Idaho Code
Idaho Code

Idaho Code § 61-802 (2026)

Definitions. 

✓ current as of May 2026
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Definitions. 

As used in this chapter, unless the context otherwise requires:

(1)  "Adequate remediation" means corrective action by a utility which results in, and is reasonably likely to sustain, a reduction of stray current or voltage attributable to the utility’s distribution system of fifty percent (50%) or less of the preventive action level.
(2)  "Commission" means the Idaho public utilities commission as established pursuant to section 61-201, Idaho Code.
(3)  "Cow contact points" means any two (2) electrically conductive points which a dairy cow may, in its normal environment, unavoidably and simultaneously contact.
(4)  "Preventive action level" is stray current or voltage that is either:
(a)  A steady-state, root mean square (rms), alternating current (AC) of 2.0 milliamp (mA) or more through a 500 ohm resistor connected between cow contact points, as measured by a true rms meter; or
(b)  A steady-state, rms, AC voltage of 1.0 volts or more, across (in parallel with) a 500 ohm resistor connected between cow contact points, as measured by a true rms meter.
(5)  "Steady-state" is the value of a current or voltage after an amount of time where all transients have decayed to a negligible value.
(6)  "Stray current or voltage" is:
(a)  Any steady-state, 60 hertz (Hz) (including harmonics thereof), root mean square (rms), alternating current (AC) of less than 20 milliamp (mA) through a 500 ohm resistor connected between cow contact points, as measured by a true rms meter; or
(b)  Any steady-state, 60 Hz (including harmonics thereof), rms, AC voltage of less than 10 volts, across (in parallel with) a 500 ohm resistor connected between cow contact points, as measured by a true rms meter. Stray current or voltage is a normal, inherent and unavoidable result of electricity traveling through grounded electrical systems, including a dairy producer’s on-farm system and a utility’s distribution system, which systems are required by the national electrical code and the national electrical safety code to be grounded to the earth to ensure continuous safety and reliability.
(7)  "Utility" means a public utility as defined in section 61-332A, Idaho Code.
Notes of Decisions
Cited in 14 cases, 1957–2009 · leading case: Forde L. Johnson Oil Co. v. H. F. Johnson Oil Co., 372 P.2d 135 (Idaho 1962).
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Forde L. Johnson Oil Co. v. H. F. Johnson Oil Co., 372 P.2d 135 (Idaho 1962). · cites it 11× “Among the statutes which must be considered in connection with the issue involved is I.C. § 61-802, as amended by Ch. 79, Session Laws of 1959, the pertinent portion of which provides: *292 “A permit shall be issued to any-qualified applicant authorizing the whole or any part of…”
Kent v. Idaho Pub. Utils. Comm'n, 469 P.2d 745 (Idaho 1970). · cites it 8× “They further argue that the Commission erred in utilizing I.C. § 61-802, which requires the consideration by the Commission of the effect of the transfer on existing motor carrier permit holders.”
Allied Van Lines, Inc. v. Idaho Pub. Utils. Comm'n, 312 P.2d 1050 (Idaho 1957). · cites it 8× “Section 61-802, I.C., was amended by Chapter 291, 1951 Session Laws, to read as follows: “Permit required — Scope of permit— Commission may refuse permit.”
Grover v. Idaho Pub. Utils. Comm'n, 364 P.2d 167 (Idaho 1961). · cites it 5× “291, which, inter alia, amended I.C. § 61-802 to provide: “Permit Required * — Scope Of Permit- — Commission May Refuse Permit.”
Bermensolo v. Tennyson Transfer & Storage Co., 352 P.2d 240 (Idaho 1960). · cites it 6× “I.C. § 61-802, setting forth the requirements to be found by the Commission before issuance of a permit, reads in part: “ * * * A permit shall be issued to any qualified applicant authorizing the whole or any part of his operations covered by the application made to the…”
Hartwig v. Pugh, 542 P.2d 70 (Idaho 1975). · cites it 9× “Section 61-802 sets the following requirements for issuance of a motor carrier permit: “It shall be unlawful for any motor carrier, as the term is defined in this chapter, to operate any motor vehicle in motor transportation without first having obtained from the commission a…”
Application of Bermensolo, 352 P.2d 240 (Idaho 1960). · cites it 6× “I.C. § 61-802, setting forth the requirements to be found by the Commission before issuance of a permit, reads in part: "* * * A permit shall be issued to any qualified applicant authorizing the whole or any part of his operations covered by the application made to the…”
Winner Bros. v. Seitz Elec., Inc., 912 N.E.2d 1180 (Ohio Ct. App. 2009). “” Idaho Code 61-802(4). *401 {¶ 58} Idaho has also devised detailed administrative procedures to deal with these issues.”
Grover v. Ace Equip. Co., 496 P.2d 673 (Idaho 1972). · cites it 4× “I.C. § 61-802 provides: “It shall be unlawful for any motor carrier, as the term is defined in this chapter, to operate any motor vehicle in motor transportation without first having obtained from the commission a permit covering such operation.”
Arrow Transp. Co. v. Idaho Pub. Utils. Comm'n, 379 P.2d 422 (Idaho 1963). “■§ 61-802, the pertinent portion of which provides: “provided that any motor carrier or a predecessor in interest, shall have been in bona fide operation on January 1, 1952 over the route or routes or within the territory for which application is made and has so operated since…”
Taxi Serv., Inc. v. Pub. Serv. Comm'n of W. Va., 356 S.E.2d 470 (W. Va. 1987). “Idaho Code § 61-802 (1963); Mo.Rev. Stat.”
Associated Pac. Movers, Housemovers, Inc. v. Rowley, 551 P.2d 618 (Idaho 1976). · cites it 6× “The Commission relied upon and cited the evidence presented at the hearing to find that Rowley was fit, willing, and able to perform the proposed service, as required by I.C. § 61-802, 1 that a lack of aggressive competition existed in the housemoving industry in Idaho south of…”
Show all 14 citing cases →
— Idaho Code § 61-802(4) — 1 case
Winner Bros. v. Seitz Elec., Inc., 912 N.E.2d 1180 (Ohio Ct. App. 2009). “” Idaho Code 61-802(4). *401 {¶ 58} Idaho has also devised detailed administrative procedures to deal with these issues.”
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