20141210Amendment.pdf

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December 10,2014
Via Hand Delivery
Ms. Jean Jewell
ldaho Public Utilities Commission
P O Box 83720
Boise, lD 83720-0074
Re: Use of Deposit Refunds to Assist Low-lncome Customers
Your File No: ATC Unclaimed Funds ALB-T-14-02
Dear Ms. Jewell:
Enclosed for filing, please find the original and three copies of Albion Telephone
Company's Application in the above referenced matter. This application replaces the letter
to you dated October 9,2014.
lf you have any questions or require further information, please contact me at (208)
577-5747 or by e-mai! at [e-mail].
Sin2rely,
(pt-nry,J,tL
Cynthia A. Melillo
CAM
Enclosures
Cc: Julie Laumb (via electronic mail)
Grace Seaman (via electronic mail)
Cynthia A. Melillo [ISB No. 5819]
CYNTHIA A. MELILLO PLLC
8385 W. Emerald Street
Boise,ID 83704
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Albion Telephone Company
IN THE MATTER OF THE APPLICATION
OF ALBION TELEPHONE COMPANY, FOR
CERTIFICATION TO DONATE
UNCLAIMED FUNDS TO FINANCIAL
ASSISTANCE PROGRAM
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No. ALB-T-14-02
ALBION TELEPHONE COMPANY'S
APPLICATION
Albion Telephone Company ("Applicanf'), by and through its attorneys, Cynthia A.
Melillo PLLC, files this Application for an Idaho Public Utilities Commission ("Commission")
order certifuing that Applicant may donate unclaimed deposits and refunds for overpayments
held in the possession of the Applicant to a financial assistance program to assist Applicant's low
income and disadvantaged customers with the payment of their bills. In support of its
Application, Applicant states as follows:
1. Applicant is a provider of basic local exchange service, and other
telecommunications services in southern Idaho.
2. Applicant routinely collects deposits for services and issues deposit refirnds to its
customers. In addition, when a customer terminates service prior to the end of the service term,
Applicant issues refunds for any overpayment past the date of termination. At times, Applicant
is unable to locate the customer, and thus some of the deposits and overpayments may be
deemed abandoned or unclaimed. At the current time, Applicant has approximately $2,000 in
unclaimed deposits and overpayments which Applicant has held for more than five (5) years,
APPLICATION OF ALBION TELEPHONE COMPANY - I
which deposits and refunds are therefore presumed abandoned.
3. Pursuant to the Idaho Administrative Code, Applicant is permitted to apply to the
Idaho Public Utilities Commission for permission to deposit such abandoned sums into a
financial assistance program to assist Applicant's low income and disadvantaged customers with
the payment of their bills. (IDAPA 31.41.01.108.02)
4. Because the amount of such unclaimed funds does not warrant establishing its
own financial assistance progftIm, Applicant desires to donate the unclaimed funds to the South
Central Community Action Partnership, located at 550 Washington Street South, Twin Falls, ID
83303.
5. South Central Community Action Partnership will be directed by Applicant to use
the donated funds to assist Applicant's wireline Lifeline customers with the non-recurring
payment of the initial connection fees. South Central Community Action Partnership shall
determine need in its reasonable discretion and shall report to Applicant within ten days of the
end of each calendar quarter how such funds were used until all such funds have been used.
Such reports shall include ruIme of recipient and amount of assistance provided, and the
remaining balance of the funds available. Applicant shall continue to donate any unclaimed
funds to the South Central Community Action Partnership on an annual basis at the end of each
calendar year to the extent any unclaimed funds are deemed abandoned pursuant to Idaho Code.
6. Applicant agrees to remain obligated to comply with the reporting requirements
for abandoned property set forth in Idaho Code $ 14-517. Because the individual refi.rnds are
less than $50, under the Idaho Code, they are not considered "abandoned" for purposes ofthe
Unclaimed Property Law. Thus, no report to the State of Idaho is required at this time.
However, ATC will retain the records of ownership as to those funds as required by Idaho Code.
APPLICATION OF ALBION TELEPHONE COMPANY.2
7. Communications regarding this Application should be addressed to the following:
Cynthia A. Melillo
CynthiaA. Melillo PLLC
8385 W. Emerald Street
Boise,ID 83704
(208) s77-s747
[e-mail]
8. Applicant does not believe that the public interest requires a hearing on this
matter and, therefore, requests that the Commission approve the Application by Minute Order or
under Modified Procedure. In the event the Commission determines that further proceedings are
necessary, Applicant stands ready for immediate hearings.
WHEREFORE, Applicant requests that the Commission issue its order certifring that the
abandoned frrnds held by Applicant may be donated to the South Central Community Action
Partnership to be used as set forth in this Application as authorized by IDAPA 31.41.01.108.02.
RESPECTFULLY SUBMITTED this l0th day of December2014.
CYNTHIA A. MELILLO PLLC
Attomeys for Albion Telephone Company
Cynthia A. Melillo
APPLICATION OF ALBION TELEPHONE COMPANY - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 10ft day of December 2Ol4,I caused to be served a
true and correct copy of the foregoing by the method indicated below, and addressed to the
following:
Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise,lD 83720-0074
E u.s. tvtaitX Uana Delivered
I Overnight Mailf] Facsimile
A. Melillo
APPLICATION OF ALBION TELEPHONE COMPANY - 4