Idaho Code
Idaho Code

Idaho Code § 61-617A (2026)

Award of costs of intervention. 

✓ current as of May 2026
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Award of costs of intervention. 

(1) It is hereby declared the policy of this state to encourage participation at all stages of all proceedings before the commission so that all affected customers receive full and fair representation in those proceedings.

(2)  The commission may order any regulated electric, gas, water or telephone utility with gross Idaho intrastate annual revenues exceeding three million five hundred thousand dollars ($3,500,000) to pay all or a portion of the costs of one (1) or more parties for legal fees, witness fees, and reproduction costs, not to exceed a total for all intervening parties combined of forty thousand dollars ($40,000) in any proceeding before the commission. The determination of the commission with regard to the payment of these expenses shall be based on the following considerations:
(a)  A finding that the participation of the intervenor has materially contributed to the decision rendered by the commission; and
(b)  A finding that the costs of intervention are reasonable in amount and would be a significant financial hardship for the intervenor; and
(c)  The recommendation made by the intervenor differed materially from the testimony and exhibits of the commission staff; and
(d)  The testimony and participation of the intervenor addressed issues of concern to the general body of users or consumers.
(3)  Expenses awarded to qualifying intervenors shall be an allowable business expense in the pending rate case or, if the proceeding is not a rate case, in the utility’s next rate case. Expenses awarded shall be chargeable to the class of customers represented by the qualifying intervenors.
(4)  The commission may adopt rules for the implementation of this statute.
(5)  The payment of expenses of intervenors who are in direct competition with a public utility involved in proceedings before the commission is prohibited.
Notes of Decisions
Cited in 5 cases, 1988–2018 · leading case: Idaho Fair Share v. Idaho Pub. Utils. Comm'n, 751 P.2d 107 (Idaho 1988).
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Idaho Fair Share v. Idaho Pub. Utils. Comm'n, 751 P.2d 107 (Idaho 1988). · cites it 52× “During the course of this WNP-3 proceeding, the legislature enacted I.C. § 61-617A which authorizes the payment of intervenor legal fees and costs.”
Idaho Power & IPUC v. Tidwell, 434 P.3d 175 (Idaho 2018). · cites it 15× “Tidwell's request stated: "I was not aware of the possibility of Intervenor funding under Idaho Code 61-617A ; my attorney never presented me this information.”
J.R. Simplot Co., Inc. v. Idaho State Tax Comm'n, 820 P.2d 1206 (Idaho 1991). · cites it 4× “Finding that there are cogent reasons for straying from the Commission's reading of the statute and recognizing that the construction of a statute is [a] matter of law for the judiciary, we will apply the standard of free review to the Commission's interpretation of I.C. §…”
Myers v. Vermaas, 753 P.2d 296 (Idaho Ct. App. 1988). · cites it 2× “2d 107 (1988) (applying I.C. § 61-617A); Jensen v. Shank, 99 Idaho 565 , 585 P.”
Idaho Power & IPUC v. Tidwell (Idaho 2018). · cites it 15× “Tidwell’s request stated: “I was not aware of the possibility of Intervenor funding under Idaho Code 61-617A; my attorney never presented me this information.”
— Idaho Code § 61-617A(2) — 2 cases
Idaho Power & IPUC v. Tidwell, 434 P.3d 175 (Idaho 2018). “Tidwell's request stated: "I was not aware of the possibility of Intervenor funding under Idaho Code 61-617A ; my attorney never presented me this information.”
Idaho Power & IPUC v. Tidwell (Idaho 2018). “Tidwell’s request stated: “I was not aware of the possibility of Intervenor funding under Idaho Code 61-617A; my attorney never presented me this information.”
— Idaho Code § 61-617A(2)(a) — 1 case
Idaho Fair Share v. Idaho Pub. Utils. Comm'n, 751 P.2d 107 (Idaho 1988). “During the course of this WNP-3 proceeding, the legislature enacted I.C. § 61-617A which authorizes the payment of intervenor legal fees and costs.”
— Idaho Code § 61-617A(4) — 2 cases
Idaho Power & IPUC v. Tidwell, 434 P.3d 175 (Idaho 2018). “Tidwell's request stated: "I was not aware of the possibility of Intervenor funding under Idaho Code 61-617A ; my attorney never presented me this information.”
Idaho Power & IPUC v. Tidwell (Idaho 2018). “Tidwell’s request stated: “I was not aware of the possibility of Intervenor funding under Idaho Code 61-617A; my attorney never presented me this information.”
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