BOISE, ID – In conjunction with a new law hitting the books this summer, the Idaho Public Utilities Commission recently approved a process for utility companies to submit wildfire mitigation plans to the state.

The commission developed the process for submitting the plans after the Idaho Legislature passed Senate Bill 1183, which created the Wildfire Standard of Care Act, earlier this year.

The new law went into effect July 1 and requires investor-owned utility companies such as Idaho Power, Rocky Mountain Power, Avista Utilities and Atlanta Power to adopt and submit wildfire mitigation plans to the Idaho Public Utilities Commission for approval every year.

Under the new state law, the plans must include prevention actions and programs the electric utility will carry out to reduce the risk of wildfire; identification of the areas where utilities have infrastructure or equipment that that may be subject to heightened risk of wildfire; public awareness efforts the utility will take before, during and after wildfire season to inform the public of wildfire risk; and more.

Under the new law, municipal-owned electric utilities and electric utility co-ops are allowed to voluntarily submit wildfire mitigation plans to the commission, but are not required to. The Idaho Public Utilities Commission regulates investor-owned utilities companies, but does not regulate municipal-owned electric utilities, like Idaho Falls Power, or electric utility co-ops, like Northern Lights Electric Cooperative.

Who pays for Idaho wildfires? Bill sponsor says law protects consumers

Sen. Jim Woodward, R-Sagle, who also serves as a board member of the Northern Lights Electric Cooperative, sponsored the Wildfire Standard of Care Act. Woodward said he sponsored the bill to help protect utility customers and members of small electric utility co-ops from having to pay wildfire damages or large court-ordered fines if the utility was not actually responsible for causing the wildfire.

“We all know wildfire is more prevalent, especially on the West Coast, and we need to make sure the bill for wildfire is being paid by those who are actually at fault,” Woodward said in a phone interview.

Woodward said he had been talking with the Northern Lights Electric Cooperative’s board, municipalities and the Idaho Consumer Owned Utilities Association for years about a potential bill.

“As a (utility co-op) board member, I had watched other areas where electric utilities – sometimes through their own fault causing a wildfire and sometimes not – but most of the time the electric utility is seen as the one with the deep pockets,” Woodward said. “So whether they were at fault or not, often when it ends up in court, the entity with the deep pockets is the one who has to pay.”

Issues with wildfires, utilities and liability have come up in Idaho in recent years. In 2024, the Idaho Public Utilities Commission denied a request from Rocky Mountain Power to limit its own liability, even in cases of gross negligence, the Idaho Capital Sun previously reported.

In a separate incident, earlier this year, Idaho Power reportedly agreed to pay an $800,000 settlement to help pay to restore wildfire habitat that burned in the October 2024 Valley Fire that started in the foothills east of Boise. That fire started after a power line touched the ground, the Sun previously reported.

What needs to be included in utility company’s wildfire mitigation plans?

The Idaho Public Utilities Commission, which has 44 full-time staff members, collaboratively developed the process for submitting wildfire mitigation plans after the Idaho Legislature passed the new law this year, Idaho Public Utilities Commission Public Information Officer Adam Rush said.

“Staff developed the process for submitting wildfire mitigation plans based on the requirements of Senate Bill 1183 (Idaho Code Title 61, Chapter 18), which mandates that utilities include detailed information in their plans,” Rush said in an emailed statement. “These include how they will address geographical areas with heightened wildfire risk, the preventative actions and programs they will implement, community outreach and public awareness efforts and how line design methods will reduce ignition potential.”

The Idaho Capital Sun made several requests this month to interview Rush or Idaho Public Utilities Commission staff members about the new law and wildfire mitigation plans directly, either over the phone, via Zoom or in person. However, the Idaho Public Utilities Commission rejected those requests and only agreed to answer written questions via email.

What happens after utilities submit their wildfire mitigation plans?

Along with developing the process for submitting plans, the Idaho Public Utilities Commission also developed a rolling filing for utilities to submit their plans over the next six months. Once the plans are submitted, the commission’s staff has up to six months to evaluate and then approve or deny the plans, Rush said.

“During the review, commission staff will assess whether each plan includes all required elements outlined in Idaho Code …” Rush wrote. “This includes evaluating geographical risk assessments, preventative measures, infrastructure inspections, vegetation management strategies, situational awareness tools, and community outreach efforts.”

Officials with Idaho Power already submitted their wildlife mitigation plan to the utilities commission on Oct. 10, spokesman Sven Berg said.

“Safety is always a priority at Idaho Power, for our employees, our customers, and our communities,” Berg said. “Idaho’s Wildfire Standard of Care Act establishes a framework for us to work with the IPUC and the public to develop an approved wildfire mitigation plan. That plan establishes our responsibility to the public with respect to wildfire risk.”

“The act gives the (Idaho Public Utilities Commission) responsibility for setting clear standards for utilities, and the Commission has done that through a thoughtful public process that considers input from all stakeholders,” Berg added.

Idaho Capital Sun is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.