Subpoenas (Rule 226)

01. Issuance of Subpoenas. Upon a motion in writing, or upon a Commissioner’s own initiative without motion, any Commissioner may issue subpoenas requiring: (3-31-22) a. The attendance of a witness from any place in Idaho; (3-31-22) b. The production of documents from any place in Idaho; or (3-31-22) c. The production of any books, accounts, papers or records of a utility or carrier kept within or without Idaho to any designated place of deposition, hearing or investigation for the purpose of taking testimony or examining documents before the Commission, a Commissioner or hearing examiner. (3-31-22) 02. Witness or Travel Fees. A party’s motion to issue a subpoena must be accompanied by a statement that the party will tender to the subpoenaed person all fees required by statute and rules if the subpoena is issued. (3-31-22) 03. Motions to Quash. The Commission upon motion to quash made promptly, and in any event, before the time to comply with the subpoena, may: (3-31-22) a. Quash the subpoena; or (3-31-22) b. Condition denial of the motion to quash upon reasonable terms. (3-31-22) 227. STATUTORY EXAMINATION AND AUDIT -- CONTRASTED WITH OTHER DISCOVERY (RULE 227). Statutory examination and audit refers to the right of the Commission, an individual Commissioner, or Commission Staff to review and inspect the books, records and premises of regulated utilities and carriers pursuant to statute. This right of statutory examination and audit is independent of any right of discovery in formal proceedings and may be exercised whether or not a formal proceeding is ongoing or a regulated utility or carrier is party to a formal proceeding before the Commission. Information obtained from statutory examination and audit may be used in formal proceedings or for any other regulatory purpose. The rights of deposition, production request or written interrogatory, request for admission, and subpoenas can be used by parties only in connection with formal proceedings before the Commission. (3-31-22) 228. ANSWERS TO PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND TO REQUESTS FOR ADMISSION (RULE 228). IDAHO ADMINISTRATIVE CODE IDAPA 31.01.01 Public Utilities Commission Rules of Procedure of the Idaho PUC Section 229 Page 36 01. When Answers Not Filed. Answers to production requests or written interrogatories and to requests for admission need not be filed and served in the following circumstances: (3-31-22) a. Voluminous answers may be filed in a depository designated and agreed to by the parties or designated by the Commission, and an explanation notifying the parties of the availability of the answers at the depository must be filed and served in their stead. (3-31-22) b. Answers involving data compiled by computer may be transmitted in computer-readable form (e.g., by disk or other mutually agreed means) to the party requesting them and to all other parties requesting them in similar computer-readable forms and an explanation notifying the parties of their distribution must be filed and served in their stead. (3-31-22) 02. Filing of Answers. Except as provided in Rule 228.01, answers to production requests or written interrogatories and to requests for admission must restate in full each question asked, then state in full the party’s response to the question and the persons who will be able to answer questions about or sponsor the answer at hearing. Answers to production requests or interrogatories need not be separately answered under oath by each person preparing the party’s response to the question or each witness who will be able to answer questions about or sponsor the answer, but instead can be generally subscribed by the party’s representative. The restatement of the question and its accompanying answer must begin on a new page whenever the preceding answer refers to other documents or whenever the preceding question in the particular production request or written interrogatory is not answered in full in that document. (3-31-22)