Idaho Code

Idaho Code § 61-129 (2026)

Public utility.

✓ current as of May 2026

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Public utility.

The term "public utility" when used in this act includes every common carrier, pipeline corporation, gas corporation, electrical corporation, telephone corporation and water corporation, as those terms are defined in this chapter and each thereof is hereby declared to be a public utility and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this act. The term "public utility" as used in this act shall cover cases:

(1) Where the service is performed and the commodity delivered directly to the public or some portion thereof, and where the service is performed or the commodity delivered to any corporation or corporations, or any person or persons, who in turn, either directly or indirectly or mediately or immediately, performs the services or delivers such commodity to or for the public or some portion thereof; and

(2) Where a pipeline corporation delivers the commodity to any corporation, person, their lessees, receivers or trustees regardless of whether it offers the pipeline service or commodity to the public or some portion thereof. Such pipeline shall be subject to the safety supervision and regulation of the commission only, unless and until such pipeline corporation makes application to the commission to be regulated generally as a public utility.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1977–2025 · leading case: Gen. Motors Corp. v. Tracy, 519 U.S. 278 (1997).

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Gen. Motors Corp. v. Tracy, 519 U.S. 278 (1997). · cites it 2× “…Rev. Stat. Ann. §§ 269-1 , 269-6, 269-16 (Michie 1992 and Supp. 1996); see generally §§ 269-1 through 269-32; Idaho: Idaho Code §§ 61-129 , 61-501, 61-502 (1994); see generally §§ 61-101 through 61-714; Illinois: Ill. Comp. Stat., ch. 220, §§ 5/3-105, 5/ 4-101, 5/9-101…”

United States v. Utah Power & Light Co., 570 P.2d 1353 (Idaho 1977). · cites it 4× “" Implicit in I.C. § 61-129 and the code sections that delegate rate-making authority to the Commission is the notion that the operative factor for jurisdictional purposes *1359 is the receipt of services.”

Afton Energy, Inc. v. Idaho Power Co., 693 P.2d 427 (Idaho 1984). · cites it 4× “" I.C. § 61-129 declares that public utilities are subject to "the jurisdiction, control and regulation of the Commission"; I.”

Rosebud Enter., Inc. v. Idaho Pub. Utils. Comm'n, 917 P.2d 766 (Idaho 1996). · cites it 2× “A special hearing for IPUC approval of negotiated rates is required. IPUC’s standards and requirements for implementation of PURPA are set out in its body of decisions arising from generic, rate-setting, and complaint actions.”

Lamont Bair Enter. v. City of Idaho Falls (Idaho 2019). · cites it 8× “” I.C. § 61-129. The City does not qualify as either a pipeline corporation or a water corporation as defined by the statutes.”

Sunnyside Park Utils., LLC v. Sorrells (Idaho 2025). · cites it 4× “” I.C. § 61-129. Further, the [IPUC] specifically reserves the authority to issue orders interpreting rules pertaining to public utilities and therein resolving formal complaints.”

Bhd. of Ry. & Airline Clerks v. Idaho Pub. Utils. Comm'n, 735 P.2d 1004 (Idaho 1987). · cites it 2× “I.C. § 61-129 declares that public utilities are “subject to the jurisdiction, control and regulation of the commission and to the provisions of [the Idaho Public Utilities Act]; provided, that the term ‘public utility’ as used in this act shall cover cases both where the…”

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