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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
756
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
PUBLIC
UTILITIES;
AMENDING
CHAPTER
3,
TITLE
61,
IDAHO
CODE,
BY
2
THE
ADDITION
OF
A
NEW
SECTION
61
-
335,
IDAHO
CODE,
TO
ESTABLISH
PROVI
-
3
SIONS
REGARDING
NEW
LARGE
LOADS;
AND
DECLARING
AN
EMERGENCY
AND
PROVID
-
4
ING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Chapter
3,
Title
61,
Idaho
Code,
be,
and
the
same
is
7
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
8
ignated
as
Section
61
-
335,
Idaho
Code,
and
to
read
as
follows:
9
61
-
335.
NEW
LARGE
LOADS
-
-
RATEPAYER
PROTECTION
AND
COST
RESPONSIBIL
-
10
ITY.
(1)
As
used
in
this
section:
1
1
(a)
"Commission"
means
the
Idaho
public
utilities
commission.
12
(b)
"Consumer"
has
the
same
meaning
as
provided
in
section
61
-
332A,
13
Idaho
Code.
14
(c)
"Cumulative
power
requirement"
means
the
maximum
contracted
de
-
15
mand,
expressed
in
megawatts.
16
(d)
"Electric
service"
has
the
same
meaning
as
provided
in
section
17
61
-
332A,
Idaho
Code.
18
(e)
"Electric
service
agreement"
or
"agreement"
means
a
written
con
-
19
tract
between
a
public
utility
and
a
new
large
load
consumer
that
spec
-
20
ifies
terms
of
electric
service,
including
but
not
limited
to
power
re
-
21
quirements,
rates,
minimum
billing
requirements,
collateral
require
-
22
ments,
contract
exit
fee,
stranded
cost
recovery
provisions,
and
con
-
23
ditions
for
capacity
adjustments,
and
that
is
consistent
with
this
sec
-
24
tion
and
rules
of
the
commission.
25
(f)
"Electric
supplier"
has
the
same
meaning
as
provided
in
section
26
61
-
332A,
Idaho
Code.
27
(g)(i)
"New
large
load"
means
any
electric
power
requirement
28
that:
29
1.
Is
expected
to
reach
or
actually
reaches
a
cumulative
30
power
requirement
of
twenty
(20)
megawatts
or
more
within
31
five
(5)
years
of
the
initial
start
date
for
a
new
service
32
entrance;
or
33
2.
Is
expected
to
increase
or
actually
increases
the
cumu
-
34
lative
power
requirement
by
twenty
(20)
megawatts
or
more
35
within
five
(5)
years
of
the
requested
start
date
for
the
in
-
36
crease
for
an
existing
service
entrance.
37
(ii)
An
increase
in
the
electric
power
requirement
of
an
exist
-
38
ing
service
entrance
whose
cumulative
power
requirement
exceeded
39
fifty
(50)
megawatts
as
of
January
1,
2000,
shall
not
be
considered
40
a
new
large
load.
41
2
(h)
"New
service
entrance"
has
the
same
meaning
as
provided
in
section
1
61
-
332A,
Idaho
Code.
2
(i)
"No
-
harm
test"
means
an
evaluation
conducted
by
the
commission
to
3
determine
the
impact
a
new
large
load
will
have
on
the
rates
of
existing
4
consumers.
5
(j)
"No
rate
increase"
means
no
increase
in
the
rates,
charges,
or
to
-
6
tal
bill
for
any
existing
class
of
consumers,
measured
in
nominal
terms,
7
relative
to
the
rates,
charges,
or
total
bill
that
would
prevail
absent
8
the
new
large
load.
9
(k)
"Public
utility"
has
the
same
meaning
as
provided
in
section
10
61
-
332A,
Idaho
Code.
1
1
(l)
"Service
entrance"
has
the
same
meaning
as
provided
in
section
12
61
-
332A,
Idaho
Code.
13
(2)
A
new
large
load
does
not
change
its
status
as
such
by
means
of
arti
-
14
fice,
including
by
splitting
its
load
among
more
than
one
(1)
electric
sup
-
15
plier
or
by
adding
additional
connections,
meters,
or
service
entrances
to
16
serve
an
otherwise
single
entity
or
enterprise.
17
(3)
A
public
utility
shall
not
provide
electric
service
to
a
new
large
18
load
or
acquire
resources
to
serve
a
new
large
load
unless
the
commission
ap
-
19
proves
an
electric
service
agreement
for
the
new
large
load
that
has
no
rate
20
increase,
is
just
and
reasonable
pursuant
to
sections
61
-
301
and
61
-
502,
21
Idaho
Code,
and
complies
with
this
section.
22
(4)
Prior
to
approving
a
new
or
amended
electric
service
agreement
for
23
any
new
large
load,
the
commission
shall
conduct
a
no
-
harm
test
to
determine
24
whether
service
to
the
new
large
load
may
increase
rates
for
existing
con
-
25
sumers.
26
(a)
The
no
-
harm
test
shall
compare
the
utility's
long
-
term
revenue
re
-
27
quirement
with
and
without
the
new
large
load
and
shall
include,
at
min
-
28
imum,
consideration
of
the
following:
29
(i)
All
incremental
costs
and
risks
associated
with
serving
the
30
new
large
load,
including
but
not
limited
to:
31
1.
All
new
and
existing
resources
required
to
serve
the
new
32
large
load;
33
2.
Reliability
impacts;
34
3.
Financial
and
operating
risk,
including
impacts
to
35
credit
ratings,
cost
of
equity,
cost
of
capital,
and
expo
-
36
sure
to
fuel
and
market
price
risk;
and
37
4.
Opportunity
costs
incurred
to
serve
the
new
large
load;
38
(ii)
Scenario
analysis
addressing
contract
and
operating
risks
39
that
may
materially
affect
the
revenue
requirement;
and
40
(iii)
Any
other
factors
the
commission
determines
reasonably
nec
-
41
essary
to
ensure
that
service
to
the
new
large
load
does
not
in
-
42
crease
rates
for
existing
consumers.
43
(b)
The
commission
shall
establish
a
process
to
ensure
a
consistent
44
methodology
for
applying
and
required
inputs
for
the
no
-
harm
test,
45
which
shall
allow
a
public
utility
to
develop
energy
service
agreements
46
for
new
large
loads
that
can
reasonably
be
expected
to
comply
with
the
47
no
-
harm
test.
48
(c)
The
applicant
for
new
large
load
service
shall
reimburse
the
com
-
49
mission
for
all
costs
of
conducting
the
no
-
harm
test.
50
3
(d)
The
public
utility
shall
provide
all
data
the
commission
determines
1
necessary
to
complete
the
no
-
harm
test.
2
(e)
If
the
commission
finds,
based
on
the
no
-
harm
test,
that
service
to
3
the
new
large
load
may
increase
rates
for
existing
consumers,
the
com
-
4
mission
shall
condition
approval
of
the
electric
service
agreement
for
5
the
new
large
load
on
the
inclusion
of
rates,
incremental
cost
-
recov
-
6
ery
riders,
minimum
monthly
bills,
contract
-
capacity
charges,
or
other
7
commission
-
approved
mechanisms
that
ensure
no
rate
increase
to
exist
-
8
ing
consumers
occurs
from
servicing
the
new
large
load.
9
(5)
At
least
every
three
(3)
years
from
the
agreement's
effective
date,
10
the
commission
shall
conduct
a
new
no
-
harm
test
for
the
new
large
load
in
each
1
1
general
rate
case
filed
by
the
public
utility
to
compare
the
prior
no
-
harm
12
test's
forecasted
costs
with
the
actual
costs
incurred
to
serve
the
new
large
13
load.
14
(a)
A
new
no
-
harm
test
shall
not
be
required
within
twelve
(12)
months
15
of
a
prior
no
-
harm
test
being
completed.
16
(b)
The
new
large
load
consumer
shall
reimburse
the
commission
for
all
17
costs
of
conducting
the
new
no
-
harm
test.
18
(c)
If
the
new
no
-
harm
test
indicates
that
the
new
large
load
has
harmed
19
or
would
harm
existing
consumers,
the
commission
shall
require
adjust
-
20
ments
to
the
electric
service
agreement
to
remove
potential
for
further
21
harm.
22
(6)
The
electric
service
agreement
shall
include
a
commission
-
approved
23
exit
fee
structure
to
ensure
that
an
exit
does
not
result
in
a
rate
increase
24
to
existing
consumers.
25
(7)
Any
electric
service
agreement
for
a
new
large
load
shall
require
26
the
new
large
load
to
furnish
financial
security,
in
a
form
and
amount
ap
-
27
proved
by
the
commission,
to
ensure
recovery
of
costs
incurred
by
the
public
28
utility
in
reliance
on
the
new
large
load's
contracted
power
requirement.
29
(a)
Such
security
shall
protect
against
stranded
investment
if
the
con
-
30
tracted
power
requirement
is
not
achieved.
31
(b)
Acceptable
forms
of
security
include
cash
deposits,
irrevocable
32
letters
of
credit,
third
-
party
guarantees,
or
other
instruments
au
-
33
thorized
by
the
commission.
Cash
deposits
shall
accrue
interest
at
a
34
rate
approved
by
the
commission
and
shall
be
refunded
in
accordance
with
35
standard
financial
practices
upon
fulfillment
of
contractual
obliga
-
36
tions.
37
(c)
In
approving
financial
security
instruments,
the
commission
shall
38
consider
the
creditworthiness
of
the
new
large
load
or
its
parent
39
company
or
affiliate
or
the
third
-
party
entity
providing
financial
se
-
40
curity,
the
duration
and
amount
of
the
security,
and
the
potential
for
41
stranded
investment.
42
(d)
A
new
large
load
may
request
a
reduction
in
its
contracted
power
43
requirement
during
the
term
of
the
electric
service
agreement,
and
the
44
commission
may
adjust
the
financial
security
required
of
the
new
large
45
load,
subject
to
conditions
approved
by
the
commission.
46
(8)
If
a
new
large
load
does
not
achieve
its
contracted
power
require
-
47
ment
within
a
commission
-
approved
ramp
schedule,
the
commission
may
require
48
modification
of
rates
or
security
to
avoid
cost
shifts
to
existing
con
-
49
sumers.
50
4
(9)
The
commission
may
promulgate
rules,
subject
to
legislative
ap
-
1
proval,
to
implement
the
provisions
of
this
section.
2
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
3
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
4
July
1,
2026.
5