Idaho Certificate of Convenience and Necessity (7-ID-c)
Certificate of Convenience and Necessity Process
7-ID-c.1 - Certificate of Convenience and Necessity Application
The Certificate of Convenience and Necessity Application includes:
- Name, address, and form of business (if new utility);
- if the applicant is a sole proprietor, a partnership, or corporation (if new utility);
- a written explanation of why the proposed utility service is or will be in the public convenience and necessity;
- a full description of the proposed operations;
- maps showing the location of the utility service and its relation to other public utilities;
- a financing statement; and
- an estimated cost of service.
7-ID-c.2 – Issue Notice to All Interested Persons
The Idaho PUC must issue notice of a Certificate of Convenience and Necessity Application to all interested persons in all cases in which formal consideration of the application is required or in which the PUC intends to conduct formal proceedings to consider the application under IDAPA 31.01.01.113.
7-ID-c.3 – Does the PUC Find that the Public Interest Requires a Hearing
The PUC may preliminarily find that the public interest does not require a hearing to consider the issues presented in a proceeding and that the proceeding may be processed under modified procedure (i.e. by written submissions rather than a hearing) under IDAPA 31.01.01.201.
7-ID-c.4 – Issue Notice of Modified Procedure
When the PUC finds that it may not be in the public interest to hold a hearing in the matter, the PUC issues a Notice of Modified Procedure. The Notice of Modified Procedure includes:
- A description of the issues presented in the proceeding;
- A summary of the moving party’s justification for the modified procedure;
- A statement that the PUC finds that it may not be in the public interest to hold a hearing in the proceeding and will not do so unless it receives written protests and comments opposing the use of the modified procedure and the reason why the PUC should not use the modified procedure; and
- A deadline for filing written protests or comments, and a reply by the moving party.
The Notice of Modified Procedure is distributed to all interested persons, including newspapers, municipalities, counties, and chambers of commerce located within the territorial scope of the application, petition, or complaint. IDAPA 31.01.01.202.
7-ID-c.5 – Does the PUC Accept a Request for a Hearing by a Person Affected by the Proposal
Any person affected by the proposal for a Modified Procedure has 21 days after the PUC issues the Notice of Modified Procedure to file a protest or comment requesting a hearing. If the PUC receives no protests or comments within the deadline, the PUC may consider the matter without a hearing. If protests or comments are filed within the deadline, the PUC considers the protests or comments and then decides whether to hold a public hearing or issue the decision based on the application and written submissions. IDAPA 31.01.01.203.
7-ID-c.6 – Review Application and Written Submissions
If the PUC decides not to hold a hearing, the PUC reviews the Certificate of Convenience and Necessity Application and written submission and determines whether to issue a Certificate of Convenience and Necessity.
7-ID-c.7 – Issue Notice of Pre-hearing Conference
If the PUC finds that the public interest requires a hearing, the PUC issues a notice of pre-hearing conference at least 14 days before the conference, unless the PUC finds by order that the public necessity requires the conference to be held earlier. The notice of pre-hearing conference must list the place, date, and hour of a pre-hearing conference. IDAPA 31.01.01.212.
7-ID-c.8 – Hold Pre-hearing conference
The PUC, developer, and all interested parties hold a pre-hearing conference to formulate or simplify the issues, obtain concessions of fact, or identity documents to avoid unnecessary proof, discovery scheduling, or exchange of proposed exhibits and prepared testimony. The parties also discuss settlement offers or make settlement offers and address other matters that may expedite the proceedings. IDAPA 31.01.01.211.
7-ID-c.9 – Issue Notice of Hearing
The PUC issues notice of the hearing, which lists the names of the parties, the case number, and the name of the hearing officer who will conduct the hearing if the case will not be heard by one or more PUC Commissioners. IDAPA 31.01.01.241.
7-ID-c.10 – Hold Public Hearing
The PUC holds a public hearing open to the public except when a hearing may be partially closed to safeguard trade secrets or other confidential information protected from public disclosure. The PUC may hold hearings in person or by telephone or television or other electronic means, if each participant to the hearing has an opportunity to participate in the entire proceeding. IDAPA 31.01.01.243.
7-ID-c.11 – Certificate of Convenience and Necessity
If the PUC determines the project is for the public convenience and necessity the PUC issues a Certificate of Convenience and Necessity.
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