20041108Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:NOVEMBER 4, 2004
RE:PROPOSED REVISION TO THE UTILITY CUSTOMER RELATIONS
RULES, IDAPA DOCKET NO. 31-2101-0401 (RUL-04-
In August 2004, the Commission issued a Notice of Proposed Rulemaking to be
published in the Idaho Administrative Bulletin. In its AP A Notice, the Commission proposed to
amend its Utility Customer Relations Rule 108 and to promulgate a new Rule 110. IDAPA
31.21.01. The proposed change to Rule 108 would allow a public utility to transfer a customer
deposit or advance payment to a new account or apply it to the account balance owed on an
existing account. New Rule 110 implements Idaho Code 9 14-508 that states that any utility
deposit or advanced payment unclaimed for more than one year is presumed to be abandoned
property. As proposed, Rule 110 would allow a public utility to forward abandoned deposits or
advance payments to a financial assistance program certified by the Commission.
The Commission s Notice of Proposed Rulemaking was published in the Idaho
Administrative Bulletin on October 6, 2004. The Notice invited public comments to be
submitted to the Commission no later than October 27, 2004. No public comments were
submitted.The Legislative Services Office forwarded a letter to the Commission dated
September 22 , 2004.In its letter, Legislative Services noted that the Senate and House
Subcommittees for Review of Administrative Rules have reviewed the proposed changes. The
letter continued that no "meeting will be held, and we are pleased to report that no objections
will be filed (to the proposed rules)." The two proposed rules are attached for your review.
DECISION MEMORANDUM
COMMISSION DECISION
Does the Commission wish to adopt its proposed rules as pending rules?
Does the Commission wish to issue a Notice of Pending Rulemaking in the next
Administrative Bulletin to be published January 5 , 2005?
Don Howell
Vld/M:31-2101-0401 dh dm
DECISION MEMORANDUM
IDAP A 31
TITLE
CHAPTER
31.21.01 - CUSTOMER RELATIONS RULES FOR GAS,
ELECTRIC AND WATER PUBLIC UTILITIES REGULA TED
BY THE IDAHO PUBLIC UTILITIES COMMISSION
(THE UTILITY CUSTOMER RELATIONS RULES)
RULES 100 TO 199 - DEPOSIT AND CUARA NTEE 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
balance (with accrued interest)shall be either transferred to the account for the new location
credited to the customer s current account.
(BREAK IN CONTINUITY OF SECTIONS)
110. UNCLAIMED DEPOSITS AND ADVANCE PAYMENTS (RULE 110).:
01. Presumption of Abandonment. Pursuant to Section 14-508, Idaho Code, any
deposit or advance payment made to obtain or maintain utility service that is unclaimed by the
owner for more than one Q) year after termination of service is presumed abandoned.
02. Financial Assistance Program. utility may apply to the 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 payment of utility bills. The utility shall remain obligated to 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.
11tH. -- 199. (RESERVED).