20071105Adoption of 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. 31-2101-0701 R()L-U-Ory-
NOTICE OF RULEMAKING - ADOPTION OF PENDING RULE
EFFECTIVE DATE: This rule has been adopted by the Public Utilities Commission and is now
pending review by the 2008 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
Public Utilities Commission has adopted a pending rule. The action is authorized pursuant to
Sections 61-503 and 61-507, 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 text to Rules 105, 302 , and 403 as pending rules. The
text of pending Rules 203, 204, 300, 310, 311 and 600 has been amended in accordance with
Section 67-5227, Idaho Code. Only those sections that have changes that differ from the
proposed text are printed in this Bulletin. The complete text of all the proposed rules was
published in the October 3, 2007 Idaho Administrative Bulletin, Vol. 07-, pages 229-235.
Based upon comments received, the Commission has clarified the proposed changes to Rules
203.03 and 204.02.c. to reflect that in some instances a customer underbilled for utility service
may be rebilled for a period not to exceed three (3) years. The Commission also clarifies the
proposed change to Rule 204.01 based upon filed comments. The Commission also amends the
proposed changes to Rules 300.04 and 600.05 to reflect that customers must affirmatively "opt-
" to receiving electronic utility notifications via e-mail. These changes allow customers to
choose electronic billing but still receive important service notices in writing. Based upon
comments received, the Commission decided to restructure and clarify the proposed changes to
Rules 310 and 311. Parts of proposed Rule 311.01 are moved to 310.01. Finally, the
Commission deletes the words "denied or" from Rule 311 as suggested in comments.
FISCAL IMP ACT: The following is a specific description, if applicable, of any negative fiscal
impact on the state general fund greater than ten thousand dollars ($10 000) during fiscal year:
N/A
ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions
concerning this pending rule, contact Beverly Barker, Consumer Assistance Supervisor, at (208)
334-0302 or Donald L. Howell, II, Deputy Attorney General, at [phone].
DATED this -;J..
rJ.. day of November 2007.
~ill
Jea D. Jewell 'Co ission 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 REGULATED BY THE IDAHO PUBLIC UTILITIES
COMMISSION (THE UTILITY CUSTOMER RELATIONS RULES)
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
b~ 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,+!he period for
wfti.eh rebilling under this rule is allowed 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 for a
period not to exceed three (3) years. Utilities shall implement procedures designed to monitor
and identify customers who may be billed under an 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
unless the customer consents to a and issue a credit on the customer s next bill. Any remaining
credit balance may be 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 installed or
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. CorreetioBs Rebilling Time Perioda. 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.
b. If the time when the malfunction~ ef 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)(7 1 93)(
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 for a period not to exceed three (3) years.Utilities shall
implement procedures designed to monitor and identify customers who have not been billed or
who have been inaccurately billed.
03. Refunds and A,dditional Payments The utility shall promptly prepare a
corrected billing indicating the refund due to the customer or the amount due the utility. i...,
customer \vho has been underbilled or v/ho has not been billed 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 '.vas not billed. The utility shall promptly refund amounts overpaid by the
customer unless the customer consents to a and issue a credit on the customer s next bill. Any
remaining credit balance shall be 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.(7 1 93)(
04. Additional Payments. The utility shall promptly prepare a corrected billing for a
customer who has been undercharged 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
Service for which no rate or charge is contained in the utility s tariffs; or
(7-93)
(7-93)
of service;
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 separately consents in writing to "opt-" to receiving electronic notification.
(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)(
M,;!. 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
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)(
OJf. Non Utility Serviee or Coods. An The unpaid bill results from the purchase of
non-utility goods or services.(7 1 93)(
The unpaid bill is for service provided four (4) or more years ago unless the
customer or applicant has promised in writing to payor made a payment on the bill within the
last four (4) years.
The customer fails to pay amounts in dispute while a complaint filed pursuant to
Rule 402 is pending before this Commission.
1::A case placing at issue payment of disputed amounts for utility service is pending
before a court in the state of Idaho unless authorized by court order.
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.f.
apply to the unpaid bill cited as grounds for denial of service.
311. RESTRICTIONS ON TERMINATION OF SERVICE TIMES WHEN SERVICE
MAY BE TERMINATED -- OPPORTUNITY TO AVOID TERMINATION OF SERVICE
(RULE 311).
01. When Termination Not ,llowed of Service Is Prohibited Except as authorized
by Rule 303 or this rule,S~ervice provided to a customer, applicant, resident or occupant shall
not be terminated~
!h n 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.,; or
eF-aAt any time when the utility is not open for business, except as authorized by
02. Times When Service May Be Terminated.Service may be terminated~
Rules 303.01 and 303.
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:
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 42 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 othenl'ise authorized by this rule , Rules 303.01 and
303., or the affected customer in writing, service may be terminated only bet'.veen the hours
8:00 a.m. and 1 :00 p.(1 11 06)(
O~J. 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 s conditions are
satisfied and the customer requests reconnection is requested (5 3 03)(
OJ1. 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 3 03)(
04~. Notice of Procedure for Reconnecting Service. The utility employee of the utility
designated to 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 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)(
()5.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 amOlHlts in
dispute v/hile a complaint filed pursuant to Rule 102 is pending before this Commission or '.vhile
a case placing at issue payment for utility service is pending before a court in the state of Idaho.
(7 1 93)
06.Customer Requested Termination. Nothing in this rule prohibits a utility from
terminating service at any time pursuant to a customer s request.
(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 separately consents in writing to "opt-" to receiving electronic notification.