Consent Agreements -- Defined -- Form And Contents (Rule 58)

01. Definition of Consent Agreement. Agreements between a regulated utility or carrier and the Commission Staff, a customer or another utility or regulated carrier in which one (1) or more parties agree prospectively to engage in certain conduct mandated by statute, rule, order, tariff, or other provision of law, or to refrain from engaging in certain conduct prohibited by statute, rule, order, tariff, or other provision of law, are called “consent agreements.” Consent agreements are intended to require compliance with existing law. Settlements of differing positions in ongoing cases under Rules 271 through 277 in the development of new rules, orders, tariffs, etc., are not consent agreements. (3-31-22) 02. Form and Content of Consent Agreement. Consent agreements must state: (3-31-22) a. The parties to the agreement; and (3-31-22) b. The conduct proscribed or prescribed by the consent agreement. In addition, consent agreements may provide; (3-31-22) c. The consequences of failure to abide by the consent agreement; (3-31-22) d. For payment of civil or administrative penalties authorized by law; (3-31-22) e. For payment of reparations of overcharges authorized by law; (3-31-22) f. For loss of rights, licenses, awards or authority; (3-31-22) g. For consent to adjustment of rates, charges, certificates, permits, tariffs, or other action as authorized by law; or (3-31-22) h. That parties waive all further procedural rights (including hearing, consultation with counsel, etc.) with regard to enforcing the consent agreement. (3-31-22) 059. -- 060. (RESERVED) FILING, SERVICE, AMENDMENT AND WITHDRAWAL OF DOCUMENTS (Rules 61-70) 061. FILING DOCUMENTS WITH THE COMMISSION -- NUMBER OF COPIES -- DISCOVERY -- ELECTRONIC FILING (RULE 61). The following numbers of documents shall be filed with the Commission Secretary: (3-31-22) 01. Printed Filings. When filing printed material: (3-31-22) a. In utilities cases (other than those cases specified in Subsections 061.01.b. and 061.01.c. of this rule): (3-31-22) i. Pleadings (applications, petitions, complaints, motions, answers and consent agreements)--an original (unbound and unstapled) and seven (7) copies. (3-31-22) IDAHO ADMINISTRATIVE CODE IDAPA 31.01.01 Public Utilities Commission Rules of Procedure of the Idaho PUC Section 062 Page 17 ii. Briefs, proposed orders, statements of position, and exceptions under Rule 312--an original (unbound and unstapled) and seven (7) copies. (3-31-22) iii. Prepared testimony and exhibits--nine (9) copies (one (1) copy designated as reporter’s copy) plus CD-ROM as required by Rule 231.05. (3-31-22) b. Security issuance cases: (3-31-22) i. Pleadings--an original (unbound and unstapled) and four (4) copies. (3-31-22) ii. Other documents except for discovery-related documents -- three (3) copies. (3-31-22) c. Telecommunication interconnection agreements: (3-31-22) i. Pleadings--an original (unbound and unstapled) and three (3) copies. (3-31-22) ii. All other documents -- two (2) copies. (3-31-22) 02. Filing Discovery. Discovery-related documents shall be filed in printed or electronic format. (3-31-22) a. If printed filing -- three (3) copies to the Commission Secretary. (3-31-22) 03. Electronic Filings. Subject to Rules 61.04, all fillings may be filed electronically with the Commission Secretary as an attachment to an e-mail or on a CD-ROM. The electronic document shall be in a computer searchable form of Adobe Acrobat (PDF) without password protection. (3-31-22) 04. Commission Secretary’s Authority to Require Printed Filings. The Commission Secretary is authorized to require an electronic filing be also filed in printed form. The Commission Secretary may specify the number of printed copies. (3-31-22)