61-801. LEGISLATIVE FINDINGS AND PURPOSES. The legislature of the state of Idaho finds that the efficient and safe distribution of electricity is critical to the well-being of the citizens and the economy of the state, including the business of agriculture, and that this enactment is necessary for the protection of the public welfare and benefit. […]
61-802. DEFINITIONS. As used in this chapter, unless the context otherwise requires: (1) "Adequate remediation" means corrective action by a utility which results in, and is reasonably likely to sustain, a reduction of stray current or voltage attributable to the utility’s distribution system of fifty percent (50%) or less of the preventive action level. (2) […]
61-803. RULES. Within six (6) months of the effective date of this chapter, the commission shall promulgate temporary rules and proposed rules, referred to collectively in this chapter as "commission rules," establishing uniform procedures and protocols for the measurement of stray current or voltage. The commission shall review the rules from time to time, or […]
61-804. CLAIM — NOTICE — RESPONSE OF UTILITY. Any dairy producer in this state who claims that its dairy cows are being affected by any form or type of electrical energy allegedly attributable to a utility including, without limitation, stray current or voltage, shall, as a condition precedent to commencing any civil action against the […]
61-805. COMMISSION — JURISDICTION — ORDERS. The commission shall have exclusive, initial jurisdiction to determine whether a utility has complied with the commission rules regarding measurement of stray current or voltage; whether the utility’s measurements demonstrated stray current or voltage at or above the preventive action level; whether the utility has properly identified that portion […]
61-806. COMMISSION — RULES OF PRACTICE AND PROCEDURE. In all matters arising under this chapter which are submitted to the commission for decision, order or review, procedure shall be governed by the commission rules of practice and procedure. History: [61-806, added 2005, ch. 189, sec. 1, p. 581.]
61-807. CIVIL ACTIONS. No civil action may be commenced by a dairy producer against a utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of section 61-804, Idaho Code, and the commission has issued an order pursuant to section […]
61-808. DAMAGES. In any civil action against a utility for damages pursuant to this chapter, a dairy producer shall be limited to those damages which (a) were incurred by the dairy producer during that period of time commencing twelve (12) months prior to the dairy producer’s provision of notice to the utility and ending on […]
61-809. LIMITATION OF CLAIMS. No claim for nuisance may be asserted against a utility for damages due to stray current or voltage. Claims against a utility for damages due to stray current or voltage shall be limited to claims of negligence, including in the case of a prior determination of the commission pursuant to subsections […]
