20040809Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:BEVERLY BARKER KUL .LI,aJj-o/
DATE:JULY 26, 2004
RE:PROPOSED REVISIONS TO THE UTLITY CUSTOMER RELATIONS
RULES (IDAPA 31.21.01)
Staff recommends that the Commission consider amending its Utility Customer Relations
Rules. Staff does not anticipate opposition to adoption of these amendments. What follows is a
brief description of the substantive revisions proposed by Staff. Attached for your review is a
marked-up version of the rules, including one "housekeeping" change to a section heading.
If the Commission wishes to initiate a rulemaking this year, the proposed revisions must
be submitted to the Administrative Rules Coordinator by August 25 2004. The rules will be
published in the October issue of the Administrative Bulletin. After publication, public comment
will be accepted. The Staff will then submit an analysis of the comments and the Commission
may then decide whether to adopt the proposed rules as pending rules.
Rule 108 - Transfer of Deposits
Staff proposes to add a provision to allow utilities to apply a deposit amount plus accrued
interest to a customer s existing account when that customer moves to a new location within the
utility's service territory. The rule currently requires utilities to transfer deposits to the account
established for the new location. As amended, the proposed rule would allow utilities to either
transfer the deposit to the new account or apply it to the account balance owing on the existing
account. Due to limitations within its billing system, A vista is currently unable to transfer
deposits as required by this rule. Changing the rule will provide utilities additional flexibility in
handling custo~er deposits when those customers move and will bring A vista into compliance.
The proposed change will not impose any additional deposit obligations on affected customers.
DECISION MEMORANDUM - 1 -JUL Y 26, 2004
New Rule 110 - Unclaimed Deposits and Advance Payments
Staff proposes a new rule to implement Idaho Code 9 14-508 (attached), which allows
utilities to pay funds from unclaimed utility deposits and advance payments to "a financial
assistance program which assists the utility s low income and disadvantaged customers with their
utility bills . For 2003, the total amount of unclaimed deposits held by Avista, PacifiCorp, and
Intermountain Gas was $4168. Idaho Power was unable to separately identify amounts for
unclaimed deposits from total unclaimed funds. Under the proposed rule, Atlanta Power and
regulated water utilities would also be allowed to contribute to low income programs, but
possible funding amounts have not yet been identified. Staff does not anticipate that the amount
would be substantial, however. The proposed rule would permit utilities to apply to the
Commission for approval to pay unclaimed deposits to low-income consumer programs instead
of to the State.
COMMISSION DECISION
Does the Commission wish to issue proposed rules as recommended by Staff?
i:udmemos/rule dm 7 04
DECISION MEMORANDUM - 2-JUL Y 26, 2004
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)
RULES 100 TO 199 - DEPOSIT AND CUARANTEE PRACTICES
FOR RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS
(BREAK IN CONTINUITY OF SECTIONS)
108. TRANSFER OF DEPOSIT (RULE 108).
Deposits shall not be transferred from one customer to another customer or between 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 and any outstanding
balance (with accrued-1merest).shall be either transferred to the account for the new location
credited to the customer s current account.(7 1 93)(
(BREAK IN CONTINUITY OF SECTIONS)
110. UNCLAIMED DEPOSITS ADV ~CE PAYMENTS (RULE 1101.:
01. Presumption of Abandonment. Pursuant to Section 14-508. Idaho Code. any
deposit or advance paymen~o obtain or maintain utitity service that is unclaimed by the
owner for more than one ill year after ermination of service is presumeq. abandoned
..:. (
02. Jfinancial Assistance Program. uillity may a~)plv tQJ:he Commission for
approval to pay unclaimed deposits and advance payments presumed to be abandoned to a
financial assistance program which assists the utility s low income and disadvantaged customers
with paymenL.QL.yjility bill~ity shall remain obtigate~file its report of such
abandoned property as required by Section 14-517. Idaho Code. and retain records as required by
Section 14-53 L Idaho Code.
1101. --199. (RESERVED).
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14-508 ESTATES OF DECEDENTS
(7) CoIIl1Ilencing two (2) years after the effective date of this chapt'every change of beneficiary form. issued by an insuran.ce company under
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life or endowment insurance policy or annuity contract to ' an insured"owner whose is a resident ofiliis state IDmt request the following inibnnation: '
(Ii) The name of each beneficiary, or if a class of beneficiaries is
mUlle.."th~ name of each cur~ent beneficiary in the class;
(b) ,The address of each beneficiary; and
(c) The relationship of each 'beneficiary to be insured. a.
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added by 1983, ch. 209, ~ 2, p. 563.
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payable to the c
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Sections 1 and 3
compiled' as ~~ 14 tively-
Compi,Ier s notes. Former ~ 14-507 wasrepealed. See Compiler s notes, ~ i4-501.
14-508. Deposit~ held by utilities.
~ CO A deposit, including aninterest thereon, made by a subscriber with a utility to secure payment
or;.any ~um paid in advance fur utility services to be furnished
, less any lawfut;~
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deductions, tjIat remains unclaimed by the oWner for more than one (1) year"--~
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after termination of services for which the deposit or advance payment
wa~r ' ,made is presumed abandoned.
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:::':1:(2) The public utilities commission may certify that a utility is partici-:
~:tpating in a financial assistance program which assists the utility's low
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income and' disadvantaged customers with their utility bills. Upo~ certi:fi-
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' cation to the administrator, the utility shall pay the funds which would have
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been presumed to be abandoned under subsection (1) of this section
to the fuiancial'assistance program certified by the public u1ilities 'omm;Rsion. ,The utility shall remain obligated to file its report of such abandonedproper,ty as required by section 14-517, Idaho Code. IT., ~ 14-508, as added
. . :.
by 1983, ch. 209 ~ 2, p. 563; am. 1997, ch. 399
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5,. p. 1~62.
" Compiler s notes. Former ~ 14-508 wasrepealed. See Compiler s notes
, ~
14-501.Sections 4 and 6 of S.L. 1997, ch. 399 are
compiled as 99 14-504 and 14-512.
Sec. to sec. ;ref. This section is referred to
In 9 14-524.
14-509. Refund held by business associations. Except to theextent otherwise ordered by the court or arhniTiistrative ~gency, any sumthat a business association has. been ordered to refund
by a court ordmiT11strative agency which has remained unclaimed by the owner formore than one (1) year after it became payable in accordance with the finaldetermination or order providing for the refund, whether or not the finalde~ermination or order requires any person entitled to a
refund to make aclaim for it, is presuIIied abandoned. IT.~ 14-509, as added by 1983, ch.. 209, ~. 2, p. 563.
CompiI~r s notes.Former 9 14-509 wasrepealed. See Compiler s notes
, *
14-501.
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