20030820Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
frilL" a.lt)
~-/tJ3
FROM:BEVERLY BARKER
DATE:AUGUST 14 ~003
RE:PROPOSED REVISIONS TO THE UTLITY CUSTOMER RELATIONS
RULES (IDAP A 31.21.01)
Staff recommends that the Commission amend its Utility Customer Relations Rules.
What follows is a brief description of the substantive revisions proposed by Staff. A number of
other editorial changes are also proposed. Attached for your review is a marked-up version of
the rules showing all of the proposed changes. (Attachment A) Also attached are alternative
proposals submitted by A vista and Idaho Power with respect to two rules.
If the Commission wishes to initiate a rulemaking this year, the proposed revisions must
be submitted to the Administrative Rules Coordinator by August 20, 2003. The rules will be
published in the Administrative Bulletin. After publication, public comment will be accepted.
The Staff will then submit an analysis of the comments and make a final recommendation to the
Commission.
Rule 005 - Definitions
Subsection .01 - Applicant
Removes reference to 60 day interval between service. This change provides a more
transparent defInition of "applicant", which will simplify interpretation of other rules.
Includes statement similar to what is now in Telephone Customer Relations Rules
with respect to minors who apply for service.
DECISION MEMORANDUM - 1 -AUGUST 14, 2003
Subsection .02 - Customer
Removes reference to 60 day interval between service for customers who move and
adds language to address customers whose service has been terminated recently. This
change provides a more transparent definition of "customer , which will simplify
interpretation of other rules.
Subsection .03 - Good Credit
Eliminates rule. In addition to elimination of this rule, Staff is proposing that two
additional rules that use the term "good credit" either be eliminated (Rule 205) or revised
to specify what is meant by good credit within the context of the particular rule (Rule
107). The proposed revision of Rule 107 and elimination of Rule 205 makes it
. unnecessary to retain this definition.
Rule 104 -Explanation for Requirement of Deposit
Deletes references to denial of service, which is covered under Rule 301.
Revises rule to allow the explanation to an applicant of the need for a deposit to be
either oral or in writing. In the majority of instances, utilities are requesting deposits
ITom applicants or recently-terminated customers, and most communication takes place
via telephone. In such cases, an oral notice is more timely and appropriate than a written
notice.
Adds a provision regarding dispute resolution.
Rule 107 - Return of Deposit
Subsection .02 - Existing Customers
Eliminates reference to "good credit" and clearly states the conditions under which a
deposit will be returned.
Changes conditions under which residential customer deposits will be retained.
Currently, deposits are returned if, in the past 12 months, the customer pays all
undisputed bills before the utility's dispatch of personnel to the customer s premises
order to leave a final notice or terminate service. As proposed, deposits are returned if
the residential customer pays before the utility provides a final notice of termination.
This change would encourage customers to develop better payment habits and allow
utilities to retain deposits for customers who have already been identified as credit risks
(thus collection of a deposit in the fITst place) and have more than one bill that became
seriously past due. Deposit provisions for business customers remain unchanged.
DECISION MEMORANDUM - 2-AUGUST 14, 2003
. A vista proposes that the conditions for retention of residential customer deposits be
changed to match the current criteria for business customer deposits: no more than one
late payment in 12 months. In other words, the conditions would be uniform for both
residential and business customers. (See Attachment B)
Rule 109 Receipt for Deposit - Records of Deposit
Subsection .02 - Retention of Records
Adds a provision covering deposits that have been refunded by the utility. The time
ITame specified (3 years) is derived ITom the NARUC's "Regulations to Govern the
Preservation of Records of Electric, Gas and Water Utilities
Updates record retention period for unclaimed deposits.
Rule 205 - Customers with Good Credit
Eliminates rule. Utilities are not required to rely solely upon the statement
referenced in this rule as evidence of good credit. Previous changes to Rules 101 and 102
allow for reliance on additional credit screening tools, further diluting the usefulness of
this rule. Elimination of this rule will not prevent utilities ITom continuing the practice of
providing information regarding a customer s actual payment history to that customer
upon request.
Rule 206 - Responsibility for Payment of Bills Residential Customers
Revises rule to clarify intent of the rule and cover the various instances under which
a written notice to customers is required before unpaid amounts can be added to current
bills.
Eliminates subsection .05 because the situation addressed is now covered in
subsection .03.
Rule 301 - Explanation for Denial of Service to Applicant
Revises rule to allow, in most cases, the explanation of intent to deny service to be
either oral or in writing. In the majority of instances, applicants order service via
telephone, and service is currently off. In such cases, an oral notice is more timely and
appropriate than a written notice. Written notice of denial of service is required if the
premises is actually receiving service, as would be the case if a former customer moves
out and someone else moves in before the utility can terminate service at that location. .
Rule 312 further addresses this type of situation.
DECISION MEMORANDUM - 3 -AUGUST 14 2003
Rule 302 - Grounds for Denial or Termination of Service with Prior Notice
Subsection .01 - Failure to Pay
. Adds reference to electronic payment drawn on an account with insufficient funds.
Subsection .07 - Service to Minors
The subsection regarding "Failure to Apply" is eliminated because the situation is
now addressed in Rule 312. Taking its place is a new provision regarding service to
minors. This provision is similar to one contained in the Telephone Customer Relations
Rules.
Subsection .08 - Previous Account Balance Owing
Revises subsection to be consistent with Rules 301, 306 and 312 with respect to
customers with unpaid bills. The revision will also make the intent mor~ clear by
eliminating a clause referring to situations where the customer moves into a residence
that does not have service.
Rule 304 - Requirements for Notice Before Termination of Service
Subsection .01- Initial Notice
Changes title to "Initial Notice" to clearly distinguish the fITst notice ITom subsequent
notices. Since many companies provide more than 7 calendar days between issuance of
the initial notice and the date of termination, the tenn "7 day notice" is misleading.
Subsection .02 - Final Notice
Changes title to "Final Notice" to be consistent with newly-revised Rule 101.
. A new provision allows utilities to mail a final notice, as is current practice for most
energy utilities.
This subsection permits utilities to mail final notices but continues to require an
attempt to contact the customer by telephone or in person. Idaho Power proposes that the
company be allowed to choose which methods of notification to use. (See Attachment C)
Subsection .04 - Failure to Pay
Eliminates reference to tendering payment with a dishonored check during a
collection visit, since that. is covered under 304.04.
Adds reference to electronic payment made on an account with insufficient funds.
DECISION MEMORANDUM - 4-AUGUST 14, 2003
Rule 308 - Serious Illness or Medical Emergency
Makes revisions to clarify and streamline the rule.
Eliminates subsection 308.04 that requires customer to make payment arrangements
prior to expiration of the certificate. Payment arrangements are covered under Rule 313
and need not be reiterated here.
Eliminates requirement that medical certificates include information on the nature of
the serious illness or medical emergency. The patient privacy provisions of the Health
Insurance Portability and Accountability Act of 1996 have caused some health
professionals to refuse to divulge the information required by this subsection. Moreover
a health professional's statement that a serious illness or medical emergency exists and
that utility service is necessary to prevent harm is sufficient to grant a 30 day payment
extension.
Adds a new subsection stating that the customer who obtains a medical certificate
remains obligated to pay undisputed bills.
Rule 312 - Denial or Termination of Service to Master-Metered Accounts and Residents orOccupants Who Are Not Customers
Revised to address situations where resident or occupant is receiving service
temporarily after a customer requests termination of service. This typically happens
when someone moves into the premises before the utility can terminate service.
. A shorter minimum notification time frame is proposed for several reasons: (1) to
more quickly resolve these sorts of issues; (2) to minimize the conflict between
customers who expect a request for termination to be promptly honored and residents or
occupants who expect to be given a reasonable interval in which to sign up for service
and (3) to minimize economic loss to a utility if the resident or occupant fails to apply for
service or does not qualify to receive service without payment of a deposit or taking some
other action to obtain service under his or her own name.
Adds a provision regarding dispute resolution.
Rule 603 - Requirements For and Contents of Notice Before Termination of Service
Makes changes to mirror proposed changes to Rule 304.
COMMISSION DECISION
1. Does the Commission wish to issue proposed rules as recommended by Staff?
2. Does the Commission wish to accept Avista s proposed revision to Rule 107.02 in place
of that proposed by Staff?
DECISION MEMORANDUM - 5 -AUGUST 14 2003
3. Does the Commission wish to accept Idaho Power s proposed revision to Rule 304.02 in
place of that proposed by Staff?
udmemos/rules august 2003
DECISION MEMORANDUM - 6 -AUGUST 14, 2003
mAPA 31
TITLE 21
CHAPTER 01
31.21.01 - CUSTOMER RELATIONS RULES FOR GAS, ELECTRIC AND WATER
PUBLIC UTILITIES REGULATED BY THE IDAHO PUBLIC UTILITIES
COMMISSION (THE UTILITY CUSTOMER RELATIONS RULES)
005.DEFINITIONS (Rule 5).
The following definitions are used in this title and chapter: (7-93)
01. Applicant. Unless restricted by definition within a rule or group of rules to a
particular class of service
, "
applicant" means any potential customer who applies for service
ITom a utility and either haG no pre'lious service ITom that utility or has not had service with that
utility v/ithin the most recent sixty (60) days Utilities may reQuire an adult or minor competent
to contract to join a minor not competent to contract as an applicant.(7 1 93)(
02. Customer. Unless restricted by definition within a rule or group of rules to a
c. Is cUITCfitly
1. Receiving service ITom a utility; er
(7 -93)
(7-93)
(7 1 93)(
(7 1 93)(
(7 1 93)(
particular class of customer
, "
customer" means any person who:
a. Has applied for;
b. Has been accepted by the utility;and
ii. Has received service within the past ten (10) calendar days prior to termination by the
utility; or
iii Has Ai!ss~ 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 customer for purposes of obtaining
terminating service cancelling service receiving refunds, ete or making changes to the account.
i...dditionally, a person \.vho mOTl6S within a utility s . service territory and requests that sep.:iee be
terminated at the customer s preTlious location and that service be initiated at a TIC'" location
within sixty (60) days is considered an e-xisting customer and not an applicant. (7 1 93)(
03. Cood Credit. Good credit" means payment by a customer for the most recent
twebe (12) consecutive month period of al11:llldisputed bills due the utility before the utility'
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dispatch of personnel to the customer s premises as allo'Ned by the rules to leave a twenty foUI'
(21) hour notice or to terminate service. (7 1 93)
041.Utility. Unless restricted by defInition within a rule or group of rules
, "
utility" means
any public utility providing gas, electric or water service subject by law to the Commission
jurisdiction, whether previously certified or not. (7-93)
(BREAK IN CONTINUITY OF SECTIONS)
104. WRITTEN EXPLANATION FOR DENIAL OF SERVICE OR REQUIREMENT
OF DEPOSIT (Rule 104).
If the utility denies service or requires a cash deposit as a condition of providing service, then it
nmst shall immediately provide aJ! 'llrittcn explanation to the applicant or customer stating the
precise reasons why it denies service or requires a deposit is required. The applicant or customer
nmst shall be given an opportunity to rebut those reasons. In the event of a dispute, the applicant
or customer shall be advised that an informal or formal complaint may be filed with the
Commission.(3 30 01)(
(BREAK IN CONTINUITY OF SECTIONS)
107.RETURN OF DEPOSIT (Rule 107).
01. Former Customers. Upon termination of service, the deposit, with accrued interest
shall be credited to the final bill. The balance of the deposit remaining, if any, shall be returnedpromptly to the customer. (7-93)
02. Existing Customers. The deposit, with accrued interest, nmst shall either be credited
to the customer s current account or be refunded promptly by the utility when if:
(3 30 01)(
a. The residential customer has paid all undisputed bills within the past twelve (12)
consecutive months before the utility provides a fmal notice of termination establishes and
maintains good credit; or (7 1 93)(
b. The small commercial customer maintains good credit and is not delinquent more
than once in has no more than one (1) late payment during the previous past twelve (12)
consecutive months.(7 1 93)(
Attachment A
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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 thedeposit was held. (7-93)
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. (7-93)
(BREAK IN CONTINUITY OF SECTIONS)
109.RECEIPT FOR DEPOSIT -- RECORDS OF DEPOSIT (Rule 109).
01. Receipts. Each customer paying a deposit or the initial installment on a deposit mast
shall then be given a receipt containing or otherwise be provided with the following information:
a. Name of customer and service address for which deposit is held;
b. Date ofpayment(s);
c. Amount ofpayment(s); and
(7 1 93)(
(7-93)
(7-93)
(7-93)
d. Statement of the terms and conditions governing the return of deposits. An ordinary
receipt may be given for subsequent deposit installments. (7 -93)
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 premises occupied by the customer when the deposit is made and each successive location
occupied by the customer while the deposit is retained, and the date(s) and amount(s) of the
deposits or installments. The utility shall retain records of deposits that have been refunded to
customers for a period of three (3) years after the date of refund.The utility shall retain these
records of unclaimed deposits for a period of seven (7) years as required by the Unclaimed
Property f.., Sections 11 501 et seq., Idaho Code, and in partieular Section 14-531, Idaho Code
(ten years)(7 1 93)(
03. Transfer Of Records. Upon the sale or transfer of any utility or any of its operating
units, the seller shall certify to the Commission that it has a list showing the names of all
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customers whose service is transferred and who have a deposit on file, the date the deposit was
made, and the amount of the deposit. (7-93)
(BREAK IN CONTINUITY OF SECTIONS)
205.(RESERVED). CU8TOlVIERS WITH GOOD CREDIT FINAL BILLS (Rule 205)
"Vhen a customer with good credit voluntarily terminates service ',vith the utility, the final bill
shall contain or be accompanied by a statement that the customer had good credit '.vith the utility.
When an applicant f.or service presents such a statement to a utility, whether ITom a utility
regulated by this Gommission or othenvise, the statement constitutes e'lidence of good cf'edit in
the application for utility service. Howo'-'oc, presentation of such a statement ',,-,ill not require the
utility to consider the applicant to have good credit solely on tho basis of that statement. (7 1 93)
206. TR..:\...~8FER RESPONSffiILITY
RESIDENTIAL CUSTOMERS (Rule 206).
FOR PAYMENT BILLS
01. Customer Def'med. For purposes of this rule
, "
customer" means a customer 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.(7-93)
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
customer s household, but whose name does not appear on the current bill or application for
service, Wlless:(7-93)
a. The customer signs a written agreement to payor otherwise expressly accepts
responsibility for payment of the other person s bill; or (7 1 93)(
b. The customer has a legal obligation to pay the other person s bill. (7-93)
03. Customer Notice Of Transfer Of Bill To ABother Customer Ne The utility shall
transfer any amount oyvcd by a customer or former customer to another customoc s account
without provide written notice., of its intent to add to the customer s bill for cUrrent service anamount owed for:
a. Another person s bill~
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b. Service rendered at a former service location. provided that the lapse in service
exceeds sixty (60) calendar days: or
c. Service rendered at the current service location for which the utility failed to bill orfailed to bill in a timely manner.
04. Contents of Notice.The notice must include the following information conccrnmg
d. The amount owed;
(7 1 93)(
(7 -93)
(7-93)
(7 1 93)(
(7-93)
the bill amount the utility is proposing to transfer:
a. The name of the customer of record who owes the bill amount;
b. The service location involved;
c. The time over which the transferred bill amount was accumulated;
e. The reason(s) for transferring adding the bill amount to the customer account bill
statement (7 1 93)(
f. A statement that payment arrangements may be made on the amount owed;
(7-93)
g. A statement that the customer has the right to contest the transfer utility's proposed
action with the utility or the Commission; and (7 1 93)(
h. The response deadline after which the bill amount will be transferred added to the
customer s bill statement.(7 1 93)(
04~.Opportunitv to Response!!. The customer shall be given a minimum of seven (7)
calendar days ITom the date ofthe proposed action to respond to the utility's notice.
(7 1 93)(
05. Transfer Of BiDs Far Customers 'Vila Move. The utility shall not be requiTed to
notify a customer of its intent to transfer an amount O'.ved if that customer remains the customer
named on the bill and moves to another location .,,:;ithin the utility's service territory, provided
that the lapse in service does not exceed sixty (60) days for electric and water utilities, or one (1)
heating season for gas utilities.(7 1 93)
(BREAK IN CONTINUITY OF SECTIONS)
Attachment A
Decision Memorandum
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301. REQUIREMENTS EXPLANATION FOR AND CONTENTS OF NOTICE OF
DENIAL OF SERVICE TO APPLICANT (Rule 301).
01. Explanation to Applicant.If the utility intends to deny service to an applicant, the
utility must give shall provide an explanation to the applicant vnitten notice of stating the
reasons for the utility's refusal to serve. The notice shall state: (7 1 93)
Reasons. The reasons for denial of service; (7 1 93)
02. Aetions Of Applicant. Actions tIhe applicant may take shall be advised of what
action(s) must be taken to receive servic~.:.(7 1 93)
03. CamplaiBt May Be Filed. In the event of a dispute, the applicant shall be advised
+!hat an informal or formal complaint concerning denial of service may be filed with the
Commission.(7 1 93)(
02. Written Notice. If service is currently being provided to the premises occupied by
an applicant. the utility shall provide written notice of its refusal to serve pursuant to Rule 312.
302. GROUNDS FOR DENIAL OR TERMINATION OF SERVICE WITH PRIOR
NOTICE (Rule 302).
A utility may deny or terminate service to a customer or applicant without the customer s or
applicant's permission , but only after adequate notice has been given in accordance with these
rules, for one (1) or more ofthe following reasons: (7-93)
01. Failure To Pay. With respect to undisputed past due bills +the customer or
applicant;. did not pay undisputed delinquent bills or (7 1 93)(
a. Failed to pay;
f):eaid a delinquent bill with any with a dishonored check not honored by the banlc.
c. Made an electronic payment drawn on an account with insufficient funds.
02. Failure To Make Security Deposit. The customer or applicant failed to niake a
security deposit or make an installment payment on a deposit where it is required. (3-30-01)
03. Failure To Abide By Terms Of Payment Arrangement. The customer or applicant
. failed to abide by the terms of a payment arrangement. (3-30-01)
Attachment A
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08/14/03 Page 6 of
04. Identity Misrepresentation. The customer or applicant misrepresented the
customer s or applicant's identity for the purpose of obtaining utility service. (7-93)
05. Denial Of Access To Meter. The customer or applicant denied or willfully
prevented the utility's access to the meter. (7-93)
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.(7-93)
07. Misuse Of Service. The customer or applicant is USIng ser.'ice for 'vhich the
customer or applicant did not apply. Service to Minors. The applicant or customer is a minor
not competent to contract as described in Sections 29-101 and 32-101. Idaho Code.
(7 1 93)(
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 ITom a
previous account v;hen that customer mo';es to a now residence that docs not ha';o service
(7 1 93)(
(BREAK IN CONTINUITY OF SECTIONS)
304.
304).
REQUIREMENTS FOR NOTICE BEFORE TERMINATION OF SERVICE (Rule
01. Seven Day Initial Notice. If the utility intends to tenninate service under Rule 302
the utility shall send to the customer written notice of termination mailed at least seven (7)
calendar days before the proposed date of termination. This written notice fffilSt shall contain the
information required by Rule 305. (3 30 01)(
02. TweBty Fear Hour Final Notice. The utility may mail a final written notice to
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,Af!:t least
twenty- four (24) hours before aetwl the proposed date of termination, the utility HffiSt 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 eml final
notice fffilSt shall contain the same information required by Rule 305. (3 30 01)(
Attachment A
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03. Additional Notice. If service is not terminated within twenty-one (21) calendar days
after the proposed termination date as specified in a written notice the utility mast shall again .
provide notice under Subsections 304.01 and 304.02 if it still intends to terminate service.
(3 3001)(
04. Failure to Pay Payment .With DisBanored Cheek.No additional notice of
termination is required if, upon receipt of a termination notice, the customer (3 30 01)(
a. The customer mMakes a payment arrangement and subsequently fails to keep t):1at
arrangement; ef- (3 30 01)(
b. The customer tenders payment with a dishonored check; or (3 30 01)(
c. The customer, at a utility's collection visit to terminate ser/ice, tenders payment "'lith
a dishonored check Makes an electronic payment drawn on an abcount with insufficient funds.
(3 30 01)(
(BREAK IN CONTINUITY OF SECTIONS)
308.SERIOUS ILLNESS OR MEDICAL EMERGENCY (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 ITom
the date of the receipt of a written certificate signed by a licensed physician or public health
official with medical training that states:. The certificate must contain the following information:
(7 1 93)(
a. statement that +!he 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 (7 1 93)
b-:---+!ermination of utility service would adversely affect the health of that customer
member of the customer s family, or resident of the household. (7 1 93)(
02. C9ntents Of Medieal Certificate. Tills ecrtificate mast be in 'vriting and show
clearly
tIhe name of the person whose serious illness or medical emergency would be
adversely affected by termination and the relationship to the customer and (
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08/14/03 Page 8 of
c. the nature of the serious illness or medical emergency, and he name, title, and
signature of the person giving notice of or certifying the serious illness or medical emergency.
(7 1 93)(
O~~.Restoration Of Service. If service has already been terminated when the medical
certificate is received, service shall be restored as soon as possible, but no later than twenty-four
(24) hours after receipt.The customer HffiSt shall receive service for thirty (30) calendar days
ITom the utility's receipt of the certificate. (7 1 93)(
04. Payment Arrangements. Before the expiration of the medical postponement, the
customer must make payment arrangements ''accordance v.~-th Rule 313.
(7 1 93)
OSJ,.Second Postponement. The utility may postpone termination of service upon receipt
of a second certificate stating that the serious illness or medical emergency still exists. (7-93)
V erification Of Medical Certificate. The utility may verify the authenticity of the
certificate and may refuse to delay termination of service if it is determined that the certificate is
a forgery or is otherwise ITaudulent. (7-93)
05. Oblh!ation to Pay. Nothing in this rule relieves the customer of the obligation to
pay any undisputed bill.
(BREAK. IN CONTINUITY OF SECTIONS)
312. DENIAL OR TERMINATION OF SERVICE TO MASTER-METERED
ACCOUNTS AND RESIDENTS OR OCCUPANTS WHO ARE NOT CUSTOMERS (Rule
312).
01. Notice To Occupants Or Residents Not Customers. Except as provided in Rules
303.01 and 303., no utility shall deny or terminate service without providing written notice to
the residents or occupants of:(7 1 n)(
a. A building or mobile home court where service is master-metered; ef(7 1 93)(
b. A residence where the customer billed for service is not a resident or occupant of the
premises being served-;-; or (7 1 93)(
c. Premises where service is being provided on an interim basis to a resident or
occupant following a customer s request to terminate service.
Attachment A
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08/14/03 Page 9 of 11
02. SeveR DR)' Deliverv and Contents of Notice To Oeeu.pRRts Or Reside:llts . The
utility must notify the residents or occupants of its intent to denv or terminate service at least
seveR two (1I) 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: (7 1 93)(
a. The date of the notice; (7-93)
b. The proposed denial or termination date; (7 1 93)(
c. The amount due for the most recent billing period reason for denial or termination
ffi1d (7 1 93)(
d. +hat What action(s)the resident(s) or occupant(s) can negotiate directly with tho
utility to purchaGe future GeI'vice at that location must take in order to obtain or retain service
the resident's(s ) or occupant's(s ) own name(s)-.: and (7 1 93)(
. )
e. That an informal or formal complaint concerning denial or termination of service
may be filed with this Commission.
(BREAK IN CONTINUITY OF SECTIONS)
603. REQUIREMENTS FOR AND
TERMINATION OF SERVICE (Rule 603).
01. SeveR Day Initial Notice. If 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)
calendar days prior to the proposed date of termination. (7 1 93)(
02. Contents Of A Notice. The written notice oftermination shall state: (7 1 93)(
a. The reason(s), citing these rules, why service will be terminated, and the proposed
CONTENTS NOTICE BEFORE
date of termination;
b. Actions the customer may take to avoidtermination;
(7 1 93)(
(7-93)
c. That an informal or formal complaint concerning the termination may be filed with
this Commission; and (7-93)
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). (7-93)
Attachment A
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08/14/03 Page 10 of
OJ. Twenty Four Hour Final Notice. The utility may mail a final written notice to
customers at least three calendar days. excluding weekends and holidays. before the proposed
date of termination. Regardless of whether the utility elects to mail a written notice,Agt least
twenty-four (24) hours prior to actual termination, the utility shall diligently attempt to contact
the customer affected, either in person or by telephone, to apprise the customer of the proposed
action. This eFal final notice shall contain the same information required above for written
notice. Each utility shall maintain clear, written records of these oral notices, showing dates and
the utility employee giving the notices.(7 1 93)(
Attachment A
Decision Memorandum
08/14/03 Page 11 of
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107.RETURN OF DEPOSIT (Rule 107).
01. Former Customers. Upon termination of service, the deposit, with accrued interest
shall be credited to the final bill. The balance of the deposit remaining, if any, shall be returnedpromptly to the customer. (7-93)
02. Existing Customers. The deposit, with accrued interest, must either be credited to
the customer s current account or be refunded promptly by the utility wheB:; if the customer has
paid all undisputed bills within the past twelve (12) consecutive months before the utility
provides a final notice of termination.
'-_:~':'~~~~~~~
In addition (3 30 01)
a-. The residential customer establishes and maintains good credit; or (7 1 93)
&-. +!he small commercial customer maintains good credit and is not delinquent more
than once in must have no more than one (1) late payment during the previous twelve (12)
months.(7 1 93)(
Attachment B
Decision Memorandum
08/14/03
09.Previous Account Daimee Owing. Nothing in this rule requires the utility to connectsemce for a
customer who owes money on an existing account or from a previous account when that G8stemer moves to a
~.
Fe5iae$e 1:Bat Sees Bet ha\"e service.
Idaho Power Comment
Subsection 7
, "
Failure to Apply , is recommended to be removed from this Rule.
Rule 312.01 notice requirements address the identical condition in the proposed subsection
, "Premises where service is being provided temporarily ~o a resident or occupant
following a customer' srequest to terminate service.
Subsection 9
, "
Previous Account Balance Owing , the Company proposes to add "
applicant" after the word "customer
IPUC Staff Proposed Language
. 304.REQUIREMENTS FOR NOTICE BEFORE TERMINATION OF SERVICE (Rule 304).
01. SeveR Day Initial Notice. If the utility intends to terminate service under Rule 302, the utility
shall send to the cuStomer written notice of temrination mailed. at least seven (7) calendar days before the
proposed date of termination. This written notice must contain the information required by Rule 305.
02. TweIIty Fear BeBF Final Notice. The utility may mail a final written notice to custo~er at least
three (3) calendar days. excluding weekends
~~
holidays. before the DrODosed date of tennination.At least
twenty-four (24) hours before actual tenninatioo, the utility must: 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 dclay tenninatioll This emI finalnotice must contain the same information required by Rule 305"
Idaho Po",er Comment
The Company proposes the following language for subsection 2
, "
Final Notice
At least twenty-four (24) hours before actual tennination, the utility must diligently
attempt to contact the customer affect~, either in person, by te1ephone, or mail a final 'weide
notice to customer at least three (3) calendar days, excluding weekends and holidays, before
the proposed date of termination to advise the customer of the proposed action and steps to
take to avoid or delay termination. This final notice must contain the same information
required by Rule 305.
IPUC Staff Proposed Language Attachment C
Decision Memorandum
08/14/03308.SERIOUS ILLNESS OR MEDICAL EMERGENCY (Rule 308).
!pca Response, Page