View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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 - 2005
IN 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 - 2005
Moved 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 - 2005
IN 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