Study of the Impacts of Regulations Affecting the Acceptance of Integrated Community Energy Systems: Public Utility, Energy Facility Siting and Municipal Franchising Regulatory Programs in Idaho. Preliminary Background Report

摘要

The Idaho state legislature has created the Idaho Public Utilities Commission and has given the Commission the power and jurisdiction to supervise and regulate every public utility in the state. The Commission is comprised of three members appointed by the governor with the approval of the senate. Commissioners serve full time and are appointed for six year terms. No more than two of the members may be from the same political party. Title 61 of the Idaho Code, which establishes the Commission and delineates its powers, vests all regulatory responsibility in the Commission to the exclusion of local government. However, as an incident to their franchising power, municipalities may impose reasonable regulations on the use of their streets. The Idaho Supreme Court holds that the transfer of regulatory power over public utilities to the Commission did not diminish the powers and duties of municipalities to control and maintain their streets and alleys. Limited statutory authority also exists giving municipalities the power to regulate the fares, rates, rentals, or charges made for the service rendered under any franchise granted in such city, except such as are subject to regulation by the Public Utilities Commission. With the exception of this limited power, the Commission is the sole agency having regulatory power over Idaho public utilities. Public utility regulatory statutes, energy facility siting programs, and municipal franchising authority are examined to identify how they may impact on the ability of an organization, whether or not it be a regulated utility, to construct and operate an ICES. (ERA citation 05:019048)