20141216final_order_no_33194.pdf

Office ofthe Secretary
Service Date
December 16.2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF ALBION TELEPHONE COMPANY FOR )CASE NO.ALB-T-14-02
CERTIFICATION TO DONATE )
UNCLAIMED FUNDS TO A FINANCIAL )ORDER NO.33194
ASSISTANCE PROGRAM )
On December 10.2014,Albion Telephone Company (ATC or the Company)filed an
Application with the Commission seeking certification so that ATC may donate unclaimed
deposits and refunds to the South Central Community Action Partnership,a financial assistance
program in Twin Falls,Idaho.Application at 1-2.Idaho Code §14-508 allows a utility to
donate unclaimed customer deposits to “a financial assistance program which assists the utility’s
low income or disadvantaged customers.”
THE APPLICATION
ATC is a provider of basic local exchange service and other telecommunications
services in southern Idaho.Application at 1.ATC routinely collects deposits that it refunds to
customers on termination of service.Id.The Company also refunds customers for any
overpayment made past the date of service termination.Id.When ATC is unable to locate the
customer to whom a refund is owed and the sum is unclaimed for more than one year after
termination of services,the sum is presumed abandoned under Idaho’s Unclaimed Property Law.
Idaho Code §14-508(1).Currently,ATC has about $2,000 in unclaimed deposits and
overpayments that it has held for more than five years.Application at 1.
ATC wishes to direct the abandoned sums into a financial assistance program to help
its low-income and disadvantaged customers.Id.at 2.ATC initially sent a letter to the
Commission in October 2014,asking to create a program through which the Company could
directly assist its low income and disadvantaged customers.See October 9,2014 Letter.After
meeting with Staff ATC’s counsel filed the present Application,amending its initial request.1
In this Application,ATC asked to donate its unclaimed deposits and refunds,as
contemplated in Idaho Code §14-508,to an existing financial assistance program.Application
Under Rule 52,pleadings requesting a certificate from the Commission are applications that must set forth the
facts,statutes,rules or other controlling law on which they are based,and request the action desired.IDAPA
31.01.01.052.Accordingly,ATC’s request was properly filed as an Application,setting forth the requisite elements
under Rule 52.
ORDER NO.33194 1
at 2.Section 14-508(2)authorizes the Commission to certify that a utility is participating in a
financial assistance program.Once certified,unclaimed deposits (less any lawful deductions)
over a year old,thus presumed abandoned,may be paid to the financial assistance program.
Telephone Customer Relations Rule 108,IDAPA 3 1.41.01.108.ATC identified the proposed
recipient of its abandoned funds as the South Central Community Action Partnership (SCCAP)
in Twin Falls,Idaho.Application at 2.
ATC requested that SCCAP “use the donated funds to assist [ATC’sJ wireline
Lifeline customers with the non-recurring payment of the initial connection fees.”Id.Under the
Company’s proposal,the SCCAP would exercise its discretion in determining recipients’need-
based eligibility,but would report to ATC “within ten days of the end of each calendar quarter
how such funds were used until all such funds have been used.”Id.The report would also
include each recipient’s name and amount of assistance provided,as well as the balance of
available funds,if any.Id.ATC would donate any unclaimed funds to the SCCAP at the end of
each calendar year.Jd.
ATC asked that the Commission simply approve the Application or process it
Modified Procedure.Id.at 3.
STAFF RECOMMENDATION
Staff reviewed ATC’s October 2014 Letter and subsequent Application.Staff
understands that the funds donated to SCCAP would be used to pay in full,or in part,the one
time service connection fees2 for low-income persons who are applying for wireline telephone
service with ATC.Although Staff had questions about how the Company would operate and
oversee an internal financial assistance program as suggested in ATC’s Letter,Staff had no
concerns about paying unclaimed funds to the SCCAP per ATC’s Application.Staff understands
that the SCCAP routinely determines need-based eligibility of aid-recipients.The SCCAP
currently verifies and processes both state and federal eligibility of ATC’s low-income
applications pursuant to state and federal requirements.
Given the authority contained in Idaho Code §14-508(2)and the proposed procedure
set out in ATC’s Application,Staff recommended the Commission simply approve the
Application without further comment.ATC’s Application is consistent with the Unclaimed
2 Currently,ATC has three charges that may apply to establishment of new service:a $12.50 service order charge,a
$25.00 line connection charge,and a $40 premise visit charge.
ORDERNO.33194 2
Property Law and prior applications seeking such certification.See,e.g.,Case Nos.UWI-W-1l-
03.C10-E-09-Ol.
COMMISSION FINDINGS AND DECISION
The Commission has reviewed Albion’s Application and considered Staffs
recommendation.Idaho’s Unclaimed Property Law presumes that unclaimed utility deposits are
abandoned after one year and permits utilities to pay such funds to a financial assistance program
to aid low-income and disadvantaged customers upon certification by the Commission.Idaho
Code §14-508(2).We find ATC’s proposal is consistent with the statute.The Commission
further finds that the SCCAP is an established financial assistance program providing aid to low-
income and disadvantaged persons and is well-suited to receive and allocate ATC’s donated
funds as contemplated in the statute and in ATC’s Application.
To “secure just,speedy and economical determination”of the issues before it,the
Commission may depart from Modified Procedure rules —unless prohibited by statute —when
compliance with those rules would be “impracticable,unnecessary or not in the public interest.”
Rule 13,IDAPA 3 1.01.01.013.The Commission finds the circumstances here warrant such
dispensation.
Certification of ATC’s proposal without undue delay is in the public interest.We
find in this instance,that requesting comments prior to issuing our certification is impracticable
and unnecessary.There being no reason to delay its decision,the Commission grants ATC’s
Application for certification.Albion shall pay unclaimed funds to the SCCAP and comply with
the following requirements:(1)ATC will direct the South Central CAP to use donated funds to
assist its wireline Lifeline customers with the non-recurring payment of initial connection fees;
(2)fund-recipients’need-based eligibility shall be determined by the SCCAP;(3)ATC will
continue to donate any abandoned funds —per Idaho Code §14-508(1)—to the SCCAP at the
end of each calendar year.
ORDER
IT IS HEREBY ORDERED that Albion Telephone Company’s Application for
certification to donate unclaimed funds to the South Central Community Action Partnership is
granted as discussed herein.
IT IS FURTHER ORDERED that the Commission Secretary forward a copy of this
Order to the State Treasurer.
ORDERNO.33194 3
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsideration within twenty-one (21)days of the service date of this Order.Within seven (7)
days after any person has petitioned for reconsideration,any other person may cross-petition for
reconsideration.See Idaho Code §61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this //“
day of December 2014.
I
PAUL KJELLA $,PRESIDENT
‘LGL LJ25J_
MARSHA H.SMITH,COMMISSIONER
ATTEST:
/1 :••/1
I
Jan D Jewell
Commission Secretary
O:ALB-T-1 4-O2djh
ORDERNO.33194 4