20190418Mendez Reply.pdf

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RaulMendez
2-112N. Goldeneye Way
Meridian, ID 83646
PH (208) 860-s037
Rau lmendezZU|[e-mail]
RAUL MENDEZ,
Complainant,
vs
INTERMOUNTAIN GAS COMPANY,
Respondent.
BEFORE THE IDAHO PUBLIC UTILITIf,S COMMISSION
Lr ll'Ivi'l
CASE No. INT-G-19-03
COMPLAINANTS'REPLY TO
RESPONDENT AND ATTORNIY
FOR THE COMMISSION STAFF
Complainant Raul Mendez provides the following replies to INTERMOUNTAIN GAS.
FACTUAL BACKGROUND
l. Utility acknowledges that they began serving Mr. Mendez at 8467 W Galileo St., Boise,
Idaho in May of 2003. Mr. Mendez has been a customer for the utility for l6 years and he did
not stop being a customer when he voluntarily requested service being stopped on 51412018.
See page 14, exhibit 1 and exhibit 2 af Connplainl, The service was restarted for the existing
customer with the same account with the existing billing information on9/1412018. See exhibit
3 of camplaint,
4. Both the utility and the Attorney for the IPUC submitted Historical usage and charges for
8067 W Galileo St. Somehow, the utility rnanaged to submit inconsistent information with the
IPUC and Givens&Pursley. For example: For 8/8/2014, the charge for the IPUC shows as
I lS lri ^.r1 ru ;.;; ),r.{
$8.66 and for the utility attorney as $6.16. Por 7 /5/2017, the charge for the IPUC shows as
$7.52 and for the utility attorney as $7.41. For 8l4DAl7, the charge for the IPUC shows as
$8.12 and for the utility attorney as $8.05. For 9/112017, the charge for the IPUC shows as
$8.21 and for the utility attorney as $8.05. Mr. Mendez understands that prior to 2Al7 , the
customer charge was $2.50 from April to November and the Commission approved a year-round
monthly customer charge of $5.50 effective May I ,2A17. See prgph I, page 6 of Mr. lewel
Response. The attachments submitted by utility thru its attorney show that between 2006 to
2Al7 the per therms in the months of July thru September have been consistent with lack of
usage between 3-5 therms. However, the charges have been inconsistent for those years when
the customer charge was $2.50 ranging from $4.61 to $.8.80. The manipulation of charges is
best illustrated by years 2015 and 2016 when the customer charge was still $2.50 and when the
'usage'shows as four therms for June to September. There was a charge of 55.54 for 2015 and a
charge of $5.34 for 2016,
6. Utility told Mr. Mendez that once the existing account is closed for l0 days you are no
longer a customer. Therefore, the l4-dollar initiation fee for a new account would apply when
service is restarted in the fall. See page 14, exhibit I of complatnt Mr. Mendez responded to
utility telling them that the Initiation fee applies for new customers opening a new account and
that his account has been opened for 15 years. See page 16, exhibit I of complaint, Utility
explains the fees approved by the IPUC on their webpage. See exhibit 4 ol complaint and the
l4-dollar initiation charge for new accounts is described on 9.4 of IPUC Gas Tariff. See exhibit
5 of complatnt. In addition in order to facilitate the reading of the rules without having to go
fish for them, Mr. Mendez has attached IDAPA 31.01,01to this rebuttal.
9. Utility asserts that Mr. Mendez applied to have his service connected on 9/1412018 and
therefore, the l4-initiation fee was assessed to the already existing account on l0/1412018. The
existing account showed as being now active on9114/2018. See exhibit 3 otcomptaint.
However, Mr. Mendez cannot provide evidence of having applied for service on an existing
account because that process only pertains to opening a new account for service. The utility and
the IPUC have not provided evidence of an application or documentation showing opening of a
new account on 9l14/2018 because none exists. Rule 5 of IDAPA 31.21.01 defines an applicant as
any potential customer who applies for service. Defines customer as any person who has apo*lied for, has
been accepted by the utility and is receiving service from a utility or has received service within the past
ten days prior to termination by the utililv. The utility has the burden of proving that Mr. Mendez has
applied twice for service in 2003 for a new account and on 2018 supposedly after he stopped being a
customer. The utility has to prove the process of reviewing applications on both occasions and that Mr.
Mendez was accepted twice; the utility has not submitted any documentation that would clariff the matter
of being charged twice the l4-dollar initiation fee for a new account in 2003 and for the same existing
account in 2018. Rule 206 of IDAPA 31.21.01 more specifically defines residential customers as those
whose names appear on the utility's regular bill for residential service or who signed a written application
for service or other document informinq the customer that he or she was assuming an obligation for
payment for service, It is a fatal flaw on the part of utility and the IPUC to assert that the l4 initiation
fee is a legitimate fee when service was restarted on 911412018 on a supposedly new account when the
rule clearly state that there has to be an application on file for both 2003 and 201 8 for the same customer
at the same address, but none has been provided as part of the answer to Mendez complaint because there
is no new application for 201 8 on the l5 year old existing customer.
10. Mr. Mendez actually started an informal complaint on 8l7l20l'1 and the IPUC apparently closed the
complaint on 8/3 I12017 even though Mr. Mendez was not informed.
12. Attorney for utility incorrectly reads the three issues on Mr. Mendez complaint. The issues are: l)
is an account initiation fee of$14 dollars a valid charge on an already existing account? 2) Should the
charges be consistently the stlme over the summer on an account that shows no use of gas? 3) Can a
customer disconnect gas service without incurring additional fees such as an initiation fee for restarting
serviee? See page I of complaint.
15. The utility has not provided an application completed by Mr. Mendez for 2018 in order to restart
service on an already existing account; therefore, the l4-dollar initiation fee on a'new account'charged to
Mr. Mendez is illegal. Mr. Mendez paid the l4 dollar and completed an application process in 2003
when he opened a new account for service.
16. The attachments submitted by utility thru its attomey show that between 2006 to 2017 the
per therms in the months of July thru September have been consistent with lack of usage between
3-5 therms. However, the charges have been inconsistent for those years when the customer
charge was $2.50 ranging from $4.61 to $.8.80. The manipulation of charges is best illustrated
by years 2015 and 2016 when the customer charge was still $2.50 and when the'usage'shows as
4 therms for June to September. There was a charge of $5.54 for 2015 and a charge of $5.34 for
20t6.
17. The utility engages in deceptive practices that violate the rights of Idaho customers. In
Mendez case, he was charged a l4-initiation fee on an existing account when there is no
evidence that a second application for services was submitted for 2018 to the utility. If utility is
charging the l4-dollar fee to every single customer that voluntarily chooses to stop service, then
it ends up being a significant amount of unlawfully collected money. The usage on Mr. Mendez
account for June to September when there is no usage shows consistent therms but the charges
differ. If other customers who do not use gas over the surnmer have consistent therms but the
charges differ (as in Mendez ca$e) then utility is profiting by manipulating the charges.
ANSWER
2A ta 26. Attorneys for the utility can write all they want regarding the l4-dollar initiation
charge having been correctly applied to Mendez existing account. However, they have not and
cannot provide evidence that Mr. Mendez went thru a second application process for the same
address in 2018 presumably, because Mr. Mendez had already submiued an application and
opened the account in 2003. The Attorney has not submitted the application for 2018 because
none exists. See Rule 206 of IDAIA 31.21.01. Staffwith the IPUC actually told Mr. Mendez on
1214/2018 that when you called IG to start service again an account was opened; often the company will
issue the same account number as previously used for a customer's convenience for electronic payment
purposes. However, there is nothing regarding that on IDAPA 31.21.0f presumably because there is
only a single application from 2003 on the same customer for the same address for an existing account.
Staff misrepresented information to Mr. Mendez in contradiction to the rules that clearly state there is an
application process for every single new account opened. Neither the utility nor the IPUC has provided
evidence of a second signed application for 2018 as required by rules. According to the utility and the
IPUC if oustomers choose to disconnect service then they will be charge the l4-dollar initiation fee every
single time service is restarted without a signed application.
27 and 28. There is nothing on the rules allowing utility to shifts costs of the customer voluntarily
disconnecting service to other customers, but that helps explain the manipulation of fees and the illegal
charging of an initiation fee on existing accounts. The IPUC has colluded with the utility to make
services mandatory by discouraging customers to voluntarily disconnect service because otherwise, they
willbe applied unlawful fees.
29 and 30. Attorney for utility is conect in that the l4-dollar initiation charge is applied to new accounts
after an application process in which applicants submit a signed application to start services. The
l4-dollar initiation fee is not applied to existing accounts on customers who disconnect service
voluntarily and then restart service. By asserting, that Mendez applied for new service is 9/2018; both
the utility and the IPUC have to prove that Mr. Mendez went thru an application process and submitted a
signed application for a new account. Basically, the utility and IPUC claim that every time Mendez
disconnects service and reconnect on his existing account that he will be charged the l4 dollar initiation
fee for a 'new account' without a signed application and in the process violating the customer rights and
disregarding its own IPUC rules. IDAPA 31.21.01, Rule 101.01 clearly state that a utility shall not
demand or hold a deposit unless: l) the customer or applicant has an outstanding prior account with the
utility that accrued within the last four years and at the time of application of service remains unpaid and
not in dispute, 2) the customer's or applicant's services from the utility has been terminated within the last
four years for i. nonpayment of any undisputed delinquent bill, ii. Misrepresentation for the purpose of
obtaining utility service,3) the applicant did not have service with the utility for at least l2 consecutive
months during the last four years and does not pass an objective credit screen. It is clear that the
l4-dollar initiation fee on Mr. Mendez case became a deposit that respondent charged (to restart service)
to an existing account that did not met any of the above criteria under the rule. Respondent would not
have been able to assess the l4-dollar fee if there was no account on file even if the applicant/customer
was delinquent for four years or if the applicant did not have service with IG for l2 consecutive months
during the last four years. Mr. Mendez account was already opened and was temporarily disconnected
by the customer NOT the utility.
3l to 34. The attachments submitted by utility thru its attorney show that between 2006 to 2017
the per therms in the months of July thru September have been consistent with lack of usage
between 3-5 therms. However, the charges have been inconsistent for those years when the
customer charge was $2.50 ranging from $4.61 to $.8.80. The manipulation of charges is best
illustrated by years 2015 and 2016 when the customer charge was still $2.50 and when the
'usage' shows as 4 therms for June to September. There was a charge of $5.54 for 2015 and a
charge of $5.34 for 2016.
35 to 38. It is clear that the I4-dollar initiation fee on Mr. Mendez case became a deposit that respondent
charged (to restart service) to an existing account that did not met any of the criteria under IDAPA
31.21.01, Rule l0l.0l. Respondent would not have been able to assess the l4-dollar fee if there was no
account on file even if the applicant/customer was delinquent for four years or if the applicant did not
have service with IG for l2 consecutive months during the last four years. Mr. Mendez account was
already opened and was temporarily disconnected by the customer NOT the utility. The utility has not
proven that Mr. Mendez account was not existing for l5 years and the urility company most ce(ainly did
not require Mr. Mendez to go thru an application process in 2018 to include a signed application in order
for the 14 dollar initiation fee on a'new account' to be legitimate. The company required collection of
the l4-dollar fee in order to restart the service in 9/2018. Mr. Mendez attached a link from the Idaho
Supreme Court for Mr. Thaden at the IPUC for review. The link is a guide regarding the IPUC and
utilities in ldaho. It asks the question: my utilit-y charged me a deposit before the.v turned on my
service. Can they do that? Usually. no. However. a utilitf may charge a deposit when they turn on
your service if you had your service terminated for nonpayment at previous address. See exhibit 6 of
complainl.
41 . The record shows that after 5/t 8/2018 when Mr. Mendez told respondent that tlrey were trying to
charge a 14-dollar initiation fee to restart service on an existing account that the utility stopped
responding to Mr. Mendez until I l/6/2018. See exhibit 1 of comploinl. The utility did not respond
when confronted with legitimate questions regarding improper charges. For example on 9/l2l20l7,Mr
Mendez questioned respondent if the fees are being manipulated but he got no response.
CONCLUSION
42 to 45. Mr. Mendez could have made his response to the utility answer much shorter. Attorneys for
the utility assert compliance with IPUC rules and approved tariffs in particular as it pertains to the charge
of the l4-dollar initiation fee because they believe that the customer with an existing account should be
charged such a fee for voluntarily disconnecting service. The attorneys are saying that after l0 days the
existing customer becomes an applicant and will be charged l4 dollars on an existing account, which they
conveniently rebrand as "NEW." However, the issue for the utility lies in that in order to charge the
l4-dollar initiation fee on a new account; there has to be an application process that the utilities require
along with a signed application for the new services. There is no evidence submitted to this proceedings
that the utility has required the signed application for opening the "new account" in 9/2018 per Rule 206
of IDAPA 31.21.01 therefore the charge is not legitimate. Not to mention the l4-dollar charge is
assessed to a lS-year-old account with the same customer, same address, and same billing information.
The utility apparently engages in such deceptive and unlawful practices so that they do not end up losing
profits. They argue that it is so that the utility don't shifts eosts of the customer voluntarily disconnecting
service to other customers (which is also illegal); however it would be interesting to see how much money
respondent makes per year and how Iosing l4 dollars per year makes any difference on their coffers.
Complainant Raul Mendez provides the following replies to ATTORNEY FOR THE
COMMISSION STAFF.
BACKGROUND
For purposes of not making this Reply much longer and repetitive, Mr. Mendez has included
replies fqr both the utility and the IPUC on the same document. Mr. Mendez will refer to the
responses above to the utility as it pertains to the reply to the Attorney for the Commission.
On May 4,2018, Mr. Mendez requested service at 8067 W Galileo to be stopped seasonally over
the summer and his account show as being stopped and later as being again active at the same
address, for the same customer with the same billing information. See above at l,
On September 14, 2018, Mr. Mendez had the service restarted after he had voluntarily requested
service to be stopped. He did not apply for service at the same address for a 1S-year-old
customer because the application to open a new account had being submitted in 2003, Both the
utility and the IPUC assert Mr, Mendez became an applicant after 10 days of non-service, It
becomes relevant to ask the questions: I ) how do people open a new account for utility service
and 2) what is the application process tbr new service and how do people apply for service?
lhose ans\l'ers are provided by Rule 206 of IDAPA 3f .21.01, The pertinent rule state that peopls
opening a new account have to go thru an application process that includes a signed applisation. The
utility and the IPUC cannot establish the l4-dollar initiaticn fee to be a legitimate fee on an existing
account without providing evidence that people submit a signed application after i 0 days for every time
they voluntarily stop service.
COMPLAINT
The Attorney erroneously interprets that Mr. Mendez alleges, "Staff insufficiently explained the
Commission's rules and the Company's rates and charges". Mr. Mendez reasserts what he wrote on his
eomplaint; which is that the informal complaint has resulted in a violation of Mr, Mendez right to Due
Process as Mr. Thaden has provided information that conflicts or overshadows the language of the IPUC
rules, or just misrepresented infonnation to Mr. Mendez, Furthermore, Mr. Mendez asserts that the
informal proceedings are an exercise of discouraging people from filing complaints when staff first, state
that "that if the Commissioners were to rule in your favor I Am certain that IC would be ordered to
remove the $14 fee and interest charges," ihen later on he tells people that "[ do not believe the
commission will waive a fee that has previously been approved." It gives the appearance of arbitrary
decision making and an attempt to discourage/prejudice people. See complainl at 7, 9, and 10.
STAFF RtrSPONSE
I. a. and b.
Mr. Mendez asserts that both the utility and IPUC have not and cannot met the burden of proving the l4
dollar initiation fee on an existing account is legal. They have not provided signed applications for both
2003 and 2018 for "opening a new account." The attorney for the Commission asserts that "when he
applied for service on Septembe r l4 ,2018,he was an applicant" without providing any evidence that Mr.
Mendez went thru another application process along with signing another application for opening a new
account in 2018. The utility and the IPUC will have ldaho residents believe that every single time they
choose to voluntarily stop service that their existing accounts will become NEW'again and in the process
charge another l4-dollar initiation fee without ever submitting a signed application as required by rules,
It is this kind of arbitrary decision making that violates Due Process.
Attorney for the Commission now claims that'other regulated utilities in ldaho assess a charge when an
accoun! is opened, although the name of charge, criteria, and amount of the charge varies for each utility.'
Aren't the rules drafted uniformly for those utilities under the IPUC jurisdiction? So that it can also
provide guidance to utility users? Staff stated that Suez does not charge an initiation fee and each utility
company has its own set of guidelines, business practices and rate design so policy will vary from utility
to utility. IDAPA 31.21.01 Rule 5 defines utility as any public utility providing gas, electric or water
service subject by law to the Commissioner's jurisdiction. The Utility questions under the ldaho
Supreme Court site to help people show that the IPUC adopts rules that apply to residential customers of
investor-owned utilities such as ldaho Power, lntermountain Gas and Suez water, Mr. Mendez has seen
nothing in the IPUC rules to indicate that Suez has a different set of rules than other utilities under IPUC
jurisdiction in regards to the'initiation fee.'
The attorney claims that'the interest Mr. Mendez seeks has already been returned to his acaount. Mr.
Mendez has not received the unlawful l4-dollar initiation fee assessed to his existing account along with
accruing interests since 1012018. See complaint at 10.
III.
IV
II.
However, the Rules do not allow for charging a l4-dollar initiation fee on existing accounts should
customers decide to voluntarily stop service. Apparently, the utility are shifting costs to other customers
hence the manipulation of fees; and charging unlawful fees such as the l4-dollar initiation fee without a
signed application every single time customers voluntarily disconnect service, See above at 27 and 28,
See above at 35 to 38.
See above ot 4,16, 17 and 3l to 34,
V and VI.
Mr, Mendez reasserts what he wrote on his complaint; which is that the informal complaint has resulted in
a violation of Mr. Mendez right to Due Process as Mr. Thaden has provided information that conflicts or
overshadows the language of the IPUC rules, or just misrepresented information to Mr. Mendez.
Furtherrnore, Mr. Mendez asserts that the informalproceedings are an exercise of discouraging people
from filing complaints when staff first, state that "that if the Commissioners were to rule in your favor I
Am certain that IG would be ordered to remove the $14 fee and interest charges," then later on he tells
people that "l do not believe the commission will waive a fee that has previously been approved." It gives
the appearance of arbitrary decision-making and an aftempt to discourage/prejudice people. ^9ee
complaint at 7, 9, and 10.
Furthermore, the Formalcomplaint proceeding is nothing more than an extension of Mr. Mendez
violation of Due Process with the IPUC continuing to misrepresent rules and information. The utility
and the IPUC will have ldaho residents believe that every single time they choose to voluntarily stop
service that their existing accounts will become NEW' again and in the process charge another l4-dollar
initiation fee without ever submitting a signed application as required by rules. It is this kind of arbitrary
decision making that violates Due Process,
IDAPA 31.21.01.10 state that the Commission may authorize staffto make and give informal
interpretations of rules and regulations and the utility tariffs on file with the Commission, which
according to IDAPA 31.01.0I.21 is later used by the Commission in the consideration of rulemaking or a
case. It stands to reason that the Commission will use fte information by the staff in their interpretation
or rules and regulations for decision rnaking purposes which to this point has been nothing more than a
violation of Due Process since customers cannot challenge arbitrary/prejudicial interpretation of
rules/regulations by staff and this in turn are being used by the Commission in their decision making.
CONCLUSION
Mr. Mendez will not repeat what has already being discussed in the body of this reply to utiliry and
attorney for the Commission. Mr. Mendez will add though that the Idaho Supreme Court has held that
procedural errors do not render an order of the Commission vulnerable to attack unless those errors result
in a denialof due process to a party. In addition, the Idaho Supreme Court will sustain a Commission's
determination unless it appears that tlre clear weight of the evidence is against its conclusion or that
evidence is strong and persuasive that the Commission abused its discretion. Furthermore, Mr. Mendez
will seek additional relief of continued costs of preparing and responding to these proceedings should the
matter end at the ldaho Supreme Court on appeal.
DATED: April 17,20
,t/-'*-.- Jal--..
RaulMendez
l9
CERTIFICATE OF SERVICE
I certify that on April 17, zAD I served a copy to:
Edward Jewell
PO Box 83720
Boise. ID 83720
Preston Carter
601 W. Bannock St.
Boise.ID 83702
Raul Mendez
Typed/printed name
[e-mail]. gov
t
a
a
By United states mail
By
IDAPA 31
TITLE 21
CHAPTER O,I
31.21.0I - CUSTOMER RELATIONS RULES FOR GAS,
ELECTRIC, AND WATER PUBLIC UTILITIES
(THE UTrLrrY CUSTOMER RELATTONS RULES)
000. LEGALAUTHORTTY (RULE 0).
These rules are adopted under the general legal authority ofthe Public Utilities Law, Chapters I through 7, Idaho
Code,andthespecificlegalauthorityofSections6l-301,61-302,61-303,6.l-315,61-503.61-507,and61-520,ldahoCode, (7-l-93)
001. T|TLE AND SCOPE (RULE r).
The name of this chapter is "Customer Relations Rules for Gas, Electric and Water Public Utilities (the Utility
Customer Relations Rules)." This chapter has the following scope: These rules provide a set of fair, just, reasonable,
and non-discriminatory rules with regard to'deposits, guarantees, billing, application for service, denial of service,
termination of service and complaints to utilities. (3-29-10)
002. WRITTEN INTERPRETATTONS - ACf,NCY GUIDELTNES (RULE 2),
For rulemakings conducted before July l, 1993, written interpretations to these rules in the form of explanatory
comments accornpanying the order of proposed rulemaking and review of comments submitted in the order adopting
these rules are maintained in the files of the Secretary of the tdaho Public Utilities Comnrission and are available
from the o{Iice of the Commission Secretary. The Commission Secretary may be contacted in writing at the ldaho
Pubtic Utilities Cornmission, PO Box 83720, Boise, Idaho 83720-0074, or by telephone at [phone], For
rulemakings conducted after July I, 1993, written interpretations to these rules in the forrn of explanatory comments
accompanying the notice of proposed rulemaking that r:riginally proposed the rules and review of comments
submitted in the rulemaking decision adopting these rules are published in the issues of the Idaho Adnrinistrative
Bulletin proposing or adopting the rules. In addition to these explanatory comments, the director of the Commission's
consumer assistance staff has issued interpretive guidelines that are available by contacting the director of the
consumer assistance staffin writing at the ldaho Public Utilities Cornmission, PO Box 83720, Boise, Idaho 83720-
0074. or by telephone at [phone]. (7-1-93)
OO3. ADMII{ISTRATIVE APPEALS (RULE 3).
This rule governs consideration ofexemptions and complaints under these rules, Any person requesting and receiving
an informal staff determination with regard to an exemption or complaint may formally or informally request the
Commission to review the Staffs determination. (7- l-93)
01. Exemptions From Rules. Rule 9 authorizes persons or utilities to request exemptions from these
rules. This paragraph governs procedure for requests for exemptions. (7- l -93)
a. Any applicant, customer or utility rnay informally request an exemption from any provision of
these rules for a specific applicant or applicants or customer or customers by writing the Commission's consumer
assistance staff at the Idaho Public Utilities Commission, P0 Box 83720, Boise, Idaho 83720-0074 or by telephoning
the Commission's ConsumerAssistance Staffat 334-0369 iBoise area) or I [phone] (out of Boise calling
area). Any such person may in writing or by telephone request the Commissioners to intbrmally or fbrmally review
the Staffs decision. (7-l-93)
b. Any applicant, customer or utility rnay formally petition the Commissiorr for an exemption
pursuanltotheCommission'sRulesof Procedure. 1DAPA3l.0 l.0l.000etseq. (7-l-93)
c. Any utility requesting an exemption for all of its customers must formally petition the Commission
pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seg. (7-l-93)
02. Complaints. Rule 402 authorizes persons or utilities to file complaints under these rules. This
subsection governs procedure for filing complaints under these rules. (7-1-93)
B. Any applicant, customer or utility nray file an inforrnal cornplaint under any provision of these
Section 000 Page 3
I DAH O A D M IN I ST RATIVE CODE
P u blic Uti lities Com m i sslon
TDAPA 31.21.01
Utlllty Customer Relations Rules
service.
adult or
rules concerning a specific applicant or applicants or customer or customers by writing the Cornnrission's consumer
assistance staffat the Idaho Public Utilities Commission. PO Box 83720, Boise, Idaho 83720-0074 or by telephoning
the Commission's Consumer Assistance Staffat 334-0369 (Boise area) or I [phone] (out of Boise calling
area). Any such person may in writing or by telephone request the Commissioners to informally or formally review
the Staffs decision. (7- l -93)
b. Any applicanl, eustomer or utility may file a formal complaint under these rules with the
Cornnrission pursuant to the Commission's Rules of Procedure, I DAPA 3 I .01 .01 .000 et seq. (7- l -93)
004. PUBLTC RECORDS ACT COMPLTANCE (RULE 4).
All requests for waivers ofthese rules are public records subject to inspection, examination and copying under the
Public Records Act. All informal complaints concerning public utilities' compliance with the requirements of the
Public Utilities Act and this Commission's rules and orders are investigatory records exempt from disclosure under
the Public Records Act. All forrnal complaints concerning public utilities' compliance with these rutes are public
records subject to inspection, examination and copying under the Public Records Act. (7-l-93)
005. DEFTNTTIONS (RULE 5).
The following definitions are used in this title and chapter: (7- l-93)
01. Applicant. Unless restricted by definition within a rule or group of rules to a particular class of
"applicant" means any potential customer who applies for service from a utility. Utilities may require an
minor competent to contract to join a minor not conrpetent to contract as an applicant. (3-20-A4)
02. Customer. Unless restricted by definition within a rule or group of rules to a particular class of
customer, "customer" means any person who has applied for, has been accepted by the utility, and is: (3-20-04)
a. Receiving service from a utility; or (7-l-93)
b. Has received service within the past ten (10) calendar days prior to termination by the utility; or
Q-2A-04)
c. Has assumed responsibility for payment of service provided to another or others. If the person
receiving service is not the same person as the person assuming responsibility for payment of service, the latter is the
custorner for purposes of obtaining or terminating service, receiving refunds, or making changes to,nt u.to,T!O_OO,
03. Utility. Unless restricted by definition within a rule or group of rules, "utility" means any public
utitity providing gas, electric or water service subject by law to the Commission's jurisdiction, whether previously
certified or not. (7-l-93)
006. crrATroN (RULE 6).
The official citation of these rules is IDAPA 31.21.01.000 et seq. For example, this rule is cited as IDAPA
31.21.01.006. ln documents submitted to the Comnrission or issued by the Commission, however, these rules may be
cited by their short title of Utility Customer Relations Rules (UCRR) and the parenthetical rule number. For example,
this rule may be cited as IJCRR 6. (7-l-93)
007. EFFECTM DATE - HISTORY OF RULES (RtlLE 7).
The Commission has adopted predecessors to these rules beginning in 1978. They were most recently codihed at
IDAPA 3 1.C.0 through -.7. They were readopted and reformatted by rulemaking decision in docket number 3 l -2101-
9301, effective July l, 1993. The history of these rulemaking proceedings preceding the initiation of the publishing of
the Idaho Adminisirative Bulletin and the Idaho Adrninistrative Code is available from the Commission Secretary.
( 7- 1 -93)
008. EXERCTSE OF RIGHTS BY CUSTOMER (RULE 8).
No utility shall discriminate against or penalize a custorner ibr exercising any right granted by these rules. (7-l-93)
009. EXEMPTTONS FROM RULES (RULE 9).
Sertion 004 Page 4
IDAHO ADM INISTRATIVE CO OE
Pu blic Utillties Commission
IDAPA 31.21.01
Utillty Customer Relations Rules
Ifunusual or unreasonable hardships result from the application ofany ofthese rules, any utility or customer may
apply to the Commission for, or the Commission on its own motion may order, a permanent or temporary exemption.
(7_ l -93)
010. INFORMALINTERPRETATION OF RULES (RULf, t0).
, . The Commission may authorize designated staffmembers to make and give informal interpretations of these rules
$ and regulations and the utilify tariffs on file with the Commission, and to investigate complaints filed with this1\ Commission. These interpretalions, which do not bind the Commission. will be distributed to utilities governed by
these rules and interested consumer groups and be available from the director of the Commission's consurner
assistance staff. The Commission reserves to itself the authority to issue formal declaratory orders concerning
interprelation of these rules and utility tariffs and to resolve formal complaints. (7-l -93)
OII. CONFLICT WITH UTILITY TARIFFS (RULE II).
If a utility's tariffon file with the Commission contains provisions that deny or restrict customer's righls protected by
anyoftheserules,theserulessupercedeanyconflictingtariffprovisionsthatdenyorrestrictanyofthoserights. --.(7- l -93)
012 -- 099. (RESERVED)
' ):.l
,,1
IL
DEPOSIT PRACTICES FOR RESIDENTIAL AND SIIIALL COMMERCIAL CUSTOMERS
RUL0S 1001'O 199
IOO. ITURTHER DEFINITIONS (RULE IOO).
As used in Rules l0l through 109: (7-l-93)
01. Applicant. "Applicant" is restricted from its general definition to refer only to applicants lor
residential or small commercial sewice, unless further restricted by the rule. (7- l-93)
02, Customer. "Custorner" is restricted I'rom its general definition to refer to a residential or small
comrnercial customer, unless further restricted by the rule. (7- l-93)
03, Deposit. "Deposit" means any payment held as security for future payment or performance that is
reimbursable after the customer establishes good $edit. (7-l-93)
04. Residential and Small Commercial Classes. The Commission will maintain on file a list of which
customer classes of a given utility are residential and which are small commercial. (7-l-9i)
IOI. DEPOSIT REQUIREMENTS (RULE IOI).
01. Residential Customers. No utility shall demand or hold a deposit from any current residential
customer or applicant for residential service without proofthat the customer or applicant is likely to be a credit risk or
to damage the properly of the utility. A lack of previous history with the utility does not, in itself, constitute such
proof. A utility shall not demand or hold a deposit under this rule as a condition ofservice from a residential custorner
or applicant unless one or more of the fbllowing criteria applies: (5-3-03)
a. The customer or applicant has outstanding a prior residential service account with the utility that
accrued within the last four (4) years and at the time of applicalion for service remains unpaid and not in dispute.
(s-3-03)
b, The eustomer's or applicant's service from the utility has been terminated within the last four (4)
years for one (l) or more ofthe following reasons: (5-3-03)
i. Nonpayment ofany undisputed delinquent bill; (7-l-93)
service;
Misrepresentation of the customer's or applicant's identity for the purpose of obtaining utility
(7- l.e3)
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TDAPA 31.21.01
Utility Customer Relations Rules
iii. Failure to reimburse the company for darnages due to negligent or intentional acts of the customer;
(7-1-93)or
iv. Obtaining, diverting or using service without the authorization or knowledge of the utility. (7-1-93)
c. Information provided by the applicant upon application for service is materially false or materially
misrepresentative ofthe applicant's true status, {7-l-93)
d. The applicant did not have service with the utility for a period of at least twelve (12) consecutive
months during the last four (4) years, and does not pass an objective credit screen. (5-3-03)
e. The applicant requests service at a residence where a forrner customer who owes a past due balance
for scrvice incurred at that location still resides. {5-3-03)
f. The utility has given the cqstomer two (2) or rnore written final notices of termination within the
last twelve (12) consecutive months. (5-3-03)
02. Small Commercial Customers. A utility shall not demand or hold a deposit as a condition of
service from any cunent small comnrercial cuslonrer or applicant for small commercial service unless one or more of
tlre following criteria apply: {7-l-93)
a. Any of the criteria listed in Rule Subsection I 0 I .01 of this rule are present. (7- l -93)
b. The applicant is applying for service for the first time from that utility. (7-1-93)
03. Bankrupt Customers. If an applicant for service or a customer, either residential or small
cornmercial, has sought any form of relief under the Federal Bankruptcy Laws, has been brought within thejurisdiction ofthe bankruptcy court for any reason in an involuntary manner, or has had a receiver appointed in a state
court proceeding, then deposit may be demanded as allorved by the Federal BankruptcyAct of 1978, as amended,
and, in particular, I I USC 366, or as directed by the state court. (7-l-93)
102. OTIIER DEPOSTT STANDARDS PROHIBITED -- RESIDENTTALCUSTOMERS (RULE r02).
A utility shall not require a deposit or other guarantee as a condition of new or continued residential utility service
bascd upon residential ownership or location, income level, source of income, employrnent tenure, nature of
occupation, race, creed, sext age) national origin, marital status, number of dependents, or any other criterion not
authorized by these rules. Rules governing deposits shall be applied uniformly. (5-3-03)
r03. (RESERVID)
I04. EXPLANATION FOR REQUIREMENT OF DEPOSIT (RULE IO4).If the utiliry- requires a cash deposit as a condition of providing sewice, then it shall immediately provide an
explanation to the applicant or customer stating the precise reasons why a deposit is required. The applicant or
customer shall be given an opportunity to rebut those reasons. In the event ofa dispute, the applicant or customer
shalt be advised that an informal or formal complaint may be filed with the Commission. (3-20-04)
r05. AMOTJNT OF DEPOSIT (RULE 10s).
01. Amount of Deposit. A deposit allowed pursuant to Rule l0l as a condition of service shall not
exceed one-sixth (l/6) thc amount of reasonably estimated billing for one (l) year at rates then in effect. Where gas
service is used for space heating purposes only, the deposit shall not exceed the total ofthe two (2) highest months'
bills during tlre previous twelve (12) consecutive months, adjusted for currently effective rates. Deposit amounts shall
bc based ipon the use of service at the premises during the prior year or upon the type and size of equipment using
the utility'i service. (4-2'08)
A2, Installment Payments of Deposit. The utility shall advise the applicant or customer that the
deposit may be paid in two (2) installments. One-half (1/2) of the deposit amount shall be due inrmediately with the
Section 102 Pagc 6
ID AH O ADM INISTRATIVE CA DE
P u bl ic Uti lities Commission
IDAPA 31.21.01
Utillty Customer Relations Rules
remaining installment payable in one (l) month. (4-2.08)
106. III'ITEREST ON DEPOSITS (RULE 106).
01. Interest Payable. Interest will be payable on all deposited amounts at the rate provided by
Subsection 106,02 of this rule. Interest will accrue frorn the date the deposit or deposit installment is made until the
deposit is refunded or applied to the customer's utility bill; however, interest will not accrue on a deposit or deposit
installment if: (7- l -93)
a. Service is terminated temporarily at the request of a customer who leaves the deposit with the
utility for future use as a deposit; or (7-l-93)
b. Service has been permanently terminated and the utility has been unsuccessful in its anempt to
refund a deposit. (7-l-93)
02. Interest Rate. On or before November l5 of each year, the Commission will determine lhe twelve
month average interest rate forone-yearTreasury Bills forthe previous November I through October 31, round that
rate to the nearest whole percent, and notifo the utilities of its deternrination of this interest rate. That rate will be in
effect for the following calendar year for all deposits described in Rule Subsection 106.01 of this rule. (7-l-93)
r07. RETURN OF DEPOSTT (RULE 107).
01. Former Customers. Upon terrnination of service, the deposit (with accrued interest) shall be
credited to the final bill. The balance of the deposit remaining, if any, shall be returned promptly ro rn. .ur,iI;[-OO,
02. Existing Customers. If the customer has paid all undisputed bills and has no more than one ( I ) late
payment during the past twelve ( I2) consecutive months of service, the utility shall promptly return the deposit (with
accrued interest) by either crediting the customer's current account or issuing a refund, (3-20-04)
03. Retention During Dispute. The utility may retain the deposit pending the resolution of a dispute
over termination of service. If the deposit is later returned to the customer, the utility shall pay interest at the annual
rates established in Rule 106 for the entire period over which the deposit was held. (7-l-93)
04. Early Return of Deposit. A utility may refund a deposit plus accrued interest in whole or in part at
any time before the time prescribed in this rule. (7- l -93)
108. TRANSFER OF DEPOSTT (Rr,rLE r08).
Deposits shall not be transferred from one custonrer to another customer or betrveen classes of service, except at the
customer's request. When a customer with a deposit on file transfers service to a new location within the same
utility's service area, the deposit (rvith accrued interest) shall be either transfcrred to the account for the new location
or credited to the customer's current account. (4-6-05)
109. Rf,cEIPT FOR DEPOSTT -- RECORDS OF DEPOSIT (RULE 109).
01. Receipts. Each customer paying a deposit or the initial installrnent on a deposit shall then be given
a receipt containing or otherwise be provided with the follorving information: (3-20-04)
a. Name of customer and service address tbr which deposit is held; (7- l-93)
b. Date of payment(s); (7-l-93)
c. Amount of payment(s); and (7-l-93)
d. Statement of the terms and conditions governing the return of deposits. An ordinary receipt may be
given fbr subsequent deposit installments. (7- l-93)
Section I06 Page 7
IDAHO ADM INISTRATIVE CODE
Pu b I i c Utl lities Com mlss ion
TDAPA 31.21.01
Utility Customer Relations Rules
02. Retention of Records. Each utility shall maintain records that will enable a customer entitled to a
return of a deposit to obtain a refund even though the customer may be unable to produce the original receipt(s) for
the deposit. The utility shall maintain a detailed record of all deposits received from customers, showing the name of
each customer, the location of the prernises occupied by the customer when the deposit is made and each suceessive
location occupied by the custorner while the deposit is retained, and the date(s) and amount(s) of the deposits or
installments. The utility shall retain records ofdeposits that have been refunded to customers for a period ofthree (3)
years afterthe date ofrefund. The utiliry shall retain records ofunclaimed deposits fora period ofseven (7) years as
required by Section 14-531, Idaho Code, i3-20-04)
03. Transfer of Records. Upon the sale or transfer ofany utility or any ofits operating units, the seller
shall certi$, to the Cornmission that it has a list showing the names of all customers whose service is transferred and
who have a deposit on file, the date the deposit was made, and the amount of the deposit. (7-l-93)
r0. UNCLAIMf,D DEPOSITS AND ADVANCE PAYMENTS (RULE il0).
01. Presumption ofAbantlonment. Pursuant to Section l4-508, Idaho Code, any deposit or advance
payment made to obtain or maintain utility service that is unclaimed by the owner for more than one (l) year after
termination of service is presumed abandoned. (4-6-05)
02. Financial Assistance Program. A utili
unclainred deposits and advance payments presurned to be
the utility's low income and disadvantaged customers with
to file its report ofsuch abandoned property as required by I
by Section l4-531, ldaho Code.
lrr. -- r99. (RESERVED)
BILLINC
RULES 2OO THROUGH 299
2OO. FURTHER DETINITION (RULE 2OO).
As used in Rules 201 through 205, "bill' or "billing" refers to a written request for payment listing charges for
services previously rendered or for services billed in advance that is mailed or otherwise delivered to the customer forpaymenr. (7-l-93)
201. rssuANCE oF BrLLS -- CONTENTS OF BTLLS (RULE 201).
Bilts shall be issued on a regular basis. Bills must contain the lollowing information: (3-30-01)
01. The Billing Date. (7-l-93)
02. The Time Period Covered by the Bill. (7-l-93)
03. Metered Service Billing. If rnetered service is the basis for billing, the beginning and ending meter
readings, where the bill is based on actual readings, or a clearly marked statement that the bill is estimated, if the
metcr was not actually read, and the quantity of service provided, when applicable. (7-l-93)
04. Comparison of Consumption Data. (3-29-10)
a. Each gas and electric utiliry shall compare on each customeros regular billing the custonrer's actual
consumption of gas or electricity with the customer's actual consumption of gas or electricity for the corresponding
billing period in the previous year. If the billing periods being compared contain a different number of days, the utility
shall adjust the data to take into account the different length ofthe billing periods and show the comparison as an
absolute change in therm use or kilowatt hour use per day. (3-29-10)
b. Each water utility rvith more than five thousand (5,000) customers shall compare on each
customer's regular billing the customer's actual consumption of water with the customer's actual consumption of
ity may apply to the Commission for approval to pay
abandoned to a financial assistance program which assists
payment of utility bills" Tlre utility shall remain obligated
Section 14-517, Idaho Code, and retain records as required
(4-6-0s)
Section ll0 Page 8
IDAH O ADM INI STRATIVE CO DE
P u b lic Utl I ities Com m lssion
IDAPA 31.21.01
Utillty Customer Relatlons Rules
water for the coresponding billing period in the previous year. The usage comparison shall be expressed in gallons or
cubic feet based upon total consumption for each billing period or average consumption per day during each billingperiod. (3-29-10)
05. The Due Dare of the Bill. (7- l -93)
06. ltemization of All Charges, An iternization of all charges, both recurring and nonrecurring.
(7- r -e3)
47, Any Amounl Transferred From Another Account. (7-l-93)
08, Any Amounts Past Due. (7- l -93)
09, Payments or Credits, Any payments or credits applied to the customer's account since the last bill.
(7- r -e3 )
10. The Total Amount Due. (7-l-g3)
ll. Address and Telephone Number. The mailing address and toll-free telephone number(s) available
to customers in the service territory for answering billing inquiries. (3-30-01)
242. D[]E DATE OF BILLS -- DELTNQUENT BrLLS (RULE 202).
01. Ordinary Due Date. The utiliry rnay require that bills for service be paid within a specified time
afler the billing date, The minimum specified time after the billing date is fifteen (15) days (or twelve (12) days after
mailing or delivery if bills are mailed or delivered more than three (3) days after the billing date.) Upon the
expiration of this time without payment, the bill may be considered delinquent. (7- l -9i)
02. Hardship Exemption. When a residential customer certifies in writing lo the utility that payment
by the ordinary due date creates a hardship due to the particular date when the customer receives funds. the due date
shall be extended up to an additional fifteen (15) days or at the option ofthe utility the customer shall be billed in a
cycle that corresponds to the customer's receipt offunds. (7-1.93)
203. BILLING UNDER INAPPROPRIATI]'IARIFIT SCHIi:DI.]I,Ii (RI"]LE 203).
01. Rebilling Required. If a customer was billed under an inappropriate tariff schedule, the utility
shall recalculate the customer's past billings and correctly calculate future billings based on the appropriate tariff
schedule, A custonrer has been billed under an inappropriate tariffschedule ifi (7-l-93)
a. The customer was billed under a tariffschedulc for rvhich the customer was not etigible; or
(7- I -e3)
b. The customer was billed under a tariffschedule based upon information supplied by the custonrer
but the customer's actual demand is insufficient to meet the minimum eligibility requirements for the selected taritf
schedule; or (4-2-08)
c. 'l'he customer, who is eligible for billing under more than one (l) tariffschedule, was billed under a
schedule contrary to the customer's election, or the election was based on erroneous information provided by theutility. (7-l-93)
02. Exceptions. The utility shall not be required to adjust billings when it has acted in good faith based
upon available information or when the customer was given written notice of options under the tariff schedules and
did not make a timely election to exercise available clptions. (7-1-93)
03. Rebilling Time Period. When the customer has been overcharged. the period for rebilling shall not
exceed three (3) years as provided by Section 6l-642, Idaho Code, When the customer has been undercharged, the
period for rebilling shall be limited to six (6) months unless a reasonable person should have knorvn of the
Section 202 Page 9
I D AH O A D M I N I STRAT IVE CODE
Pu bl ic Utt lities Co m m lss lon
IDAPA 31.21.01
Utility Customer Relations Rules
inappropriate billing, in which case the rebilling period may be extended for a period not to exceed three (3) years.
Utilities shall implement procedures designed to monitor and identi! customers who may be billed under an
inappropriate taritTschedule. (4-2-08)
04. Refunds and Additional Payments. The utility shall promptly prepare a corrected billing
indicating the refund due the customer or the amount due the utility, (4-2-08)
a. A customer who has been undercharged shall be given the opportunity to make paynent
arrangements under Rule 313 on the amount due. At the customer's option, the term of the payment arrangement may
extend for the length oftime that the undercharge accrued. (4-2-08)
b. The utility shall promptly calculate refund amounts overpaid by the customer and issue a credit on
the customer's next bill. Any remaining credit balance may be credited against future bills, unless the customer, after
notice fi'om the utility, requests a refund. The utiliry shall advise the cuslomer of the option to have any remaining
credit balance refunded to the customer. (4-2-08)
204, TNACCURATELY BILLED SERVICE UNDER CORRECT TARIFP SC}IEDULE -- FAILURE TO
BILL FOR SERVTCE (RULE 204).
01. Errors in Preparation - lllalfunctions -- Failure to Bill. Whenever the billing for utility service
was not accurately determined for reasons such as a meter malfunctioned or failed, bills were estimated, metering
equipment was incorrectly installed or programmed, or bills were inaccurately prepared, the utility shall prepare a
corrected billing. Ifthe utility has failed to bill a customer for service, the utility shall prepare a bill for the period
during which no bill was provided. (4-2-08)
A2. Rebilling Time Period. (4-2-08)
a. If the time rvhen the malfunction or error began or the time when the utility began to fail to bill for
service cannot be reasonably determined to have occurred within a specific billing period, the conected billings shall
not exceed the most recent six (6) months before the discovery ofthe malfunction, error, or failure to bill. (4-2-08)
b. lf the time when the malfunclion, error, or failure to bill began can be reasonably determined and
the utility determines the custotner was overcharged, the corrected billings shall go back to that time, but not to
exceed three (3) years from the time the error or malfunction occurred as provided by Section 6l-642,ldaho Code.
(4-2-08)
c. tf the time when the malfunction or error can be reasonably determined and the utility determines
the customer rvas undercharged, the utility may rebill for a period of six (6) months unless a reasonable person should
have known of the inaccurate billing, in which case the rebilling may be extended for a period not to exceed three (3)
years. Utilities shall implement procedures designed to monitor and identi$ customers who have not been billed or
who have been inaccurately billed. (4-2-08)
03. Refunds. The utility shall prornptly prepare a corrected billing indicating the refund due to the
customer and issue a credit on the customer's next bill. Any remaining credit balance shall be credited against future
bills unless the custorner, after notice from the utility, requests a refund. The utility shall advise the customer of the
option to have any remaining credit balance refunded to the customer. (4-2-08)
04. Additional Payments. The utility shall promptly prepare a corrected billing for a customer who
has been undercharged indicating the amount owed to the utility. An unbilled or undercharged customer shall be
given the opportunity to make payment arrangements under Rule 313 on the amount due. At the customer's option,
the term of the payment arrangement may extend for the lenglh oltime that the underbilling accrued or the customer
was not billed. (4-2-08)
20s. (RES0RVED)
206. RESPONSTBTLTTY FOR PAYMENT OF BILLS -- RESTDENTIAL CUSTOMERS (RULE 206).
Section 204 Page l0
IDAHO ADM I N I ST R ATIVE CODE
P u b I i c Uti I I ti es CornnrissJon
TDAPA 31.21.01
Utility Customer Relations Rules
01. Customer Delined. For purposes of this rule, "customer" means a custom€r whose name appears
on the utility's regular bill for residential service or who signed a written application for service or other document
informing the customer that he or she was assuming an obligation for payment for service. \7-l-93)
02. Customer's Responsibility. A customer shall not be held responsible for payment of an amount
owed by any person who resides at the customer's premises or is a member of the custonrerls household, but whose
name does not appear on the cunent bill or application for service, unless: (7-l-93)
a. The customer signs a written agreement to pay or otherwise expressly accepts responsibility for
payment ofthe other person's bill; or (3-20-04)
b. The customer has a legal obligation to pay the other person's bill. (7-l-93)
03. Customer Notice. The utility shall provide written notice of its intent to add to the customer's bill
for current service an amount owed for: (3-20-04)
a. Another person's bill; or (3-20-04)
b. Service rendered at a former service location, provided that the lapse in service exceeds sixty (60)
calendar days. (3-20-01)
04. Contents of Notice. The notice must include: (3-20-04)
a. The name of the customer of record who owes the bill amount; (7-l-93)
b, The service location involved; (7- l -93)
c. The time over which the bill arnount was accurnulated; (3-20-04)
d. The amount owed; (7- l-93)
e. The reason(s) for adding the bill amount to the customer's bill statement; (3-20-04)
f. A statement that payment arrangements may be made on the amount owed; (7- l-93)
g. A statement that the customer has the right to contest the utility's proposed actirrn with the utility or
the commissiou and (3'20-01)
h. The response deadline after rvhich the bill amounl rvill be added to the customer's bill statement.
(3-20-04)
05. Opportunity to Respond. The customer shall be given a minimum of seven (7) calendar days from
the date ofthe proposed action to respond to the utiliry's notice. (3-20-04)
207. BILLING PROHIBITED (RULE 207).
No utility shall bill for non-utility service(s) or merchandise not ordered or otherwise authorized by the custorner of
record. Any charges for these services that appear on a customer's bill shall be removed from the cuslomer's bill no
later than two (2) billing cycles follorving notice by the customer to the utility. A utility that unknowingly subrnits a
bill containing charges lbr non-utilitv service(s) or merchandise not ordered or othenvise authorized by the customer
of record shall not be considered in violation of Rule 207 if the disputed amounts are removed frorn the customer'sbill. (3-30-ot)
208. DEGREE-DAYtNr.'ORMATION(RULE
Upon request, each gas and electric utility shall
comparisons of the kind nrade in Rule 201.04.
209. -- 299. (RESERVED)
degree-day adjusted data available to customers for
(3-29- I 0)
208).
make
Section 207 Page ll
I DA H O AD M I N I STRATIVE CO DE
Public Utilities Commlssion
IDAPA 31.21.01
Utlllty Customer Relations Rules
DENIAL AND TERMINATION OF SERYICE AND PAYMENT ARRANGEMENT RULES
FOR Rf,SIDENTIAI,AND SMALL COMMERCIAL CUSTOMERS
RULES 3OO THROUGH 4OO
300. FURTHER DEFTNITTONS (RULE 300).
As used in Rules 301 through 313: (7-l-93)
01. Applicant. "Applicant" is restricted from its general definition to refer only to applicants for
residential or small commercial service, unless further restricted by the rule. (7-l-93)
02, Customer. "Customer" is restricted from its general definition to refer only to residential or small
commercial customers, unless further restricted by the rule. (7-1-93')
03. Non-Utility Service. "Non.utility service" means: (7-l-93)
a. Service for which the Cornrnission does not regulate rates, charges, or availability of service;
(7- I -93)
b. Service for which no rate or charge is contained in the utility's tariffs; or (7-l-93)
c. Merchandise or equipment or charges for rnerchandise or equipment not required as a condition of
receiving utility service. (7-l-93)
04, Writtcn Notice. "Written notice" of the utility's intent to deny or terminate service may be mailed
or otherwise delivered to the applicant, resident, oecupant, or customer. Written notice may be provided by electronic
mail (i.c., e-mail) if the customer is billed electronically and separately consents in writing to "opt-in" to receiving
electronic notification. (4-2-08)
301. EXPLANATION FOR DENTAL OF STRVICE TO APPLTCANT (RULE 301).
01. Explanation to Applicant. If the utility intends to deny service to an applicant under Rule 302, the
utility shall provide an explanation to the applicant stating the reasons for the utility's refusal to serve. The applicant
shall be advised ofwhat action(s) must be taken to receive service. In the event ofa dispute, the applicant shall be
advised that an infornral or formal complaint concerning denial of service may be filed with the Conrmission.
(3-20-04)
02. Written Noticc. lf service is currently being provided to the premises occupied by an applicant, the
utility shall provide rvritten notice of its refusal to serve pursuant to Rule 312. (3-20-04)
302. CROTJNDS FOR DENIAL OR TERMINATION OF SERVICE WITH PRIOR NOTTCE (RULE
302).
A utility may deny or terminate service to a customer or applicant without the customer's or applicant's perrnission,
but only after adequate notice hes been given in accordance with these rules, for one (l) or more of the followingreasons: (7-l-93)
01. Failure to Pay. With respect to undisputed past due bills the custorner or applicant: (3-20-0.1)
8. Failed to payl (3-20-04)
b. Paid with a dishonored check; or (3-20-04)
c. Made an electronic payment drawn on an account with insufficient funds. (3-20-04)
07. Failure to Make Security Deposit. The customer or applicant failed to make a security deposit or
nrake an installment payment on a deposit where it is required. (3-30-01)
Section 300 ?age 12
I DAHO AO M I N ISTRATIVE CODE
Pu bl ic Uti I ittes Co m m iss ion
TDAPA 31.21.41
Utility Customer Relations Ru/es
03. Failure to Abide by Terms of Payment Arrangement. The customer or applicant failed to abide
by the terms of a payment arrangement. (3.30-0 I )
0{. Identity Misrepresentation. The customer or applicant misrepresented the customer's or
applicant's identitv for the purpose ofobtaining utility service. (7-l-93)
05. Denial of Access to Meter. The customer or applicant denied or willfully prevented the utility's
access to thc m€ter. (7-l-93)
06. Willful Waste of Se rvice. l'he utiliry determines as prescribed by relevant State or other applicable
standards that the customer is willfully wasting service through improper equipment or otherwise. (7- l-93)
07, Service to Minors. The applicant or customer is a minor not competent to contract as described in
Sections 29-l0l and 32-101, Idaho Code. (3-20-04)
08. Previous Account Balance Owing. Nothing in this rule requires the utility to connect service for a
customer or applicant who owes money on an existing account or from a previous account if the unpaid bill is for
service provided within the past four (4) years. (4-2-08)
303. GROT}NDS FOR DENIAL OR Tf,RMINATION OF SERYICE WITHOUT PRIOR NOTICE (RULE
303).
A utility may deny or terminate service without prior notice to the customer or applicant and rvithout the customer's
or applicant's permission for one (1) or more of the following reasons: (7-l-93)
01. Dangerous Conditions. A condition irnmediately dangerous or hazardous to life, physical safety,
or property exists, or ifnecessary to prevent a violation offederal, state or local safety or health codes. \7-l-93)
02. Order to Terminate Service. The utility is ordered to terminate service by any court, the
Commission, or any other duly authorized public authority. (7-l-93)
03. Illegal Use of Service. The service is obtained, diverted or used rvithout the authorization or
knowledge of the utility. (7- l-93)
04. Unable to Contact Customer, 'l'he utilit"v has tried diligently to meet the notice requirements of
Rule 304. but has been unsuccessful in its attempts to contact the customer affected. (7- l -93)
304. REQUIREMENTS FOR NOTICE TO CI.]S'TOMERS BEFORE TERMINATION OF SERVICE
(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 rvritten notice of termination mailed at least seven (7) calendar days before the proposed
date of termination. This written notice shall contain the information required by Rule 305. (3-20-04)
02. Final Notice. The utility rnay 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 sante infonnation
required by Rule 305. (3-20-04)
03. Additional Notice. lf 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. Fnilure to Pay. No additional notice of termination is required if, upon receipt of a termination
notice, the customer: (3'20-01)
Section 303 Page 13
DAH A AD M I N I STRAT'VE CODE
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Utillty Customer Relations Ru/es
^. 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)
305. CONTENTS OF NOTICE OF INTENT TO Tf,RMINATE SERVICE (RULE 305).
01. Contents of Notice. The written or oral notice of intent to terminate service required by Rule 304
shall state: (4-l l-06)
a. The reason(s), citing these rules. why service will be terminated and the proposed date oltermination; (4-ll-06)
b. Actions the customer may take to avoid termination of service; (4- I I -06)
c. That a certificate notifying the utility of a serious illness or medical emergency in the household
may delay termination as prescribed by Rule 308; (4-ll-06)
d. That an informal or formal complaint concerning termination may be Iiled rvith the utility or the
Commission, and that service will not be terminated on the ground relating to the dispute between the custoiner and
the utility before resolution of the complaint (the Comrnission's address and telephone number must be given to the
customer); and (4-l l-06)
e. That the utility is willing to nrake payment arrangements (this statement rnust be in bold print on
rvritten notices). (4-l l-06)
f. 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 fortermination. (4-l l-06)
02. Additional Requirements for Cas and Electric Utilities. During the months of n'ovember,
December, January and February, oral and written llotices provided by gas and electric utilities to residential
cus(omers 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. (4-l l-06)
306. TERMINA'I'ION oF RESIDEn-TIAL GAS AND ELECTRIC SERVICE -- WINTER PAYI\IENT
PLAN (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 through February to any residential customer who declares that he or she is unable to pay in
full for utility service and rvhose household includes children, elderly or infirm persons. (7-l-93)
A2. Definitions for This Rule. For purposes of this rule: (7-l-93)
a. "Children" means persons eighteen (18) years of age or younger, but customers who are
emancipated minors are not children under this rule. (4-l t-06)
b. "Elderly" means persons sixty two (62) years ofage or older. (4-I l-06)
c. "lnfirm" means persons whose physical health or safety would be seriously impaired by
termination of utility service. (4-ll-06)
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
Section 305 Page 14
ID AH O ADM I N I STRATIVE CO DE
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Utility Customer Relations Rules
Plan are
shall be
shall be offered the opportunity to establish a Winter Payment Plan. However, no customer rnay 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 l. A
custolner may establish a Winter Payment Plan after November 1, but the extended protection from termination of
service offered under such a plan will not begin until the date the plan is established. Failure ofa participaring
customer to make payments as required will result in cancellation of the plan and elimination of the extended
protection from termination of service oflered under the plan. The customer may use any source of funds to satisry
the payment requirements of Winter Payment Plan. (4- I l-06)
04. Amount of Payments Under Winter Payment Plan. Monthly payments under a Winter Payrnent
equal to one-half (l12) of the Level Pay Plan amount for that customer. The Level Payment Plan amount
calculated according to Rule 3 13.06. (4- I l -06)
05. Payment Arrangements Following lYinter Psymcnt Plan. If a customer who received the
protection of this rule has an outstanding balance owed to the utiliry, the customer shall either pay this balance or
negotiate a new payment arrangemenl: (4-ll-06)
a. On or after March I , if the customer has not established a Winter Payment Plan; or (7- l -93)
b. On or after April l, 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 in termination of service. (7-l-93)
06. Successive Participation in Winter Payment Plan. A residential customer who participates in a
Winter Payment Plan one (l) year shall be allowed to pa(icipate in the succeeding year if the custorner has honored
the payment arrangements and the balance owing as of November I does not exceed seventy-five dollars ($75) or the
cusiomer's utility bill for the previous thirty (30) days, rvhichever is greater, (4' I l -06)
07. Unoccupied Residences -- 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. (4-l 1-06)
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
Subsection 306.01 and subsequently moves to a nerv residence served by the sarne utiliry, 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 customer requests service at the new residence. (4-1 l-06)
09. Applic*nts Previously Served. During the months of December, January and February, a gas. or
electric utility shall biovide service to any residential applicant who made a declaration as provided for in Subsection
306.01 and within thirty (30) days of discontinuing service, subsequently applies for service at a new residence
served by the same utility, regardless ofany outstanding balance owed by the applicant. Ifservice is not connected at
the new residence, service shall be connected as soon as possible after the applicant requests service at the newresidence. (4-1 l -06)
307. THIRD.PARTY NOTIFICATION .. RESIDENTIAL SERVICE (RULE 307).
Each gas or electric utility shall provide a progranl for its residential customers known as Third-Party Nolification.
Under this program, the utility will, at the request olthe customc, notiS orally or in writing e third-party designated
by the custonrer of the utility's intention to terminate sen,ice. The third-party will bc under no obligation to pay the
bill, but as provided in Rule 313.08, no customer can be considered to have refused to enter a paynrent arrangement
unless either the customer or the designated third-party has been given notice ofthe proposed termination ofservice
and of the customer's opportunity to make payment arrangements. (7- l-93)
308. SERIOUS ILLNESS OR I}lEDICAL EMERGONCY (RULE 308).
01. Medical Certificate -- Postponement of Termination of Service. A utility shall postpone
termination of utility service to a residential customer for thirty (30) calendar days from the date of receipt of a
written certificate signed by a licensed physician or public health oflicial with medical training. The certificate must
Section 307 Page 15
IDAH O AD M IN I ST RATIVE CODE
P u bli c Uttltttes Com ml ss io n
tDApA 31.21.01
Utility Customar Relations Ru/es
contain the following information: (3-20-04)
a, A statement thal 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 rvould 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 rvhose serious illness or medical emergency would be adversely affected by
termination and the relationship 1o the customer. and (3-20-04)
c. The name, title, and signature of the person certifying the serious illness or medical .r.tll!il-ool
A2. Restoration of Service. lf service has already been terminated when the medical cerlificate is
received, service shall be restored as soon as possible, but no [ater than trventy-four (24) hours after receipt. The
customer shall receive service for thirty (30) ealendar days from the utility's receipt ofthe certificate. (3-20-04)
03. Second Postponement. The utility may postponetermination of service upon receipt of a second
certificate stating that the serious illness or medical emergency still exists. (7-l-93)
04. Verification of Medical Certificate. The utility may veri$ the authenticity of the certificate and
may refuse to delay termination of service if it is determined that the certificate is a lorgery or is otherwise fraudulent.
(7- l -93)
05.
undisputed bill.
Obligation to Pay. Nothing in this rule relieves the customer of the obligation to pay any
(l-20-04)
309. MEDTCAL FACILITIES -- SHELTER CARE (RULE 309).
Where service is provided to a cuslonrer known to the utiliry tei be or identif ing itself as a rnedical care facility.
including a hospital, rnedical clinic with resident patients, nursing home, internrediate care facility or shelter care
facility, notice of pending termination shall be provided to the Cornmission and to the State Departmenl of Health and
Welfare as well as to the cuslomer, Upon request lrom the Commission. a delay in termination of no less than seven
(7) calendar days from the date olnotice shall be allowed so that action may be taken to protect the interests ofthe
facility's residents. (7-l-93)
310. INSUFFICIENT GROUNDS FOR TERMINATTON OR DENIAL Or SERVTCE (RULE 310).
01. Termination of Service. No customer shall be given notice of termination of service nor shall the
(4-2-08)custorner's service be terminated if:
a. The customer's unpaid bill totals less than fifty dollars ($50) or two (2) months' charges for
service. whichever is less. (4-2-08)
t). The unpaid bill is for utility service to any other custonrer (unless that customer has a legal
obligation to pay the other custorner's bill) or for any other class ofservice. (4-2-08)
c. The unpaid bill results from the purchase ofnon-utility goods or services. (4-2-08)
d. The unpaid bill is for service provided lour (4) or more years ago unless the customer has promised
in writing to pay or made a payment on the bill within the last four (4) years. (4-2-08)
e. The customer fails to pay arnounts in dispute while a complaint filed pursuant to Rule 402 is
pending before this Commission. (4-2-08)
f. A case placing at issue payment of disputed amounts for utility service is pending before a court in
the state olldaho unless authorized by court order. (4-2-08)
Scction 309 Page l6
I D AHO ADMINI STRATIVE CO DE
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Utility Customer Relatlons Rules
02. Denial of Service. No applicant shall be given notice of denial nor shall the applicant be denied
service if any of the criteria listed in Subsection 310.01.b. through 310.01.f. apply to the unpaid bill cited as grounds
for denial ofservice, (4-2-08)
3II. TIMf,S WHEN SERVICE MAY BE Tf,RMINATED OPPORTUNITY TO AVOID
TERMTNATION OFSERVTCE (RULE 3il).
01. When Termination of Service ls Prohibited. Except as authorized by Rule 303 or this rule,
service provided to a customer, applicant, resident or occupant shall not be terminated: (1-2-08)
a. On any Friday, Saturday, Sunday, legal holidays recognized by the state of tdaho, or on any day
immediately preceding any legal holiday; or (4-2-08)
b. At any time when the utility is not open for business. (4-2-08)
02. Times l#hen Service May Be Terminated. Service may be terminated: (4-2-08)
a. At any time when there is a dangerous condition pursuant to Rule 303.01 or the utiliry is ordered to
do so pursuant to Rule 303.02; (4-2-08)
b. Between the hours of 8 a.m. and 5 p.m., Monday through Thursday. lor any reason authorized by
Rules 302 and 303; (4-2-08)
c. Between the hours of 8 a.m. and 5 p.m. on Friday for illegal use of service pursuant to Rule 303.03
or ifthe premises are unoccupied and service has been abandoned; or (4'2-08)
d. Bet\treen the hours of 5 p.m. and 9 p.m., Monday through Thursday, if the utility is unable to gain
access to the meter during normal business hours or fi:r illegal use ofservice pursuant to Rule 303.03. (4-2-08)
03. Personnel to Authorize Reconnection. Each utility shall have personnel available who are
authorized to reconnect service if the conditions cited as grounds for termination are corrected to the utiliry's
satisl'action. Service shall be reconnected as soon as possible, but no later than twenty-four (24) hours after the
utility's conditions are satisfied and reconnection is requested. (4-2-08)
04. Opportunity to Prevent Termination of Service. lrnrnediately preceding terrnination of service,
the employee designated to terminate service shall identifr 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 befbre 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 il
the customer or other responsible adult is not on the premises. (4-2-08)
05. Notice of Prpcedure for Reconnecting Service. The utility employee designated to terminate
service shall give to the customer or leave in a conspicuous location at the affected service address, a notice showing
the tinre of and grounds for termination, steps to be taken 10 secure reconnection, and the telephone nunrbers of utiliry"
personnel or other authorized representatives who are available to authorize reconnection. (4-?-08)
06. Applicant Without Sen,ice - Customer Requested 'l'ermination. Nothing in this rule prohibits a
utility from temrinating service at any time pursuant to a customer's request. (4-2-08)
3I2. DENIAL OR TER]VTINATION OF SERVICE TO MASTER.METERED ACCOUNTS AND
RESIDENTS OR OCCUPANTS WHO ARE NOT CUSTOIIERS (RULE 3r2).
01. Notice to Occupants or Residents Not Customers. Except as provided in Rules 303.01 and
303.02, no utility shall deny or terminate service without providing written notice to the residents or occupants of:
Section 3ll Page 17
I DAH O AD M I N I STRATIVE CODE
Public Utilities Commission
IDAPA 31.21.01
Utility Customer Relations Rules
a.A building or mobile home court where service is master-metered:
A residence where the customer billed for service is not a resident or occupant of the
(3-20-04)
(3-20-04)
premises
(3-20-04)
b.
being served; or
c. Premises where service is being provided on an interim basis to a resident or occupant following a
customer's request to terminate service. (3-20-04)
02. Delivery and Contents of Notice. The utility must notifo the residents or occupants of its intent to
deny or terminate service at least two (2) calendar days, excluding weekends and holidays, before the proposed date
of termination. The notice should be delivered to the premises or, in the case of multi-occupant buildings or mobile
home parks, posted in common areas or a conspicuous location. The notice shall state: (3-20-04)
a. The date ofthe notice; (7-1-93)
b. The proposed denial or termination date; (3-20-04)
c. The reason for denial or termination; (3-20-04)
d. What action(s) the resident(s) or occupant(s) must take in order to obtain or retain servise in the
resident's(s') or occupant's(s') orvn name(s); and (3-20-04)
e. That an informal or formal complaint concerning denial or termination of service rnay be liled rvith
this Comrnission. (3-20-04)
3r3. PAYr\TENTARRANCEMENTS(RULE 313).
01. Arrangements Allowed. When a customer cannot pay a bill in full, the utility shall continue to
serve the customer if the customer and the utility agree on a reasonable portion of the outstanding bill to be paid
imnrediately, and the manner in which the balance of the outstanding bill shall be paid. For customers who are unable
to come to the utility's local office to make payment arrangements, a gas or electric utility must, upon request by the
customer, make payment arrangernents over the telephone, by mail or at the customer's home. (7-l-93)
02, Reasonablcness. In deciding on the reasonableness of a particular agreement, the utility will take
inlo account the customer's ability to pay, the size of the unpaid balance, the customer's payment history, and the
amount oltime and reasons why the debt is outstanding. (7-l-93)
03. Application of Payment. Unless the customer designates otherwise, payments are to be first
applied to the undisputed balance owed by the customer lor utility services and associated inslallation charges. taxes,
franchise fees and surcharges. (3-30-01)
04. Second Arrangemenl. [f a custonrer 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. (7-l-93)
05. When Arrangement Not Binding. No payment arrangement shall be binding upon a customer if it
requires the customer to forego any right provided for in these rules. (7-l-93)
06. Level Pay Plans Acceptable Payment Arrangement. Payment arrangements may be in the form
of a Level Pay Plan that will equalize monthly payments of all arrears, if any, and anticipated future bill amounts over
a period ofnot less than one (l) year. No customer agreeing to a reasonable payment arrangement is required to
choose this plan. (7-l-93)
01. Third-Party Contact. If a utiliry- has been unable to contact a customer conceming termination,
but has contacted the customer's third-party designated under Rule 307 and has failcd to receive a response from the
customer within seven (7) days after the third-party was contacted, the utility rnay treat the customer as one who has
Section 313 Page l8
IDAH O ADM IN I STRATIVE CODE
Pu bl ic Utll lties Com m iss lon
TDAPA 31.21.A1
Utillty Customer Relations Rules
been contacted and has declined to enter into a reasonable payment anangement. (7-l-93)
3r4. -- 400. (RESERVED)
COMPI.,AINT PROCEDURE
RULES 4OI THROUGI{ 499
401. COMPLAINT TO UTILITY (RLTLE 401).
01. Subject ll'latter. A customer or applicant for service may complain at any time to the utility about
any deposit or rvritten guarantee required as a condition of service, billing. termination of service, quality or
availabilify of service, or any other matter regarding utility services, policies and practices. The customer or applicant
may request a conference with the utility, but this provision does not affect any statute of limitation that might
otherwise apply. Complaints to the utility may be made orally or in writing. A complaint is considered filed upon
receipt by the utility. In making a complaint or rcquest lbr conference, the customer or applicant shall state the
customer's or applicant's name, service address, and the general nature ofthe complaint, (7-1-93)
02, Conference. Upon receiving each complainl or request for conferense, the utility shall promptly.
thoroughly and completely investigate the complaint, confer with the customer or applicant when requested,'and
noti$, the customer or applicant of the results of the investigation and make a good-faith attempt to resolve the
complaint, The oral or writlen notification shall advise the customer or applicant that the customer or applicant may
request the Commission to review the utility's proposed disposition of the complaint. (7- l-93)
03. Service Maintained. The utility shall not terminate service based upon the subject matter of the
complaint while investigating the complaint or making a good-faith ettempt to resolve the complaint. (7-l-93)
402. REVTEW BY COMMTSSTON (RULE 402).
01. Ilformal Review, If a customer or applicant who has conrplained to a utility is dissatisfied with autility's proposed disposition of the complaint, the customer or applicant nlay request the Commission to informally
revierv the disputed issue and the utility's proposed disposition ofthe complaint. (7-l-93)
02, Procedure on Review. The Commission will process these requests as informal complaints
pursuant the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq. Utility service shall not beterminated
nor termination be threatened by notice or otherwise in connection rvith the subject matter of the complaint while the
complaint is pending before the Commission so long as the cuslomer continues to pay all amounts not in dispute.
including current utility bills. Upon request by any party, the padies and a representative of the Commission shall be
required to meet and confer. (7-l-9i)
03. Customer's Rights Protected. No customer or applicant shall be denied the opportunity to frle a
complaint with the Commission. (7- l-93)
04. Formal Complaints. Formal complaints may be filed according to the Commission's Rules of
Procedure, IDAPA 3 L0 I .01 .000 et se q. (7- I -93 )
403. RECORD OF COMPLATNTS (RULE 403).
01. Recordkeeping. Each utility must keep a written record of complaints and requests for conferences
pursuant to Rules 401 and 402. These records must be retained for a minimum of one (l) year at the office of the
utilify where the complaints were received or conferences held. These written records are to be readily available upon
requesl by the concerned cuslomer, the customer's agent possessing written authorization, or the Commission. The
records ntusl show whether the customer or applicarrt was advised as required by Rule 401.02 that the customer or
applicant may request the Commission to review the utility's proposed disposition of the complaint. (4-2-0S)
02. Reporting. Each ulility mustr al the Commission's request, submit a report to the Commission that
states and classifies the number of conrplaints made to the utility pursuant to Rules 401 and 402, the general nature of
Section 401 Page 19
I DAH O A D M I NIST RAT IVE CODE
P u bli c Uti lities Com m iss ion
TDAPA 31-21.01
Utility Customer Relations Rules
their subject matter. how received (in person, by letter, etc.), and whether a Commission revierv was conducted.
(7- l-e3)
404. RESPONSES TO INFORMALCOMPLAINTS (RULE 404).
Within ten (10) business days of receiving notification from the Commission that an informal complaint involving the
company has been filed with the Commission, utilities must either respond orally or in writing to the Commission. A
utility will be granted an extension of time to prepare its response if it represents that it is making a good faith effort
to resolve the matter in dispute. A full and complete response should be submitted to the Commission no later than
thirty (30) days after receipt of notification from the Commission. (3-30-01)
40s. -- 499. (RESERVED)
CUSTOM ERS I]\ M ULTT-OCCUPANT BU ILDINCS ..
RIGHT TO BILLING BASED UPON CUSTOMER'S OWN USE
RULES 5OO THROT]CH 599
so0. -- s99. (RESERVED)
RUI.,ES FOR DEPOSIT, DENIAL, AND TERMINATION OF SERYICE
FOR IN DI.JSTRIAL, LARCS COMMERCIAL, AND IRRIGATION CUSTOM E RS
RULES 600 THROUGH 7OO
600. DEFTNTTTONS (RULE 600).
As used in Rules 601 through 605. (7-l-93)
01. Advance Payment. "Advance payment" means a payment made prior to receiving service that will
be credited to the customer's account at a later date. (7-l-93)
02. Applicant. "Applicant" means an applicant for industrial, large commercial or irrigation service.
(7- I -e3)
03. Customer. "Customer" means an industrial, large commercial or irrigation customer, unless further
restricted by the rule. The Cornmission rvill maintain on file a list of which customer classes of a given utility are
industrial, Iarge comnrercial, and irrigation. (7-1-93)
04. Deposit. "Deposit" nreans any payment held as security for future payment or performance that isreinrbursable. (7-l-93)
05. Written Notice. "Written notice" of the utility's intent to deny or terminate service may be mailed
or otherwise delivered to the applicant, occupant or customer. Written notice may be provided by electronic mail (i.e..
e-mail) if the customer is billed electronically and separately consents in writing to "opt-in" to receiving electronicnotification. (4-2-08)
601. DEposrT REQUTREMENTS AND ADVANCE PAYMENTS (RULE 601).
An applicant or customer may be required to pay a deposit or make an advance payment in accordance with the
utility's tariff fi led rvith the Commission. If an applicant or customer has sought any form of relief under the Federal
Bankruptcy Laws, has been brought within the jurisdiction of the bankruptcy coun for any reason in an involuntary
manner, or has had a receiver appointed in a stale courl proceeding, then a deposit may be demanded as allowed by
the Federal Bankruptcy Act of 1978, as amended, and, in particular, I i U.S.C. 366, or as directed by the state courl.
(7- 1 -93)
602. GROUNDS FOR DENIAL OR TERMINATION OF SERVICE WITII PRIOR NOTTCE (RULE
602).
A utility may deny or ternrinate service to an indusrial, large commercial or irrigation customer without its
Section 404 Page 20
IDAHO ADMINISTRATIVE CODE
Public Utilltles Commission
TDAPA 31.21.A1
Utility Customer Relatlons Rules
permission, but only after adequate notice has been given in accordance with these rules, for one (l) or more of the
following reasons: (7- l-93)
01. Failure to Pay Undisputed Bill. The customer or applicant did not pay undisputed delinquent bills
or paid a delinquent bill with any check not honored by the bank. (7-l-93)
02. Failure to Pay Deposit. The customer or applicant failed to make a required advance payment, pay
a deposit or provide an acceptable guaranlee, when required by the applicable tariffor contract. (7- l-9i)
03. The Customer or Applicrnt Failed to Comply with a Payment Arrsngement. (7- l -93)
04. Identify Misrepresentation. The customer or applicant misrepresented the customer's or
applicant's identity for the purpose ofobtaining utility service. (7-l-93)
05. Denial of Access to Meter. The customer or applicant denied or willfully prevented tlre utility's
access to the meter, (7- l -93)
06. Willful Waste of Service. The utility determines as prescribed by relevant State or other applicable
standards that the customer is willfully wasting service through improper equipment or otherwise. (7-l-93)
07, Failure to Apply for Srrvice. The customer or applicant failed to apply for service with the utility.
(7- r -e3)
603. REQUIREMENTS FOR AND CONTENTS OF NOTICE Bf,FORE TERMINATION OF SERVICE
(RULE 603).
01. Initial Notice. lf the utility intends to terminate service under Rule 601, the utility shall send to the
customer written notice of termination mailed at least seven (7) calcndar days prior to the proposed date oftermination. (3-20-04)
02. Contents o[Notice. 'lhe written notice of termination shall state: (3-20-04)
a.
termination;
The reason(s), citing these rules, rvhy service will be terminated, and the proposed date of
(3-20-04)
b. Actions the customer may take to avoid terntination; (7-l-91)
c, That an informal or formal cornplaint concerning the termination may be filed with this
Commission; and (7-l-93)
d, 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). (7- l -93)
03. Final Notice. The utility may mail a final written notice to customers at least three (3) calendar
days, excluding weekends and holidays, before the proposed date of termination. Regardless of rvhether the utility
elects to mail a written notice, al least twenty-four (24) hours prior to actual termination, the utility shail diligently
attempt to contact the customer affected, either in person or by telephone, to apprise the customer of the proposed
action. This final notice shall contain the same information required above for written notice. Each utility shall
maintain clear, written records of oral notices, showing dates and the utility enrployee giving the notices. (3-20-04)
604. GROUNDS FORTERMTNATTON Or SERVTCf, WITHOUT pRrOR NOTTCE (RULE 604).
A utility may terminate service without prior notice to the customer as specified in Rule 502 only: (7.1-93)
01. Dangerous Conditions. If a condition immediately dangerous or hazardous to Iife, physical safety,
or property exists, or ifnecessary to prevent a violation offederal, state or local safety or health codes. (7-l-93)
02. Order to Terminate. Upon order by any court. the Commission, or any other duly authorized
Section 603 l'}age 21
I DAH O ADM I N I STRAT IVE COD E
P u bl ic Uti liti es Com m iss ion
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Utility Customer Relations Rules
public authority. (7-l-93)
03. Illegal Use of Utilify. If such service is obtained, diverted or used without the authorization or
knowledge of the utility;or (7-1-93)
04. Unable to Contact Customer. lf the utility has tried diligently to meet the notice requirements of
Rule 602, but has been unsuccessful in its attempt to contact the customer. (7. l-91)
60s. NoTrcE To coMMrssroN PRroR To TERMTNATION (RULE 605).
No industrial or large commercial customer shall have its service terminated unless the Commission is given rvritten
notice seven (7) dals before the termination. The Comlnission may stay ternrination of service upon itifinding that
the public interest requires service to be nraintained to the customer. (7-l-93)
606. -- 700. (RESERVED)
SI"]MMARY OF CUSTOMER RULES
RT'LES 7OI THROUCH 8OO
?0r. sr"rMMARY oF RULES (RULE 70r).
01. Summary to Bc Provided to Customers. Each utility shall provide to its customers a summary of
this chapter approved by the Commission. The summary shall be provided to cuslomers at least once each year and
rnust be available at local offices of the utility in Idaho and provided to each new customer upon comlnencement ofservice. (4-l l-06)
02. Contents of Summary. The summary shall include the following information: (4-tl-06)
a. An explanation ofthe conditions under rvhich the utility may request a deposit; (4-ll-06)
b. An explanation ol'the conditions under which the utility may deny or terminate service; (4-11-06)
c. An explanation of how termination of service may be postponed due to serious illness or medical
emergency (residential customers only); (4-ll-06)
d. A statement of the utility's willingness to make payment arrangements to assist customers having
difficulty paying their utility bills; (4-l l-06)
e. An explanation of how to file a complaint with the utilig' and the Commission; and (4-l l-06)
f. A statement that termination of service is prohibited while a complaint is pending with the
Comnrission or with a court in the State of ldaho. (4-l l-06)
03. Summary for Gas and Electric Customers. The summary provided by a gas or electric utility
also shall include the following infornration: (4-l l-06)
a. An explanation of restrictions on termination of service and the availability of the Winter Payment
Plan described in Rule 306 (residential customers only). (4-l l-06)
b. An explanati,:n of the 'third Party Notification Program described in Rule 307 (residential
customers only); and (4- I l-06)
c. An explanation of the avaitability of the Level Pay Plan described in Rule 313. (4-l l-06)
04, Model Summaries. Model Rules Sunrnraries, including Spanish language translations for
residential customers! shall be provided by the Commission to utilities and other interested pafiies upon request.
(4- I 1.06)
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7A2, EXPLANATION OF RATE SCI{EDTILE (RTJLE 702).
Each gas, electric, and water utiliry shall transmit annually to each of its custome rs and give to each new customer at
the time of initiation ofservice a clear and concise explanation ofthe existing rate schedule for the class ofservices
selected by that customer. (3-29- l0)
703. -- 999. (RESERVED)
Section ?02 Page 23