SUNBEAM WATER.pdf

IDAHO PU8L1C UTILItIES COMtIMSSIOtt
APPROYED
19~
EfFECT~1z
Secretary
Tariff No.Page
1. P . U . C. No.Cancelling
1. P . U . C. No.
Origlnal Sheet No.
Name of Utility
SUNBEAM WATER COMPANY
RESIDENTIAL SERVICE
Monthly Minimum Charge
Commodity Charge per 1,000 Gallons
over 12,000 Gallons
Issued Per Commission Order 18094 19-. Effecti
I ssued by SUNBEAM WATER COMPANY
: By Tit 1 ,g;a::r;;..
$ 12.
$ 1.20 per
1000 Ga 11 ons
IDAHO PUBLIC UTILITIES COMMISSION- APPROVED EFFECTIVE
"'AN 1 8 'JAN 1 9 '
SUNBEAM WATER COMPANY ,'7':1.
:;K(/7.:L;jl ~S:::Cf(ETAR)f
TARIFF
EFFECTIVE DAY FOLLO\rJING APPROVAL
~onthly Minimum Charge $7.
Commodi tv Charge per 1, OOO/ga lIonsover 5,769 gallons 1 . 30 pe 1, 000 gallon s
The deposi t and termina tion rules adopted by the Idaho Public
Utili ties Commission are applicable to this Tariff.
RESIDENTIAL DEPOSIT AND GUARANTEE PRACTICES
OF NATURAL GAS, ELECTRIC AND WATER UTILITIES
As used in rules 1.1 through 1.14:
Utili ty " or "public utility " means any natural gas, electric, or
water public utility subj ect to the jurisdiction of the Idaho
Public Utilities Commission;
Deposit" means any payment held as security for future
payment or performance which is reimbursable after the customer
establishes good credit.
Deposit Requirements
No utility shall demand or hold any deposit from any current
or prospective residential customer wi thout proof that the customer
is likely to be a credit risk or to damage the property of theutili ty. A history of late payment or lack of previous history
wi th the utility shall not , in itself, consti tute such proof.
utility shall assume that an applicant for service is a satisfac-
tory credit risk unless it can demonstrate otherwise according to
the following criteria:
(a) The applicant has outstanding a prior service
account with the utility or any other utility operating in
Idaho which accrued within the last four years and at the
time of application for service remains unpaid and not indispute; or,
(b) Within the past four years, the applicant'
service from any utility has been terminated due to one ofthe following: nonpaYment of an account not in dispute;
fraud or misrepresentation; or failure to reimburse the
company for damages due to negligent or intentional acts of
the customer.
If an applicant for service or an existing customer has
sought any form of relief under the Federal Bankruptcy Laws , hasbeen brought wi thin the jurisdiction of the bankruptcy court for
any reason in an involuntary manner , or has had a receiver ap-
poin ted in a s ta te court proceeding, then depos i t may be demanded
as allowed by the Federal Bankruptcy Act of 1978, and, in particular,11 use 9 366.
1.2 Other Standards Prohibited
A utility shall not require a deposi t or other guarantee as
a condition of new or continued utility service based upon resi-
dential ownership or location , income level, employment tenure,
nature of occupation, commercial credit records, race, creedsex, age, national origin, marital status, number of dependents,or any other cri terion not authorized by these rules. Rules
approved by this Commission shall be applied uni formly.
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1.3 Guarantee in Lieu of Deposit
In lieu of a deposi t required by these rules, a utility
shall accept the written guarantee of a responsible party assurety for a customer service account. For the purpose of thisrule, a current customer of the utility with twelve months prior
good credit is presumed to be a "responsible party.
The guarantee form used by each utility must be filed withand approved by this Commission. A guarantee approved in accor-
dance with these rules shall conform to the following conditions:
(a)It shall be in writing.
(b) It shall state the terms of the guarantee, the
maximum amount guaranteed, and that the utility shall not
hold the guarantor liable for sums in excess of that amount.
(c) The maximum amount guaranteed shall not exceed theamount of the deposi t which would have been charged the ap-plicant.
(d) The guarantor shall be released from his obliga-
tion when the customer has achieved payment of his account
for 12 consecutive months from the date of signing the
guaran tee.
1.4 Wri tten Notice
If the utility denies service or requires a cash deposit or
written guarantee as a condition of providing service, then it
must immediately provide a written notice to the applicant stat-
ing the precise facts upon which it bases its decision and pro-
vide the applicant with an opportunity to rebut such facts.
1. 5 Amount of Deposit
A deposi t required as a condition of service shall not
exceed one-sixth the amount of reasonably estimated billing for
one year at the then current rates. This estimate is to be based
upon the use of service at the premises during the prior year or
upon the type and size of customer's equipment utilizing the
utili ty ' s service.
The utility shall provide the applicant an opportuni ty to
pay the deposit in three installments. The applicant shall be
allowed to sign an agreement to pay one-third of the deposit
amount at the time of the application, with the remaining two
installments payable wi thin two months.
1. 6 Interest on Deposi
Interest at the legal interest rate specified in Idaho Code
9 28-22-104 , will be payable on all deposited amounts. Interest
will accrue from the date the deposit or deposit installment is
made until the date of deposit refund or application to customerutili ty bill.
In case service is discontinued temporarily at the request
of a customer who elects to leave the deposit with the utility
for future use as a deposit, such amount shall cease to draw
interest until service has been restored.
Return of Deposit
Upon termination of service , the deposit , with accrued
interest, shall be credited to the final bill, and the balance
shall be returned promptly to the customer. The deposit, with
accrued interes t, will be refunded promptly by the utility upon
satisfactory payment by the customer of all proper charges forutili ty service for a period of 12 consecutive months. Payment
is satisfactory if made prior to the termination of service. The
utili ty may withhold the release of the deposit pending the
resolution of a termination dispute, continuing to pay interest
at the annual rate established herein if the resolution is in the
customer s favor.
Transfer of Deposit
Deposits shall be nontransferable from one customer to
another customer.
When a customer of whom a deposit may be
his service to a new location wi thin the samearea, the deposit and any outstanding balance
to the account for the new location.
required transfers
utili ty I S service
shall be transferred
Receipt for Deposit
Each customer posting a deposit or a deposit installment
shall receive in writing at the time it is made a receipt which
contains the following information:
(a) Name of customer and location of service
address for which deposit is held.
(b)
(c)
Place of payment(s).
Date of payment(s).
(d)Amount of payment(s).
(e) Statement of the terms and conditions govern-
ing the receipt, retention and return of deposits.
Each utili ty shall provide means whereby a customer entitled
to a return of his or her deposit is not deprived of a refund
even though he or she may be unable to produce the original re-ceipt(s) for the deposit.
Records of Deposits
The utility shall maintain a detailed record of all deposits
received from customers, showing the name of each customer, the
location of the premises occupied by the customer at the time of
making the deposit and each successive location occupied by the
customer while the deposit is retained, and the date(s) and
amount(s) of the deposits or installments.
The utili ty shall retain these records for the length
of time necessary to comply with the Commission s rules and
regulations; provided the utility shall retain these records for
not less than six years.
Upon Sale or Transfer of a Utility
Upon the sale or transfer of any utility, or one or more
operating units thereof, the seller shall file with the Commission,
a list showing the names of all customers served by such utility
(or such uni t or units) who have to their credit a deposit , the
date such deposit was made and the amount thereof.
Return of Deposi ts Currently Held
Any deposits now held by a utility and not in accordance
with these rules shall be returned to the customer within ninety
days of the effective date of these rules.
Exemption
If hardships result from the application of any of thesedeposit rules , or if unusual difficulty is involved in immediately
complying wi th any of these deposit rules , application may be
made by a utility or a customer to the eommission for permanentor temporary exemption from its provision, but such application
for exemption shall be supported by full and complete justifi-
cation for such action.
Prohibi tion
A utili ty shall neither discriminate against nor penalize,
in any way, a customer for exercising any right granted by theserules.
2. NON-RESIDENTIAL SERVICE DEPOSIT AND GUARANTEE
PRACTICES BY NATURAL GAS, ELECTRIC AND WATER UTILITIES
As used in Rules 2.13:
Non-residential" means all utility customers except resi-
dential, industrial, large commercial or irrigation customers;
Deposit" means any payment held as security for future
payment or performance which is reimbursable after the customer
establishes good credit.
Deposi t Standards
A utility may require a deposit as a condition of service
for any of the following reasons only:
(a) The applicant has outstanding a prior service
account with any utility which accrued within the past four
years and at the time of application for service remains
unpaid and not in dispute.
(b) Wi thin the past four years the applicant I s service
from any utility has been terminated by the utility without
request by the applicant for one of the following reasons:
nonpayment of an account not in dispute; fraud or misrepre-
sentation; failure to reimburse the company for damages due
to negligent or intentional acts of the customer.(c) The applicant is applying for service for the
first time from that utility.
(d) The customer fails to pay his account on or before
the date such payment is delinquent.
(e) If the customer has sought any form of relief
under the federal bankruptcy laws or is brought wi thin the
jurisdiction of the bankruptcy court for any reason in an
involuntary manner, or if a receiver is appointed in a state
court proceeding involving the customer, then deposit may be
demanded as allowed by the Federal Bankruptcy Act of 1978,
and , in particular , II USC 9 366.
Guarantee in Lieu of Deposi
In lieu of a deposit, a utili ty may accept the written
guarantee of a responsible party as surety for a customer serviceaccount.
The guarantee form used by each utility must be filed with
and approved by this Commission. A guarantee approved in ac-
cordance wi th these rules shall conform to the following con-di tions:
(a) It shall be in writing and a copy of the currently
Commission-approved guarantee form shall be maintained at
the Commission offices.
(b) It shall state the terms of the guarantee, the
maximum amount guaranteed , and that the utility shall not
hold the guarantor liable for sums in excess of that amount.
(c) The maximum amount guaranteed shall not exceed the
amount of the deposit which would have been charged theapplicant.
(d) The guarantor is released from his obligation when
the customer has achieved payment of his account for twelve
consecutive months.
Wri tten Notice
If the utility denies service or requires a cash deposit orwri tten guarantee as a condition of providing service then itmust immediately provide written notice to the applicant stating
the precise facts upon which it bases its decision and providethe applicant with an opportunity to rebut such facts.
Amount of Deposit
A deposit required as a condition of service shall not
exceed the amount of the reasonably estimated billing for two
months I peak season use at the then current rates.
The utility may provide the applicant an opportunity to paythe deposit in three installments. The applicant may be allowed
to pay one-third of the deposit amount at the time of application,
wi th the remaining installments payable wi thin two months.
Interest on Deposits
Interest at the legal interest rate specified in Idaho Code
9 28-22-104 will be payable on all deposi ts. Interest will
accrue from the date the deposit or first deposit installment is
made until the date of deposi t refund or application to customer 'utili ty bill.
In case service is discontinued temporarily at the request
of a customer who elects to leave the deposit with the utili
for future use as a deposi t, such amount shall cease to draw
interest until service has been restored.
Return of Deposi
Upon termination of service, the deposit, wi th accruedinterest, shall be credi ted to the final bill, and the balanceshall be returned promptly to the customer. The deposit, with
accrued interest , will be refunded promptly by the utility upon
satisfactory payment by the customer of all proper charges forutili ty service for a period of twelve consecutive months.
Payment is satisfactory if made prior to the discontinuation of
service. The uti-Ii ty may withhold the release of the deposit
pending the resolution of a termination dispute, continuing to
pay interest at the annual rate established herein if the res-
olution is in the customer I s favor.
Transfer of Deposit
Deposi ts shall be nontransferable from one customer toanother cus tomer .
Receipt for Deposit
Each customer posting a deposi t shall receive in writing at
the time it is made a receipt which contains the following informa-tion:
(a) Name of customer and location of service address
for which deposit is held.
(b)
(c)
Place of payment(s).
Date of payment(s).
(d)Amount of payment(s).
(e) Statement of the terms and conditions governing
the deposit receipt, retention and return.
Each utility shall provide means whereby a customer entitled
to a return of his or her deposit is not deprived of the refund
even though he or she may be unable to produce the original
receipt(s) for the deposit.
Records of Deposi
The utility shall maintain a detailed record of all depositsreceived from customers , showing the name of each customer, the
location of the premises occupied by the customer at the time of
making the deposit and each successive location occupied by thecustomer while the deposi t is retained, the date (s) and amount (s)of the deposits or installments.
The utility shall retain these records for the length oftime necessary to comply wi th the Commission s rules and reg-ulations; provided the utility shall retain these records for not
less than six years.
Upon Sale or Transfer of a Utility
Upon the sale or transfer of a utility, or one or more
operating units thereof , the seller shall furnish the Commission
a list showing the names of all customers served by the utili
(or such unit or units) who have to their credit a deposit, thedate such deposi t was made and the amount thereof.
Return of Deposits Currently Held
Any deposi ts now held by a utility and not in accordance
wi th these rules shall be returned to customers within ninety
days of the effective date of these rules.
Exemption
If hardships result from the application of any of these
deposit rules, or if unusual difficulty is involved in immediately
complying with the rule , application may be made by a utility or
a customer to the Commission for permanent or temporary exemption
from its provisions , but such application for exemption shall be
supported by full and complete justification for such action.
Prohibi tion
A utility shall neither discriminate against nor penalize,
in any way, a customer for exercising any right granted by theserules.
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3. TERMINATION OF SERVICE RULES FOR
NATURAL GAS, ELECTRIC AND WATER UTILITIES
Grounds for Termination of Service with Prior Notice
to the Cus tomer
A utility may terminate service to a customer without his
permission, but only after adequate notice has been given in
accordance with these rules, for one or more of the followingreasons:
(a) Nonpayment of delinquent bills. The utility shall
require that bills for service be paid within a specified time
after issuance. The minimum specified time shall be fifteendays. Upon the expiration of said specified time without pay-
ment, the bill may be considered delinquent. When a customer
certifies in writing to the utility that payment within the time
specified above creates a hardship due to the particular date on
which he or she receives funds, the time specified above shall be
extended from fifteen days to thirty days.
(b) Failure to make a security deposit , an installment
payment on a deposit, or a guarantee, where such is required.
(c)Failure to abide by the terms of a payment arrangement.
(d) Misrepresentation of identity for the purpose of
obtaining utility service.
(e) Unauthorized interference, diversion, or use
of the utility service situated or delivered on or about the
customer I s premises.
(f) Violation of any other rules of the utility on
file with and approved by the Commission which adversely
affects the safety of the customers or other persons, or the
integri ty of the utili ty ' s delivery system.
(g)
Determination by the Commission as prescribed by
relevant State or other applicable standards or after in-
dividual hearing upon application of any person that the
customer is willfully wasting service through improper
equipment or otherwise.
Prior Notice
If the utility has grounds to terminate service underRule 3.1 and intends to exercise its right of termination under
that rule , the utility shall send to the customer wri tten notice
of termination mailed at least seven calendar days prior totermination, except in the case of failure to abide by a payment
arrangement, in which case only five days I notice must be given.This five day notice does not apply to the ini tial payment dueunder a payment arrangement.
If services are not terminated within five working days
after the proposed termination date, and the matter is not the
subject of a pending complaint filed with this Commission, theutili ty shall again make a diligent attempt to contact the customer,ei ther in person or by telephone , to apprise him of the proposedaction, and actual termination will not take place until a minimum
of twenty- four (24) hours after notice or after said diligent
attempt to notify has been completed.The seven days I written notice requirement shall not apply
in those cases where a customer tenders payment pursuant to Rule
6 with an NSF check. In this case , the utility shall make a
diligent attempt to contact the customer, either in person or by
telephone, to apprise him or her of the proposed action, and
actual termination will not take place until a minimum of twenty-
four hours after notice or after said diligent attempt to notify
has been completed. The notice shall state:
(a) The reason(s) , citing these rules, and date fortermination.
(b)ation.Actions the customer may take to avoid termin-
(c) That a physician I s certificate (or other notice,
as stated in Rule 3.4) to the existence of a medical emer-
gency may delay termination.
(d) That an informal or formal complaint concerning
the termination may be filed with this Commission.
(e) That service will not be terminated prior to the
resolution of such a filed complaint. (If the resolution is
in favor of the utility, the Commission shall set the date
of termination.
(f) A bold-print notice of the utility I s willingness
to make payment arrangements to assist customers havingdifficul ty paying their utility bills will be sent wi th thetermination notice.
At least twenty- four hours prior to actual termination, a
representative of the utility shall diligently attempt to contact
the customer affected , either in person or by telephone , to
apprise him or her of the proposed action and steps to take to
avoid or delay termination. This oral notice shall contain thesame information required above for wri tten notice. Except asprovided in this rule or in cases covered by Rule 3.3, no gas orelectric utili ty shall terminate service to any customer during
the months of December , January or February without first having
made contact , either in person or by telephone, with an adult
member of the customer I s household or with a third party desig-
nated by the customer in accordance wi th Rule 3. 2A and giving andexplaining all of the information required to be given in the
written notice. Each utility shall maintain clear, written
records of these oral notices, showing dates and utility employ-ees giving the notices.
Except as provided in Rule 3.3, during the months of December,
January and February, no gas or electric utility shall terminate
service to a customer who agrees to make payment arrangements.
These payment arrangements, at the option of the customer, may be
in the form of a "level-pay " plan which will equalize monthly
payments of all arrears and anticipated future billings over a
period of not less than one year, but no customer agreeing to a
reasonable payment arrangement is required to choose this plan.
The first payment under the arrangement will be due onebusiness day after the arrangement, unless the utili ty grants an
extension. If the initial payment is not made, or. if an NSF
check is offered as payment, the utility may terminate service
upon 24-hour notice to the customer. When a utility has not
contacted a customer concerning termination, but has contacted
the customer s third party designated under Rule 3. 2A, if the
customer whose third party was contacted has not contacted the
utility and agreed to a reasonable payment arrangement within two
business days after the third party was contacted , the utility
may treat the customer as one who has been contacted and has
declined to enter into a reasonable payment arrangement.
Except as provided in Rule 3.3, during the months of December
January and February, no gas or electric utility shall terminate
service to a customer unless an employee of the utility certifies
(a) that an adult member of the customer s household or the
designated third party has been contacted and to the best of the
employee I s knowledge and belief there are no minors, elderly or
infirm in the customer s household , stating the employee s reasons
for holding this belief, (b) that neither an adult member of thecustomers household nor the designated third party has been
contacted, but to the best of the employee s knowledge and belief
there are no minors , elderly, or infirm in the household, stating
the employee s reasons for holding this belief, or (c) that to
the best of the employee s knowledge and belief, the property isabandoned, stating the employee s reason for holding that belief.
Third Party Notification - Reporting to Commission
Each gas or electric utility shall provide a program for its
residential customers known as Third Party Notification. Under
this program , the utility will, at the request of the customer
notify a third party designated by the customer by forwarding a
duplicate termination notice to the designated third party. Thethird party will be under no obligation to pay the bill, but asprovided in Rule 3.2, no customer can be considered to have
refused to enter a payment arrangement unless ei ther the customer
or the designated third party has been given notice of the proposed
termination of service and of the customer s opportunity to makepayment arrangements.
Not less than one business day before the utility intends to
terminate service to a customer, the utility must place on a list
to be kept in its local business office the names and addresses
of customers whose service is scheduled to be terminated. This
list shall be available for inspection by state and local govern-ment agencies. During the months of December , January and February,this list shall be transmitted on each business day to any of
these agencies requesting a copy of the list.
Written information on accounts actually terminated during
the months of November, December, January, February and March
shall be furnished to the Commission as soon as possible followingtermination. This information must identify each account termin-
ated and state the reason(s) for termination of service. The
Commission or its designated staff members may order reconnection
of service when reconnection is appropriate.
Grounds for Termination of Service , Without Prior Notice
A utility may terminate service without prior notice as
specified in Rule 3.2 above only:
(a) If a condition immediately dangerous or hazardous
to life, physical safety, or property exists;
(b) Upon order by any court , the eommission , or anyother duly authorized public authority; or
(c) If such service is obtained fraudulently or with-
out the authorization of the utility.
A utility may terminate service if it has tried diligently
to meet the notice requirements of these rules but has been
unsuccessful in its attempts to contact the customer affected.
Medical Emergency/Medical Facilities
A utility shall postpone termination of utility service to a
residential customer for thirty days from the date of the receipt
of the following items:
(a) A certificate by a licensed physician or public
heal th official which states that termination of utility
services will aggravate an existing medical condition or
create a medical emergency for the customer, a member of his
family, or other permanent resident of the premises whereservice is rendered. Such postponement may be renewed foran additional thirty-day period upon receipt by a gas or
electric utility of an addi tional medical certificate priorto the expiration of the original thri ty-day postponement.
This notice or certificate of medical emergency must be in
writing and show clearly the name of the person whose medical
emergency would be adversely affected by termination , the
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nature of the medical emergency, and the name , title , and
signature of the person giving notice of or certifying the
medical emergency; and
(b)A certificate signed by the customer stating that:
(1 )
(2 )
He or she is unable to pay for such service
in accordance with the requiements of the
utili ty ' s billing, or
He or she is able to pay for such service,
but only in installments.
Prior to expiration of the medical postponement , the customerwill make payment arrangements with the utility in accordance
wi th Rule 3. 7 of these rules.
Where service is provided to a medical care facility, including
a hospital, medical clinic with resident patients , nursing home
intermediate care facility or shelter care facility, notice of
pending termination shall be provided to the Commission as well
as to the customer. Upon request from the Commission or its
Staff, a delay in termination of no less than five business days
from the date of notice shall be allowed so that the Commission
may take whatever steps are necessary in its view to protect the
interests of patient residents therein.
Insufficient Grounds for Termination
No customer shall be given notice of termination nor shall
he or she be terminated if:
(a) The customer s unpaid bill cited as grounds for
termination totals less than $25.00 or two months ' charges
for service, whichever is less.
(b) The unpaid bill cited as grounds for termination
is for utility service to any other customer, or for any
other class of service.
(c) The reason for termination ci ted is failure to payon a written guarantee. (See Rules 1.3 or 2.2).
(d) An unpaid bill resul ts from the purchase of non-utili ty goods or services.
Other Restrictions on Termination
Service shall not be terminated on any Friday after 12: 00noon, or on Saturday, Sunday, legal holidays recognized as such
by the State of Idaho, or after 12: 00 noon on any day immediatelypreceding any such legal holiday, or at any time when the utility
business offices are not open for business. Service may be
terminated only between the hours of 8:00 A M and 4:00 P
Each utility shall have personnel available after the time
of termination authorized to reconnect service if the conditionsci ted as grounds for termination are corrected to the utility
satisfaction and upon payment of the reconnection charge spe-
cified in the utility s filed tariffs.
Immediately preceding termination of service , the employee
designated to perform such function shall identify himself or
herself to the customer or other responsible adult then upon the
premises and shall announce the purpose of his or her presence.
This employee shall have in his or her possession the past
due account record of the customer and request any available
verification that the outstanding claims are satisfied or cur-
rently in dispute before this Commission. Upon presentation of
such evidence, service shall not be terminated. The employee
shall be authorized to acc€pt full payment , or, in the discretionof the utility, partial payment, and in such case shall notterminate service.
Where service is provided to a residence and the account
in the name of one who does not reside in the residence, theutili ty, prior to termination , shall afford the person or persons
receiving service notice and a reasonable opportunity to ne-gotiate directly with the utility and to purchase service in
their own names.
The employee of the utili ty designated to perform the ter-
mination of service shall leave in a conspicuous location at the
service address affected a notice showing his or her Company
employe number , the time of and grounds for termination, steps to
be taken to secure reconnection, and the telephone numbers ofutili ty personnel or other authorized representatives who are
available to authorize reconnection.
No termination may be made while a complaint filed pursuant
to Rule 4.2, is pending before this Commission.
Payment Arrangements
When a customer cannot pay a bill in full, the utility may
continue to serve the customer if the customer and the utility
can agree on a reasonable portion of the outstanding bill to be
paid immediately, and the manner in which the balance of the out-
standing bill shall be paid.
In the case of elderly or handicapped customers who arephysically unable to come to the utili ty ' s local office to make
payment arrangements, a gas or electric utili ty must , upon requestby the customer, make payment arrangements over the telephone or
at the customer s home.
In deciding on the reasonableness of a particular agreement
the utility will take into account the customer s ability to pay,
the size of the unpaid balance, the customer s payment history,
and the amount of time and reasons why the debt is outstanding.
Customer payments are to be applied to the oldest balance of
the amount subject to termination except in the case of a disputed
bill, in which case payments are to be applied to the oldest
undisputed amount.
If a customer fails to make the payment agreed upon by the
date that it is due, the utility may, but is not obligated to,
enter into a second such agreement.
No such agreement or settlement shall be binding upon a
customer if it requires the customer to forego any right provided
for in these rules.
Exemptions
If hardships result from the application of any of these
termination rules, or if unusual difficulty is involved in im-
mediately complying with any of these rules, application may be
made by any utility to the Commission for permanent or temporary
exemption from its provision, but such application shall be
supported by full and complete justification for such action.
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COMPLAINT PROCEDURE FOR SERVICE DEPOSIT
AND TERMINATION PRACTICES OF
NATURAL GAS, ELECTRIC AND WATER UTILITIES
Complaint to Utility
A customer may complain at any time to the utility about any
deposi t or written guarantee required as a precondition to ser-
vice or about any termination notice, and may request a con-
ference thereon; provided, that this provision does not affect
any statute of limitation that might otherwise apply. Such
complaints may be made in person, in writing, or by completing a
form to be made available from the utility at its business of-
fices. A complaint shall be considered filed upon receipt by the
uti 1 i ty . In making a complaint , or reques t for conference , the
customer shall state at a minimum , his or her name, service
address, and the general nature of the complaint.
Upon receiving each such complaint or a request for con-
ference, the utility shall promptly, thoroughly and completely
investigate such complaint , confer with the customer when re-
quested and notify, in writing, the customer of the results of
its of the complaint after having made a good-faith attempt to
resolve the complaint.
Such written notification shall advise the customer that he
may request a review of such proposed disposition by the Commission
and that a copy of any such request must be sent to the utility.
The utility shall not terminate service based upon the
subject matter of the complaint while investigating the complaint
nor until five calendar days after mailing a wri tten notificationof the outcome of the investigation.
Review
If a customer who has complained to a utility is dissatisfied
wi th a utility s proposed disposition of the complaint , he or shemay request the Commission in writing to informally review the
disputed issue and the utility s proposed disposition thereof.Such request shall certify that the customer has also sent a copy
of his request for review to the utility involved.
The Commission shall process such request as an informal
complaint pursuant to the Commission s Rules of Practice and
Procedure; utility service shall not be terminated in connection
with the subject matter of the complaint while the complaint is
pending before the Commission so long as the customer shall pay
all amounts not in dispute , including current utili ty bills.Upon request by any party, the parties and a representative of
the Commission shall be required to meet and confer to the extent
and at such place as the Commission may consider to be appropriate.
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Record of Complaints
Each utility shall keep a written record of complaints and
requests for conferences pursuant to the rules above. Such
records shall be retained at the branch office of the utility
in a respective department office thereof where such complaints
were received or any conferences were subsequently held. Suchwri tten records are to be readily available upon request by the
concerned customer, his agent possessing written authorization
or the Commission.
Each utility shall, at the Commission s request, submit a
report to the Commission which shall state and classify the
number of complaints made to the utility pursuant to the rulesabove, the general nature of the subject matter thereof, how
received (in person , by letter, etc.) and whether a Commission
review was conduc ted thereon.
APPLICATION OF RULES
Except as specifically provided in Rule 6, these Rules
governing service deposit and termination practices shall not be
applicable to industrial, large commercial and irrigation service
cus tomers .
RULES FOR INDUSTRIAL, LARGE COMMERCIAL AND IRRIGATION
CUSTOMERS OF NATURAL GAS , ELECTRIC AND
WATER UTILITIES
Grounds for Termination of Service with Prior Notice
A utility may terminate service to an industrial, large com-
mercial or irrigation customer without his permission, but only
after adequate notice has been given in accordance with theserules, for one or more of the following reasons:
(l) For the nonpayment of delinquent bills. The
utility shall require that bills for service be paid within
a specified time after issuance. The minimum specified time
shall be fifteen (l5) days. Upon the expiration of said
specified time without payment, the bill may be considereddelinquent.
(2) Failure to make a required advance payment or
provide an acceptable guarantee, where such may be required
by the applicable tariff or contract.
(3) Misrepresentation of identity for the purpose ofobtaining utility service.
(4) Unauthorized interference, diversion, or use of
the utility service situated or delivered on or about thecustomers premises.
(5) Violation of any other rules of the utility on
file with and approved by the Commission which adversely
affects the safety of the customers or other persons, or theintegrity of the utility s delivery system.
(6) Determination by the Commission as prescribed by
relevant State or other applicable standards or after in-dividual hearing upon application of any person that the
customer is willfully wasting service through improper
equipment or otherwise.
Prior Notice
If the utility has grounds to terminate service under Rule
1 and intends to exercise its right of termination under thatrule, the utili ty shall send to the customer wri tten notice oftermination mailed at least seven days prior to termination.
The written notice of termination shall state:
(1) The reason (s), ci ting these rules, and
da te for termination.
(2) That an informal or formal complaint concerning
the termination may be filed with this Commission.
(3) That service will not be terminated prior to the
resolution of such a filed complaint. (If the resolution isin favor of the utility, the Commission shall set the date
of termination.
At least 24 hours prior to actual termination, a representativeof the utili ty shall diligently attempt to contact the customeraffected, either in person or by telephone , to apprise him of theproposed ac tion. This oral notice shall contain the same in-formation required above for written notice. Each utility shallmaintain clear , written records of these oral notices, showingdates and utility employee giving the notices.
Grounds for Termination of Service, Without Prior Notice
A utility may terminate service without prior notice asspecified in 6.2 above only:
(1) If a condition immediately dangerous or hazardousto life , physical safety, or property exists;
(2) Upon order by any court , the Commission, or anyother duly authorized public authority; or,
(3) If such service is obtained fraudulently or wi th-out the authorization of the utility.
A utility may terminate service if it has tried diligently
to meet the notice requirements of these rules but has been
unsuccessful in its attempt to contact the customer affected.
SUMMARY OF RULES AND REGULATIONS
Each utility shall be required to make available to its
customers a summary of these Rules and Regulations , approved by
the Commission. The summary shall be included at least once each
year in a regular mailing of the utility s bill and is to be made
available at local offices of the utility in Idaho and provided
to each new customer upon commencement of service. The summary
sent by gas and electric utili ties must include or be accompanied
by information explaining the Third Party Notification Programand a bold-print notice of the utility s willingness to make
payment arrangements to assist customers having difficulty payingtheir utility bills.
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