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DECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN JEAN JEWELL RANDY LOBB DON HOWELL BEVERLY BARKER TONYA CLARK RON LAW GENE FADNESS WORKING FILE FROM: CAROL COOPER DATE: MAY 2, 2002 RE: FORMAL COMPLAINT OF RALPH STUART On April 17, 2002 the Commission received a formal complaint from Mr. Ralph Stuart against Idaho Power. In Mr. Stuart's formal complaint he identifies four issues he wants the Commission to consider: (1) Why, when he first inquired about an unexplained February billing, Idaho Power could not offer an explanation; (2) Why Idaho Power made no attempt to contact him personally in regard to his complaint, and instead interviewed his wife, who is not listed on the account; (3) Why was he not notified when the meter was replaced; and (4) Why Idaho Power did not inform him of his rights under provisions of Rule 204, the option to repay over an extended period of time. (5) Mr. Stuart refuses to pay the corrected billing. In his complaint, he states: I made a proposal to be billed for 2,000 kwh for the months of January, February and March. Given the lack of responsiveness in settling this matter, I am now requesting that I be billed only for the power that was reflected by meter readings for those months. BACKGROUND The meter serving Mr. Stuart's residence was reported as malfunctioning in February. When the serviceman responded, he saw that the meter was still advancing and so did not replace it. On March 10, Mr. Stuart called Idaho Power and was informed incorrectly by a customer service representative that the meter had been replaced. When Mr. Stuart checked the meter the end of March, he found the old meter still in place and not working properly. A new meter was set on April 5, 2002, and corrected billings were prepared for the January through March billing periods. The following chart shows the comparison in kWh billed: Months 2001 Bills 2002 Original Bills 2002 Corrected Bills January 5405 1317 6500 February 7193 185 6000 March 5277 104 2000 STAFF ANALYSIS (1) Company responsiveness. Staff investigated Mr. Stuart's informal complaint, which was filed prior to his formal complaint. Brent Lulloff of Idaho Power sent an e-mail response to Mr. Stuart admitting the Company had made some mistakes. Staff found the response to be timely and thorough in regard to the meter problems and corrected bill. Items 2, 3 and 4 were not part of the original informal complaint submitted by Mr. Stuart. (2) Account confidentiality. The Commission has no rules or requirements regarding communication between a utility and a customer of record's spouse. In this instance, Mr. Stuart is the customer of record and his wife is not listed on the account. Idaho Power did discuss Mr. Stuart's complaint with Mrs. Stuart. (3) Notification of meter replacement. The Commission has no rules or requirements that customers be notified of meter changes. Idaho Power does not typically notify customers of meter replacements. (4) Notification of consumer rights. Rule 204.03 allows customers the option of extended payments when service has previously been inaccurately billed. Apparently Mr. Stuart was not offered this option. Rule 204 (attached) of the Commission's Utility Customer Relations Rules (IDAPA 31.21.01.204) allows utilities to estimate usage and send a corrected billing when the actual usage cannot be determined because the meter failed or malfunctioned. Staff believes the basis used for estimating consumption for January, February and March is fair and reasonable. If Mr. Stuart needs additional time to pay the corrected billings amounts, he has that right, and should have been so informed by the Company. (5) Determination of amount owing. Given that Idaho Power has a right to rebill customers pursuant to Rule 204, Staff believes Mr. Stuart's refusal to pay for amounts other than usage registered on the prior malfunctioning meter to be unreasonable. COMMISSION DECISION Does the Commission want to accept this as a formal complaint? If so, shall the Commission issue a summons to Idaho Power? If not, how does the Commission wish to proceed? ________________ ___________ Carol Cooper Attachement cannot be e-mailed udmemos/dec memo for ralph stuart see also udmemos/dec memo for ralph stuart attachments 204. INACCURATELY BILLED SERVICE UNDER CORRECT TARIFF SCHEDULE--FAILURE TO BILL FOR SERVICE (Rule 204). 01. Errors in Preparation-Malfunctions--Failure to Bill. Whenever the billing for utility service was not accurately determined because a meter malfunctioned or failed, bills were estimated, or bills were inaccurately prepared, the utility shall prepare a corrected billing. If the utility has failed to bill a customer for service, the utility shall prepare a bill for the period during which no bill was provided. (7-1-93) 02. Corrections. If the time when the malfunction or error began or the time when the utility began to fail to bill for service cannot be reasonably determined to have occurred within a specific billing period, the corrected billings shall not exceed the most recent six months before the discovery of the malfunction or error or failure to bill. If the time when the malfunction or error or failure to bill began can be reasonably determined, the corrected billings shall go back to that time, but not to exceed the time provided by Section 61-642, Idaho Code, (three years). (7-1-93) 03. Refunds and Additional Payments. The utility shall prepare a corrected billing indicating the refund due to the customer or the amount due the utility. A customer who has been underbilled or who has not been billed shall be given the opportunity to make payment arrangements under Rule 313 on the amount due. At the customer's option, the term of the payment arrangement may extend for the length of time that the underbilling accrued or the customer was not billed. The utility shall promptly refund amounts overpaid by the customer unless the customer consents to a credit against future bills, except overbillings not exceeding $15 may be credited to future bills. [Adopted as Rule 8.2 and 8.3, O.N. 17744; amended and recodified, G.O. 177.] (7-1-93) Statutory Reference: I.C. ? 61-642. Cross-Reference: Rules 005, 203, 313.