US Laws, Codes, Statutes & Cases

                                  TITLE  61
                          PUBLIC UTILITY REGULATION
                                  CHAPTER 6
                         PROCEDURE BEFORE COMMISSION
                                AND IN COURTS
    61-617A.  AWARD OF COSTS OF INTERVENTION. (1) It is hereby declared the
policy of this state to encourage participation at all stages of all
proceedings before the commission so that all affected customers receive full
and fair representation in those proceedings.
    (2)  The commission may order any regulated electric, gas, water or
telephone utility with gross Idaho intrastate annual revenues exceeding three
million five hundred thousand dollars ($3,500,000) to pay all or a portion of
the costs of one (1) or more parties for legal fees, witness fees, and
reproduction costs, not to exceed a total for all intervening parties combined
of forty thousand dollars ($40,000) in any proceeding before the commission.
The determination of the commission with regard to the payment of these
expenses shall be based on the following considerations:
    (a)  A finding that the participation of the intervenor has materially
    contributed to the decision rendered by the commission; and
    (b)  A finding that the costs of intervention are reasonable in amount and
    would be a significant financial hardship for the intervenor; and
    (c)  The recommendation made by the intervenor differed materially from
    the testimony and exhibits of the commission staff; and
    (d)  The testimony and participation of the intervenor addressed issues of
    concern to the general body of users or consumers.
    (3)  Expenses awarded to qualifying intervenors shall be an allowable
business expense in the pending rate case or, if the proceeding is not a rate
case, in the utility's next rate case. Expenses awarded shall be chargeable to
the class of customers represented by the qualifying intervenors.
    (4)  The commission may adopt rules for the implementation of this
statute.
    (5)  The payment of expenses of intervenors who are in direct competition
with a public utility involved in proceedings before the commission is
prohibited.