20071025Comments.pdf

RECE!"
DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 3366
20U7 OCT 21.; PH it:
IDAHO fJUBL!C
UTiliTIES COf\1ii1!SSIOj-J
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983 ((01- - U art -o~
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE AMENDMENTS TO
THE COMMISSION'S UTILITY CUSTOMER
RELATIONS RULES, IDAP A 31.21.01.000 ET SEQ. DOCKET NO. 31-2101-0701
COMMENTS OF THE
COMMISSION STAFF
The Staff of the Idaho Public Utilities Commission, by and through its Attorney of
record, Donald L. Howell, II, Deputy Attorney General, submits the following comments in
support of the rule changes proposed in the Commission s Notice of Rulemaking issued in the
Administrative Bulletin on October 3 , 2007.
BACKGROUND
Staff held workshops with the major utilities on June 5 and July 10, 2007 , to address
several topics, including possible changes to the Utility Customer Relations Rules (UCRR). In
addition to Staff, representatives of Avista, Idaho Power, Intermountain Gas, Rocky Mountain
Power, and United Water were in attendance at both workshops. Participants discussed the
general concepts behind possible revisions to the UCRR. After considering comments made at
the workshops, Staff drafted several amendments for the Commission s review.The
Commission subsequently proposed to amend its Customer Relations Rules 105 , 203, 204, 300
STAFF COMMENTS
302, 310, 311 , 403 and 600. Rule 403 is revised to correct a reference; all other changes are
substantive or meant to clarify existing rules.
STAFF ANALYSIS AND COMMENT
Staff supports the Commission s proposed changes to its Utility Customer Relations
Rules for the reasons more fully articulated below. The Notice containing the proposed changes
is attached.
Proposed Changes to Rule 105
When necessary, utilities collect deposits from both customers and applicants for new
servIce. The changes proposed to Rule 105.01 clarify that the formula used to determine the
amount of a deposit applies to both customers and applicants.
Rule 105.02's revision provides the option for both customers and applicants to pay a
deposit in two installments. As rates increase, deposit amounts grow larger. Customers who
have had difficulty paying their bills and end up being disconnected may be faced with the need
to pay both the amount past due as well as a large deposit before service can be restored. The
installment payment option eases affected customers' immediate financial burden and decreases
the likelihood that deposits will be a barrier to having service reconnected.
Finally, changes to Rule 105.02 clarify that utilities have the duty to advise
customers and applicants of the option to pay a deposit in installments. Unfortunately, at least
one utility has not been diligent in advising customers of the availability of this option. Staff
believes it does little good to provide a payment option if those affected are not advised of its
existence at the time a deposit is requested.
Proposed Changes to Rules 203 and 204
If a customer is due a refund from the utility, the proposed changes to both of these
rules would allow refunds to be applied to future bills. This addresses cash flow issues of having
to pay large refunds when the customer may wish (and the utility may prefer) to apply the refund
to future bills. Utilities must advise an affected customer of the option to have any remaining
credit balance sent to him or her. This provision is similar to what is now done with respect to
deposit refunds.
The Commission Staff rarely receIves complaints regarding billing under an
inappropriate tariff schedule (addressed by Rule 203). However, complaints regarding
inaccurately billed service or failure to bill (addressed by Rule 204) are more common.
STAFF COMMENTS
Inaccurately billed service can result from misread meters, errors in bill preparation, failure to
reconcile billing records with actual metering equipment installed at the customer s premises
metering equipment failures, or cross-metering in multi-tenant buildings. Equipment failures are
the most problematic, since actual usage is unknown and therefore must be estimated. Staff
believes that the proposed revisions to Rules 203 and 204 comply with existing law and provide
utilities with the appropriate incentives to provide customers with accurate and timely billing for
service rendered.
Proposed Changes to Rules 300 and 600
Electronic billing (via e-mail) is growing in popularity, and some customers prefer to
conduct as much business as possible electronically. The proposed changes expand the
definition of "written notice" to allow utilities to provide denial or termination notices by
electronic mail only if the customer is billed electronically and consents to electronic
notification. Utilities are not required to offer this option, and customers, even those who are
electronically billed, are not required to select this option.
Proposed Changes to Rule 302
The proposed revision clarifies the time period when a utility can deny or disconnect
service for an unpaid bill. Historically, Staff has taken the position that bills four (4) or more
years old should not be used as grounds for denying or disconnecting service. Until recently,
Staff was under the impression that utilities were in general agreement with the four (4) year
limit. Recent disagreements with one utility, however, support clarification of the time period.
The Utility Customer Relations Rules should encourage utilities to pursue collection
of unpaid past due bills expeditiously. It is important to remember, however, that prior bills may
remain unpaid for a variety of reasons, including a dispute over responsibility for payment due to
a change in marital status or disagreement among roommates, lack of knowledge on the part of
the person whose name was used without authorization to establish service (identity theft), or
failure to receive a final bill after disconnection of service due to mail delivery problems. Lack
of payment does not necessarily mean that a customer or applicant has knowingly avoided
payment of a debt. When a complaint is filed with the Commission regarding an unpaid prior
bill, the Staff must determine whether the utility s records are correct with respect to both billing
and payment history. The older the bill in question, the harder this process becomes.
STAFF COMMENTS
The proposed change to Rule 302 is consistent with the policy reflected in Rule 101
where the Commission previously determined that an applicant with a prior bill that is four (4) or
more years old cannot be required to pay a deposit based solely on the existence of that prior bill.
A prior bill older than four (4) years is not considered to be a reliable basis for determining
current credit risk. The passage of time calls into question the accuracy of account records and
recollection of what transpired at the time a bill was incurred. The older the bill , the less likely it
is that a customer retained copies of bills or proof of payment.
In addition, Idaho law specifies the time after which debts cannot be collected
through litigation to avoid the inherent complications and imprecision of determining liability for
old debt. Idaho Code 9 5-217. Debts on oral contracts cannot be pursued four (4) years or more
after the date of last activity on the account. Most requests for utility service are made over the
telephone. Placing a certain time limit encourages creditors to pursue collection in a timely
manner. It is reasonable to follow a similar course of action with respect to denial or
disconnection of utility service for a prior bill four (4) or more years old. The Commission Staff
faces the same difficulties experienced by the Court when trying to resolve aging billing
disputes. Under either scenario, utilities may pursue collection of old prior bills but may not
threaten to deny or disconnect service.
Proposed Changes to Rule 310
The Commission proposes to clarify this rule and add that a customer may not be
disconnected for an unpaid bill that is older than four (4) years. Staff supports this change for
the same reasons articulated above with respect to Rule 302.
In circumstances where an applicant already occupies a premise that is connected and
reCeIVIng service, a utility that "denies" service in fact will be disconnecting that service.
Service could be connected at the time a new occupant moves in and applies for service for a
variety of reasons, including situations covered under landlord-tenant agreements wherein utility
service is left on in the property owner s name in between tenants. If service is not connected at
the time of application
, "
denial" would be accomplished by refusing to connect service. With
the exception of unpaid bills owing at the time of application for service, Staff supports the
concept that the restrictions contained in Rule 310 should apply to both applicants and
customers.
STAFF COMMENTS
Proposed Changes to Rule 311
As proposed, Rule 311.01 would prohibit denial or disconnection all day on Friday,
except for certain circumstances, i.e., where there is illegal use of service or the premises are
unoccupied and service has been abandoned by the previous customer. Currently, denial or
disconnection for any permissible reason is allowed until noon on Fridays. Customers who are
disconnected on Friday are placed at a disadvantage, having less opportunity to make the
financial arrangements necessary to pay a bill and have service reconnected before the weekend.
Although customers receive several notices before service is disconnected, the unfortunate
reality is that some simply are not able to pay prior to the time service is disconnected. If service
is reconnected after business hours or on weekends, the affected customer must pay a higher
reconnection fee, adding to his or her financial burden. If disconnection on Fridays
discontinued, customers who are disconnected on Thursday will have the opportunity to avoid
paying higher fees by requesting reconnection during normal working hours on Friday.
In addition, there was considerable support expressed in a previous rulemaking for
prohibiting disconnection all day on Fridays by the Idaho Community Action Network and
members of the public in both public testimony and written comments filed with the
Commission.
To balance the general "no disconnection on Friday" provision, Staff supports the
Commission s proposal to expand by one hour the time period during which denial or
disconnection can take place, with the deadline changed from 4 p.m. to 5 p.m. This provides
utilities a full day, 8 a.m. to 5 p., Monday through Thursday, to perform disconnections for
any permissible reason. The rule also provides a full day on Friday to perform disconnections if
there is illegal use of service or where the premises are unoccupied and service has been
abandoned. This change allows utilities more hours in a workweek to perform disconnections
than allowed under the existing rules, where disconnection for only a half day on Friday is
allowed. Staff does not believe this change will impose a significant hardship on customers.
Customers still will have the opportunity to make financial arrangements and have service
reconnected either on the same day or the next day without having to pay a higher after-hours
reconnection fee.
Rule 311.02( d) would allow denial or disconnection from 5 p.m. to 9 p., Monday
through Thursday, if the utility is unable to gain access to the meter during normal business
STAFF COMMENTS
hours or for illegal use of service. This provides more flexibility to utilities in scheduling
disconnections that may require the assistance of law enforcement personnel. It also increases
the likelihood that the utility will find someone at the premises, which, in some circumstances
may allow the occupant a final opportunity to avoid disconnection.
Finally, the proposed revisions to Rule 311 will clarify that the restrictions on when
service may be denied or disconnected apply to both denial or termination of service. Staff
supports this change for the same reasons articulated above with respect to Rule 310.
~J,..
Respectfully submitted this Z 7 day of October 2007.
Donald L. Ho ell, II
Deputy Attorney General
N:31-2101-0701 Staff Comments bab dh
STAFF COMMENTS
IDAPA 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
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 17 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 of the
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
p\::rson 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 3 11 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 3 I 0 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. N/A
FISCAL IMPACT: There is no fiscal impact on the state general fund resulting from this rulemaking. N/A
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04. 11.01.81 I , 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 (208) 334-03 I 2.
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 24, 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 24th day of August, 2007.
Idaho Administrative Bulletin Page 229 October 3, 2007 - Vol. 07-
ATTACHMENT
STAFF COMMENTS
DOCKET NO. 31-2101-0701
IDAHO PUBLIC UTILITIES COMMISSION.
The Utility Customer Relations Rules
Docket No. 31-2101-0701
Proposed Rule
Jean D. Jewell
Commission 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
THE FOLLOWING IS THE TEXT OF DOCKET NO. 31-2101-0701
105.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 ill year at rates then in effect. Fef
eusteme;'s ;~.;w 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 elisto;ncr J equipment using the utility s service. (5 3 03)L--J
02. Installment Payments of Deposit. The utility shall fJffW'ltk advise the applicant fin eppo;"tu,'jity te
fJffY or customer that the deposit may be paid in two (2) installments. The flfJp!ieant sha!t be affeH'ed to pay Qne-half
(1/2) of the deposit amount at the time of appliefitien shall be due immediately with the remaining installment
payable in one (1) month, (7 93)L--J
(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 custom~r 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)
The customer was billed under a tariff schedule for which the customer was not eligible; or
(7-93)
!!:.
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 L--J
bf;.. The customer, who is eligible for billing under more than one (I) tariff schedule, was billed under a
schedule contrary to the customer s election, or the election was based on erroneous information provided by theutility. (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.1'lhe period for whieh rebilling
/;InriG;' this ,ufe is aU awed shall be--1he/ not exceed three (3) years as provided by Section 61-642, Idaho Code (fhfee
Idaho Administrative Bulletin Page 230 October 3, 2007 - Vol. 07-
IDAHO PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0701
Proposed Rule
(3) )'ca;"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 mav be billed underan inappropriate tariff schedule. (7 93)L-J
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. L-J
.!!.:. A customer who has been underbilkd charged shall be given the opportunity to make payment
atTangements 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 underbi-l-lfflg charge accrued, L-J
!!.
The utility shall promptly calculate refund amounts overpaid by the customer unless the CCistomer
consents ta tl and issue a credit on the customer s next bill. Any remaining credit balance may be credit against
future bills excc-pt ol'erhi/lings ;101 exceeding fifteen dG/!tlrs ($15) I'/U:lY be credited ta future bi!!s 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)L-J
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 beetntse- 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 93)L-J
02.C8FreetiBlls Rebillinl! Time Period L-J
.!!.:.
Ifthe 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. & error. or failure to bill. L-J
!!.
If the time when the malfunction. &- 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)L-J
f:. If the time when the malfunction or error can be reasonably determined and the utility determ ines
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.L-J
03. Refunds il.'ld ,1,Miti8;lal .%yme.rts.The utility shall promptly prepare a corrected billing
indicating the refund due to the customer Gr the tll1!13U;,t due the utility, CI;sta;1ier -,ha has beel! undcrhi!!ed
$' -
fha
has ;1I3t been bil!-cd sha!! be give;, the epportunity ta mak-c payment arrangements unde;' Rule an the a,'lWUi1t due.
At the eustamer &ptio.... the term a/the payment arrangeme."lt may exte."Id/or the length a/time that the underbi!!ing
accrued or the eustolner was !1Ot bi!!ed, The utility shaff promptly refimd amaunts o.,'Ctpaid by the Gustalne;' unless
the eustalne;" eonse,"Its ta a and issue a credit on the customer s next bill. Anv remaining credit balance shall be
credit against future bills except a'lerbillings ;,8t exceeding fifteen del!a;'($15) may be e;'cdited t3 futu;"e bills
unless the customer, after notice from the utility, requests a refund. The utility shall advise the customer of the optionto have any remaining credit balance refunded to the customer, (7 93)L-J
04. Additional Pavments. The utility shall promptlv 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,
Idaho Administrative Bulletin Page 231 October 3, 2007 - Vol. 07-
IDAHO PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0701
Proposed Rule
the term of the payment arrangement mav extend for the length of time that the underbilling accrued or the customer
was not billed.L-l
(BREAK IN CONTINUITY OF SECTIONS)
300. FURTHER DEFINITIONS (RULE 300).
As used in Rules 30 I through 3 I (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- I -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. (7-93)
03.Non-Utility Service, "Non-utility service" means:(7-93)
Service for which the Commission does not regulate rates, charges, or availability of service;
(7-93)
Service for which no rate or charge is contained in the utility s tariffs; or (7-93)c. Merchandise or equipment or charges for merchandise or equipment not required as a condition ofreceiv ing utility service. (7 - I -93)
04. Written Notice. "Written notice" of the utility's intent to deny or terminate service mav 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.L-l
(BREAK IN CONTINUITY OF SECTIONS)
GROUNDS FOR DENIAL OR TERMINATION OF SERVICE WITH PRIOR NOTICE (RULE302.
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 (I) or more of the followingreasons: (7-93)
01.Failure to Pay. With respect to undisputed past due bills the cu stomer or applicant:(3-20-04)
(3-20-04)Failed to pay;
Made an electronic payment drawn on an account with insufficient funds.
(3-20-04)
(3-20-04)
Paid with a dishonored check; or
02. Failure to Make Security Deposit. The customer or applicant failed to make a 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 abideby the terms ofa 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)
Idaho Administrative Bulletin Page 232 October 3, 2007 - Vol. 07-
IDAHO PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0701
Proposed Rule
05. Denial of Access to Meter, The customer or applicant denied or willfully prevented the utilityaccess to the meter. (7 - 1-93)
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 forservice provided within the past four (4) years (3 2() OI)L-.J
(BREAK IN CONTINUITY OF SECTIONS)
310.INSUFFICIENT GROUNDS FOR TERMINATION OR DENIAL OF SERVICE (RULE 310).
01. Term ination of Service.No customer shall be given notice of term ination of service nor shall the
customer s service be terminated if: (7 I 93)L-.J
lJ.l.a. U:tpaid Bill Less nil,! Fifty DBlla:'s.The customer s unpaid bill cited as grounds for termination
totals less than fifty dollars ($50) or two (2) months' charges for service , whichever is less. (7 I 93)L-.J
IJ:J!!.. U:!fJuid Bill 1\'-8t CNstBme,The unpaid bill cited as grounds for termination is for utility service
to any other customer (unless that customer has a legal obligation to pay the other customer s bill) or for any other
class of service. (7 I 93)L-.J
(Bf.
serv ices.
1\'-8:! Utility &.iiee B' CB8tiS. An The unpaid bill results from the purchase of non-utility goods or
(7 93)L-.J
!h The unpaid bill is for service provided four (4) or more veal'S ago unless the customer has promised
in writing to payor made a payment on the bill within the last four (4) years.L-.J
02. Denial of Service. No applicant shall be given notice of denial nor shall the applicant be denied
service if any of the criteria listed in Subsection 31O.0Lb. through 31G.OLd. apply.L-.J
311. RESTRICT!OIVS 01'.' TERMIl\~1TlOi\' OP SERVICE TIMES WHEN SERVICE MAYBE DENIED
OR TERMINATED -- OPPORTUNITY TO AVOID TERMINATION OF SERVICE (RULE 311).
01. When Denial or Termination NBt ,1118wd of Service Is Prohibited Except as authorized by
Rule 303 or this rule.$~ervice provided to a customer. applicant. resident or occupant shall not be denied orterminated~ L-.J
eQn any Friday, after 12 noan, ar an Saturday, Sunday, legal holidays recognized by the state of
Idaho, or on any day immediately preceding any legal holiday.~ et' L-.J
eAt any time when the utility is not open for business except as authari:::ed by Rufes 303,01 tmdL-.J
f.:. For failure to pay amounts in dispute while a complaint filed pursuant to Rule 402 is pending
before this Commission: or L-.J
While a case placing at issue payment for utilitY service is pending before a court in the state of
Idaho Administrative Bulletin Page 233 October 3, 2007 - Vol. 07-
IDAHO PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0701
Proposed Rule
Idaho unless authorized by court order L-J
02.Times When Service Mav Be Denied or Terminated.Service may be denied or terminated~L-J
.!!.:.
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:L-J
!h Between the hours of 8 a.m. and 5 p.m.. Monday through Thursday, for anv reason authorized by
Rules 302 and 303:L-J
!::.
Between the hours of 8 a.m. and 5 p.m. on Friday for illegal use of service pursuant to Rule 303.
or if the premises are unoccupied and service has been abandoned: or L-J!h bfietween the hours of 42 p.m. and 9 p., Monday through Thursday, if the utility is unable to gain
access to the cuslamc:' s meter during normal business hours or for illegal'use of service pursuant to Rule 303.
Unless olhe:...~'ise aulhori::ed by this rule, Rules 303.01 and 303., or Ihc affecled cuslaHie,~ in writing. service may
bc Icrmina/ed only be:'cen Ihe hours of 8. 00 I11, "md f:OO 13,111. (1 11 06)L-J
O:JJ,. Personnel to Authorize Reconnection. Each utility shall have personnel available after Ihc lime of
Icrmina:ian 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 s conditions are satisfied and Ihe cuslomc:' rcquesls reconnection is requested
(5 3 03)L-J
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 if the customer or other responsible adult is not on the premises
allhe time o/,:crminalian (5 3 03)L-J
04~. Notice of Procedure for Reconnecting Service. The utility employee of :he ulilily designated to
deny or terminate service shall give to the customer or leave in a conspicuous location at the affected service address
affeeied 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)L-J
,1\'6 Fc.~mi.Ultiall W.lIile Camplatllt PC.Uti:If!;. EXCef3l as au:hsri::ed by onkr oflhe Commissian or of
Ihe Jwiicia;); scrvicc shall nal hc Icrmi:wlcdf8:'failure 10 pay amounts in dispulc 'rhilc a col'nf3lainljiled pursuanlla
Rule 102 is pcnding bcie;'e this Commission 01' while a case placing al issuc paymenl fe:' ulili/y :len'iee is pcnding
hc/erc a eeurt inlhc stalc 0/ Maho,
06. Applicant Without Service - Customer ReQuested Termination. Nothing in 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 anv time pursuant to a customer s request.L-J
(BREAK IN CONTINUITY OF SECTIONS)
403.RECORD OF COMPLAINTS (RULE 403).
Idaho Administrative Bulletin Page 234 October 3, 2007 - Vol. 07-
IDAHO PUBLIC UTILITIES COMMiSsioN
The Utility Customer Relations Rules
Docket No. 31-2101-0701
Proposed Rule
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 (I) year at the otftce 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 40I.O~2. that the customer or
applicant may request the Commission to review the utility s proposed disposition of the complaint. (7 93)L-J.
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 60 I 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 of which customer classes of a given utility are
industrial, large commercial, and irrigation. (7- I -93)
04.
reimbursable.
Deposit. "Deposit" means any payment held as security for future payment or performance that is
(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,L-J.
Idaho Administrative Bulletin Page 235 October 3, 2007 - Vol. 07-