20070821Notice of 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)
RlJL-U- 07-0 ~DOCKET NO. 31-2101-0701
NOTICE OF RULEMAKING - PROPOSED RULE
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. This action
is authorized pursuant to Sections 61-503 and 61-507, Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than October 18 , 2007. 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 Commission s address below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance
and purpose ofthe proposed rulemaking:
The Commission is proposing several changes to clarify and refine the scope of some of its
Utility Customer Relations Rules. The Commission proposes to clarify Rule 105 that customers
and applicants may pay service deposits in two equal installments. Second, the Commission
proposes to amend its Rules 203 and 204 to clarify that customer refunds will be credited to
future bills unless the customer requests a refund. The Commission also proposes to limit the
time period a utility may rebill an undercharged customer to six (6) months unless a reasonable
person should have known of the inaccurate billing which resulted in the undercharge. Utilities
must implement procedures designed to identify customers who have been inaccurately billed.
Third, the Commission proposes to change Rules 300 and 600 by defining the term "written
notice" to include e-mail when the customer has elected to receive electronic billing. Fourth, the
Commission proposes to clarify and restructure its Rule 311 dealing with restrictions when
service may be denied or terminated and proposes to generally prohibit service termination on
Fridays with some exceptions. The Commission is also proposing to clarify that a utility is not
required to provide service to an applicant who is not connected at the time of application.
Finally, Rules 302 and 310 would provide that a utility is not required to connect service for a
customer or applicant who owes money on an existing account or a previous account if the
unpaid bill is for service provided within the last four (4) years.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMP ACT: There is no fiscal impact on the state general fund resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.811 , formal negotiated
rulemaking was not conducted because two (2) utility workshops were held in June and July to
address the general concepts supporting the possible revisions to these rules.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Beverly Barker, Consumer Assistance Supervisor, at [phone] or Donald L. Howell, II
Deputy Attorney General, at [phone].
Anyone may submit written comments regarding this proposed rulemaking. All written
comments must be directed to the Commission Secretary and must be delivered on or before
October 25, 2007. Persons desiring to comment are encouraged to submit written comments at
their earliest convenience rather than wait until the comment deadline.
DATED at Boise, Idaho this ;))51 day of August 2007.
~4- ~ tf,.Je . Jewell
Co mission 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 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)
AMOUNT OF DEPOSIT (RULE 105).
01. Amount of Deposit. A deposit allowed pursuant to Rule 101 as a condition of
service shall not exceed one-sixth (1/6) the amount of reasonably estimated billing for one year
105.
at rates then in effect. F or customers \vho use Where gas service is used for space heating
purposes only, the deposit shall not exceed the total of the two (2) highest months' bills during
the previous twelve (12) consecutive months, adjusted for currently effective rates. Deposit
amounts shall be based upon the use of service at the premises during the prior year or upon the
type and size of customer equipment using the utility s service.(5 3 03)(
02. Installment Payments of Deposit. The utility shall provide advise the applicant
an opportunity to payor customer that the deposit may be paid in two (2) installments. +fie
applicant shall be allovred to pay oOn half (112) of the deposit amount at the time of
application, shall be due immediately with the remaining installment payable in one (1) month.
(7 1 93)(
(BREAK IN CONTINUITY OF SECTIONS)
203. BILLING UNDER INAPPROPRIATE TARIFF SCHEDULE (RULE 203).
01. Rebilling Required. If a customer was billed under an inappropriate tariff
schedule, the utility shall recalculate the customer s past billings and correctly calculate future
billings based on the appropriate tariff schedule. A customer has been billed under an
inappropriate tariff schedule if: (7 -93)a. The customer was billed under a tariff schedule for which the customer was not
eligible; or (7-93)
b. The customer was billed under a tariff schedule based upon information supplied
by the customer but the customer s actual demand is insufficient to meet the minimum eligibility
requirements for the selected tariff schedule: or
The customer, who is eligible for billing under more than one (1) tariff schedule
was billed under a schedule contrary to the customer s election, or the election was based on
erroneous information provided by the utility. (7-93)
02.Exceptions. The utility shall not be required to adjust billings when it has acted in
good faith based upon available information or when the customer was given written notice of
options under the tariff schedules and did not make a timely election to exercise available
options.(7-93)
03. Rebilling Time Period When the customer has been overcharged +1he period for
wffieh rebilling under this rule is allo",/ed shall be that not exceed three (3) years as provided by
Section 61-642, Idaho Code, (three (3) years)When the customer has been undercharged, the
period for rebilling shall be limited to six (6) months unless a reasonable person should have
known of the inappropriate billing, in which case the rebilling period may be extended. Utilities
shall implement procedures designed to monitor and identify customers who may be billed underan inappropriate tariff schedule. (7 1 93)(
04. Refunds and Additional Payments. The utility shall promptly prepare a
corrected billing indicating the refund due the customer or the amount due the utility.
(7 1 93)(
A customer who has been underbHledcharged shall be given the opportunity to
make payment arrangements under Rule 313 on the amount due. At the customer s option, the
term of the payment arrangement may extend for the length of time that the underbillingcharge
accrued.
The utility shall promptly calculate refund amounts overpaid by the customer and
issue a credit on the customer s next bill. Any remaining credit balance may be unless the
customer consents to a credited against future bills, except overbillings not exceeding fifteen
dollars ($15) may be credited to future bills unless the customer after notice from the utility
requests a refund The utility shall advise the customer of the option to have any remaining
credit balance refunded to the customer.
204. INACCURATELY BILLED SERVICE UNDER CORRECT TARIFF SCHEDULE
-- FAILURE TO BILL FOR SERVICE (RULE 204).
01. Errors in Preparation -- Malfunctions -- Failure to Bill. Whenever the billing
for utility service was not accurately determined because for reasons such as a meter
malfunctioned or failed, bills were estimated metering equipment was incorrectly programmed
or bills were inaccurately prepared, the utility shall prepare a corrected billing. If the utility has
failed to bill a customer for service, the utility shall prepare a bill for the period during which no
bill was provided. (7 1 93)(
02. Rebillin2 Time Period CarreetioBs (7 1 93)(
If the time when the malfunction or error began or the time when the utility began
to fail to bill for service cannot be reasonably determined to have occurred within a specific
billing period, the corrected billings shall not exceed the most recent six (6) months before the
discovery of the malfunction~ ef error~ or failure to bill.
If the time when the malfunction or error or failure to bill began can be reasonably
determined and the utility determines the customer was overcharged, the corrected billings shall
go back to that time, but not to exceed three (3) years from the time the error or malfunction
occurred as provided by Section 61-642, Idaho Code, (three (3) years)
If the time when the malfunction or error can be reasonably determined and the
utility determines the customer was undercharged, the utility may rebill for a period of six (6)
months unless a reasonable person should have known of the inaccurate billing, in which case
the rebilling may be extended. Utilities shall implement procedures designed to monitor and
identify customers who have not been billed or who have been inaccurately billed
~ (
03. Refunds aDd L dditioDal Pa)'meBts The utility shall promptly prepare a
corrected billing indicating the refund due to the customer or the amount due the utility. The
utility shall promptly refund amounts overpaid by the customer and issue a credit on the
customer s next bill. Any remaining credit balance shall be unless the customer consents to a
credited against future bills, except overbillings not exeeeding fifteen dollars ($15) may be
eredit-ed to future bills unless the customer after notice from the utility requests a refund The
utility shall advise the customer of the option to have any remaining credit balance refunded to
the customer.(7 1 93)(
04. Additional Payments. The utility shall promptly prepare a corrected billing for
A~ customer who has been underbHledcharged or 'Nho has not been billed indicating the amount
owed to the utility. An unbilled or undercharged customer shall be given the opportunity to
make payment arrangements under Rule 313 on the amount due. At the customer s option, the
term of the payment arrangement may extend for the length of time that the underbilling accrued
or the customer was not billed.
(BREAK IN CONTINUITY OF SECTIONS)
300.FURTHER DEFINITIONS (RULE 300).
As used in Rules 301 through 313:(7-93)
01.Applicant. "Applicant" is restricted from its general definition to refer only to
applicants for residential or small commercial service, unless further restricted by the rule.
(7-93)
02.Customer. "Customer" is restricted from its general definition to refer only to
residential or small commercial customers, unless further restricted by the rule.
03.Non-Utility Service. "Non-utility service" means:
(7-93)
(7-93)
Service for which the Commission does not regulate rates, charges, or availability
of service;
Service for which no rate or charge is contained in the utility s tariffs; or
(7-93)
(7-93)
Merchandise or equipment or charges for merchandise or equipment not required
as a condition of receiving utility service.(7-93)
04.Written Notice. "Written notice" of the utility's intent to deny or terminate
service may be mailed or otherwise delivered to the applicant. resident, occupant or customer.
Written notice may be provided by electronic mail (i.e., e-mail) if the customer is billed
electronically and consents to electronic notification.
(BREAK IN CONTINUITY OF SECTIONS)
302. GROUNDS FOR DENIAL OR TERMINATION OF SERVICE WITH PRIOR
NOTICE (RULE 302).
A utility may deny or terminate service to a customer or applicant without the customer s or
applicant's permission, but only after adequate notice has been given in accordance with these
rules, for one (1) or more ofthe following reasons:(7-93)
01.Failure to Pay.With respect to undisputed past due bills the customer or
applicant:
Failed to pay;
Paid with a dishonored check; or
(3 - 20-04)
(3-20-04)
(3-20-04)
Made an electronic payment drawn on an account with insufficient funds. (3-20-04)
Failure to Make Security Deposit. The customer or applicant failed to make a02.
security deposit or make an installment payment on a deposit where it is required.(3-30-01)
03.Failure to Abide by Terms of Payment Arrangement.The customer or
applicant failed to abide by the terms of a payment arrangement.(3-30-01)
04. Identity Misrepresentation. The customer or applicant misrepresented the
customer s or applicant's identity for the purpose of obtaining utility service. (7-93)
05. Denial of Access to Meter. The customer or applicant denied or willfully
prevented the utility s access to the meter.(7-93)
06.Willful Waste of Service. The utility determines as prescribed by relevant State or
other applicable standards that the customer is willfully wasting service through Improper
equipment or otherwise.(7-93)
07.Service to Minors. The applicant or customer is a minor not competent to contract
as described in Sections 29-101 and 32-101 , Idaho Code.(3-20-04)
08.Previous Account Balance Owing. Nothing in this rule requires the utility to
connect service for a customer or applicant who owes money on an existing account or from a
previous account if the unpaid bill is for service provided within the past four (4) years
(3 20 01)(
(BREAK IN CONTINUITY OF SECTIONS)
310.INSUFFICIENT GROUNDS FOR TERMINATION OR DENIAL OF SERVICE
(RULE 310).
01. Termination of Service.No customer shall be given notice of termination of
service nor shall the customer s service be terminated if:(7 1 93)(
Ol!. Unpaid Bill Less Than Fifty Dollars.The customer s unpaid bill cited as grounds
for termination totals less than fifty dollars ($50) or two (2) months' charges for service
whichever is less.(7 1 93)(
~!!.
Unpaid Bill Not Customer The unpaid bill cited as grounds for termination is
for utility service to any other customer (unless that customer has a legal obligation to pay the
other customer s bill) or for any other class of service. (7 1 93)(
~!:.
Non Utility Service or Coods. l\n The unpaid bill results from the purchase of
non-utility goods or services.(7 1 93)(
d. The unpaid bill is for service provided four (4) or more years ago unless the
customer has promised in writing to payor made a payment on the bill within the last four (4)
years.
02. Denial of Service. No applicant shall be given notice of denial nor shall the
applicant be denied service if any of the criteria listed in Subsection 310.01.b. through 310.01.d.
311. RESTRICTIONS ON TERIVIINL TION OF SERVICE TIMES WHEN SERVICE
MA Y BE DENIED OR TERMINATED -- OPPORTUNITY TO AVOID TERMINATION
OF SERVICE (RULE 311).
01. When Denial or Termination Net Allowed of Service Is Prohibited Except as
authorized by Rule 303 or this rule,8~ervice provided to a customer, applicant, resident or
occupant shall not be denied or terminated~
a. eOn any Friday~ after 12 noon, or on Saturday, Sunday, legal holidays recognized
by the State of Idaho, or on any day immediately preceding any legal holiday,;
er--aAt any time when the utility is not open for business, except as authorized by
Rules 303.01 and 303.02.
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 unless authorized by court order.
02.Times When Service May Be Denied or Terminated.Service may be denied or
terminated~
At any time when there is a dangerous condition pursuant to Rule 303.01 or the
utility is ordered to do so pursuant to Rule 303.02:
b. Between the hours of 8 a.m. and 5 p.m., Monday through Thursday, for any reason
authorized by Rules 302 and 303:
c. Between the hours of 8 a.m. and 5 p.m. on Friday for illegal use of service pursuant
to Rule 303.03 or ifthe premises are unoccupied and service has been abandoned: or
etween the hours of 4~ p.m. and 9 p., Monday through Thursday, if the utility
is unable to gain access to the customer meter during normal business hours or for illegal use
of service pursuant to Rule 303.Unless otherwise authorized by this rule, Rules 303.01 and
303., or the affected customer in vrriting, service may be terminated only bet'.veen the hours of
8:00 a.m. and 1 :00 p.(1 11 06)(
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 denial or 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 is requested (5 3 03)(
o~~. Opportunity to Prevent Denial or Termination of Service. Immediately
preceding denial or termination of service, the employee designated to deny or 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 denied or 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
deny or terminate service. Nothing in this rule prevents a utility from proceeding with denial or
termination of service ifthe customer or other responsible adult is not on the premises at the time
of termination (5 3 03)(
04~. Notice of Procedure for Reconnecting Service. The utility employee ofthe utility
designated to deny or terminate service shall give to the customer or leave in a conspicuous
location at the affected service address affected a notice showing, the time of and grounds for
denial or 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 3 03)(
~.
Ne Termination "'hUe 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 102 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 1 93)
06.Applicant Without Service - Customer Requested Termination. Nothing
this rule prohibits a utility from denying service to an applicant who is not connected at the time
of the application for service or from terminating service at any time pursuant to a customer
request.
(BREAK IN CONTINUITY OF SECTIONS)
403. RECORD OF COMPLAINTS (RULE 403).
01. Recordkeeping. Each utility must keep a written record of complaints and requests
for conferences pursuant to Rules 401 and 402. These records must be retained for a minimum of
one (1) year at the office of the utility where the complaints were received or conferences held.
These written records are to be readily available upon request by the concerned customer, the
customer s agent possessing written authorization, or the Commission. The records must show
whether the customer or applicant was advised as required by Rule 401.0;2. that the customer or
applicant may request the Commission to review the utility s proposed disposition of the
complaint. (7 1 93)(
02. Reporting. Each utility must, at the Commission s request, submit a report to the
Commission that states and classifies the number of complaints made to the utility pursuant to
Rules 401 and 402, the general nature of their subject matter, how received (in person, by letter
etc.), and whether a Commission review was conducted.(7-93)
(BREAK IN CONTINUITY OF SECTIONS)
600.DEFINITIONS (RULE 600).
As used in Rules 601 through 605.(7-93)
01. Advance Payment. "Advance payment" means a payment made prior to receiving
service that will be credited to the customer s account at a later date. (7-93)
02.Applicant. "Applicant" means an applicant for industrial, large commercial or
irrigation service.(7-93)
03.Customer. "Customer" means an industrial, large commercial or irrigation
customer, unless further restricted by the rule. The Commission will maintain on file a list
which customer classes of a given utility are industrial , large commercial, and irrigation. (7-93)
04.Deposit. "Deposit" means any payment held as security for future payment or
performance that is reimbursable.(7-93)
05.Written Notice. "Written notice" of the utility's intent to deny or terminate
service may be mailed or otherwise delivered to the applicant, occupant or customer. Written
notice may be provided by electronic mail (i.e., e-mail) if the customer is billed electronically
and consents to electronic notification.