Current through September 2, 2024
Section 31.01.01.058 - CONSENT AGREEMENTS - DEFINED - FORM AND CONTENTS01.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.02.Form and Content of Consent Agreement. Consent agreements must state: a. The parties to the agreement; andb. The conduct proscribed or prescribed by the consent agreement. In addition, consent agreements may provide;c. The consequences of failure to abide by the consent agreement;d. For payment of civil or administrative penalties authorized by law;e. For payment of reparations of overcharges authorized by law;f. For loss of rights, licenses, awards or authority;g. For consent to adjustment of rates, charges, certificates, permits, tariffs, or other action as authorized by law; orh. That parties waive all further procedural rights (including hearing, consultation with counsel, etc.) with regard to enforcing the consent agreement.Idaho Admin. Code r. 31.01.01.058