20050819Notice.pdf

IDAP A 31 - IDAHO PUBLIC UTILITIES COMMISSION
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)
DOCKET NO. 31-2101-0402
NOTICE OF RULEMAKING - PROPOSED RULE
NOTICE OF PUBLIC HEARING
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that
the Idaho Public Utilities Commission has initiated proposed rulemaking procedures. The action
is authorized pursuant to Section(s) 61-302, 61-303 , 61-307, 61-503 , 61-507, and 61-515 , Idaho
Code.
PUBLIC HEARING SCHEDULE: A public hearing concerning this proposed rule will be
held on Wednesday, October 19, 2005 at 7 p.m. in the Commission s Hearing Room located at
472 W. Washington Street, Boise, Idaho [phone]. The hearing site will be accessible to
persons with disabilities. Requests for accommodation must be made not later than five (5) days
prior to the hearing, to the agency address below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance
and purpose of the proposed rulemaking:
In July 2004 the Idaho Community Action Network (ICAN) filed a Petition for Rulemaking
recommending that the Commission adopt six (6) proposed changes to its Utility Customer
Relations Rules and adopt one (1) new rule. In response to ICAN's Petition, the Commission
initiated a negotiated rulemaking. The Commission Staff conducted public workshops in Boise
and in Coeur d' Alene, Idaho, to discuss ICAN's proposed changes. Parties participating in the
negotiated rulemaking included ICAN, Idaho Power Company, PacifiCorp, Avista Utilities
Intermountain Gas, the Community Action Partnership Association of Idaho (CAP AI), the Idaho
Office for Refugees, Idaho Legal Aid, the North Idaho Community Action Agency, and the
Commission Staff
The workshops and subsequent conversations among the parties did not result in consensus.
After reviewing the ICAN proposals, the existing rules and the workshop discussions, the
Commission now proposes several changes to the Utility Customer Relations Rules. First, the
Commission proposes changes to Rule 305 regarding the contents of the notices that utilities are
required to give customers before terminating service during the three (3) months of the winter
moratorium (December, January and February). During the winter moratorium, utilities are
prohibited from terminating natural gas or electric heating service for residential household
customers with children, elderly or infirm persons. Second, the proposed changes to Rule 306
would amend the eligibility requirements and the operation of the winter moratorium. Proposed
Rule 306.01 would expand moratorium eligibility to include households receiving financial
assistance through the Low-Income Home Energy Assistance Program (LIHEAP) during the
current program year. Customers who participate in the winter payment plan (payments equal to
one-half (112) of the annual level pay plan) may participate in successive years of the winter
payment plan. Eligible customers participating in the moratorium may maintain their
participation if they move to another residence during the three (3) months and utilities shall be
required to turn on service at the new residence.
Third, existing Rule 311.01 prohibits the termination of utility services on Saturday, Sunday, a
legal holiday, or after 2 p.m. on any Friday or on any day immediately preceding any legal
holiday. The Commission proposes to amend this rule by prohibiting disconnection on any day
immediately preceding a holiday and moving the 2 p.m. threshold on Friday to 12 noon. Fourth
Rule 701 would be clarified by listing the required contents of the annual summary of rules that
utilities provide to each customer. Finally, Rule 701.04 would require that the Commission
provide utilities with a "model" of the annual summary of rules including a Spanish language
model. The Commission also proposes other changes to clarify these rules.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.811 , negotiated rulemaking
was conducted. The Notice of Negotiated Rulemaking was published in the Idaho Administrative
Bulletin, October 6 2004 in Volume 04-10 at page 475.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Beverly Barker at [phone].
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 26, 2005.
DATED at Boise, Idaho this
-i-A day of August 2005.
Je . JewellCo ission 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
IDAPA 31
TITLE
CHAPTER
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)
305.CONTENTS OF NOTICE OF INTENT TO TERMINATE SERVICE (RULE 305).
01. Contents of Notice.The written or oral notice of intent to terminate service
required by Rule 304 shall state:
~(
9t-.a. Reasons For Termination.The reason(s), citing these rules, why service will be
terminated and the proposed date of termination;
~b. Actions To Avoid Termination.Actions the customer may take to avoidtermination of service;
~c. Medical Certificate.That a certificate notifying the utility of a serious illness or
medical emergency in the household may delay termination as prescribed by Rule 308.
04-.d. Filing Complaints.That an informal or formal complaint concerning termination
may be filed with the utility or the Commission, and that service will not be terminated on the
ground relating to the dispute between the customer and the utility before resolution of the
complaint (the Commission s address and telephone number must be given to the customer); and(7 1 93)(
OS-.e. Payment ..'\rrangements.That the utility is willing to make payment arrangements
(this statement must be in bold print on written notices).
06.f: Partial Payments.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 for termination. (3 30 0 Be
02. Additional Requirements for Gas and Electric Utilities. During the months of
November. December. January and February. oral and written notices provided by gas and
electric utilities 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. (
306. TERMINATION OF RESIDENTIAL GAS AND ELECTRIC SERVICE --
WINTER PAYMENT PLAN (RULE 306).
01. Restrictions on Termination of Service to Certain 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
whose household includes children, elderly or infirm persons. or receives financial assistance
through the Low Income Home Energy Assistance Program (LIHEAP) during the current
program year
02.Definitions for This Rule. For purposes of this rule:(7-93)
a. "Children" are defined as persons eighteen (18) years of age or younger, but
customers who are emancipated minors are not children under this rule. (7-93)
Elderly" are-de:fined-as means persons sixty-two (62) years of age or older.
c. "Infirm means persons whose physical health or safety would beseriously impaired by termination of utility service.
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 or receives financial assistance through the Low
Income Home Energy Assistance Program (LIHEAP) during the current program year must shall
be offered the opportunity to establish a Winter Payment Plan. However, no customer may 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 1. A customer 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 of a participating
customer to make payments as required will result in cancellation of the plan and elimination of
the extended protection from termination of service offered under the plan. The customer may
use any source of funds to satisfy the payment requirements of Winter Payment Plan.
04. Amount of Payments Under Winter Payment Plan. Monthly payments under a
Winter Payment Plan are equal to one-half (1/2) of the Level Pay Plan amount for that customer.
The Level Payment Plan amount must shall be calculated according to Rule 313 .06.
05. Payment Arrangements Following Winter Payment Plan. If a customer who
received the protection of this rule has an outstanding balance owed to the utility, the customer
must shall either pay this balance or negotiate a new payment arrangemenh~
On or after March 1 , if the customer has not established a Winter Payment Plan; or
(7-93)
b. On or after April 1 , 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 intermination of service. (7 -93)
06. Successive Participation in Winter Payment Plan. A customer
in a Winter Payment P-lan one (1) year must shall be allowed to participate establish a Winter
Payment Plan in the succeeding years if the customer has honored the payment arrangements and
the--balance o\ving as of---Novembef..--l.-does not exceed seventy five dellars ($75) or the
customer s utility-bill-fef-te previous thirty (30) days, \vhiehe'ler is greater made under a Winter
Payment Plan for the prior year. Ho'Never, the utility is not required to connect or reconnect the
service of a customer or applicant 'Nhe-does not currently-have utility service and OVles an
07. Unoccupied Residences, Etc. - Failure or Refusal to Applv 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.
Nething in this rule requires the utility to connect service for a customer \vho O\\Tes money on an
existing account \vhen that customer moyes to a ne\y residence that--does not currently---htwe
service.
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 Rule 306.01 and subsequently moves to a new residence served by
the same utility. 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 customerrequests service at the new residence.
09. Applicants Previously Served. During the months of December. January and
February. a gas or electric utility shall provide service to any residential applicant who made a
declaration as provided for in Rule 306.01 and within thirty QQ) days of discontinuing service.
subsequently applies for service at a new residence served by the same utility. regardless of any
outstanding balance owed by the applicant. If service is not connected at the new residence.
service shall be connected as soon as possible after the applicant requests service at the newresidence.
(BREAK IN CONTINUITY OF SECTIONS)
311. RESTRICTIONS ON TERMINATION OF SERVICE -- OPPORTUNITY TO
AVOID TERMINATION OF SERVICE (RULE 311).
01. When Termination Not Allowed. Service shall not be terminated on any Friday
after 12 p;-m-. noon, or on Saturday, Sunday, legal holidays recognized by the State of Idaho, or
after 2 p.on any day immediately preceding any legal holiday, or at any time when the utility
is not open for business , except as authorized by Rules 303.01 and 303.02. Service may be
terminated between the hours of 4 p.m. and 9 p., Monday through Thursday, if the utility is
unable to gain access to the customer s meter during normal business hours. Unless otherwise
authorized by this rule, Rules 303.01 and 303., or the affected customer in writing, service
may be terminated only between the hours of 8:00 a.m. and 4:00 p.m. (5 3 03)(
02. Personnel to Authorize Reconnection. Each utility shall have personnel
available after the time of termination who are authorized to reconnect service if the conditions
cited as grounds for termination are corrected to the utility s satisfaction. Service shall be
reconnected as soon as possible, but no later than twenty-four (24) hours after the utility
conditions are satisfied and the customer requests reconnection. (5-03)
03. Opportunity to Prevent Termination of Service. Immediately preceding
termination of service, the employee designated to terminate service shall identify 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 before 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 if the customer or other
responsible adult is not on the premises at the time of termination. (5-03)
04. Notice of Procedure for Reconnecting Service. The employee of the utility
designated to terminate service shall give to the customer or leave in a conspicuous location at
the service address affected a notice showing, the time of and grounds for termination, steps to
be taken to secure reconnection, and the telephone numbers of utility personnel or other
authorized representatives who are available to authorize reconnection. (5-03)
05. No Termination While Complaint Pending. Except as authorized by order of the
Commission or of the Judiciary, service shall not be terminated for failure to pay amounts in
dispute while a complaint filed pursuant to Rule 402 is pending before this Commission or while
a case placing at issue payment for utility service is pending before a court in the state of Idaho.
(7 -93)
(BREAK IN CONTINUITY OF SECTIONS)
701.SUMMARY OF RULES (RULE 701).
01. Summary to Be Provided to Customers.Each utility must make available shall
provide to its customers a summary of this chapter approved by the Commission. The summary
shall be provided to customers at least once each year and must be available at local offices of
the utility in Idaho and provided to each new customer upon commencement of service.
02. Contents of Summary.The summary sent by gas and-electric utilities must shall
include er-be accompanied-by information explaining the---+h-ifd-Party Netification Program
the following information:
.(
An explanation of the conditions under which the utility may request a deposit;(
An explanation of the conditions under which the utility may deny or terminate
servIce;
c. An explanation of how termination of service may be postponed due to serious
illness or medical emergency (residential customers only).;.
d. statement of the utility s willingness
arrangements to assist customers having difficulty paying their utility bills;
to make payment
.(
An explanation of how to file a complaint with the utility and the Commission; and
.(
f. A statement that termination of service is prohibited while a complaint is pendingwith the Commission or with a court in the State of Idaho.
03. Summary for Gas and Electric Customers. The summary provided by a gas orelectric utility also shall include the following information:
a. An explanation of restrictions on termination of service and the availability of the
Winter Payment Plan described in Rule 306 (residential customers onlyt
.(
b. An explanation of the Third Party Notification Program described in Rule 307(residential customers only); and
An explanation of the availability of the Level Pay Plan described in Rule 313.
04. Model Summaries. Foreign language summaries of-the rules Model Rules
Summaries. including Spanish language translations for residential customers. shall be provided
by the Commission to the utilities and other interested parties must be made available-te
customers, civic organizations, etc., on upon request. (7 1 93)(
Aug,ll. LUUQ 4:4/~M UIV, rlnanclal Mgrnt.NO.L/QU t'.
Administrative Rules Form
STARS ency Code;
Effective Date:
If Temporary Rule:
Necessary to protect the public health, safety, or welfarei or
Compliance with deadlines In amendments to governing law or federal programs; or
Conferring a benefit.
If this III temporary rule whIch imposes a fee or charge, provide Justification as described in
Idaho Code 87 -5226(2):
700
(DFM's Use Only)
DFM Analyst Comments:
Received Date:
~ -
DF Analyst Signatur :
Internal Admin. Rule No. 2 8'Approved: Reviewed Date:s-f'es D No. r
Ap rov~ R vi ad D te:
~s D
sian 0 Inancial Management, Statehouse
PO Box ,8~720 Boise, Idaho 83720-0032
E-MaIl: info
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules): 31-2101-0402
(OAR will assign docket number to Negotiated, Proposed and Temporary rulemakings.
IDAPA, Title, and Chapter Number and Chapter Name:
31.21.01 Utility Customer Relations Rules
Agency: Idaho Public Utilities Commission
Agency Contact and Phone Number: Bev Barker 334-0302 Don Howell 334-0312
Legal Authority for rulemaking - Idaho Code Section(s): 61-302. 61-303. 61-307. 61-503.
61-507. and 61-515
This rulemaking is a: (Check at least one; it may be necessary to check more than one.
Negotiated Rulemaking Proposed Rulemaking Temporary/Proposed Rulemaking
Temporary Rulemaking Effective Date of Temporary Rule:
Temporary Rule Justification (See Idaho Code Section 67-5226):
Protection of the 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:
Amendment to Temporary Rule Rescission of Temporary Rule
Correction to Pending Rule Vacation of Rulemaking
Does any portion of this rulemaking 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? Provided one hard copy if Temporary only?
HA VE YOU INCLUDED. . .
1. An approved Proposed/Temporary Administrative Rules Form (P ARF)?
2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
3. An 8 1/2 by 11 hard copy of the Notice and the complete text of the rule changes?