Idaho Code

Idaho Code § 61-622 (2026)

Finding of commission necessary for increase in rate and approval of a new tariff or schedule — suspension.

✓ current as of May 2026

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Finding of commission necessary for increase in rate and approval of a new tariff or schedule — suspension.

(1) No public utility shall raise any existing rate, rental, or charge or so alter any existing classification, contract, practice, rule, service, or regulation as to result in an increase in any rate, rental, or charge, under any circumstances whatsoever, except upon a showing before the commission and a finding by the commission that such increase is justified.

(2) Whenever there shall be filed with the commission any tariff or schedule stating a new individual or joint rate, rental, charge, classification, contract, practice, rule, service or regulation that does not increase or result in the increase of any existing rate, rental, or charge, such tariff or schedule shall not become effective except upon a showing to and a finding by the commission that such tariff or schedule is justified.

(3) The commission shall have power and is hereby given authority to suspend the proposed effective date of any new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or other formal pleadings by the interested public utility or utilities. The commission shall provide reasonable notice that it intends to conduct a hearing or other proceeding concerning the propriety of such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation. Pending the subsequent hearing or proceeding and decision thereon, such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation shall not go into effect.

(4) The period of suspension of such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation shall not extend beyond thirty (30) days when such new tariff, schedule, rate, rental, charge, classification, contract, practice, rule, service or regulation would otherwise go into effect, pursuant to section 61-307, Idaho Code, unless the commission in its discretion extends the period of suspension for an initial period not exceeding five (5) months, nor unless the commission after a showing of good cause on the record grants an additional sixty (60) days. Prior to the expiration of said periods of suspension, the commission may, with the consent in writing signed by the party filing such new tariff or schedule, permanently or further suspend the same.

(5) After such hearing or other proceeding during the suspension period, the commission shall issue its order approving, denying or amending the proposed tariffs, schedules, rates, rentals, charges, classifications, contracts, practices, rules, services or regulations in whole or in part, or others in lieu thereof, it finds to be just and reasonable.

Notes of Decisions

Cited in 18 cases, 1965–2014 · leading case: Citizens Utils. Co. v. Idaho Pub. Utils. Comm'n, 579 P.2d 110 (Idaho 1978).

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Citizens Utils. Co. v. Idaho Pub. Utils. Comm'n, 579 P.2d 110 (Idaho 1978). · cites it 24× “Idaho Code § 61-622 contemplates that the Commission must decide the merits of rate increase requests within the seven month period provided and that these requested increases cannot be suspended for more than a seven month period.”

Grindstone Butte Mut. Canal Co. v. Idaho Power Co., 574 P.2d 902 (Idaho 1978). · cites it 10× “The interpretation was necessitated by an apparent conflict with I.C. § 61-622, then I.C.A. § 59-622, which purported to deal with increases in existing rates.”

Utah Power & Light Co. v. Idaho Pub. Utils. Comm'n, 685 P.2d 276 (Idaho 1984). · cites it 12× “The proposed rates were suspended by the PUC pursuant to I.C. § 61-622. [1] On September 29, 1977, pursuant to Order No.”

United States v. Utah Power & Light Co., 570 P.2d 1353 (Idaho 1977). · cites it 6× “[1] Idaho Code § 61-622 provides that before a public utility can raise rates or alter contracts to affect a rate increase a showing must be made before the Commission that such increase is justified.”

Agric. Prods. Corp. v. Utah Power & Light Co., 557 P.2d 617 (Idaho 1976). · cites it 4× “I.C. § 61-622. When the Commission finds that rates charged are unjust, unreasonable, discriminatory or preferential, or are insufficient, it must set those rates at a just and reasonable level.”

Utah Power & Light Co. v. Idaho Pub. Utils. Comm'n, 629 P.2d 678 (Idaho 1981). · cites it 4× “Moreover, section 61-622, Idaho Code prevents the sort of regulatory lag which has resulted in the adoption of an attrition allowance in other jurisdictions.”

Washington Water Power Co. v. Idaho Pub. Utils. Comm'n, 617 P.2d 1242 (Idaho 1980). · cites it 4× “Five of those issues, however, are simply sub-issues of the main question of whether the Commission erred in denying as an operating expense part of the sums paid by WWP to WIDCo for coal.”

Iindustrial Customers of Idaho Power v. Idaho Pub. Utils. Comm'n, 1 P.3d 786 (Idaho 2000). · cites it 6× “I.C. § 61-622. Section 61-502 of the Idaho Code further provides: Whenever the commission, after a hearing had upon its own motion or upon complaint, shall find that the rates .”

Williams v. Idaho State Bd. of Real Est. Appraisers, 337 P.3d 655 (Idaho 2014). · cites it 2× “3d 786, 790 (2000), we considered Idaho Code section 61-622, which provided the Idaho Public Utilities Commission the power “either upon complaint or upon its own initiative” to conduct a hearing on power rates, and Idaho Code section 61-502, which empowered the Commission to…”

Washington Water Power Co. v. Kootenai Env't All., 591 P.2d 122 (Idaho 1979). · cites it 2× “See also I.C. § 61-622. See United States v. Utah Power & Light Co.”

Idaho Underground Water Users Ass'n v. Idaho Power Co., 404 P.2d 859 (Idaho 1965). · cites it 4× “" Could a strict construction not therefore infer that an application for rehearing could not complain of any matter not "determined therein"? Where can one apply for relief, if not to this court by way of appeal? In addition, Section 61-622 I.C. provides that: "No public…”

Utah Power & Light Co. v. Idaho Pub. Utils. Comm'n, 673 P.2d 422 (Idaho 1983). · cites it 2× “"In addition, the Idaho legislature, by its amendment of Idaho Code § 61-622 , set an outside limit of nine months for Commission deliberation on requests for rate relief, thereby manifesting its concern for the prompt disposition of rate cases.”

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