20030820Notice of Proposed Rule.pdf

IDAP A 31 - IDAHO PUBLIC UTILITIES COMl\1ISSION
31.21.01 - CUSTOMER RELATIONS RULES FOR GAS, ELECTRIC
AND WATER PUBLIC UTILITIES REGULATED BY
THE IDAHO PUBLIC UTILITIES COMl\1ISSION
(THE UTILITY CUSTOMER RELATIONS RULES)
DOCKET NO. 31-2101-0301
NOTICE OF PROPOSED RULE
AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the
Public Utilities Commission s proposed rulemaking. This action is authorized pursuant to Sections 61-
507 and 61-515 , Idaho Code.
PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be scheduled
only if requested in writing by twenty-five (25) persons, political subdivision, or an agency, no later
than October 15, 2003. The hearing site will be accessible to persons with disabilities. -Requests for
accommodations must be made no later than five (5) days prior to the hearing, to the Commission
address set out below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance and
purpose of the proposed rules:
The Commission is proposing several changes to its Utility Customer Relations Rules that address
customer billing, deposits and termination of service. First, several revisions address minors who
apply for service, situations where a resident or occupant is receiving service temporarily after a
customer requests termination of service, and electronic payments drawn on accounts with insufficient
funds. Second, revisions to Rules 104 and 301 would allow utilities to provide written or oral notice
when the utility requires a deposit or intends to deny service. Third, the Commission proposes to
delete the requirements that utilities provide customers a letter of good credit after discontinuing
service (Rule 205) and that medical certificates furnished by customers contain information about the
nature of the illness or medical emergency (Rule 308). Fourth, the Commission proposes to clarify
Rule 107 that addresses when deposits must be returned to existing customers. Finally, the
Commission proposes to amend several rules to improve readability and clarity, eliminate ambiguities
correct citations and cross-references, and make other housekeeping changes.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.0811 , informal negotiated
rulemaking was conducted at a series of workshops attended by representatives of gas and electric
utilities affected by the proposed changes.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS:
For assistance on technical questions concerning the proposed rule, contact Beverly Barker, Consumer
Assistance Administrator, at [phone].
DEADLINE FOR WRITTEN COMMENTS: Anyone may submit written comments regarding
these proposed rules. All written comments concerning the proposed rules must be delivered to the
Commission Secretary at the address identified below or must be postmarked on or before October 22
2003. Persons desiring to comment are encouraged to submit written comments at their earliest
convenience rather than wait until the comment deadline.
DATED at Boise, Idaho this t2(Jf1.. day of August 2003.
~JD_Je D. Jewell
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5983
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules):
IDAPA, Title, and Chapter Number and Chapter Name:
31.21.01, Utility Customer Relations Rules
31-2101-0301
Agency:Public Utilities Commission
Agency Contact and Phone Number:Don Howell, 334-0312 or Bev Barker, 334-0302
Legal Authority for rulemaking - Idaho Code Section(s):61-507,61-615
This rulemaking is a: (Check at least one. It may be necessary to check more than one.
Negotiated Rule
Temporary Rule
Proposed Rule
Effective Date of Temporary Rule:
Temporary Rule Justification (See Idaho Code Section 67-5226):
Protection ofthe public health, safety, or welfare; or
Compliance with deadlines in amendments to governing law or federal programs; or
Conferring a benefit.
Pending Rule Date Pending Rule Will Become Effective:
Correction to Pending Rule Vacation of Rule making-
Amendment to Temporary Rule Rescission of Temporary Rule
Does any portion of this rule making impose or increase a fee or charge?
If yes, provide a specific description along with the citation of the statute authorizing the imposition or increase.
Does this rulemaking necessitate changes in other rules?
If yes, please specify.
Does this rulemaking incorporate by reference other documents?
Specify an exact description of document(s) incorporated by reference.
HAVE YOU.. .
1. Had your legal counsel review your rulemaking?
2. Received Director, Board or Commission approval for the rulemaking?
3. Provided nine hard copies of the Notice of Rulemaking and the text of the rule changes to the
Legislative Services Office?
HAVE YOU INCLUDED. . .
1. An approved Proposed Administrative Rules Form?
2. A 3 1/2 inch diskette containing the Notice of Rule making and the complete text of the rule changes
in Word Perfect or Microsoft Word?
3. An 8 1/2 by 11 hard copy ofthe Notice of Rulemaking and the complete text of the rule changes?
Aug.19, 2003 10:41AM Div. Financial Mgmt.No.4845 p. 2/2
PROPOSED ADMINISTRATIVE RULES FORM
STARS Agency Code:
Phone Number: ~-0!1z. /-O30z.
IDAPA Numbers and Chapter Name:~
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This Rule is: Proposed Temporary Effective Date:
Agency Name:
Contact Person:
If Temporary Rule:
Protection of the public health, safety, or wI;:lfare; or
Compliance 'with deadlines in amendments to governing law or federal programs; or
Conferring a benefit.
If this is a. temporary role which imposes. a fee or charge, provide justification as descrihed in Idaho
Code, Section 67-5226(2):
Need for Proposed Rulemaklng: la,.~-fY "'Vi
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Estimated Costs for Rulemakiug (publication and Operatio:c. Costs):
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(DFM's Use Only)
DFM Analyst Comments:
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DFM Analyst Signature:
Special Assistant Signatur :
IDAPA 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
from a utility and either has no prc'/ious service from that utility or has not had service \vith that
utility vv'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
particular class of customer
, "
customer" means any person who-:-
a-. Hhas applied for;
b-. Hhas been accepted by the utility; and
e-. lis currently
fa. Receiving service from a utility; or
(7 1 93)(
(7 1 93)
(7 1 93)
(7 1 93)
(7-93)
H:Q. Has received service within the past ten (10) calendar days prior to termination by the
utility; or
f. Has A~ssumffiged 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.
dditionally, a person who moyes 'Nithin a utility's service territory and requests that service be
terminated at the customer s prc'/ious location and that service be initiated at a new location
within sixty (60) days is considered an existing customer and not an applicant.(7 1 93)(
03. Good Credit. Good credit" means payment by a customer for the most recent
nvclve (12) consecutive month period of all undisputed bills due the utility before the utility
dispatch of personnel to the customer s premises as allo'.'I-ed by the rules to leave a twenty four
(21) hour notice or to tenninate service. (7 1 93)
04J,.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. \VRITTEN 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
iffilSt shall immediately provide an :lritten explanation to the applicant or customer stating the
precise reasons why it denies service or requires a deposit is required. The applicant or customer
iffilSt 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,l shall be credited to the final bill. The balance-of the deposit remaining, if any, shall be
returned promptly to the customer. (7 1 93)(
02. Existing Customers. If the customer has paid all undisputed bills and has no more
than one (1) late payment during the past twelve (12) consecutive months of service. the utility
shall promptly return +!he deposit, (with accrued interest,j iffilSt Qy either Be creditetii!!g te the
customer s current account or Be issuing a refunded promptly by the utility when:
(3 30 01)(
ft-. The residential customer 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 the preyious twelve (12) months.(7 1 93)
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 ffitlSt
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,, Sections 14 501 et seq., Idaho Code, and in particular 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
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). CUSTOl\fERS "\lITH COOD CREDIT FINAL BILLS (Rule 205)
V/hen a customer with good credit voluntarily terminates service ':lith the utility, the final bill
shall contain or be accompanied by a statement that the customer had good credit 'liith the utility.
\Vhen an applicant for service presents such a statement to a utility, \vhethor from a utility
regulated by this Commission or otherwise, the statement constitutes evidence of good credit in
the application for utility service. Ho'vevor, presentation of such a statement will not require the
utility to consider the applicant to have good credit solely on the basis of that statement. (7 1 93)
206. TR\..~SFER OF RESPONSIBILITY
RESIDENTIAL CUSTOMERS (Rule 206).
FOR PAYMENT BILLS
01. Customer Defined. 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, unless:(7-93)
a. The customer signs a written agreement to payor otherwise expressly accepts
responsibility for payment ofthe 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 TrsBsfer Of Bill To ABotker Customer. Ne The utility shall
transfer any amount owed by a customer or former customer to another customer s account
without provide written notice-. of its intent to add to the customer s bill for current service an
a. Another person s bill: or
(7 1 93)(amount owed for:
exceeds sixty (60) calendar days.
b. Service rendered at a former service location, provided that the lapse in service
04. Contents of Notice.The notice must include the following information concerning
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;
d. The amount owed;
(7 1 93)(
(7-93)
(7-93)
(7 1 93)(
(7-93)
statement
e. The reason(s) for transferring adding the bill amount to the customer account bill
(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)(
customer s bill statement.
h. The response deadline after which the bill amount will be transferred added to the
(7 1 93)(
04~.Opportunitv to Response!!. The customer shall be given a minimum of seven (7)
calendar days from the date of the proposed action to respond to the utility s notice.
(7 1 93)(
05. Transfer Of Bills For Customers \Vho 1\fove. The utility shall not be required to
notify a customer of its intent to transfer an amount owed if that customer remains the customer
named on the bill and moves to another location '.vithin 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.
(BREAK IN CONTINUITY OF SECTIONS)
(7 1 93)
301. REQUIRE1\fENTS EXPLANATION FOR ND 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
under Rule 302, the utility must gi','e shall provide an explanation to the applicant .vritten notice
ef 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. .etions Of .,.pplieant. .ctions tIhe applicant may take shall be advised of what
action( s) must be taken to receive service-;-and-'.(7 1 93)
03. Complaint 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 of the following reasons:(7-93)
01. Failure To Pay. With respect to undisputed past due bills +!he customer or
applicant did not pay undisputed delinquent bills or (7 1 93)(
a. Failed to pay;
J3: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 make 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)
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 Serviee. The customer or applicant is using service for v/hich 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 :fTom a
previous account when that customer moves to a nev.' residence that docs not have service
(7 1 93)(
(BREAK IN CONTINUITY OF SECTIONS)
304. REQUIREMENTS FOR NOTICE TO CUSTOMERS BEFORE TERMINATION
OF SERVICE (Rule 304).
01. Seven Day Initial Notice. If the utility intends to terminate service to a customer
under Rule 302, the utility shall send to the customer written notice of termination mailed at least
seven (7) calendar days before the proposed date of termination. This written notice ftffiSt shall
contain the information required by Rule 305. (3 30 01)(
02. Twenty Four 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,A~t least
twenty-four (24) hours before aeffial the proposed date of termination, the utility ftffiSt 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 em! final
notice ftffiSt shall contain the same information required by Rule 305.(3 30 01)(
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 ftffiSt shall again
provide notice under Subsections 304.01 and 304.02 ifit still intends to terminate service.
(3 30 01)(
04. Failure to Pay Payment "'ith Dishonored 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 that
arrangement; ef-
b. The customer tenders payment with a dishonored check;
(3 30 01)(
(3 30 01)(
c. The customer, at a utility s collection visit to terminate service, tenders payment w-ith
a dishonored check Makes an electronic payment drawn on an account 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 from
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)
\7;--+!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. Contents Of l\fedieal Certifieate. This certificate must be in writing and sho'
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
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)(
03~.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 HH:lSt shall receive service for thirty (30) calendar days
from the utility s receipt of the certificate. (7 1 93)(
04. Payment L rrangements. Before the expiration of the medical postponement, the
customer must make payment arrangements with the utility in accordance with 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)
061. Verification Of Medical Certificate. The utility may verify the authenticity of the
certificate and may refuse to delay termination of service if it is determined that the certificate is
a forgery or is otherwise fraudulent. (7-93)
05. Obligation to Pav. 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 93)(
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
-;-:
(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.
02. SeyeR Day Delivery and Contents of Notice To Oeenpants Or Residents. The
utility must notify the residents or occupants of its intent to deny or terminate service at least
SEWefl two (12) 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
b. The proposed denial or termination date;
(7 1 93)(
(7-93)
(7 1 93)(
shall state:
a. The date of the notice;
c. The amount due for the most recent billing period reason for denial or termination
and (7 1 93)(
d. +hat What action(s)the resident(s) or occupant(s) can negotiate directly with the
utility to purchase future service 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. Seven 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)
CONTENTS NOTICE BEFORE
calendar days prior to the proposed date of termination.(7 1 93)(
02. Contents Of A Notice. The written notice of termination shall state: (7 1 93)(
a. The reason(s), citing these rules, why service will be terminated, and the proposed
date of termination;
b. Actions the customer may take to avoid termination;
(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 oftermination). (7-93)
03. 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 eml 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)(