20040817Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE l/L
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FROM:BEVERL Y BARKER
DATE:JULY 26, 2004
RE:PROPOSED REVISIONS TO THE TELEPHONE CUSTOMER
RELATIONS RULES (IDAP 31.ti.Ol)
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Staff recommends that the Commission consider amending its Telephone Customer
Relations Rules. What follows is a brief description of the substantive revisions proposed by
Staff Proposed changes to Rules 109 and 308 mirror revisions made to the Dtility Customer
Relations Rules that became effective earlier this year. A new Rule III is proposed to
implement the provisions of Section 14-508, Idaho Code. Attached for your review is a marked-
up version of the rules, including one "housekeeping" change.
If the Commission wishes to initiate a rulemaking this year, the proposed revisions must
be submitted to the Administrative Rules Coordinator by August 25 2004. The rules will be
published in the October issues of the Administrative Bulletin. After publication, public
comment will be accepted. The Staff will then submit an analysis of the comments and the
Commission may then decide whether to adopt the proposed rules as pending rules.
Staff proposes the following amendments:
Rule 109 Receipt for Deposit - Records of Deposit
Subsection .02 - Retention of Records
Adds a provision covering deposits that have been refunded by the utility. The time
frame specified (3 years) is derived from the NARUC's "Regulations to Govern the Preservation
of Records of Electric, Gas and Water Utilities
" .
Updates record retention period for unclaimed deposits to reflect current state law.
DECISION MEMORANDUM - 1 -
IDAPA31
TITLE 41
CHAPTER 01
31.41.01 - CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS
PROVIDING LOCAL EXCHANGE OR INTRASTATE MTS/W ATS SERVICE IN
IDAHO SUBJECT TO CUSTOMER SERVICE REGULATION BY THE IDAHO
PUBLIC UTILITIES COMMISSION UNDER THE PUBLIC UTILITIES LAW OR THE
TELECOMMUNICATIONS ACT OF 1988
(THE TELEPHONE CUSTOMER RELATIONS RULES)
RULES 101 THROUGH 199 - RESIDENTIAL AND SMALL BUSINESS
DEPOSIT A..~D CUARANTEE PRACTICES
(BREAK IN CONTINUITY OF SECTIONS)
109.RECEIPT FOR DEPOSIT --RECORDS OF DEPOSITS (RULE 109).
01. Receipts. Each customer paYing a deposit mHSt shall be given a receipt containing or
otherwise be provided with the following information: (7 1 93)(
a. Name of customer and service address for which deposit is held; (7-93)
b. Date of payment; (7-93)
c. Amount of payment; and (7-93)
d. Statement of the terms and conditions governing the return of deposits. (7 -93)
02. Retention Of Records. Each telephone company shall maintain records that will
enable a customer entitled to a return of a deposit to obtain a refund even though the customer
may be unable to produce the receipt for the deposit. These records must include the name of
each customer, the service locations and telephone number(s) of the customer while the deposit
is retained, and the date(s) and amount(s) of the deposits. The telephone company shall retain
records of deposits that have been refunded-1o customers for a period of three Q) years after
date of refund.The telephone company shall retain these records of unclaimed deposits for a
period....2f seven Q) years as required by the Unclaimed Property '\ct Sections 14 501 et scq.
Idaho Code, and in particular Section 14-531 , Idaho Cod , (ten years)(7 1 93)(
03. Transfer Of Records. Upon the sale or transfer of any telephone company or any of
its operating units, the seller shall certify to the Commission that it has a list showing the names
emergency or will become seriously ill or have a medical emergency because of termination of
service; and that (7 1 93)
b. T!ermination of service would adversely affect the health that customer, member
of the customer s family, or resident of the household. (7 1 93)(
02. Contents Of Medical Certificate. This certificate must be in writing and sho\y
clearly
b. tThe name of the person whose serious illness or medical emergency would be
adversely affected by termination and the relationship to the customer and (
c. the nature of the serious illness or medical emergency, and tThe name, title, and
signature of the person gi'v'ing notice of or certifying the serious illness or medical emergency.
(7 1 93)(
Restoration Of Service. If local exchange or MTS servIce has already been
terminated when the medical certificate is received, the appropriate service mHSt shall be restored
as soon as possible. but no later than twenty-four (l4Lhours after receipt.The customer must
shall receive local exchange and necessary MTS services for thirty (30) calendar days from the
telephone company s receipt of the certificate. (1 5 95)(
04. Payment ArraBgements. Before the expiration of the medical postponement, the
customer must make payment arrangements ~vith the telephone company in accordance ~Nith
Rule 312.(7 1 93)
$3.Second Postponement. The telephone company must postpone termination of local
exchange and necessary MTS service upon receipt of a second certificate stating that the serious
illness or medical emergency still exists, unless during the period of the first certificate excessive
or unwarranted MTS calls were incurred and not paid or the customer refused to enter into
payment arrangements.(1-95)
OM.Verification Of Medical Certificate. The telephone company may verify the
authenticity of the certificate and may refuse to delay termination of service if the certificate is a
forgery or is otherwise fraudulent. (7 -93)
05. Obligation to Pay. Nothing in this rule relieves the customer of the obligation to
pay any undisputed bill.
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(BREAK IN CONTINUITY OF SECTIONS)
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14-508 ESTATES OF DECEDENTS
(7) Commencing two (2) years after the
effective date of this chapteievery change of beneficiary form issued by an insurahce company under
""llife or endowment insurance policy or annuity contract to' an insured otowner whose is a resident of this state must request the following info~tion: .
(11) The name of each beneficiary, or if a class of beneficiaries is n""'ed;~the name of each current beneficiary in the class;
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(b) -The address of each beneficiary; and (:
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;o;, ~5~~ary to be insured, a, c~ 4-507
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14-508. Deposits held by utilities. (1) A deposit, including an:f1.interest thereon, made by a subscriber with a utility to secure payment
or3!1;any sum paid in advance for utility services to be furnished
, less any lawfuIdeductions, that remains unclaimed by the owner for more than one (1) year::'
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after termlluition of services for which the dePosit or advance payment wa~
;B:made is presumed abandoned. (2) The public utilities rnmi~sion may certify that a utility is partici-pating in a financial assistance program which assists the utility's lowincome and' disadvantaged customers with their utility bills. Upon certifi-cation to the admi~strator, the utility shall pay the funds which would havebeen presumed to be abandoned unde:r subsection (1) of this section to thefinancial 'assistance program certified by the public utilities ,commission.The utility shall remain obligated to file its report of such abandonedproperty as required by section 14-517, Idaho Code. (I.~ 14-508, as addedby 1983, ch. 209, ~ 2, p. 563; am. 1997, ch. 399, ~ 5, p. 1262.
, Compiler's notes. Former ~ 14-508 wasrepealed. See Compilers notes
, ~
14-501.Sections 4 and 6 of S.L. 1997, ch. 399 are
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(4) At the tin: lt~17r~:~:~
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in subsection (1
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1992, ch. 21
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compiled as ~~ 14-504 and 14-512.Sec. to sec. ,ref. This section is referred toin ~ 14-524.
14.509. Refund held by business associations. Except to theextent otherwise ordered by the court or administrative ~gency, any sumthat a business association has been ordered to refund by a court ordmiuistrative agency which has remained unclaimed by the owner formore than one (1) year after it became payable in
accordance with the finaldetermination or order providing for the refund
, whether or not the finaldetermination or order requires any person entitled to a refund to make a
claim for it, is presumed abandoned. IT.~ 14-509, as added by 1983, ch.209, ~, 2, p. 563.
Compiler s note
repealed. See ComI :
Sections 1 and 3
compiled' as ~* 14 tively.
Compil~rs notes., Former ~ 14-509 wasrepealed. See Compiler s notes, ~ 14-501.
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