20090925Decision Memo.pdf

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DECISION MEMORANDUM
TO: COMMSSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMSSION SECRETARY
COMMSSION STAFF
FROM:DON HOWELL
DEPUT ATTORNEY GENERA ~ L --() -() 9 -0 (
DATE: SEPTEMBER 25, 2009
SUBCT: AMENDMENT OF THE COMMISSION'S UTITY CUSTOMER
RELATIONS RULES (IAPA 31.21.01) AN TO REPEAL OF TH
COMMISSION'S UTILITY CUSTOMER INFORMATION RULES
(lDAPA 31.21.02), DOCKET NOS. 3l-i iei.. 1 AN 31-2102-0901
On Septeber 2,2009, the Commssion caused to be published in the Admistrtive
Bulletin two Notice of Proposed Rulemakings. In the fi rulemakng (Docket No. 31-2101-
0901), the Commission proposed to move the last thee substative rules from the Cusomer
Information Rules to the Customer Relations Rules. In paricular, the Commission proposes to
move Customer Information Rules 101, 103 and 104 to the Utility Customer Relations Rules.
The thee relocated rues are attched for your review.
According to the public notice in the Admistrtive Bulletin, comments on the
proposal to move the thee rues and then repeal the Utiity Customer Information Rules were
due no later th September 23, 2009. The Commssion received no comments regarding the
transfer and repeal. The Legislative Services Offce reports that the Senate and House
Subcommittee for Review of Administrative Rules did review the proposed changes. In a letter
dated September 10, 2009, Legislative Services report that no objections were made to the
proposed rues by the Subcommittees.
COMMSSION DECISION
Does the Commssion wish to adopt its proposal to transfer the thee rues to IDAP A
31.21.01 and to repeal the Utility Customer Information Rules found at IDAPA 31.21.02?
DECISION MEMORADUM
Does the Commission wish to propose its adoption of pending rule in the next
Administrtive Bulletin scheduled for publication on November 4, 2009?
Doe the Coission wish to submit thn:s to the 2010 Legislat?
,
Don Howell
Deputy Attorney General
blsI :31-21 01-090 i _Decision Memo _ dh2
DECISION MEMORADUM
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. 31-2101.0901
NOTICE OF RULEMAKING . PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that the Idaho Public
Utilties Commission has initiated proposed rulemaking procedures. This action is authorized pursuant to Section 61-
507, Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearng(s) concerning this rulemaking wil be scheduled if reuested in
writing by twenty-five (25) persons, a political subdivision, or an agency, not later than September 16,2009.
The hearing site wil be accessible to persons with disabilties. 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-tehnical explanation of the substace and purpose of the
proposed rulem aking:
The Commission proposes to relocate three (3) rules from IDAPA 31.21.02 to IDAPA 31.21.01. The rules to be
relocated ar:
i. IDAPA 31.21.02.101 to IDAPA 31.21.01.702;
2. IDAPA 31.21.02.103 to IDAPA 31.21.01.201.04; and
3. IDAPA 31.21.02. i 04 to IDAPA 31.21.01.208.
The Commission also proposes in Rule 31.21.01.201.04.b that water utilties with more than five thousad
(5,000) customers provide consumption data on each customer's bil comparing actual consumption in the currnt
billing period with the corrsponding biling period in the previous year. After the transfer of the rules is complete,
the Commission proposes to repeal IDAPA 31.21.02. Relocating these rules wil strmline the Commission's utilty
rules.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMPACT: There is no fiscal impact on the sta general fund resulting from this rulemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220, Idaho Code, negotiated rulemaking was not
conducted because of the natre of the proposed action.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For asistce
on technical questions concerning the proposed rule, contact Donald L. Howen, II, Deputy Attorney General, at (208)
334-0312.
Anyone may submit written comments regarding this proposed rulemaking. All writtn comments must be
directed to the Commission Secreta and must be delivered on or before September 23, 2009.
DATED at Boise, Idaho tlis 21st day of July, 2009.
Jean D. Jewell
Commission Secretar
Idaho Public Utilties Commission
POBox 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street addres for express delivery:
472 W Washington
Boise, Idaho 83702-5918
Idaho Administrative Bulleti Page 316 September 2, 2009- Vol. 09-9
IDAHO PUBLIC UTILIIES COMMMISSION
Customer Relations Rules for Gas, Electrc & Water Public Utlites
Docket No. 31-2101-0901
Proposed Rulemaking
THE FOLLOWING is TH PROPOSED TEXT FOR DOCKET NO. 31-2101-0901
IDAPA 31
TITLE 21
CHAPTER 01
31.21.01 - CUSTOMER RELATIONS RULES FOR GAS, ELECTRIC, AND WATERPUBLIC UTILITES RiIA7=Q BY TH/i I9AHQ PIlIG llT,,ln/iS GOMAfISSIQN
(TE UTILITY CUSTOMER RELATIONS RULES)
(BREAK IN CONTINUIT OF SECTIONS)
001. TITLE AND SCOPE (RULE 1).
The name of this chapter is "Customer Relations Rules for Gas, Elecric and Water Public Utilties Renttl by the
i'rk8 Pl;blie UHHties Ctmlfflisi8lt (the Utility Customer Relatons Rules)." This chapter has the following scope:
These rules provide a set of fair, just, reaonable, and non-discriminatory rules tt atfi l'el;""iit dtet qf
dÎ9gieemeltt bep,~eelt I;tiHHes find eltemel. wi,th regard to deposits, guartees, biling, application for service,
denial of service, termination of service and complaints to utilties. ~
(BREAK IN CONTINUIT OF SECTIONS)
201. ISSUANCE OF BILLS - CONTENTS OF BILLS (RULE 201).
Bils shall be issued on a regular basis. Bils must contan the following information:
01. The BiDing Date.
02. The Time Period Covered by the Bil.
(3-30-01)
(7-1-93)
(7-1-93)
03. Metered Service BiDing. Ifmetered service is the basis for biling, the beginning and ending meter
readings, where the bil is based on actal reings, or a clearly marked staement that the bil is estimated, if the
meter was not actually read, and the quantity of serice provided, when applicable. (7-1-93)
04. Bi Comparisoiw of Consumptn Data.G8'" PllÌ38ltS qi::el;1"M dttd th e, i8it e8llSltlpti8nt.il'helff'lfl;irebylD,4R4 31.2U:;2.193. ~
!b Each gas and electric utility shall compar on eah customer's regular biling the customer's actualconsumption of gas or electrcity with the customer's actual consumption of gas or electricity for the corrsponding
biling period in the previous year. If the biling periods being compared contain a different number of days the utility
shall adjust the data to tae into account the different length of the biling periods and show the comparson as anabsolute change in therm use or kilowat hour use per day. L-
!i Each water utility with more than five thousand (5,000) customer shall compar on eachcustomer's regular biling the customer's actual consumption of water with the customer's acual consumption of
water for the corresponding billing period in the previous year. The usage comparson shall be exprssed in gallons or
cubic feet based upon total consumption for each biling period or averge consumption per day during each bilingperiod. L-
Idaho Administrtive Bulleti Page 317 September 2, 2009 - VoL 09-9
IDAHO PUBLIC UTILITIES COMMMISSION
Customer Relations Rutes for Gas, Electric & Water Public Utlities Docket No. 31-2101.0901
Proposed Rulemaking
os.The Due Date of the Bil.(7-1-93)
06. Itemiztion of All Charges. An item ization of all charges, both recurring and nonrecurrng.
(7- i -93)
07.
08.
Any Amount Transferred From Another Account.
Any Amounts Past Due.
(7- i -93)
(7-1-93)
09. Payments or Credits. Any payments or credits applied to the customer's account since the last bil.
(7-1-93
10.The Total Amount Due.(7- 1 -93)
11. Address and Telephone Number. The mailing address and toll-fre telephone number(s) availableto customers in the service territory for answering billng inquiries. (3-30-01)
(BREAK IN CONTINUITY OF SECTIONS)
1M DEGREE-DAY INFQRM TION (RULE 208),Upon request. eah gas and electic utilty shall make degree-day adjusted da available to customer for
comparsons of the kind made in Rule 201.04. L-
208. -299.(RESERVED).
(BREAK IN CONTINUIT OF SECTIONS)
702. EXPLANATION OF RATE SCHEDULE (RULE 702).
Each gas. elecc, and water utility shall transmit annually to each of its customers and give to each new customer at
the time of initiation of service a clear and concise explanation of the existing rate schedule for the class of servicesselected by that customer. L-
7~.-999.(RESERVED).
Idaho Administratie Bulletin Page 318 September 2, 2009 - Vol. 09-9
IDAPA 31 . IDAHO PUBLIC UTILITIES COMMISSION
31.21.02 . INFORMATION TO CUSTOMERS OF GAS, ELECTRIC, AND WATER PUBLIC UTILITIES
DOCKET NO. 31-2102.0901 (CHAPTER REPEAL)
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that the Idaho Public
Utilties Commission proposes to repeal its Utilty Customer Information Rules. This action is authorized pursant to
Section 61-507, Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearng(s) concerning this rulemaking wil be scheduled if requested in
writing by twenty-five (25) persons, a political subdivision, or an agency, not later than September 16,2009.
The hearing site wil be accessible to persons with disabilties. Requests for accommodation must be made not
later than five (5) days prior to the heaing, to the Commission's addrs below.
DESCRIPTIE SUMMARY: The following is a concis explanatory sttement of the reasons for repealing the
chapter:
The trsfer of these rules is proposed in Docket NO.3 1-2101-0901. Aftr the trsfer of the rules is complete,
the Commission proposes to repeal IDAPA 31.21.02. Consolidating these rules wil stealine the Commission's
utilty rules.
FEE SUMMARY: There ar no fees associatd with this proposed rulemaking.
FISCAL IMPACT: There is no fiscl impac on the st genera fud resulting from this rulemaking.
NEGOTIATED RULEMAKING: Pursuat to Secton 67-5220, negotiatd rulemaking was not conducted because
of the nature of the proposed acon.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITIEN COMMENTS: For assistace
on technical questions concerning the rescission of these rules, conta Donald L. Howell, 11, 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 Sectary and must be delivered on or before September 23, 2009.
DATED this 21st day of July, 2009.
Jean D. Jewell
Commission Secretar
Idaho Public Utilties Commission
POBox 83720
Boise, ID 83720-0074
Telephone: [phone]
Facimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5918
IDAPA 31.1.2 IS BEING REPEALED IN ITS ENTIRETY
Idaho Adminisatie Bulletin Page 319 September 2, 2009 - Vol. 09-9