mean square (rms), alternating current (AC) of 10 2.0 milliamp (mA) or more through a 500 ohm resistor connected between cow 11 contact points, as measured by a true rms meter; or 12 (b) A steady-state, rms, AC voltage of 1.0 volts or more, across (in par- 13 allel with) a 500 ohm resistor connected between cow contact points, as 14 measured by a true rms meter. 15 (5) "Steady-state" is the value of a current or voltage after an amount 16 of time where all transients have decayed to a negligible value. 17 (6) "Stray current or voltage" is: 18 (a) Any steady-state, 60 hertz (Hz) (including harmonics thereof), root 19 mean square (rms), alternating current (AC) of less than 20 milliamp (mA) 20 through a 500 ohm resistor connected between cow contact points, as mea- 21 sured by a true rms meter; or 22 (b) Any steady-state, 60 Hz (including harmonics thereof), rms, AC volt- 23 age of less than 10 volts, across (in parallel with) a 500 ohm resistor 24 connected between cow contact points, as measured by a true rms meter. 25 Stray current or voltage is a normal, inherent and unavoidable result of 26 electricity traveling through grounded electrical systems, including a 27 dairy producer's on-farm system and a utility's distribution system, which 28 systems are required by the national electrical code and the national 29 electrical safety code to be grounded to the earth to ensure continuous 30 safety and reliability. 31 (7) "Utility" means a public utility as defined in section 61-332A, Idaho 32 Code. 33 61-803. RULES. Within six (6) months of the effective date of this chap- 34 ter, the commission shall promulgate temporary rules and proposed rules, 35 referred to collectively in this chapter as "commission rules," establishing 36 uniform procedures and protocols for the measurement of stray current or volt- 37 age. The commission shall review the rules from time to time, or upon petition 38 to the commission, to ensure that the uniform procedures and protocols con- 39 tinue to be the most scientifically and technologically accurate and reliable 40 means of detecting stray current or voltage. If the commission determines that 41 it is appropriate to revise the rules because of advances in science or tech- 42 nology, it is encouraged to do so by the adoption of temporary rules which 43 would confer a benefit on utilities and dairy producers by making better sci- 44 ence available for the measurement of stray current or voltage. Any measure- 45 ments of stray current or voltage not made in compliance with commission rules 46 shall be inadmissible before the commission or in any civil action. The com- 47 mission rules shall be applicable to dairy producers, utilities, and all per- 48 sons or entities involved in any way in the measurement or remediation of 49 stray current or voltage in this state. 50 61-804. CLAIM -- NOTICE -- RESPONSE OF UTILITY. Any dairy producer in 51 this state who claims that its dairy cows are being affected by any form or 52 type of electrical energy allegedly attributable to a utility including, with- 53 out limitation, stray current or voltage, shall, as a condition precedent to 3 1 commencing any civil action against the utility, provide written notice 2 thereof to the utility. The notice shall specify why the dairy producer 3 believes its dairy cows are being affected by electrical energy attributable 4 to the utility. Within fourteen (14) days of receipt of such notice, the util- 5 ity shall take measurements at cow contact points at the dairy producer's 6 dairy to identify the existence and magnitude of stray current or voltage, if 7 any. If the utility finds a level of stray current or voltage at cow contact 8 points in excess of the preventive action level, the utility shall thereafter 9 promptly identify that portion, if any, of the stray current or voltage that 10 is attributable to the utility's distribution system. If that portion of the 11 stray current or voltage at cow contact points attributable to the utility's 12 distribution system exceeds fifty percent (50%) of the preventive action 13 level, the utility shall, within five (5) business days, commence and dili- 14 gently pursue to completion, remedial procedures which shall reduce, and are 15 reasonably likely to sustain, that portion of the stray current or voltage at 16 cow contact points attributable to the utility's distribution system to fifty 17 percent (50%) or less of the preventive action level. 18 61-805. COMMISSION -- JURISDICTION -- ORDERS. The commission shall have 19 exclusive, initial jurisdiction to determine whether a utility has complied 20 with the commission rules regarding measurement of stray current or voltage; 21 whether the utility's measurements demonstrated stray current or voltage at or 22 above the preventive action level; whether the utility has properly identified 23 that portion of the stray current or voltage at cow contact points attribut- 24 able to the utility's distribution system; and whether the utility has com- 25 plied with its remediation obligation under this chapter. 26 (1) If, after hearing, the commission determines that (a) the utility 27 complied with the commission rules regarding measurement of stray current or 28 voltage, and (b) the utility properly identified no stray current or voltage 29 in excess of the preventive action level, then the commission shall issue an 30 order that the utility has provided adequate service pursuant to section 31 61-302, Idaho Code. The commission's order thereon shall be binding on the 32 parties, subject only to the provisions of section 61-807, Idaho Code. 33 (2) If, after hearing, the commission determines that (a) the utility 34 complied with the commission rules regarding measurement of stray current or 35 voltage, (b) the utility properly identified stray current or voltage in 36 excess of the preventive action level, and (c) the utility properly identified 37 that the portion of stray current or voltage attributable to the utility's 38 distribution system was fifty percent (50%) or less of the preventive action 39 level, then the commission shall issue an order that the utility provided ade- 40 quate service pursuant to section 61-302, Idaho Code. The commission's order 41 thereon shall be binding on the parties, subject only to the provisions of 42 section 61-807, Idaho Code. 43 (3) If, after hearing, the commission determines that (a) the utility 44 complied with the commission rules regarding measurement of stray current or 45 voltage, (b) the utility properly identified stray current or voltage in 46 excess of the preventive action level, and (c) the utility properly identified 47 that the portion of stray current or voltage attributable to the utility's 48 distribution system exceeded fifty percent (50%) of the preventive action 49 level, then the commission shall thereafter determine the adequacy of the 50 utility's remediation efforts. The commission's order thereon shall be binding 51 on the parties, subject only to the provisions of section 61-807, Idaho Code. 52 If the dairy producer has complied with the notice provisions set forth in 53 section 61-804, Idaho Code, and the commission has made a determination that 54 the conditions set forth in this subsection are met, then the dairy producer 4 1 may, not later than one (1) year following completion of adequate remediation, 2 or one (1) year following the issuance of the commission's final order 3 thereon, whichever occurs later, commence a civil action seeking monetary dam- 4 ages against the utility. In any such civil action, damages shall be limited 5 as set forth in section 61-808, Idaho Code. 6 (4) If, after hearing, the commission determines that (a) the utility 7 failed to comply with the commission rules regarding measurement of stray cur- 8 rent or voltage, (b) the utility failed to properly identify, when required 9 pursuant to section 61-804, Idaho Code, to do so, that portion of stray cur- 10 rent or voltage attributable to the utility's distribution system, or (c) the 11 utility failed to provide adequate remediation, then the commission shall 12 order the utility to take measurements of stray current or voltage in confor- 13 mance with commission rules, or identify that portion of the stray current or 14 voltage attributable to the utility's distribution system and, if necessary, 15 to provide adequate remediation. The commission's order thereon shall be bind- 16 ing on the parties, subject only to the provisions of section 61-807, Idaho 17 Code. If the dairy producer complied with the notice provisions set forth in 18 section 61-804, Idaho Code, and the commission made a determination that the 19 portion of stray current or voltage attributable to the utility's distribution 20 system exceeded fifty percent (50%) of the preventive action level, then the 21 dairy producer may, not later than one (1) year following completion of ade- 22 quate remediation, or one (1) year following the issuance of the commission's 23 final order thereon, whichever occurs later, commence a civil action seeking 24 monetary damages against the utility. In any such civil action, damages shall 25 be limited as set forth in section 61-808, Idaho Code. 26 (5) If after hearing, the commission determines that a dairy producer 27 made or pursued a claim in bad faith or for purposes of harassment of the 28 utility, the commission shall require the dairy producer to pay the utility's 29 actual costs of investigation and defense. If, after hearing, the commission 30 determines that a utility acted in bad faith, or for purposes of harassment or 31 delay, the commission shall require the utility to pay the dairy producer's 32 actual costs of investigation, if any, and preparation and presentation of the 33 claim before the commission. The commission's order thereon shall be binding 34 on the parties, subject only to the provisions of section 61-807, Idaho Code. 35 61-806. COMMISSION -- RULES OF PRACTICE AND PROCEDURE. In all matters 36 arising under this chapter which are submitted to the commission for decision, 37 order or review, procedure shall be governed by the commission rules of prac- 38 tice and procedure. 39 61-807. CIVIL ACTIONS. No civil action may be commenced by a dairy pro- 40 ducer against a utility seeking damages or other relief allegedly due to 41 injury caused by stray current or voltage unless the dairy producer has com- 42 plied with the provisions of section 61-804, Idaho Code, and the commission 43 has issued an order pursuant to section 61-805, Idaho Code. In any civil 44 action against a utility for damages or other relief, after the dairy producer 45 has complied with the provisions of section 61-804, Idaho Code, and the com- 46 mission has issued an order pursuant to section 61-805, Idaho Code, the 47 commission's order shall be admissible in evidence in such civil action. 48 61-808. DAMAGES. In any civil action against a utility for damages pursu- 49 ant to this chapter, a dairy producer shall be limited to those damages which 50 (a) were incurred by the dairy producer during that period of time commencing 51 twelve (12) months prior to the dairy producer's provision of notice to the 52 utility and ending on the date of completion of adequate remediation, and (b) 5 1 were caused by that portion of the stray current or voltage attributable to 2 the utility's distribution system. 3 61-809. LIMITATION OF CLAIMS. No claim for nuisance may be asserted 4 against a utility for damages due to stray current or voltage. Claims against 5 a utility for damages due to stray current or voltage shall be limited to 6 claims of negligence, including in the case of a prior determination of the 7 commission pursuant to subsections (3) or (4) of section 61-805, Idaho Code, 8 negligence per se. In determining whether the utility was negligent, the 9 utility's conduct shall be judged using a standard of ordinary care under the 10 existing circumstances. 11 SECTION 2. An emergency existing therefor, which emergency is hereby 12 declared to exist, this act shall be in full force and effect on and after its 13 passage and approval.
STATEMENT OF PURPOSE RS 14989 This legislation establishes, for public utilities regulated by the Idaho Public Utilities Commission, a preventative action level for stray current or voltage which may affect dairy cows and requires the Idaho Public Utilities Commission to develop and adopt a standardized protocol which includes the preventative action level for use by all persons and entities to measure, investigate and, if necessary, remediate stray current or voltage on dairy farms. Compliance with the standardized protocol regarding measurement, investigation and remediation adopted by the Idaho Public Utilities Commission shall constitute the providing of adequate service by a public utility regulated by the Commission. Any party aggrieved by a determination of the Commission may pursue a civil action in which Commission findings will be admissible and presumed valid. Civil actions against regulated utilities for damages due to stray current or voltage are limited to negligence and negligence per se actions wherein the ordinary care under existing circumstances standard applies. This legislation limits the time within which damages actions must be filed and the time frame over which damages may accrue and further requires timely notice of claims of damages to the regulated utility. FISCAL NOTE There is no impact on the General Fund. The Idaho Public Utilities Commission is a self-sufficient regulatory agency which derives its funding from annual fees assessed against the public utilities it regulates. It is likely that the Commission will require additional funding to perform the additional functions described in this act. Contact Name: Mr. Rich Hahn, Idaho Power Company Phone: 208-388-2513 STATEMENT OF PURPOSE/FISCAL NOTE H 214