20090925Decision Memo.pdf

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DECISION MEMORANDUM
TO: COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DEPUT ATTORNEY GENERAL rZuL - 0 -ó9 -Ó~
DATE: SEPTEMBER 25, 2009
SUBJCT: AMENDMENT OF THE COMMISSION'S UTLITY CUSTOMER
RELATIONS RULES (IDAPA 31.21.01) AND TO REPEAL OF THE
COMMISSION'S UTILITY CUSTOMER INFORMATION RULES
(IDAPA 31.21.02), DOCKET NOS. 31-2101-6901 ANDlil4ei-8i
On September 2,2009, the Commission caused to be published in the Administtive
Bulletin two Notice of Proposed Rulemakings. In the fit rulemaking (Docket No. 31-2101-
0901), the Commission proposed to move the las thee substative rules from the Cusomer
Information Rules to the Customer Relations Rules. In parcular, the Commission proposes to
move Customer Information Rules 101, l03 and 104 to the Utilty Customer Relations Rules.
The thee relocated rues are attached for your review.
According to the public notice in the Admnistrative Bulletin, comments on the
proposal to move the thee rules and then repeal the Utilty Customer Information Rules were
due no later than September 23, 2009. The Commssion received no comments regarding the
transfer and repeal. The Legislative Services Office 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 rules by the Subcommittees.
COMMISSION DECISION
Does the Commission wish to adopt its proposal to transfer the thee rues to IDAPA
31.21.01 and to repeal the Utilty Customer Information Rules found at IDAPA 31.21.02?
DECISION MEMORADUM
Does the Commission wish to propose its adoption of pending rue in the next
Administrtive Bulletin scheduled for publication on November 4, 2009?
Dos th Cossion wish to subt tJLes to th 2010 Legislat?
Do~Howeii
Deputy Attorney General
blsI:3 i -2 i 0 i -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 UTILITES
REGULA TED 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 hearing(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 hearing, to the Commission's addres below.
DESCRIPTIVE SUMMARY: The following is a non-tehnical explanation of the substance and purpose of the
proposed rulemaking:
The Commission propose to relocate three (3) rules from IDAPA 31.21.02 to IDAPA 31.21.01. The rules to be
relocated are:
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 31.21.02.104 to IDAPA 31.21.01.208.
The Commission also proposes in Rule 31.21.0L.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
biling perod with the corresponding biling period in the previous year. After the transfer of the rules is complete,
the Commission propose to repeal IDAPA 31.21.02. Relocating these rules wil stramline 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 frm this rulemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220, Idaho Code, negotiated rulemaking was not
conducted because of the nature of the proposed action.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistace
on technical questions concerning the proposed rule, contact Donald L. Howell, 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 this 21st day of July, 2009.
Jean D. Jewell
Commission Secretar
Idaho Public Utilties Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5918
Idaho Administratie Bulletin Page 316 September 2, 2009 - Vol. 09-9
IDAHO PUBLIC UTILIIES COMMMISSION
Customer Relations Rules for Gas, Eltrc & Water Publi Utlities
Docket No. 31-2101-0901
Proposed Rulemaking
THE FOLLOWING is THE PROPOSED TEXT FOR DOCKET NO. 31-2101-0901
IDAPA 31
TITLE 21
CHAPTER 01
31.21.01 . CUSTOMER RELATIONS RULES FOR GAS, ELECTRIC, AND WATER
PUBLIC UTILITIES RlWiT.9 BY THli19AHQ prlØli.ts &lTI,"IJ"I1i SQMAfISSIQN
(THE 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 Regulafet/ by the
ldah8 ,alihUe r¿HJiH~ C811"IÍ5si811 (the Utilty Customer Relations Rules)." This chapter has the following scope:
These rules provide a set of fair, just, reasonable, and non-discrim inatory rules t8 addJ ,eelll'l'iltg _s 8f
di5dg¡eement bep,~een lIii¡'H~ anti elt8mel'. with regar to deposits, guatees, 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 contain the following information:
01. The Biling Date.
02. The Time Period Covered by the BilL.
(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 acual reings, or a clearly marked staement that the bill is estimated, if the
meter was not acally read, and the quantity of serice provided, when applicable. (7-1-93)
04. Bi ComparisoM of Consumptin Data.G8m pfj Í561ts tl.lef;llt aiitip. e.i8l1 €811SltlpH6Ni,.iheii l'elJIIÍl,(:ti by ,r.¡;MPA 31.21.12. un. ~
a. Each gas and electric utility shall compar on each customer's regular biling the customer's actualconsumption of ga or electrcity with the customer's acual consumption of gas or electricity for the corresponding
bjling period in the previous yea. If the bjling Ileriods being compared contain a differet number of days. the utj!ty
shall adjust the data to tae into account the different length of the billng periods and show the comparson as an
absolute change in therm use or kilowat hour use per day. L.
b: Each water utility with more than five thousad (5,000) customer shall compar on eachcustomer's regular biling the customer's actual consumption of water with the customer's actual consummion of
water for the corrsponding biling period in the preious year The usage coparson shall be expressed in gallons or
cubic feet based upon total consumption for each biling period or averge consumption per day during each bilingperiod. L.
Idaho Administrtive Bulletin Page 317 September 2,2009 - Vol. 09-9
.
IDAHO PUBLIC UTILITIES COMMMISSION
Customer Relations Rules for Gas, Electrc & Water Public Utlities Docket No. 31.2101.0901
Proposed Rulemaking
05.The Due Date ofthe Bil.(7-1-93)
06. Itemiztion of All Charges. An itemization of all charges, both recuring and nonrecurrng.
(7.).93)
07.
08.
Any Amount Trnsferred From Another Account.
Any Amounts Past Due.
(7-1-93)
(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-free telephone number(s) availableto customers in the service territory for answering billng inquiries. (3-30-01)
(BREAK IN CONTINUITY OF SECTIONS)
& DEGREE-DAY INFORMTION (RULE 208.Upon req.est. eah ~as and electric utilty shall make degree-day adjusted data available to customers forcomparisons of the kind made in Rule 20 ).04. L.
208. -- 299.(RESERVED).
(BREAK IN CONTINUIT OF SECTIONS)
702. EXPLANATION OF RATE SCHEDULE (RULE 702).
Each gas. electric. and water utilty shall trsmit 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 pursuant 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 concise explantory sttement of the reasons for repealing the
chapter:
The trsfer of these rules is proposed in Docket No. 31-2101-091. Aftr the trsfer of the rules is complete,
the Commission proposes to repeal IDAPA 31.21.02. Consolidating these rules wil strealine the Commission's
utilty rules.
FEE SUMMARY: There ar no fees associated with this proposed rulemaking.
FISCAL IMPACT: There is no fiscal impac on the sta genera fund resulting from this rulemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220, negotiated rulemaking was not conducted because
of the natre of the proposed action.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistace
on technical questions concerning the rescission of these rules, contact Donald L. Howell, II, Deputy Attorney
Genera, 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 addres for express delivery:
472 W Washington
Boise, Idaho 83702-5918
IDAPA 31.21.02 IS BEING REPEALED IN ITS ENTIRETY
Idaho Administratie Bulletin Page 319 September 2, 2009 - Vol. 09-9