20051109Notice of Rulemaking Pending Rule.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 RULE MAKING - PENDING RULE
EFFECTIVE DATE: This rule has been adopted by the Commission and is now pending
review by the 2006 Idaho State Legislature for final approval. The pending rule becomes final
and effective at the conclusion of the legislative session, unless the rule is approved, rejected
amended or modified by concurrent resolution in accordance with Sections 67-5224 and 67-
5291 , Idaho Code. If the pending rule is approved, amended or modified by concurrent
resolution, the rule becomes final and effective upon adoption of the concurrent resolution or
upon the date specified in the concurrent resolution.
AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that the
Commission has adopted a pending rule. The action is authorized pursuant to Sections 61-302
61-303 61-307 61-503 61-507, and 61-515 , Idaho Code.
DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons
for adopting the pending rule and a statement of any change between the text of the proposed
rule and the text of the pending rule with an explanation of the reasons for the change.
The Commission is adopting the proposed changes to Rules 311 , 701 , and some portions of Rule
306 as pending rules. The complete text of these three (3) Rules was published in the October 5
2005 Idaho Administrative Bulletin, Vol. 05-, pages 558-562.
Based upon comments received, the Commission clarifies the proposed change to Rule 305.02 asapplying to residential customers only. The Commission decided not to change Rule 306 to
expand the winter moratorium eligibility to include residential customers receiving Low Income
Heating Assistance Program (LIHEAP) benefits. The Commission found that expanding
moratorium eligibility to include LIHEAP recipients would significantly alter the moratorium
focus on public health and safety and might result in larger unpaid balances for customers as well
as larger utility uncollectibles. The Commission also declined to adopt the proposed change to
Rule 306.06 to eliminate the current monetary restrictions on when a customer may participate in
a winter payment plan. The Commission clarifies that Rule 306.06 applies to residential
customers. The text of pending Rules 305 and 306, which have been amended in accordance
with Section 67-5227, Idaho Code, is printed in this bulletin.
ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions
concerning this pending rule, contact Beverly Barker, at [phone].
DATED this day of November 2005.
~tJ -Je D. Jewell
Co mission Secretary
Idaho Public Utilities Commission
472 W. Washington St. (83702-5983)
PO Box 83720
Boise, ID 83720-0074
Tele: [phone]
FAX: [phone]
IDAPA 31
TITLE 21
CHAPTER 01
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)
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: (7 1 93)(
()ha. Reasons For Termination.The reason(s), citing these rules, why service will be
terminated and the proposed date of termination; (7 1 93)(
02-.b. ,etions To ,void Termination.Actions the customer may take to avoid
termination of service; (7 1 93)(
OJ-.~ Medieal Certifieate.That a certificate notifying the utility of a serious illness or
medical emergency in the household may delay termination as prescribed by Rule 308. (7 1 93)(
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). (7 1 93)(
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 01)(
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 to residential customers shall include or be accompanied by an explanation of
restrictions on termination of service and the availability of the Winter Payment Plan describedin Rule 306.
306. TERMINATION OF RESIDENTIAL GAS AND ELECTRIC SERVICE --
WINTER PAYMENT PLAN (RULE 306).
01. Restrictions on Termination of Service to 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. (7-93)
02.Definitions for This Rule. For purposes of this rule:(7-93)
a. "Children are defined as means persons eighteen (18) years of age or younger, but
customers who are emancipated minors are not children under this rule. (7 1 93)(
Elderly are defined as means persons sixty-two (62) years of age or older.
(7 1 93)(
c. "Infirm are defined as means persons whose physical health or safety would be
seriously impaired by termination of utility service. (7 1 93)(
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, nwst 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. (7 1 93)(
04. Amount of Payments Under Winter Payment Plan. Monthly payments under a
Winter Payment Plan are equal to one-half (1/2) ofthe Level Pay Plan amount for that customer.
The Level Payment Plan amount nwst shall be calculated according to Rule 313.06.(7 1 93)(
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
nwst shall either pay this balance or negotiate a new payment arrangement.(7 1 93)(
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 payor make payment arrangements on or after these dates may result intermination of service. (7-93)
06. Successive Participation in Winter Payment Plan. A residential customer who
participates in a Winter Payment Plan one (1) year nwst shall be allowed to participate in
succeeding years if the customer has honored the payment arrangements and the balance owing
as of November 1 does not exceed seventy-five dollars ($75) or the customer s utility bill for the
previous thirty (30) days, whichever is greater. However, the utility is not required to connect or
reconnect the service of a customer or applicant who does not currently have utility service and
owes an unpaid, undisputed bill to the utility. (7 1 93)(
07. Unoccupied Residences,.Ete-. Failure or Refusal to Apply 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.
Nothing in this rule requires the utility to connect service for a customer who O'tves money on an
existing account \-"hen that customer moves to a new residence that does not currently ha'service. (7 1 93)(
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 (30) 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.