20040825Notice of Negotiated Rulemaking.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 NEGOTIATED RULEMAKING
AUTHORITY: In compliance with Sections 67-5220(1) and 67-5220(2), Idaho Code, notice is
hereby given that the Commission intends to initiate negotiated rulemaking and determine
whether there is consensus to initiate a formal rulemaking. This negotiated rulemaking action is
authorized pursuant to Sections 61-302, 61-303 , 61-307, 61-503, 61-507, and 61-515 , Idaho
Code.
WORKSHOP SCHEDULE: The Commission s Staff will conduct two (2) public workshops
for the purpose of discussing changes to the Utility Customer Relations Rules proposed by the
Idaho Community Action Network (ICAN). The first public workshop will convene on October
, 2004 at 9:00 a.m. MST in the Commission s Hearing Room, 472 West Washington Street
Boise, Idaho. The second informal workshop is scheduled for October 26, 2004 at 9:90 a.
PST in Room IB of the Kootenai County Administration Building, 451 Government Way, Coeur
d' Alene, Idaho.
METHOD OF PARTICIPATION: Persons wishing to participate in the informal negotiated
rulemaking must do the following:
Interested persons may participate in the negotiated rulemaking workshops. The purpose of the
informal workshops is to facilitate negotiated rulemaking in which all interested parties seek
consensus on the content of proposed rule changes. For each proposed rule change there will be
a discussion of the reason(s) for the proposed change(s), the advantages and disadvantages of
implementing the proposed change, and whether there are ways to improve the proposed change
or mitigate any disadvantages. Depending on the outcome of the two workshops, additional
workshops may be scheduled later. The Commission anticipates that it will solicit public
comments after the completion of the workshops.
DESCRIPTIVE SUMMARY: The following is a statement in non-technical language of the
substance and purpose of the intended negotiated rulemaking and the principal issues involved:
In July 2004 ICAN filed a Petition for Rulemaking recommending that the Commission adopt
six (6) proposed changes to its Utility Customer Relations Rules and promulgate one (1) new
rule. In Order No. 29573 the Commission initiated this negotiated rulemaking docket. Briefly,
ICAN proposes changing Rule 306 to extend the existing three (3) month winter moratorium
period to five (5) months by adding the beginning month of November and the ending month of
March. During the winter moratorium, utilities are prohibited from terminating natural gas or
electric heating service for residential customers with children, elderly, or in firmed persons.
Second, ICAN proposes to amend Rule 308 concerning the postponement of service termination
for medical reasons. Existing Rule 308 provides that a utility shall postpone termination of
residential utility service for thirty (30) days upon receipt of a medical certificate stating that
disconnection would adversely affect the health of a person residing in that household. ICAN
proposes to extend the postponement depending upon the medical condition for a period not to
exceed six (6) months, and renewable for a cumulative period not to exceed twelve (12) months.
Third, ICAN proposes to amend Rule 304.01 to increase the number of days required in which
the utility must serve its initial notice of service termination to a customer from seven (7) days to
fourteen (14) days. ICAN also proposes to change Rule 304.02 dealing with a utility s final
notice of service termination. Rule 304.02 currently requires that the utility diligently attempt to
contact the affected customer either in person or by telephone at least twenty-four (24) hours
before the proposed date of service termination. ICAN proposes that there be at least two (2)
documented attempts to contact the affected customer at different periods of the day. Fourth
ICAN proposes to amend Rule 305 which discusses the contents of a utility s final notice to
terminate service. ICAN proposes that the termination notice include information on the winter
moratorium and that it contain the specific date and time of day that service will be disconnected.
ICAN also proposes that the final termination notice be published in English, Arabic, Farsi
Russian, Serbo-Croatian, Spanish, and any other language requested by at least twenty (20)
customers.
Fifth, existing Rule 311.01 prohibits the termination of utility service on Saturday, Sunday, a
legal holiday, or after 2 p.m. on any Friday or on any day immediately proceeding any legal
holiday. ICAN proposes that this rule be amended to prohibit disconnection on any Friday or
day proceeding a legal holiday. Sixth, Rule 701 provides that each utility make available to its
customers an annual summary of the Customer Relations Rules. ICAN proposes that Rule 701
be modified to provide that the annual summary be posted in the company s local office in both
English and Spanish. It further suggests that the annual summary be made available in the five
(5) other languages previously identified.
Finally, ICAN proposes that the Commission promulgate a new Rule 702 requiring utilities to
provide the annual summary of the customer rules and termination notices in the five (5) foreign
languages referenced above. ICAN also proposes that this rule require that each energy utility
inquire when service is initiated whether the customer would like to receive notices in a language
other than English.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS, OBTAINING COPIES: For assistance on technical questions concerning this
negotiated rulemaking contact Beverly Barker at [phone]. The Commission s Order No.
29573 containing the proposed rule changes may be viewed and copied at the Commission
web site www.puc.state.id.by clicking on "Laws and Rules" and then "31-2101-0402
Negotiated Rulemaking.Copies of the Commission s Order may also be obtained at the
Commission s offices or by calling the undersigned. ICAN's Petition for Rulemaking may be
viewed on the Commission s website by clicking on "File Room" then "Multi-Utility Cases.
The deadline for submitting written comments concerning the negotiated rulemaking will be
scheduled at a later date.
DATED at Boise, Idaho this J5J+- day of August 2004.
D. Jewell mmission Secretary
Ida 0 Public Utilities Commission
PO Box 83720
Boise, ill 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W. Washington
Boise, Idaho 83702-5983