20050816_1290.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:BEVERL Y BARKER
DATE:AUGUST 12, 2005
RE:PETITION FILED BY THE IDAHO COMMUNITY ACTION AGENCY
TO AMEND THE COMMISSION'S UTILITY CUSTOMER RELATIONS
RULES, IDAP A 31.21.01 - CASE NO. RUL-04-
BACKGROUND
On July 22 2004, the Idaho Community Action Network (ICAN) filed a "Petition for
Rule Change." More specifically; ICAN proposes changes to six existing rules and the adoption
of one new rule, all found in the Commission s Utility Customer Relations Rules, IDAP A
31.21.01. In response to ICAN's Petition, the Commission issued Order No. 29573 on August
, 2004, to initiate a negotiated rulemaking so that interested persons would have the
opportunity to discuss the merits of the proposed changes and determine whether there is
consensus on the proposed changes or alternatives to the proposed changes. Public workshops
were held in Boise and Coeur d' Alene on October 21 and 26 2004, respectively. Among those
in attendance at the workshops were representatives of Avista, Idaho Power, Intermountain Gas
PacifiCorp, the Community Action Partnership Association of Idaho (CAP AI), the Idaho Office
for Refugees, Idaho Legal Aid, the North Idaho Community Action Agency, and the
Commission Staff as well as members and staff of ICAN. Although regulated water utilities
would be affected by several of the proposed rule changes, no water utility representatives
attended the workshops.
In addition to the workshops, representatives of A vista, Idaho Power, Intermountain Gas
PacifiCorp, Commission Staff, CAP AI and ICAN met several times to identify "Best Practices
for energy utilities with respect to the Moratorium. The informal discussions allowed
participants to share information and perspectives while exploring how to create more uniform
DECISION MEMORANDUM - 1 -AUGUST 12, 2005
and customer- focused utility practices. The Moratorium Best Practices Guidelines, which are
not part of these draft rules, are now being finalized. When completed, the resulting guidelines
will provide a framework for utilities to use in developing more detailed policies and practices.
THE ICAN PETITION
ICAN states in its Application that it is a statewide, grassroots organization dedicated to
social, racial and economic justice for all Idahoans. ICAN notes that its members have
experienced increasing difficulties in maintaining utility services. "As utility rates rise, our
(members ) incomes and the low-income energy assistance funds available to (our members)
have stagnated or decreased. As a result, an increasing number of families in Idaho have had
problems paying utility bills and have had service terminated." Petition at 1. ICAN states that
this experience has convinced its members that the Utility Customer Relations Rules need
strengthening to "protect vulnerable low-income families from (service) shutoffs.Id.
ICAN petitions the Commission to amend six existing rules and adopt a new rule. This
memo provides a brief explanation of why ICAN is proposing the change(s) in each rule, a
summary of workshop discussions, and Staff s recommendation to accept, amend, or deny the
proposed change(s). Attachment A shows the current utility customer rule with ICAN'
proposed changes shown in legislative "strikeout" or "underline" format. (Strikeout denotes text
proposed for deletion and underline denotes added text.) The ICAN proposals have been edited
in places to maintain consistency with rulemaking punctuation as required by the Office of
Administrative Rules. Attachment B shows Staff s proposed changes to the current rules.
STAFF RECOMMENDATION
Staff recommends that the Commission amend Rules 305, 306, 311 , and 701 as more
particularly described below. The majority of Staffs proposed changes are supported by Avista
Idaho Power, Intermountain Gas and PacifiCorp. ICAN expressed support for Staffs revisions
although it remains committed to advocating its original position before the Commission. Staff
does not recommend revising Rule 304 or Rule 308 as proposed by ICAN, nor does Staff
recommend adoption of a new Rule 702.
Proposed rules must be submitted to the Office of Administrative Rules no later than
August 24 2005, for inclusion in the October 5th Administrative Bulletin. The comment period
DECISION MEMORANDUM - 2-AUGUST 12, 2005
will end October 26th The Commission must then decide whether to submit pending rules for
review by the Legislature no later than November 16th Because timelines will be short, Staff
recommends that a public hearing date be set now if the Commission wishes to receive oral
testimony concerning the proposed rules.
COMMISSION DECISION
1. Does the Commission wish to schedule a public hearing(s) regarding its proposed rules?
DISCUSSION
Rule 306
Termination of Residential Gas and Electric Service-Winter Payment Plan
(The Winter Moratorium)
ICAN Proposal
ICAN proposes several changes to Rule 306 to expand the customer protection afforded
by this rule, commonly referred to as the "winter moratorium." The existing rule generally
prohibits utilities from terminating natural gas and electric service for residential customers
whose households contain children, the elderly, or the infirm during the months of December
January and February. IDAPA 31.21.01.306. ICAN proposes to extend the existing three-month
moratorium period to five months by adding the months of November and March. ICAN claims
that of the 35 states with date-based winter moratoriums, Idaho and West Virginia have the
shortest moratorium periods. ICAN reports that 12 states have November-March moratoriums
26 states include all or part of November, and 30 states include all or part of March. Petition at
1. ICAN maintains that Idaho winters last longer than just three months. It referred to an exhibit
in the most recent Idaho Power rate case that purports to show that winter electricity usage in the
Idaho Power service territory increases starting in November and continues through April.
Id. at 3.
Second, ICAN proposes to modify Rule 306 to require that gas or electric utilities must
connect or reconnect service during the moratorium to applicants requesting connection at a
residence where service is not currently provided. Finally, ICAN proposes to modify the
existing rule regarding successive participation in the winter payment plan.
DECISION MEMORANDUM - 3 -AUGUST 12, 2005
Summary of Workshop Discussion
While not necessarily disagreeing with the proposed expansion of the moratorium
protection period, several workshop participants (including all utilities and CAP AI) advocated
that customers be required to make monthly payments. Among the options discussed for
determining mandatory payment amounts were setting a minimum monthly payment using a
fixed dollar amount, requiring payment of a certain percentage of the customer s monthly bill
amount, or requiring payment of a fixed percentage of the customer s monthly Level Payment
Plan amount, similar to what is now done under a Winter Payment Plan. 1 Not everyone who
advocated that customers be required to make monthly payments was in favor of making that a
condition of receiving moratorium protection, however. Participants did not identify any
alternative incentive or disincentive to induce customers to pay if disconnection was prohibited.
CAP AI suggested that moratorium eligibility be expanded to include customers eligible
for LIHEAP benefits, maintaining that adding that option would benefit those low-income
customers who are unable to pay but whose households do not have elderly, children or infirm
person. There are no income-based eligibility requirements under the current rule.
Staff Comments and Recommendation
Expanding the moratorium time period. Staff surveyed other states in order to get a
better understanding of winter moratorium programs across the country. Staff discovered that
the source material used by ICAN in preparing its Petition contained some incorrect information.
In addition, Staff found that there is a great deal of interplay between commissions ' rules-or
policies that apply year round and those that only apply in winter months or under certain
weather conditions. For example, Oregon does not have a winter moratorium, but it does have a
liberal year-round policy addressing health endangerment. Iowa has a winter moratorium that
extends from November 1 to April 1 , but it is restricted to those residential customers who are
eligible for LIHEAP. Regardless of the time of year, Iowa prohibits disconnection of any
residential customers when the temperature is 20 degrees or colder. Washington s winter
moratorium runs from November 1 to March 31 , but residential customers must pay a minimum
of 7% of monthly household income plus one-twelfth of the monthly bill in order to retain
servIce.
1 The existing Winter Payment Plan requires a monthly payment during the winter that is 50% of the level pay
amount.
DECISION MEMORANDUM - 4-AUGUST 12, 2005
Many states require customers who fall into a protected class to establish payment plans;
failure to pay as agreed may result in disconnection of service during the moratorium period.
Several states with date-based winter moratoriums only prohibit disconnection if temperatures
fall below a certain threshold, e., 32 degrees, during that period. The vast majority of states
have more restrictive requirements than Idaho, either by specifying that temperatures drop below
a certain point or limiting eligibility to customers who meet more narrow criteria, such as those
who are low-income or elderly.
Staff is not convinced that there is sufficient reason to expand Idaho s moratorium to
include November and March as proposed by ICAN. Workshop discussions in this rulemaking
proceeding covered essentially the same ground as that covered in a prior proceeding, Case No.
GNR-02-1. In its Order No. 29165, issued in November 2002, the Commission reaffirmed
four goals for its winter moratorium policy:
In 1987, the Commission articulated four goals for its winter
moratorium policy: 1) preserve public health and safety by limiting
the circumstances under which service may be terminated during
winter months; 2) encourage the development of good payment habits
by customers; 3) provide relief from impossible financial obligations;
and 4) facilitate collection of problem accounts. General Order No.
177. Although nearly 15 years have passed, we believe that these
goals are still relevant today.
Order No. 29165 at 8.
The current policy balances the needs of certain vulnerable customers to retain service
during the coldest winter months with utilities' need to receive payment in full during each of
those months. Adding additional months of protection from disconnection upsets that balance
and would, in Staff s opinion, open the door to further discussion about requiring moratorium
participants to make mandatory monthly payments, regardless of those customers ' personal
circumstances. Staff is not convinced that such discussions would lead to better public policy
than what we have today.
Simply expanding the moratorium period, as proposed by ICAN, places utilities at greater
financial risk. According to data gathered by utilities over the winter of 2002-2003 , over 80% of
moratorium participants owed a past due amount as of March 1, 2003. This is despite the fact
that most customers made at least one payment during the moratorium period. In aggregate
DECISION MEMORANDUM - 5 -AUGUST 12, 2005
moratorium customers had a past due balance of over $3 000 000. The average amount owing
per customer ranged from a low of$167 for Intermountain Gas to a high of$375 for Avista
The potential for larger arrearages to accumulate over an expanded moratorium period is high.
Individual customers would be impacted negatively as well, making it harder for them to payoff
larger arrearages and placing them at greater risk of disconnection.
Rather than expand the moratorium to include more months, Staff recommends that the
Commission invite comment on whether to expand the eligibility criteria for the moratorium to
include customers who receive LIHEAP. As suggested by CAP AI in the workshop discussions
this would allow customers who do not meet the current moratorium eligibility criteria (elderly,
children or infirm) but are low-income and facing financial hardship to receive moratorium
protection if they so choose. Adding the eligibility criteria would also encourage eligible
customers to apply for LIHEAP and receive the benefits to which they are entitled.
According to data gathered by the utilities, 20 777 customers had LIHEAP benefits
applied to their accounts during the 2002/2003 heating season. This represents 3% of total
residential energy customers. Of those 20 777 customers, only 20% (4 094) declared eligibility
for the moratorium. According to CAP AI, 29 867 households received LIHEAP benefits during
the 2002/2003 heating season. Eighty percent (23 737) of the households had members who
were elderly, handicapped, or children 5 or younger. It is probably reasonable to assume that the
majority of LIHEAP recipients would be covered under the existing eligibility criteria for the
moratorium. However, there are some LIHEAP recipients, including handicapped adults and
low income wage earners (also known as "the working poor ) who are unable to keep up with
their winter heating bills but do not qualify for moratorium protection under the current rule.
Staff recognizes that adding LIHEAP to the eligibility criteria would alter the underlying
logic of the moratorium, adding an income-based test to the existing public health and safety
criteria. Staff notes that the idea of adding LIHEAP was discussed only briefly during the
workshops. In subsequent discussions, utilities have expressed concerns about straying from the
historic rationale for the moratorium as well as the potential financial impact on both customers
and utilities of allowing more customers to receive protection from disconnection. Staff s intent
in making this proposal is to provide interested parties with the opportunity to comment formally
on this important issue.
2 A vista provides both electric and gas service to residential customers.
DECISION MEMORANDUM - 6 -AUGUST 12, 2005
Modifications to Winter Payment Plan. ICAN's proposed modifications to Rule 306.
are unnecessary. Once an applicant has been accepted for service by a utility, he or she becomes
a customer. If the customer meets the eligibility criteria (declares that he or she is unable to pay
in full for utility service and whose household includes children, elderly or infirm persons), he or
she can establish a Winter Payment Plan. Therefore, there is no need to amend the rule to offer
applicants the opportunity to sign up for the Winter Payment Plan. The remaining changes to
Rule 306.03 are related to ICAN's proposal to expand the moratorium to include November and
March. Since Staff does not support adding the two months, it recommends against making
these changes as well.
Staff does not support elimination of Rule 306.06 as proposed by ICAN. Staff does not
know how many of the relatively few customers who sign up for the Winter Payment Plan
choose to sign up in succeeding years. Staff notes that less than 200 customers were on the
Winter Payment Plan during the winter of2002-2003; only 54 customers paid as agreed. Staff
suspects that the existing requirement - that the balance owing as of November 1 does not exceed
$75 or the amount of the customer s previous monthly billing, whichever is greater - comes into
play rarely, if ever.
During the "Best Practices" discussions, utilities pledged to make customers who might
benefit more aware of payment options, including Level Pay and Winter Pay, as well as make
sure that those choosing to participate understand their obligation to pay as agreed. As a result of
the utilities' renewed efforts to make customers aware of the Winter Payment Plan , it may be
that more customers will take advantage of it in the future. Since the Winter Payment Plan
requires customers to make regular monthly payments throughout the moratorium period -
encouraging them to pay rather than not pay - customers should not be prevented from
participating in succeeding years if the customer honored his or her previous payment agreement.
Staff recommends revision of Rule 306 to eliminate the restriction on participation in succeeding
years. ICAN, Avista, Idaho Power, and PacifiCorp supports Staffs proposed revision;
Intermountain Gas does not.
Customers and applicants who move. ICAN proposes to change Rule 306., 306.
and 306.07 so that gas or electric utilities will be required to provide service to any existing
customer who moves to a new address or applicant who requests service during the moratorium
period and declares eligibility for the moratorium. Past credit history or unpaid bills could not
DECISION MEMORANDUM - 7 -AUGUST 12, 2005
taken into consideration, and service that had been physically disconnected would have to be
reconnected. Staff agrees in part with ICAN' s suggestion regarding customers and applicants
who move to a different location during the moratorium period.
In the "Best Practices" discussions, utilities indicated that they were willing to provide
service to a customer who had previously signed up for the moratorium and subsequently moved
to another location within the same utility s service territory during the months of December
through February, regardless of the customer s payment history or the fact that a balance was
owing. In other words, utilities are willing to treat an existing customer s moratorium eligibility
status as portable to a new location. The existing Rule 306 allows, but does not require utilities
to do this. Staff recommends that Rule 306 be amended to reflect what is now current practice.
ICAN, Avista, Idaho Power, Intermountain Gas, and PacifiCorp support Staffs proposal to add a
new subsection .08 to Rule 306.
Staff does not support ICAN's proposal that utilities be required to provide service to any
applicant3 during the moratorium period regardless of past payment history or an unpaid bill
owing at the time of application for service. However, Staff does support requiring utilities to
provide service if the applicant had received service within the past 30 days, declared eligibility
for the moratorium, and subsequently moves to a new residence. Adding this provision as
306.09 would provide a narrow exception to the general rule requiring applicants to pay
outstanding bills prior to receiving service and would allow both customers and applicants who
had been protected by the moratorium prior to moving to retain that protection at a new
residence.
If the Staffs proposed Rule 306.09 is not adopted, someone who moves and has a gap in
service of 10 days or less (a "customer ) will be treated more favorably than someone who
moves and has a gap in service of more than 10 days (an "applicant"). Staffs proposal , in
essence, gives former customers some additional time to move and reapply for service during the
months of December through February without being held to the more stringent credit criteria
3 "Applicant" is defined as "any potential customer who applies for service from a utility". A customer who moves
from one location to another continues to be considered a customer if he or she had received service from that utility
within the past ten (10) calendar days. See Rule 5, UCRR.
DECISION MEMORANDUM - 8 -AUGUST 12, 2005
that generally applies to applicants. No party has had an opportunity to comment informally on
Staffs proposal (in its current form) to add a new subsection .09 to Rule 306.
COMMISSION DECISION
1. Does the Commission wish to adopt as a proposed rule ICAN's revisions to Rule 306?
2. Alternatively, does the Commission wish to adopt Staffs proposed revisions to Rule
306?
3. Does the Commission wish to revise Rule 306 in some other manner?
Rule 304
Requirements for Notice to Customers Before Termination of Service
ICAN Proposal
ICAN proposes two changes to the Commission s Rule 304 dealing with a utility s initial
and final notices of service termination. First, ICAN proposes to amend Rule 304.01 to double
the number of days (from 7 days to 14 days) between the date the customer is served with the
initial notice of disconnection and the actual date of disconnection. Second, ICAN proposes to
change Rule 304.02 that requires the utility to diligently attempt to contact the affected customer
either in person or by telephone at least 24 hours before the proposed date of service termination.
ICAN proposes that there be at least two documented attempts to contact the affected customer
at different periods of the day.
Summary of Workshop Discussion
ICAN recited instances where customers were not able to respond quickly enough to
notification by the utility to avoid disconnection or alleged that they did not receive notification.
CAP AI stated that low-income people often postpone payment of bills as long as possible and
out of financial necessity, disregard "early" warnings of disconnection. Although those utilities
in attendance were not opposed to mailing initial notices 14 calendar days before the proposed
date of termination, as proposed by ICAN, it became apparent during the discussions that ICAN
primarily was concerned about final notices rather than initial notices.
Having a final notice in hand affects how a customer seeking financial assistance is
treated. CAP AI indicated that customers who have received final notices are given priority in
getting an appointment to review an application for LIHEAP benefits; having a final notice is not
DECISION MEMORANDUM - 9 -AUGUST 12, 2005
required, however, for consideration of eligibility for LIHEAP. Project Share requires applicants
to have a final notice in hand before considering whether to provide assistance. Other public and
private entities offering help in paying utility bills sometimes impose requirements similar to
those of Proj ect Share, forcing affected customers to seek help at the last minute. Customers in
that situation face a greater risk of being disconnected, since there is no assurance that they will
actually receive assistance.
Everyone agreed that the notification process should provide customers with adequate
advance warning that service was scheduled for disconnection. Staff acknowledged that it is in
the best interest of utilities and the general body of ratepayers to keep customers "on service
Utilities face challenges in dealing with customers who face imminent disconnection.
Intermountain Gas indicated that only 29% of those customers who receive an initial notice
either payor make payment arrangements. Of those who receive a final notice, 81 % payor
make arrangements and 19% are unable to avoid disconnection of service. Other utilities echoed
the concern that the majority of customers facing disconnection do not pay until late in the
collection process.
Utilities objected to ICAN's proposal to prescribe more precisely how final oral notices
should be handled, citing difficulty in programming automated dialers and other logistical
considerations. Staff agreed with ICAN in principle that a "diligent" attempt to provide oral
notice would consist of two or more calls being placed to the affected customer. Staff noted
however, that utilities had indicated in the past that, for a variety of reasons, it is difficult to
reach customers by telephone in order to provide the final oral notice required under the current
rule.
Staff Comments and Recommendation
Staff agrees with ICAN that there are problems with the current notification process, but
does not recommend adoption of the proposed changes at this time. Enough issues have been
raised to merit a more comprehensive review of how to efficiently and effectively provide notice
to customers. Rather than continue with a formal rulemaking proceeding to accomplish this
Staff recommends that an informal, collaborative approach be taken to identify best practices and
develop new rules. It is Staff s understanding that utilities and ICAN would support this effort.
DECISION MEMORANDUM - 10 -AUGUST 12, 2005
COMMISSION DECISION
4. Does the Commission wish to adopt as a proposed rule ICAN's revisions to Rule 304?
5. Does the Commission wish to revise Rule 304 in some other manner?
Rule 305
Contents of Notice of Intent to Terminate Service
ICAN Proposal
In its Application, ICAN proposes several changes to Commission Rule 305 that
prescribes the information that must be contained in a utility s initial or final notice of service
termination. ICAN proposes that Rule 305.03 require the termination notice to include
information regarding the winter moratorium. ICAN also proposes to add a new subsection .
to Rule 305 that requires all disconnection notices to contain an explicit warning and that the
termination notices be published in English, Arabic, Farsi, Russian, Serbo-Croatian, Spanish, and
any other language when requested by at least 20 customers. Finally, it proposes that the final
notice contain the specific date and time that service will be disconnected as a new subsection
08 of Rule 305.
Summary of Workshop Discussion
Utilities and Staff questioned the need for providing information about the moratorium on
customer notices regardless of the time of year. Staff observed that this rule also applies to water
utilities, and that customers of water utilities might find it confusing to receive information on
the moratorium, which only applies to gas and electric service, on disconnection notices from
their water company.
Utilities next maintained that it would be difficult, if not impossible, to include on notices
the precise date and time that disconnection of service will take place. Even specifying morning
or afternoon time frames would be problematic, interfering with the utility s ability to manage its
workforce efficiently or respond to emergencies. ICAN indicated that customers need to know
when service was scheduled for disconnection so that they could plan accordingly and hopefully
prevent it from happening. For example, a customer could have a check ready to give to the
service technician when he or she arrived to disconnect service.
Utilities questioned the need for providing the suggested information in languages other
than English on disconnection notices. Utilities generally recognized the need to make some
DECISION MEMORANDUM - 11 -AUGUST 12, 2005
accommodations for non-English speaking customers, and pointed out current practices such as
employing Spanish-speaking customer service representatives, having Spanish-language menu
options on utility Call Center interactive voice response systems, and using on-call third-party
translation services to communicate with customers via telephone.
Staff Comments and Recommendation
Staff does not support the recommended rule changes to Rule 305. However, Staff
proposes that the rule be amended in a different manner than that proposed by ICAN. Requiring
utilities to provide information about the moratorium throughout the year is both unnecessary
and counter-productive. Unfortunately, customers tend to become de-sensitized to the messages
contained on routine notices. Staff prefers to see distinctive, targeted, and timely information
provided to customers immediately before and during the moratorium period. Staff proposes that
a new subsection .02 be added to Rule 305 to require that disconnection notices issued during the
months of November through February by electric and gas utilities either include or be
accompanied by information about the winter moratorium and the availability of payment plans
including level pay and the winter payment plan.
Staff agrees with ICAN that customers need to be provided with adequate advance notice
of disconnection. However, it would be impractical and inadvisable to require utilities to
identify the exact date and time of disconnection. Such a requirement could have the undesirable
impact of encouraging customers to put off paying, making payment arrangements, or seeking
financial assistance until the last possible minute. Customers who wait to pay at the door
immediately prior to disconnection increase both their own costs (there is a fee assessed if an
energy utility collects payment at the customer s premises) and general ratepayer costs (the fee
does not pay all utility costs associated with a collection visit).
It is certainly important for utilities to accommodate customers who speak languages
other than English. Within the context of formal cases before the Commission as well as in
informal discussions, Staff has encouraged utilities to identify and address any language barriers
that exist within their service territories. However, Staff cannot support the broad foreign
language requirement suggested by ICAN.
DECISION MEMORANDUM - 12 -AUGUST 12, 2005
The 2000 U.S. Census4 shows that the majority of Idahoans (91 %) speak only English at
home. Of the 111 879 Idaho residents who speak a language other than English at home, 77%
also speak English well or very well. The foreign language most often spoken in Idaho homes is
Spanish; almost 7% of the state s population (80 241 people) speak Spanish at home. With the
exception of Spanish, relatively few Idaho residents speak the other languages identified by
ICAN; 1 113 residents speak Serbo-Croatian, 1 113 speak Russian, and 344 speak Arabic. No
information is available on how many residents speak Farsi.
Census data tells us what languages residents speak, but there is no easy way to
determine how that translates into the number of households served by regulated utilities. It is
unlikely, however, that there is an even distribution of non-English speaking customers
throughout the state. According to the 2000 Census, there are more Hispanics living in the
counties served by Idaho Power than there are in other regions of the state. Of those counties
several had a relatively high Hispanic population; in particular, 26% of Minidoka County
residents were Hispanic.5 There is no evidence to suggest that customers who speak a language
other than English are particularly at risk of disconnection. Rather than prescribe a uniform
requirement focused solely on disconnection notices, the more prudent approach is to examine
the special needs of customers within each utilities ' service territory and develop a customized
solution to whatever problems exist.
COMMISSION DECISION
6. Does the Commission wish to adopt as a proposed rule ICAN's revisions to Rule 305?
7. Alternatively, does the Commission wish to adopt Staffs proposed revisions to Rule
305?
8. Does the Commission wish to revise Rule 305 in some other manner?
4 All data is for persons 5 years of age or older.5 The 2000 Census does not provide data on how many persons identified as Hispanic speak Spanish in the home
although it is reasonable to assume that many do.
DECISION MEMORANDUM - 13 -AUGUST 12, 2005
Rule 308
Serious Illness or Medical Emergency
ICAN Proposal
The Commission s Rule 308 currently provides that a utility shall postpone termination
of residential utility service for 30 days upon receipt of a medical certificate stating that
disconnection would adversely affect the health of a person residing in that subject household.
ICAN proposes that Rule 308.01 be modified to suspend or postpone the disconnection of
service for a period depending upon the person s medical condition for a period not to exceed six
months. If the medical condition is a chronic illness, then the postponement may extend up to 12
months. ICAN recommends that at least 15 days before the certificate is to expire, the utility
give the customer written notice of the pending expiration in Rule 308.03. It also suggests that
the postponement of termination may continue "as long as the health endangerment continues.
Petition at 7.
Summary of Workshop Discussion
Utilities questioned the need for the proposed changes. In 2003 , a combined total of758
customers presented medical certificates to Avista, Idaho Power, Intermountain Gas and
PacifiCorp. Utilities do not collect data on renewal of certificates, so it is unknown how often
customers obtained a second certificate following their original 30-day extension. Staff
mentioned that, unlike Idaho, other states require partial payment and/or payment arrangements
as a pre-condition for obtaining a medical extension. Staff also noted that ICAN's proposed
change had the unintended effect of limiting medical certificate renewals to customers of electric
and gas utilities.
There was general agreement that the existing rule does not address situations where the
customer or member of his or her household has a chronic illness. Utilities stated a preference to
continue current practice of addressing payment problems involving customers with chronic
health issues on an individual customer basis. In particular, Avista mentioned that its "Cares
Representatives" focus on working with customers with special needs.
Staff Comments and Recommendation
Staff does not support the suggested changes to Rule 308. Relatively few customers
currently obtain medical certificates in order to postpone disconnection of service. Admittedly,
the current rule provides only a limited extension of time in which to pay past due bills and does
DECISION MEMORANDUM - 14-AUGUST 12, 2005
not specifically address chronic illnesses. Although there may be some merit to exploring the
subject of medical certificates further, there is no evidence to suggest that utilities past practices
have been unfair or unreasonable.
ICAN's proposed modifications to the rule may have the unintended effect of making it
more difficult for customers to obtain medical certificates. Under the proposal, medical
professionals would be required to specify the anticipated length of an illness, which might be
difficult to predict. Medical professionals may also find such a requirement to be burdensome
and possibly an infringement on the customer s right to privacy.6 Under such circumstances
medical professionals may not provide all of the required information or may refuse to sign
certificates.
Staff also questions the need to notify a customer 15 days prior to expiration of his or her
certificate as proposed in Rule 308.03. Only customers who failed to payor make satisfactory
payment arrangements would be subject to collection action following the expiration of a
medical certificate. Providing notice of certificate expiration is unnecessary for customers who
have made payment arrangements, and those who have not will eventually receive a notice of
disconnection, which must include information about the medical certificate option.
COMMISSION DECISION
9. Does the Commission wish to adopt as a proposed rule ICAN's revisions to Rule 308?
10. Does the Commission wish to revise Rule 308 in some other manner?
Rule 311
Restrictions on Termination of Service -- Opportunity to Avoid Termination of Service
ICAN Proposal
The Commission s existing Rule 311.01 prohibits the termination of service on a
Saturday, Sunday, legal holiday or after 2 p.m. on any Friday or any day immediately preceding
6 Out of similar concerns, the Commission previously revised Rule 308 to eliminate the requirement that medical
professionals identify the nature of the customer s illness or medical condition on medical certificates.
DECISION MEMORANDUM - 15 -AUGUST 12, 2005
any legal holiday. ICAN proposes that this rule be amended to prohibit disconnection on
weekends, Fridays or on any day preceding a legal holiday.
Summary of Workshop Discussion
ICAN reiterated its argument that customers find it difficult to negotiate with utilities or
attempt to secure financial assistance to either avoid disconnection or get reconnected on Fridays
or days before holidays. A vista, Idaho Power, Intermountain Gas and PacifiCorp indicated that
very few, if any, involuntary disconnections are scheduled around the Thanksgiving, Christmas
and New Year s Day holidays. Five other holidays (Martin Luther King Jr. Day/Idaho Human
Rights Day, President's Day, Memorial Day, Labor Day, and Columbus Day) occur on
Mondays; the current rule already prohibits disconnection on weekends. The combination
current practice and Monday holidays means that prohibiting disconnection on the day before the
remaining two holidays (Independence Day and Veteran s Day) is most likely to affect utilities.
Although the utilities did not oppose an amendment to preclude disconnection before a holiday,
there was little support for prohibiting disconnection on Fridays. PacifiCorp expressed a
willingness to not disconnect residential customers on Fridays, but did not want a similar
prohibition for business customers. Other utilities were opposed to prohibiting disconnection on
Fridays, stating that it would impair their ability to efficiently manage their workforces.
Intermountain Gas stated that 12% of all disconnections are done on Fridays, meaning that the
proposed rule change would have a significant impact on the utility s operations.
Staff Comments and Recommendation
Staff supports ICAN's proposal to prohibit disconnection on the day before holidays.
Disconnection on Fridays is more problematic. Under the current rule, disconnection is allQwed
between 8 a.m. and 2 p.m. on Fridays. Prior to May 2003, no disconnection was allowed after
noon on Fridays. The Commission approved the change from noon to 2 p.m. in response to
Intermountain Gas' advocacy that disconnection should be allowed until 4 p.m. on Fridays. See
Case No. 31-2101-0201. In light of the Commission s prior decision, Staff is reluctant to support
ICAN's proposal to prohibit disconnection on Fridays. However, as a compromise position
Staff recommends that the Commission reconsider its earlier decision and reinstate the noon
deadline on Fridays in Rule 311.01. A vista, Idaho Power and PacifiCorp support Staff s
proposed amendments. Intermountain Gas supports the change prohibiting disconnection on the
day before holidays, but does not support changing the Friday deadline to noon.
DECISION MEMORANDUM - 16 -AUGUST 12, 2005
COMMISSION DECISION
11. Does the Commission wish to adopt as a proposed rule ICAN's revisions to Rule 311 ?
12. Alternatively, does the Commission wish to adopt Staffs proposed revisions to Rule
311 ?
13. Does the Commission wish to revise Rule 311 in some other manner?
Rule 701
Summary of Rules
ICAN Proposal
Rule 701 provides that each utility make available to its customers an annual summary of
the Commission s Customer Relations Rules. IDAPA 31.21.01.701. ICAN proposes that Rule
701 be modified to provide that the annual summary be posted in the utility s local office(s) in
both English and Spanish. The annual summary must also be made available in Arabic, Farsi
Russian, Serbo-Croatian, Spanish and any other language requested by at least 20 customers.
See proposed Rule 702.02. It further suggests that the annual summary advise customers about:
(1) winter moratorium; (2) medical certificates; (3) how to lodge a complaint with the utility; and
(4) how to file a complaint with the Commission.
Summary of Workshop Discussion
Utilities questioned the need to provide rule summaries and post notices in local offices
in the languages proposed by ICAN. The concerns expressed were similar to those in discussion
of Rule 305. Staff noted that Rule 701 currently requires the Commission to provide foreign
language summaries upon request. Neither utilities nor Staffrecalls having received such a
request.
Staff also noted that the new requirements would apply to all regulated gas, electric and
water utilities, many of which have a relatively small number of customers. Finally, Staff stated
that requiring water utilities to make moratorium information available to their customers would
cause confusion.
Staff Comments and Recommendation
Staff does not support the requirement that local offices post notices in foreign languages.
As a result of local office consolidation and centralization of customer service functions
undertaken by electric and gas utilities in the past decade, local offices now handle far fewer
DECISION MEMORANDUM - 17 -AUGUST 12, 2005
face-to-face transactions, making the posting of notices in local offices a less useful means of
making information available to customers. With respect to ICAN's proposed language
requirements, Staff reiterates the concerns expressed with regard to Rule 305.
Staff supports adding more specificity with resgect to what should be contained in rule
summaries, but suggests alternative wording to that proposed by ICAN. Within the context of
several recent rate cases, Staffhas reviewed rule summaries and worked with each utility to
address any perceived problems. Staff is developing model rule summaries to provide guidance
to utilities, which it will make available upon request. Staff intends to prepare Spanish language
translations of the model summaries as well. Staff recommends that the existing rule be revised
to recognize that model summaries are available. Finally, Staff recommends that the existing
requirement that customers be advised of utilities' willingness to make payment arrangements
apply to all utilities rather than be restricted to energy utilities only. ICAN, A vista, Idaho Power
Intermountain Gas, and PacifiCorp supports Staffs proposed revisions.
COMMISSION DECISION
14. Does the Commission wish to adopt as a proposed rule ICAN's revisions to Rule 701?
15. Alternatively, does the Commission wish to adopt Staffs proposed revisions to Rule
701 ?
16. Does the Commission wish to revise Rule 701 in some other manner?
New Rule 702
Multilingual Notices
ICAN Proposal
Finally, ICAN proposes that the Commission promulgate a new Rule 702 requiring
utilities to provide the annual summary of the customer rules and termination notices in Spanish
Arabic, Farsi, Russian and Serbo-Croatian. This rule would also require that if 20 customers
request notices or summaries in a language other than these five foreign languages, then utilities
shall be required to make such additional foreign language notices available. The proposed rule
would require utilities to ascertain whether customers would like to receive notices or summaries
in a language other than English.
DECISION MEMORANDUM - 18 -AUGUST 12, 2005
Summary of Workshop Discussion
The same concerns were expressed with respect to this rule as there were in discussion of
Rule 305. Staff noted several inconsistencies in ICAN's proposal. Rule 702.01 refers to "each
utility . Rule 702.02 refers to "energy" as well as "large telecommunications" utilities. The
Utility Customer Relations Rules do not apply to telecommunications utilities.
Staff Comments and Recommendation
Staff does not recommend approval of this rule for the same reasons given in its
comments regarding the proposed changes to Rule 305.
COMMISSION DECISION
17. Does the Commission wish to adopt as a proposed rule ICAN's new Rule 702?
i:udmemos/ICAN rulemaking dec memo bab
DECISION MEMORANDUM - 19 -AUGUST 12, 2005
ATTACHMENT A
ICAN Proposal
RULE 306.
01. Restrictions On Termination Of Service To Households With Children, Elderly,
Or Infirm. Except as provided in Rule 303 , no gas or electric utility may terminate service or
threaten to terminate service during the months of December November through February March
to any residential customer who declares that he or she is unable to pay in full for utility service
and whose household includes children, elderly or infirm persons. During the period of the
winter moratorium. a gas or electric utility shall connect or reconnect service for an applicant or
customer who declares that he or she is unable to pay in full for utility service and whose
household includes children. elderly or infirm persons. regardless of any outstanding balance the
household may have at the current residence or any previous residence. A gas or electric utility
shall connect service for a customer who owes money on an existing account or from a previous
account when that customer moves to a new residence that does not currently have service. if the
customer declares that he or she is unable to pay in full for utility service and that his or her
household includes children. elderly or infirm persons.
02. Definitions For This Rule. For purposes of this rule:(7 -93)
a. "Children" are defined as persons eighteen (18) years of age or younger, but
customers who are emancipated minors are not children under this rule. (7-93)
b. "Elderly" are defined as persons sixty-two (62) years of age or older.(7 -93)
c. "Infirm" are defined as persons whose physical health or safety would be seriouslyimpaired by termination of utility service. (7-93)
03. Opportunity To Participate In Winter Payment Plan. Any residential customer
applicant who declares that he or she is unable to pay in full for utility service and whose
household includes children, elderly or infirm persons must be offered the opportunity to
establish a Winter Payment Plan. However, no customer may be required to establish such a
plan. Except as provided in Rule 303, no gas or electric utility may terminate service during the
months of November-througft-M.areh to any customer "'vYho establishes a \Vinter Payment Plan
before November-l.
,,-
customer may establish a \Vinter Payment Plan after No'vem~
extended-protection from termination of service of:fered-under such-a-plan \vill not begin unti1-the
date the--plan is establisheth--Failure of a participating customer to make payments as required
will result in cancellation of the-plan and-elimination of-the extended protection from termination
. The customer may use any source of funds to satisfy the
payment requirements of Winter Payment Plan. .c
04. Amount Of Payments Under Winter Payment Plan. Monthly payments under a
Winter Payment Plan are equal to one-half (1/2) of the Level Pay Plan amount for that customer.
The Level Payment Plan amount must be calculated according to Rule 313.06. (7-93)
05. Payment Arrangements Following Winter Payment Plan. If a customer who
received the protection of this rule has an outstanding balance owed to the utility, the customer
must either pay this balance or negotiate a new payment arrangement-
Attachment A
ICAN Proposal
8/12/05 Page 1 of 8
eF.
a-. Gn or after 1farch April , if the customer has not established a Winter Payment Plant
b-. On or after .L\pril1 , if the customer has established a "\Vinter Payment plan.Failure of
a customer to pay or make payment arrangements on or after these dates may result intermination of service. .c
06. Successive ParticipatiaB-In "'inter Payment Plan.
,,-
customer \vho participates in
a 'Ninter Payment Plan one (1) year must be--allo"vVed to participate in succeeding years if--the
customer has-honored-the payment arrangements ancl--the--balance ovyTing as of-N"ovember l-dees
not exceed seventy five dellars ($75) or the customer s utility--bill--fefe previous thirty (30)
days
, "
vVhichever is greater. RoY/ever, the utility is not required to connect or reconnect the
service of a customer or applicant "vVhe--does not currently--have utility service and o\ves an
Unoccupied Residences, Etc. Nothing in this rule prevents a gas or electric utility
from terminating service to unoccupied residences or residences where the occupants have failed
or refused to apply for utility service. Nething in this rule requires the utility to connect service
for a customer Y/ho OY/es money on an existing account v/heft-t.hat customer moves to a nevI
residence tftat-does not currently-have service.
Attachment A
ICAN Proposal
8/12/05 Page 2 of
RULE 304.
01. Initial Notice. If the utility intends to terminate service to a customer under Rule
302, the utility shall send to the customer written notice of termination mailed at least seven
fourteen 114)calendar days before the proposed date of termination. This written notice shall
contain the information required by Rule 305. (3 20 04j(
02. Final Notice. The utility may mail a final written notice to the customer at least three
(3) calendar days, excluding weekends and holidays, before the proposed date of termination.
Regardless of whether the utility elects to mail a written notice, at least twenty-four (24) hours
before the proposed date of termination, the utility shall diligently attempt to contact the
customer affected, either in person or by telephone, to advise the customer of the proposed
action and steps to take to avoid or delay termination. This final notice shall contain the same
information required by Rule 305. diligent attempt means at least two W documented
attempts at different periods of the day to contact the customer. (3 20 041!
03. Additional Notice. If service is not terminated within twenty-one (21) calendar days
after the proposed termination date as specified in a written notice the utility shall again provide
notice under Subsections 304.01 and 304.02 if it still intends to terminate service. (3-20-04)
04. Failure to Pay. No additional notice of termination is required if, upon receipt of a
termination notice, the customer: . (3-20-04)
a. Makes a payment arrangement and subsequently fails to keep that arrangement;
(3-20-04)
b. Tenders payment with a dishonored check; or (3-20-04)
c. Makes an electronic payment drawn on an account with insufficient funds.(3-20-04)
Attachment A
ICAN Proposal
8/12/05 Page 3 of
RULE 305.
The written or oral notice of intent to terminate service required by Rule 304 shall state: (7-93)
01. Reasons For Termination. The reason(s), citing these rules, why service will be
terminated and the proposed date of termination; (7-93)
02. Actions To Avoid Termination. Actions the customer may take to avoidtermination of service; (7 -93)
03. Medical Certificate and Winter Moratorium That a certificate notifying the
utility of a serious illness or medical emergency in the household may delay termination
prescribed by Rule 308. That no gas or electric utility may terminate service or threaten to
terminate service during the months of November through March to any residential customer
who declares that he or she is unable to pay in full for utility service and whose household
includes children. elderly or infirm persons.
04. Filing Complaints. That an informal or formal complaint concerning termination
may be filed with the utility or the Commission, and that service will not be terminated on the
ground relating to the dispute between the customer and the utility before resolution of the
complaint (the Commission s address and telephone number must be given to the customer); and
(7-93)
05. Payment Arrangements. That the utility is willing to make payment arrangements
(this statement must be in bold print on written notices). . (7-93)
06. Partial Payments. That for purposes of termination, partial payments will be
applied toward utility service charges first, unless the customer requests otherwise, and that
charges for non-utility services cannot be used as a basis for termination. (3-30-01)
07. Notice in Lan2ua2es Other than En2lish. All energy utilities' disconnect notices
shall contain the following information translated into Serbo-Croatian. Arabic. Spanish. Russian
and Farsi and any other languages required by the Commission under Rule 702: !
IMPORTANT NOTICE: Your electric (or gas) service will be shut offbecause of an unpaid bill
on your account. You must call immediately to avoid shut off. If you are unable to read this
bill. please have someone translate it for you. If you are unable to find someone to translate this
notice. call (NAMELill.JNUMBER) who will help you. Information about your rights as a
customer and ways to stop your shut off are also available in this language. CALL NOW TOSTOP YOUR SHUT OFF.
.(
08. Time and Date of Termination. The final notice shall inform the customer that
service will be disconnected on a specific date and indicate the time of day that service will bedisconnected.
Attachment A
ICAN Proposal
8/12/05 Page 4 of
RULE 308.
01. Medical Certificate -- Postponement Of Termination Of Service. A utility shall
postpone termination of utility service to a residential customer
from on the date of receipt of a written certificate signed by a licensed physician or public health
official with medical training. An emergency medical certificate shall be valid only for the
length of time the health endangerment is certified to exist. but no longer than six (Q) months
without renewal for certificates not specifying chronic illnesses and no longer than twelve Q21
months for certificates specifying illnesses identified as chronic by the signing physician or
public health official.The certificate must contain the following information: (3 20 04).(
a. A statement that the customer, a member of the customer s family, or other permanent
resident of the premises where service is rendered is seriously ill or has a medical emergency or
will become seriously ill or have a medical .emergency because of termination of service, and
that termination of utility service would adversely affect the health of that customer, member of
the customer s family, or resident of the household. (3-20-04)
b. The name of the person whose serious illness or medical emergency would be
adversely affected by termination and the relationship to the customer, and (3-20-04)
c. The name, title, and signature of the person certifying the serious illness or medicalemergency. (3-20-04)
02. Restoration Of Service. If service has already been terminated when the medical
certificate is received, service shall be restored as soon as possible, but no later than twenty-four
(24) hours after receipt. +he customer shall receiTie service for thirty (30) caleftd.ar-days-from the
utility s receipt of-the certificate. (3 20 041.c
03. Second Postponement. Renewal of Medical Certificate. +he utility may postpone
termination of service upon receipt of a second certificate stating that-the serious illness or
meffieal emergency still exists. At least fifteen Qi) days before the certificate s expiration date.
an electric or gas utility will give the customer written notice of the date the certificate expires
unless it is renewed with the utility before that day arrives. A customer may submit additional
certificates and continue the postponement of termination. as long as the health endangerment
continues.
04. Verification Of Medical Certificate. The utility may verify the authenticity of the
certificate and may refuse to delay termination of service if it is determined that 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 topay any undisputed bill. (3-20-04)
Attachment A
ICAN Proposal
8/12/05 Page 5 of 8
RULE 311.
01. When Termination Not Allowed. Service shall not be terminated on any Friday-,-
after 2 p., or on Saturday, Sunday, legal holidays recognized by the State of Idaho , or after 2
fT:ffi: on any day immediately preceding any legal holiday, or at any time when the utility is not
open for business, except as authorized by Rules 303.01 and 303.02. Service may be terminated
between the hours of 4 p.m. and 9 p., Monday through Thursday, if the utility is unable to gain
access to the customer s meter during normal business hours. Unless otherwise authorized by
this rule, Rules 303.01 and 303., or the affected customer in writing, service may be
terminated only between the hours of 8:00 a.m. and 4:00 p.m. (5 3 03)(
02. Personnel To Authorize Reconnection. Each utility shall have personnel available
after the time of termination who are authorized to reconnect service if the conditions cited as
grounds for termination are corrected to the utility's satisfaction. Service shall be reconnected as
soon as possible, but no later than twenty-four (24) hours after the utility s conditions aresatisfied and the customer requests reconnection. (5-03)
03. Opportunity To Prevent Termination Of Service. Immediately preceding
termination of service, the employee designated to terminate service shall identify himself or
herself to the customer or other responsible adult upon the premises and shall announce the
purpose of the employee s presence. This employee shall have in his or her possession the past
due account record of the customer and shall request any available verification that the
outstanding bills are satisfied or currently in dispute before this Commission. Upon presentation
of evidence that outstanding bills are satisfied or currently in dispute before this Commission
service shall not be terminated. The employee shall be authorized to accept full payment, or, at
the discretion of the utility, partial payment, and in such case shall not terminate service. Nothing
in this rule prevents a utility from proceeding with termination of service if the customer or other
responsible adult is not on the premises at the time of termination. (5-03)
04. Notice Of Procedure For Reconnecting Service. The employee of the utility
designated to terminate service shall give to the customer or leave in a conspicuous location at
the service address affected a notice showing, the time of and grounds for termination, steps to
be taken to secure reconnection, and the telephone numbers of utility personnel or other
authorized representatives who are available to authorize reconnection. (5-03)
05. No Termination While Complaint Pending. Except as authorized by order of the
Commission or of the Judiciary, service shall not be terminated for failure to pay amounts in
dispute while a complaint filed pursuant to Rule 402 is pending before this Commission or while
a case placing at issue payment for utility service is pending before a court in the state of Idaho.
(7-93)
Attachment A
ICAN Proposal
8/12/05 Page 6 of
RULE 701.
Each utility must make available to its customers a summary of this chapter approved by the
Commission. The summary shall be provided to customers at least once each year and must be
available at local offices of the utility in Idaho and provided to each new customer upon
commencement of service. Notices posted in local offices shall be posted in English and
Spanish; other translations as required under Rule 70m must be available for distribution in the
offices.The summary sent by gas and electric utilities must include or be accompanied by
information explaining the Third-Party Notification Program described in Rule 307 and a
statement of the utility s willingness pursuant to Rule 311 to make payment arrangements to
assist customers having difficulty paying their utility bills. The summary must also include
explanations of the winter moratorium described in Rule 306 and the medical certificate
postponement of termination described in Rule 308. The summary must include a summary
Rules 401 and 402. explaining how to complain to the utility. how to complain to the
Commission. and the phone number of the Commission. The summary must provide notice that
service shall not be terminated nor termination be threatened by notice or otherwise in
connection with the subject matter of the complaint while the complaint is pending before the
Commission. so long as the customer continues to pay all amounts not in dispute. including
current utility bills. The summary must include the statement: "A version of a consumer rights
and responsibilities summary printed in this language is available by calling (name of utility)~
(phone number)." in each of the languages designated under Rule 702.Foreign language
summaries of the rules provided by the Commission to the utilities must be made available to
customers, civic organizations, etc., on request.
~!
Attachment A
ICAN Proposal
8/12/05 Page 7 of
702. MULTILINGUAL NOTICES (RULE 702).:
01. Translation. Each utility shall translate the following documents into Arabic. Farsi.
Russian. Serbo-Croatian. and Spanish and make these translations available to customers onrequest:
.(
c. Shutoff notices as described by Rules 304 and 305.
a. The summary of rules (Rule 7011:.
b. Multilingual warning on shutoff notices (Rule 305.07t
02. Language. When service is initiated. the energy utility shall inquire whether the
customer would like to receive notices in a language other than English and will inform the
customer of the type of notices and translations currently available. If the language chosen is not
available. the energy (or large telecommunications J utility will tell the customer the translated
version does not yet exist but the customer s interest will be recorded for the Commission. Each
energy (or large telecommunications J utility shall report to the Commission the number of
requests for notices and summaries in non-English languages. The reports shall specify the
number of requests for each language. The Commission shall review these reports annually. If
twenty (2.Q) customers in a utility s service area request translated notices in a language in a year.
the Commission shall require the utility to provide translated notices in that language.
.(
1 Telecommunications corporations are not subject to the Utility Customer Relations Rules but are subject to the
Telephone Customer Relations Rules, IDAPA 31.41.01.
Attachment A
ICAN Proposal
8/12/05 Page 8 of 8
ATTACHMENT B
Staff Proposal
IDAP A 31
TITLE
CHAPTER
31.21.01 - CUSTOMER RELATIONS RULES FOR GAS,
ELECTRIC AND WATER PUBLIC UTILITIES REGULATED
BY THE IDAHO PUBLIC UTILITIES COMMISSION
(THE UTILITY CUSTOMER RELATIONS RULES)
305.CONTENTS OF NOTICE OF INTENT TO TERMINATE SERVICE (RULE 305).
01. Contents of Notice.The written or oral notice of intent to terminate service
required by Rule 304 shall state:
,(
Gha. Reasons For Termination.The reason(s), citing these rules, why service will be
terminated and the proposed date of termination;
~b. Actions To
..
yoid Termination.Actions the customer may take to avoidtermination of service; .c
w-.c. l\1edical Certificate.That a certificate notifying the utility of a serious illness or
medical emergency in the household may delay termination as prescribed by Rule 308.
Q4-.d. Filing Complaints.That an informal or formal complaint concerning termination
may be filed with the utility or the Commission, and that service will not be terminated on the
ground relating to the dispute between the customer and the utility before resolution of the
complaint (the Commission s address and telephone number must be given to the customer); and.c
GS-.e. Payment Arrangements.That the utility is willing to make payment arrangements
(this statement must be in bold print on written notices).
,(
06.f. Partial Payments.That for purposes of termination, partial payments will be
applied toward utility service charges first, unless the customer requests otherwise, and that
charges for non-utility services cannot be used as a basis for termination. (3 30 011!
02. Additional ReQuirements for Gas and Electric Utilities. During the months of
November. December. January and February. oral and written notices provided by gas and
electric utilities shall include or be accompanied by an explanation of restrictions on termination
of service and the availability of the Winter Payment Plan described in Rule 306. ,(
Attachment B
Staff Proposal
8/12/05 Page 1 of 5
306. TERMINATION OF RESIDENTIAL GAS AND ELECTRIC SERVICE --
WINTER PAYMENT PLAN (RULE 306).
01. Restrictions on Termination of Service to Certain Households '\lith Children
Elderly, Or Infirm Except as provided in Rule 303, no gas or electric utility may terminate
service or threaten to terminate service during the months of December through February to any
residential customer who declares that he or she is unable to pay in full for utility service and
whose household includes children, elderly or infirm persons. or receives financial assistance
through the Low Income Home Energy Assistance Program (LIHEAP) during the current
pro gram year
02.Definitions for This Rule. For purposes of this rule:(7-93)
a. "Children" are defined as persons eighteen (18) years of age or younger, but
customers who are emancipated minors are not children under this rule. (7-93)
Elderly" are defined as persons sixty-two (62) years of age or older.(7-93)
c. "Infirm" are defined as persons whose physical health or safety would be seriouslyimpaired by termination of utility service. (7-93)
03. Opportunity to Participate in Winter Payment Plan. Any residential customer
who declares that he or she is unable to pay in full for utility service and whose household
includes children, elderly or infirm persons or receives financial assistance through the Low
Income Home Energy Assistance Program (LIHEAP) during the current program year must be
offered the opportunity to establish a Winter Payment Plan. However, no customer may be
required to establish such a plan. Except as provided in Rule 303, no gas or electric utility may
terminate service during the months of November through March to any customer who
establishes a Winter Payment Plan before November 1. A customer may establish a Winter
Payment Plan after November but the extended protection from termination of service offered
under such a plan will not begin until the date the plan is established. Failure of a participating
customer to make payments as required will result in cancellation of the plan and elimination of
the extended protection from termination of service offered under the plan. The customer may
use any source of funds to satisfy the payment requir~ments of Winter Payment Plan.
04. Amount of Payments Under Winter Payment Plan. Monthly payments under a
Winter Payment Plan are equal to one-half (1/2) of the Level Pay Plan amount for that customer.
The Level Payment Plan amount must be calculated according to Rule 313.06. (7-93)
05. Payment Arrangements Following Winter Payment Plan. If a customer who
received the protection of this rule has an outstanding balance owed to the utility, the customer
must either pay this balance or negotiate a new payment arrangement-:-.;.
On or after March 1 , if the customer has not established a Winter Payment Plan; or
(7 -93)
Attachment B
Staff Proposal
8/12/05 Page 2 of
b. On or after April 1 , if the customer has established a Winter Payment plan. Failure
of a customer to pay or make payment arrangements on or after. these dates may result termination of service. (7-93)
06. Successive Participation in Winter Payment Plan. A customer
in a ')linter Payment P-Ian one (1) year must be allowed to participate establish a Winter Payment
Plan in the succeeding years if the customer has honored the payment arrangements and the
balance ov/ing as of-Noyember+-does not exceed se"v'enty five del-Iars ($75) or the customer
utility bill for the previous thirty (30) days, v/hiehever is greater made under a Winter Payment
Plan for the prior year. Hov/ever, the utility is not required to connect or reconnect the service of
a customer or applicant vioo--eoes not currently---ha";e utility service and OVles an unpaid-,
~,(
07. Unoccupied Residences, Etc. - Failure or Refusal to Apply for Service
Nothing in this rule prevents a gas or electric utility from terminating service to unoccupied
residences or residences where the occupants have failed or refused to apply for utility service.
Nething in this rule requires the utility to connect service for a customer "Rho o\ves money on an
existing account \vhen that customer moyes to a ne"~v residence that---does not currently--have
service.
08. Customers Who Move. During the months of December. January and February. a
gas or electric utility shall continue to provide service to any residential customer who made a
declaration as provided for in Rule 306.01 and subsequently moves to a new residence served by
the same utility. regardless of any outstanding balance owed by the customer. If service is not
connected at the new residence. service shall be connected as soon as possible after the customerrequests service at the new residence.
,(
09. Applicants Previously Served. During the months of December. January and
February. a gas or electric utility shall provide service to any residential applicant who made a
declaration as provided for in Rule 306.01 and within thirty am days of discontinuing service.
subsequently applies for service at a new residence served by the same utility. regardless of any
outstanding balance owed by the applicant. If service is not connected at the new residence.
service shall be connected as soon as possible after the applicant requests service at the newresidence. .c
(BREAK IN CONTINUITY OF SECTIONS)
311. RESTRICTIONS ON TERMINATION OF SERVICE -- OPPORTUNITY TO
AVOID TERMINATION OF SERVICE (RULE 311).
01. When Termination Not Allowed. Service shall not be terminated on any Friday
after 12 p., or on Saturday, Sunday, legal holidays recognized by the State of Idaho, or after 2
fB1T: on any day immediately preceding any legal holiday, or at any time when the utility is not
Attachment B
Staff Proposal
8/12/05 Page 3 of
open for business, except as authorized by Rules 303.01 and 303.02. Service may be terminated
between the hours of 4 p.m. and 9 p., Monday through Thursday, if the utility is unable to gain
access to the customer s meter during normal business hours. Unless otherwise authorized by
this rule, Rules 303.01 and 303., or the affected customer in writing, service may be
terminated only between the hours of 8:00 a.m. and 4:00 p.m. (5 3 03)1
02. Personnel to Authorize Reconnection. Each utility shall have personnel
available after the time of termination who are authorized to reconnect service if the conditions
cited as grounds for termination are corrected to the utility s satisfaction. Service shall be
reconnected as soon as possible, but no later than twenty-four (24) hours after the utility
conditions are satisfied and the customer requests reconnection. (5-03)
03. Opportunity to Prevent Termination of Service. Immediately preceding
termination of service, the employee designated to terminate service shall identify himself or
herself to the customer or other responsible adult upon the premises and shall announce the
purpose of the employee s presence. This employee shall have in his or her possession the past
due account record of the customer and shall request any available verification that the
outstanding bills are satisfied or currently in dispute before this Commission. Upon presentation
of evidence that outstanding bills are satisfied or currently in dispute before this Commission
service shall not be terminated. The employee shall be authorized to accept full payment, or, at
the discretion of the utility, partial payment, and in such case shall not terminate service. Nothing
in this rule prevents a utility from proceeding with termination of service if the customer or other
responsible adult is not on the premises at the time of termination. (5-03)
04. Notice of Procedure for Reconnecting Service. The employee of the utility
designated to terminate service shall give to the customer or leave in a conspicuous location at
the service address affected a notice showing, the time of and grounds for termination, steps to
be taken to secure reconnection, and the telephone numbers of utility personnel or other
authorized representatives who are available to authorize reconnection. (5-03)
05. No Termination While Complaint Pending. Except as authorized by order of the
Commission or of the Judiciary, service shall not be terminated for failure to pay amounts in
dispute while a complaint filed pursuant to Rule 402 is pending before this Commission or while
a case placing at issue payment for utility service is pending before a court in the state of Idaho.
(7-93)
(BREAK IN CONTINUITY OF SECTIONS)
701.SUMMARY OF RULES (RULE 701).
01. Summary to Be Provided to Customers.Each utility must make available to its
customers a summary of this chapter approved by the Commission. The summary shall be
provided to customers at least once each year and must be available at local offices of the utility
in Idaho and provided to each new customer upon commencement of service.
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02. Contents of Summary.The summary sent by gas and-electric utilities must
include er--be accompanied-by information explaining the---+fliI:d-Party Notification Program
the following information:
An explanation of the conditions under which the utility may request a deposit;(
An explanation of the conditions under which the utility may deny or terminate
servIce;
c. An explanation of how termination of service may be postponed due to serious
illness or medical emergency (residential customers only).;. .c
d. statement of the utility s willingness pursuant to Rule 311 to make payment
arrangements to assist customers having difficulty paying their utility bills;
An explanation of how to file a complaint with the utility and the Commission; and
,(
f. A statement that termination of service is prohibited while a complaint is pendingwith the Commission.
03. Summary for Gas and Electric Customers. The summary provided by a gas orelectric utility also must include the following information:
a. An explanation of restrictions on termination of service and the availability of the
Winter Payment Plan described in Rule 306 (residential customers onlyJ:. .c
b. An explanation of the Third Party Notification Program described in Rule 307!residential customers only); and .c
An explanation of the availabilit of the Level P Plan described in Rule 313.
04. Model Summaries. Foreign language summaries of the rules Model Rules
Summaries. including Spanish language translations for residential customers. shall be provided
by the Commission to the utilities and other interested parties must be made available to
customers, civic organizations, etc., on upon request.
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Staff Proposal
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