20190820Staff Track Changes Recommendations Customer Relations Rule.pdf

Section 000 Page 1 Barratt 4-19-19
IDAPA 31
TITLE 21
CHAPTER 01
31.21.01 – CUSTOMER RELATIONS RULES FOR GAS,
ELECTRIC, AND WATER PUBLIC UTILITIES
(THE UTILITY CUSTOMER RELATIONS RULES)

000. LEGAL AUTHORITY (RULE 0).
These rules are adopted under the general legal authority of the Public Utilities Law, Chapters 1 through 7, Idaho
Code, and the specific legal authority of Sections 61-301, 61-302, 61-303, 61-315, 61-503, 61-507, and 61-520, Idaho
Code. (7-1-93)

001. TITLE AND SCOPE (RULE 1).
The name of this chapter is “Customer Relations Rules for Gas, Electric and Water Public Utilities (the Utility
Customer Relations Rules).” This chapter has the following scope: These rules provide a set of fair, just, reasonable,
and non-discriminatory rules with regard to deposits, guarantees, billing, application for service, denial of service,
termination of service and complaints to utilities. (3-29-10)

002. WRITTEN INTERPRETATIONS – AGENCY GUIDELINES (RULE 2).
For rulemakings conducted before July 1, 1993, written interpretations to these rules in the form of explanatory
comments accompanying the order of proposed rulemaking and review of comments submitted in the order adopting
these rules are maintained in the files of the Secretary of the Idaho Public Utilities Commission and are available from
the office of the Commission Secretary. The Commission Secretary may be contacted in writing at the Idaho Public
Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074, or by telephone at [phone]. For rulemakings
conducted after July 1, 1993, written interpretations to these rules in the form of explanatory comments accompanying
the notice of proposed rulemaking that originally proposed the rules and review of comments submitted in the
rulemaking decision adopting these rules are published in the issues of the Idaho Administrative Bulletin proposing
or adopting the rules. In addition to these explanatory comments, the director of the Commission’s consumer
assistance staff has issued interpretive guidelines that are available by contacting the director of the consumer
assistance staff in writing at the Idaho Public Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074, or by
telephone at [phone].

(7-1-93)

003. ADMINISTRATIVE APPEALS (RULE 3).
This rule governs consideration of requests for exemptions and formal complaints and requests for exemption under
these rules. Any person requesting and receiving an informal staff determination with regard to an exemption or a
complaint may formally or informally request the Commission to review the Sstaff’s determination. If unusual
hardships result from the application of any of these rules, any person may apply to the Commission for, or the
Commission on its own motion may order, a permanent or temporary exemption. A formal complaint or request for
exemption must be filed with the Commission pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000
et seq. (7-1-93)

01. Exemptions From Rules. Rule 9 authorizes persons or utilities to request exemptions from these
rules. This paragraph governs procedure for requests for exemptions. (7-1-93)

a. Any applicant, customer or utility may informally request an exemption from any provision of these
rules for a specific applicant or applicants or customer or customers by writing the Commission’s consumer assistance
staff at the Idaho Public Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074 or by telephoning the
Commission’s Consumer Assistance Staff at 334-0369 (Boise area) or 1 [phone] (out of Boise calling area).
Any such person may in writing or by telephone request the Commissioners to informally or formally review the
Staff’s decision. (7-1-93)

Section 000 Page 2 Barratt 4-19-19
b. Any applicant, customer or utility may formally petition the Commission for an exemption pursuant
to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq. (7-1-93)

c. Any utility requesting an exemption for all of its customers must formally petition the Commission
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq. (7-1-93)

02. Complaints. Rule 402 authorizes persons or utilities to file complaints under these rules. This
subsection governs procedure for filing complaints under these rules. (7-1-93)

a. Any applicant, customer or utility may file an informal complaint under any provision of these rules
concerning a specific applicant or applicants or customer or customers by writing the Commission’s consumer
assistance staff at the Idaho Public Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074 or by telephoning
the Commission’s Consumer Assistance Staff at 334-0369 (Boise area) or 1 [phone] (out of Boise calling
area). Any such person may in writing or by telephone request the Commissioners to informally or formally review
the Staff’s decision. (7-1-93)

b. Any applicant, customer or utility may file a formal complaint under these rules with the
Commission pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq. (7-1-93)

004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
All requests for waivers of these rules are public records subject to inspection, examination and copying under the
Public Records Act. All informal complaints concerning public utilities’ compliance with the requirements of the
Public Utilities Act and this Commission’s rules and orders are investigatory records exempt from disclosure under
the Public Records Act. All formal complaints concerning public utilities’ compliance with these rules are public
records subject to inspection, examination and copying under the Public Records Act. (7-1-93)

005. DEFINITIONS (RULE 5).
The following definitions are used in this title and chapter: (7-1-93)

01. Applicant. Unless restricted by definition within a rule or group of rules to a particular class of
service, “applicant” means any potential customer who applies for service from a utility. Utilities may require an adult
or minor competent to contract to join a minor not competent to contract as an applicant. (3-20-04)

02. Customer. Unless restricted by definition within a rule or group of rules to a particular class of
customer, “customer” means any person who has applied for, has been accepted by the utility, and is: (3-20-04)

a. Receiving service from a utility; or (7-1-93)

b. Has received service within the past ten (10) calendar days prior to termination by the utility; or
(3-20-04)

c. Has assumed responsibility for payment of service provided to another or others. If the person
receiving service is not the same person as the person assuming responsibility for payment of service, the latter is the
customer for purposes of obtaining or terminating service, receiving refunds, or making changes to the account.
(3-20-04)

03. Utility. Unless restricted by definition within a rule or group of rules, “utility” means any public
utility providing gas, electric or water service subject by law to the Commission’s jurisdiction, whether previously
certified or not. (7-1-93)

006. CITATION (RULE 6).
The official citation of these rules is IDAPA 31.21.01.000 et seq. For example, this rule is cited as IDAPA
31.21.01.006. In documents submitted to the Commission or issued by the Commission, however, these rules may be
cited by their short title of Utility Customer Relations Rules (UCRR) and the parenthetical rule number. For example,
this rule may be cited as UCRR 6. (7-1-93)

Section 000 Page 3 Barratt 4-19-19
007. EFFECTIVE DATE – HISTORY OF RULES (RULE 7).
The Commission has adopted predecessors to these rules beginning in 1978. They were most recently codified at
IDAPA 31.C.0 through -.7. They were readopted and reformatted by rulemaking decision in docket number 31-2101-
9301, effective July 1, 1993. The history of these rulemaking proceedings preceding the initiation of the publishing of
the Idaho Administrative Bulletin and the Idaho Administrative Code is available from the Commission Secretary.
(7-1-93)

008. EXERCISE OF RIGHTS BY CUSTOMER (RULE 8).
No utility shall Utilities must not discriminate against or penalize a customer for exercising any right granted by these
rules. (7-1-93)

009. EXEMPTIONS FROM RULES (RULE 9).
If unusual or unreasonable hardships result from the application of any of these rules, any utility or customer may
apply to the Commission for, or the Commission on its own motion may order, a permanent or temporary exemption.
(7-1-93)

010. 009. INFORMAL COMPLAINTS AND INTERPRETATION OF RULES (RULE 10 9).
The Commission may authorize designated staff members to make and give informal interpretations of these rules and
regulations and the utility tariffs on file with the Commission, and to investigate complaints filed with this
Commission. These interpretations, which do not bind the Commission, will be distributed to utilities governed by
these rules and interested consumer groups and be available from the director of the Commission’s consumer
assistance staff. The Commission reserves to itself the authority to issue formal declaratory orders concerning
interpretation of these rules and utility tariffs and to resolve formal complaints. (7-1-93)

011. 010. CONFLICT WITH UTILITY TARIFFS (RULE 11).
If a utility’s tariff on file with the Commission contains provisions that deny or restrict customer’s rights protected by
any of these rules, these rules supercede any conflicting tariff provisions that deny or restrict any of those rights.
(7-1-93)

012. 011 -- 099. (RESERVED)

DEPOSIT PRACTICES FOR RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS
DEPOSITS
RULES 100 TO 199

100. FURTHER DEFINITIONS (RULE 100).
As used in Rules 101 through 109: (7-1-93)

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. (7-1-93)

02. Customer. “Customer” is restricted from its general definition to refer to a residential or small
commercial customer, unless further restricted by the rule. (7-1-93)

03. Deposit. “Deposit” means any payment held as security for future payment or performance that is
reimbursable after the customer establishes good credit. (7-1-93)

04. Residential and Small Commercial Classes. The Commission will maintain on file a list of which
customer classes of a given utility are residential and which are small commercial. (7-1-93)

101. DEPOSIT REQUIREMENTS (RULE 101).

Section 000 Page 4 Barratt 4-19-19
01. Residential Customers. No utility shall Utilities cannot demand or hold a deposit from any current
residential customer or applicant for residential service without proof that the customer or applicant is likely to be a
credit risk or to damage the property of the utility. A lack of previous history with the utility does not, in itself,
constitute such proof. A utility shall Utilities cannot demand or hold a deposit under this rule as a condition of service
from a residential customer or applicant unless one or more of the following criteria applies: (5-3-03)

a. The customer or applicant has outstanding a prior residential service account with the utility that
accrued within the last four (4) years and at the time of application for service remains unpaid and not in dispute.
(5-3-03)

b. The customer’s or applicant’s service from the utility has been terminated within the last four (4)
years for one (1) or more of the following reasons: (5-3-03)

i. Nonpayment of any undisputed delinquent bill; (7-1-93)

ii. Misrepresentation of the customer’s or applicant’s identity for the purpose of obtaining utility
service; (7-1-93)

iii. Failure to reimburse the company for damages due to negligent or intentional acts of the customer;
or (7-1-93)

iv. ii. Obtaining, diverting or using service without the authorization or knowledge of the utility. (7-1-93)

c. The utility has determined that Iinformation provided by the applicant upon application for service
is materially false or materially misrepresentative of misrepresents the applicant’s true status. (7-1-93)

d. The applicant did not have has not had service with the utility for a period of at least twelve (12)
consecutive months during the last four (4) years, and does not pass an objective credit screen. (5-3-03)

e. The applicant requests service at a residence where a former customer who owes a past due balance
for service incurred at that location still resides. (5-3-03)

f. The utility has given the customer two (2) or more written final notices of termination within the
last twelve (12) consecutive months. (5-3-03)

02. Small Commercial Customers. A utility shall Utilities cannot demand or hold a deposit as a
condition of service from any current small commercial customer or applicant for small commercial service unless
one or more of the following criteria apply: (7-1-93)

a. Any of the criteria listed in Rule Subsection 101.01 of this rule are present. (7-1-93)

b. The applicant is applying for has not had previous service for the first time from with that
utility. (7-1-93)

03. Bankrupt Customers. If an applicant for service or a customer, either residential or small
commercial, has sought any form of relief under the Federal Bankruptcy Laws, has been brought within the jurisdiction
of the bankruptcy court for any reason in an involuntary manner, or has had a receiver appointed in a state court
proceeding, then deposit may be demanded as allowed by the Federal Bankruptcy Act of 1978, as amended, and, in
particular, 11 USC 366, or as directed by the state court.Laws. (7-1-93)

102. OTHER DEPOSIT STANDARDS PROHIBITED -- RESIDENTIAL CUSTOMERS (RULE 102).
A utility shall Utilities cannot require a deposit or other guarantee as a condition of new or continued residential utility
service based upon residential ownership or location, income level, source of income, employment tenure, nature of
occupation, race, creed, sex, age, national origin, marital status, number of dependents, or any other criterion not
authorized by these rules. Rules governing deposits shall must be applied uniformly. (5-3-03)

Section 000 Page 5 Barratt 4-19-19
103. (RESERVED)

104. EXPLANATION FOR REQUIREMENT OF DEPOSIT (RULE 104).
If the utility requires a cash deposit as a condition of providing service, then it shall must immediately provide an
explanation to the applicant or customer stating the precise reasons why a deposit is required. The applicant or
customer shall must be given an opportunity to rebut those reasons. In the event of a dispute, the applicant or customer
shall must be advised that an informal or formal complaint may be filed with the Commission. (3-20-04)

105. AMOUNT OF DEPOSIT (RULE 105).

01. Amount of Deposit. A deposit allowed pursuant to Rule 101 as a condition of service shall must
not exceed one-sixth (1/6) the amount of reasonably estimated billing for one (1) year at rates then in effect. Where
gas service is used for space heating purposes only, the deposit shall must 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 must be based upon the use of service at the premises during the prior year or upon the type and size of
equipment using the utility’s service. (4-2-08)

02. Installment Payments of Deposit. The utility shall must advise the applicant or customer that the
deposit may be paid in two (2) installments. One-half (1/2) of the deposit amount shall be is due immediately with the
remaining installment payable in one (1) month. (4-2-08)

106. INTEREST ON DEPOSITS (RULE 106).

01. Interest Payable. Interest will be payable on all deposited amounts at the rate provided by
Subsection 106.02 of this rule. Interest will accrue from the date the deposit or deposit installment is made until the
deposit is refunded or applied to the customer’s utility bill; however, interest will not accrue on a deposit or deposit
installment if: (7-1-93)

a. Service is terminated temporarily at the request of a customer who leaves the deposit with the utility
for future use as a deposit; or (7-1-93)

b. Service has been permanently terminated and the utility has been unsuccessful in its attempt to
refund a deposit. (7-1-93)

02. Interest Rate. On or before November 15 of each year, the Commission will determine the twelve
month average interest rate for one-year Treasury Bills for the previous November 1 through October 31, round that
rate to the nearest whole percent, and notify the utilities of its determination of this interest rate. That rate will be in
effect for the following calendar year for all deposits described in Rule Subsection 106.01 of this rule. (7-1-93)

107. RETURN OF DEPOSIT (RULE 107).

01. Former Customers. Upon termination of service, the deposit (with accrued interest) shall must be
credited to the final bill. The balance of the deposit remaining, if any, shall must be returned promptly to the customer.
(3-20-04)

02. Existing Customers. If the customer has paid all undisputed bills and has no more than one (1) late
payment during the past twelve (12) consecutive months of service, the utility shall must promptly return the deposit
(with accrued interest) by either crediting the customer’s current account or issuing a refund.
(3-20-04)

03. Retention During Dispute. The utility may retain the deposit pending the resolution of a dispute
over termination of service. If the deposit is later returned to the customer, the utility shall must pay interest at the
annual rates established in Rule 106 for the entire period over which the deposit was held. (7-1-93)

04. Early Return of Deposit. A utility may refund a deposit plus accrued interest in whole or in part at
any time before the time prescribed in this rule. (7-1-93)

Section 000 Page 6 Barratt 4-19-19

108. TRANSFER OF DEPOSIT (RULE 108).
Deposits shall must not be transferred from one customer to another customer or between classes of service, except at
the customer’s request. When a customer with a deposit on file transfers service to a new location within the same
utility’s service area, the deposit (with accrued interest) shall must be either transferred to the account for the new
location or credited to the customer’s current account. (4-6-05)

109. RECEIPT FOR DEPOSIT -- RECORDS OF DEPOSIT (RULE 109).

01. Receipts Records of Deposit. Each customer paying a deposit or the initial installment on a deposit
shall must then be given a receipt containing or otherwise be provided with the following information in writing: (3-
20-04)

a. Name of customer and service address for which deposit is held; (7-1-93)

b. Date of payment(s); (7-1-93)

c. Amount of payment(s); and (7-1-93)

d. Statement of the tTerms and conditions governing the return of deposits. An ordinary receipt may
be given for subsequent deposit installments. (7-1-93)

02. Retention of Records. Each utility shall must maintain records that will enable a customer entitled
to a return of a deposit to obtain a refund even though the customer may be unable to produce the original receipt(s)
for a record of the deposit. The utility shall must maintain a detailed record of all deposits received from customers,
showing the name of each customer, the location of the premises occupied by the customer when the deposit is made
and each successive location occupied by the customer while the deposit is retained, and the date(s) and amount(s) of
the deposits or installments. The utility shall must retain records of deposits that have been refunded to customers for
a period of three (3) years after the date of refund. The utility shall retain records of unclaimed deposits for a period
of seven (7) years as required by Section 14-531, Idaho Code. (3-20-04)

03. Transfer of Records. Upon the sale or transfer of any utility or any of its operating units, the seller
shall must certify to the Commission that it has a list showing the names of all customers whose service is transferred
and who have a deposit on file, the date the deposit was made, and the amount of the deposit. (7-1-93)

110. UNCLAIMED DEPOSITS AND ADVANCE PAYMENTS (RULE 110).

01. Presumption of Abandonment. Pursuant to Section 14-508, Idaho Code, any deposit or advance
payment made to obtain or maintain utility service that is unclaimed by the owner for more than one (1) year after
termination of service is presumed abandoned. (4-6-05)

02. Financial Assistance Program. A utility may apply to the Commission for approval to pay
unclaimed deposits and advance payments presumed to be abandoned to a financial assistance program which assists
the utility’s low income and disadvantaged customers with payment of utility bills. The utility shall remain obligated
to must file its report of such abandoned property as required by Section 14-517, Idaho Code, and retain records as
required by Section 14-531, Idaho Code. (4-6-05)

111. -- 199. (RESERVED)

BILLING
RULES 200 THROUGH 299

200. FURTHER DEFINITION (RULE 200).
As used in Rules 201 through 205207, “bill” or “billing statement” refers to a written request for payment listing

Section 000 Page 7 Barratt 4-19-19
charges for services previously rendered or for services billed in advance that is mailed or otherwise delivered to the
customer for payment provided. An electronic billing statement may be provided upon customer request. Oral notice
of the amount of charges pending is not a bill. (7-1-93)

201. ISSUANCE OF BILLS -- CONTENTS OF BILLS BILLING STATEMENTS (RULE 201).
01. Billing Statements. Bills Billing statements shall must be issued on a regular basis. Bills and must contain
the following information:
(3-30-01)

01 a. The Billing Date tThe date the billing statement was issued. (7-1-93)

02. b. The Time Period Covered by the Bill.. The time period covered by the billing statement.
(7-1-93)
03. c. Metered Service Billing. If metered service is the basis for billing, the beginning and ending meter
readings, where the bill is based on actual readings, or a clearly marked statement that the bill is estimated, if the meter
was not actually read, and the quantity of service provided, if applicable. The beginning and ending meter readings
and the quantity of service provided, if service is metered. The billing statement must be clearly marked as estimated
if meter data is unavailable. (7-1-93)

d. The due date of the bill and, if automatic payment is authorized by the customer, the date funds will
be withdrawn or the credit card charged.

e. An itemization of all charges, both recurring and nonrecurring.

f. Any amount transferred from another account.

g. Any amount past due.

h. Any payments or credits applied to the customer’s account since the last billing statement.

i. The total amount due.

j. Contact information for the utility, including the toll-free telephone number(s) available to
customers for answering billing inquiries.

04.02. Comparison of Consumption Data. Billing statements for customers of gas, electric, and certain
water utilities shall also include the following information:

a. Each gas and electric utility shall must compare on each customer’s regular billing the customer’s
actual consumption of gas or electricity with the customer’s actual consumption of gas or electricity for the
corresponding billing period in the previous year. If the billing periods being compared contain a different number of
days, the utility shall must adjust the data to take into account the different length of the billing periods and show the
comparison as an absolute change in therm use or kilowatt hour use per day. Upon request, the utility must make
degree day adjusted data available to customers for comparison. (3-29-10)

b. Each water utility with more than five thousand (5,000) customers shall must compare on each
customer’s regular billing the customer’s actual consumption of water with the customer’s actual consumption of
water for the corresponding billing period in the previous year. The usage comparison shall must be expressed in
gallons or cubic feet based upon total consumption for each billing period or average consumption per day during
each billing period.
(3-29-10)

05. The Due Date of the Bill. (7-1-93)

06. Itemization of All Charges. An itemization of all charges, both recurring and nonrecurring.
(7-1-93)

Section 000 Page 8 Barratt 4-19-19

07. Any Amount Transferred From Another Account. (7-1-93)

08. Any Amounts Past Due. (7-1-93)

09. Payments or Credits. Any payments or credits applied to the customer’s account since the last bill.
(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) available
to customers in the service territory for answering billing inquiries. (3-30-01)

202. DUE DATE OF BILLS -- DELINQUENT BILLS (RULE 202).

01. Ordinary Due Date. The utility may require that bills for service be paid within a specified time
after the date the billing date statement is issued. The minimum specified time after the billing date issuance of the
billing statement is fifteen (15) days. (or twelve (12) days after mailing or delivery of a paper or electronic bill, if bills
are mailed or delivered more than three (3) days after the billing date.) Upon the expiration of this time without
payment, the bill may be considered delinquent. (7-1-93)

02. Hardship Exemption. When a residential customer certifies in writing to the utility that payment
by the ordinary due date creates a hardship due to the particular date when the customer receives funds, the due date
shall must be extended up to an additional fifteen (15) days or at the option of the utility, the customer shall may be
billed in a cycle that corresponds to the customer’s receipt of funds. (7-1-93)

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: (7-1-93)

a. The customer was billed under a tariff schedule for which the customer was not eligible; or
(7-1-93)

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 (4-2-08)

c. 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. (7-1-93)

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. (7-1-93)

03. Rebilling Time Period. When the customer has been overcharged, the period for rebilling shall not
exceed three (3) years as provided by Section 61-642, Idaho Code, 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. (4-2-08)

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. (4-2-08)

Section 000 Page 9 Barratt 4-19-19

a. A customer who has been undercharged 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 undercharge accrued. (4-2-08)

b. 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 credited against 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. (4-2-08)

204.203. INACCURATELY BILLED SERVICE UNDER CORRECT TARIFF SCHEDULE BILLING
ERRORS, BILLING UNDER INCORRECT RATES, OR FAILURE TO BILL FOR SERVICE (RULE 204
203).

01. Billing Errors in Preparation -- Malfunctions -- Failure to Bill. Whenever the billing for utility
service was not accurately determined for reasons such as a meter malfunctioned or failed failure, bills were estimated,
incorrect installation or programming of metering equipment was incorrectly installed or programmed, or errors in
preparation of bills were inaccurately prepared, the utility shall must prepare a corrected billing. If the utility has failed
to bill a customer for service provided, the utility shall must prepare a bill for the period during which no bill service
was provided and the customer was not billed. At its discretion, the utility may waive rebilling for undercharges. (4-
2-08)

02. Billing Under Incorrect Rates. A customer has been billed under an incorrect rate if the customer
was billed under a rate for which the customer was not eligible or the customer, who is eligible for billing under more
than one (1) rate, was billed under a rate contrary to the customer’s election or the election was made based upon
erroneous information provided by the utility. If a customer is billed under an incorrect rate, the utility must recalculate
the customer’s past bills and correctly calculate future bills based on the appropriate rate. The utility is not required
to adjust bills when it has acted in good faith based upon information provided by the customer.

02.03. Rebilling Time Period. (4-2-08)

a. If the time when the malfunction or billing error, billing under incorrect rates, or failure to bill
(collectively referred to as “billing problem”) 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 must not exceed
the most recent six (6) months before the discovery of the malfunction, error, or failure to bill billing
problem. (4-2-08)

b. If the time when the malfunction, error, or failure to bill billing problem began can be reasonably
determined and the utility determines the customer was overcharged, the corrected billings shall must go back to that
time, but not to exceed three (3) years from the time the error or malfunction billing problem occurred as provided by
Section 61-642, Idaho Code.
(4-2-08)

c. If the time when the malfunction or error billing problem 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 must implement procedures designed to monitor and identify
customers who have not been billed or who have been inaccurately billed. (4-2-08)

03.04. Refunds. The utility shall must promptly prepare a corrected billing indicating the recalculate
refund amounts due to overpaid by the customer and issue a credit on the customer’s next bill within two (2) billing
cycles. Any remaining credit balance shall must be credited against future bills unless the customer, after notice from
the utility, requests a refund. The utility shall must advise the customer of the option to have any remaining credit
balance exceeding $25.00 refunded to the customer. (4-2-08)

04.05. Additional Payments. The utility shall must promptly prepare a corrected billing for a customer

Section 000 Page 10 Barratt 4-19-19
who has been undercharged indicating the amount owed to the utility. An unbilled or undercharged customer shall
must 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. (4-2-08)

204-205. (RESERVED)

206. RESPONSIBILITY FOR PAYMENT OF BILLS -- RESIDENTIAL CUSTOMERS (RULE 206).

01. Customer Defined. For purposes of this rule, “customer” means a customer whose name appears
on the utility’s regular bill for residential service or who signed a written application for service or other document
informing the customer that he or she was assuming an obligation for payment for service. (7-1-93)

02. Customer’s Responsibility. A customer shall must not be held responsible for payment of an
amount owed by any person who resides at the customer’s premises or is a member of the customer’s household, but
whose name does not appear on the current bill or application for service, unless: (7-1-93)

a. The customer signs a written agreement to pay or otherwise expressly accepts responsibility for
payment of the other person’s bill; or (3-20-04)

b. The customer has a legal obligation to pay the other person’s bill. (7-1-93)

03. Customer Notice. The utility shall must provide written notice of its intent to add to the customer’s
bill for current service an amount owed for: (3-20-04)

a. Another person’s bill; or (3-20-04)

b. Service rendered at a former service location, provided that the lapse in service exceeds sixty (60)
calendar days. (3-20-04)

04. Contents of Notice. The notice must include: (3-20-04)

a. The name of the customer of record who owes the bill amount; (7-1-93)

b. The service location involved; (7-1-93)

c. The time over which the bill amount was accumulated; (3-20-04)

d. The amount owed; (7-1-93)

e. The reason(s) for adding the bill amount to the customer’s bill statement; (3-20-04)

f. A statement that payment arrangements may be made on the amount owed; (7-1-93)

g. A statement that the customer has the right to contest the utility’s proposed action with the utility or
the Commission; and (3-20-04)

h. The response deadline after which the bill amount will be added to the customer’s bill statement.
(3-20-04)

05. Opportunity to Respond. The customer shall must be given a minimum of seven (7) calendar days
from the date of the proposed action to respond to the utility’s notice. (3-20-04)

207. BILLING PROHIBITED (RULE 207).
No utility shall Utilities must not bill for non-utility service(s) or merchandise not ordered or otherwise authorized by
the customer of record. Any charges for these services that appear on a customer’s bill shall must be removed from

Section 000 Page 11 Barratt 4-19-19
the customer’s bill no later than two (2) billing cycles following notice by the customer to the utility. A utility that
unknowingly submits a bill containing charges for non-utility service(s) or merchandise not ordered or otherwise
authorized by the customer of record shall must not be considered in violation of Rule 207 if the disputed amounts are
removed from the customer’s bill. (3-30-01)

208. DEGREE-DAY INFORMATION (RULE 208).
Upon request, each gas and electric utility shall make degree-day adjusted data available to customers for comparisons
of the kind made in Rule 201.04. (3-29-10)

209. 208.-- 299. (RESERVED)

DENIAL AND TERMINATION OF SERVICE AND PAYMENT ARRANGEMENT RULES
FOR RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS
RULES 300 THROUGH 400 399

300. FURTHER DEFINITIONS (RULE 300).
As used in Rules 301 through 313: (7-1-93)

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. (7-1-93)

02. Customer. “Customer” is restricted from its general definition to refer only to residential or small
commercial customers, unless further restricted by the rule. (7-1-93)

03. Non-Utility Service. “Non-utility service” means: (7-1-93)

a. Service for which the Commission does not regulate rates, charges, or availability of service;
(7-1-93)

b. Service for which no rate or charge is contained in the utility’s tariffs; or (7-1-93)

c. Merchandise or equipment or charges for merchandise or equipment not required as a condition of
receiving utility service. (7-1-93)

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-in” to receiving
electronic notification. (4-2-08)

301. EXPLANATION FOR DENIAL OF SERVICE TO APPLICANT (RULE 301).

01. Explanation to Applicant. If the utility intends to deny service to an applicant under Rule 302, the
utility shall must provide an explanation to the applicant stating the reasons for the utility’s refusal to serve. The
applicant shall must be advised of what action(s) must be taken to receive service. In the event of a dispute, the
applicant shall must be advised that an informal or formal complaint concerning denial of service may be filed with
the Commission.
(3-20-04)

02. Written Notice. If service is currently being provided to the premises occupied by an applicant, the
utility shall must provide written notice of its refusal to serve pursuant to Rule 312.
(3-20-04)

302. GROUNDS FOR DENIAL OR TERMINATION OF SERVICE WITH PRIOR NOTICE (RULE 302).

Section 000 Page 12 Barratt 4-19-19
01. Reasons for Denial or Termination of Service. 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 of the following reasons: (7-1-93)

01 .a. Failure to Pay. With respect to undisputed past due bills, the customer or applicant: (3-20-04)

a. i. Failed to pay; (3-20-04)

b. ii. Paid with a dishonored check; (3-20-
04)

c. iii. Made an electronic payment drawn on an account with insufficient funds. (3-20-04)

02.b. 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.c. 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.d. Identity Misrepresentation. The customer or applicant misrepresented the customer’s or
applicant’s identity for the purpose of obtaining utility service. The utility has determined that information provided
by the customer or applicant is materially false or materially misrepresents the customer’s or applicant’s true
status. (7-1-93)

05.e. Denial of Access to Meter. The customer or applicant denied or willfully prevented the utility’s
access to the meter. (7-1-93)

06.f. Willful Waste of Service. The utility determines as prescribed by relevant State or other applicable
standards that the customer is willfully wasting or interfering with service to the customer or other customers through
improper equipment or otherwise. (7-1-93)

07.g. 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)

08.02. Previous Account Balance Owing No Obligation to Connect Service. 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. (4-2-08)

303. GROUNDS FOR DENIAL OR TERMINATION OF SERVICE WITHOUT PRIOR NOTICE (RULE
303).
A utility may deny or terminate service without prior notice to the customer or applicant and without the customer’s
or applicant’s permission for one (1) or more of the following reasons: (7-1-93)

01. Dangerous Conditions. A condition immediately dangerous or hazardous to life, physical safety,
or property exists, or if necessary to prevent a violation of federal, state or local safety or health codes. (7-1-93)

02. Order to Terminate Service. The utility is ordered to terminate service by any court, the
Commission, or any other duly authorized public authority. (7-1-93)

03. Illegal Use of Service. The service is obtained, diverted or used without the authorization or
knowledge of the utility. (7-1-93)

04. Unable to Contact Customer. The utility has tried diligently to meet the notice requirements of
Rule 304, but has been unsuccessful in its attempts to contact the customer affected. (7-1-93)

Section 000 Page 13 Barratt 4-19-19
304. REQUIREMENTS FOR NOTICE TO CUSTOMERS BEFORE TERMINATION OF SERVICE
(RULE 304).

01. Initial Notice. If the utility intends to terminate service to a customer under Rule 302, the utility
shall must send to the customer written notice of termination mailed at least seven (7) calendar days before the
proposed date of termination. This written notice shall must contain the information required by Rule 305. (3-20-04)

02. Final Notice. The utility may mail a final written notice to the customer at least three (3) calendar
days, excluding weekends and holidays, before the proposed date of termination. Regardless of whether the utility
elects to mail a written notice, at least twenty-four (24) hours before the proposed date of termination, the utility shall
must diligently attempt to contact the customer affected, either in person or by telephone, to advise the customer of
the proposed action and steps to take to avoid or delay termination. This final notice shall must contain the same
information required by Rule 305. (3-20-04)

03. Additional Notice. If service is not terminated within twenty-one (21) calendar days after the
proposed termination date as specified in a written notice the utility shall must again provide notice under Subsections
304.01 and 304.02 if it still intends to terminate service. (3-20-04)

04. Failure to Pay. No additional notice of termination is required if, upon receipt of a termination
notice, the customer: (3-20-04)

a. Makes a payment arrangement and subsequently fails to keep that arrangement; (3-20-04)

b. Tenders payment with a dishonored check; or (3-20-04)

c. Makes an electronic payment drawn on an account with insufficient funds.
(3-20-04)

305. CONTENTS OF NOTICE OF INTENT TO TERMINATE SERVICE (RULE 305).

01. Contents of Notice. The written or oral notice of intent to terminate service required by Rule 304
shall must state: (4-11-06)

a. The reason(s), citing these rules, why service will be terminated and the proposed date of
termination; (4-11-06)

b. Actions the customer may take to avoid termination of service; (4-11-06)

c. That a certificate notifying the utility of a serious illness or medical emergency in the household
may delay termination as prescribed by Rule 308; (4-11-06)

d. That an informal or formal complaint concerning termination may be filed with the utility or the
Commission, and that service will not be terminated on the ground relating to the dispute between the customer and
the utility before resolution of the complaint (the Commission’s address and telephone number must be given to the
customer); and (4-11-06)

e. That the utility is willing to make payment arrangements (this statement must be in bold print on
written notices). (4-11-06)

f. That for purposes of termination, partial payments will be applied toward utility service charges
first, unless the customer requests otherwise, and that charges for non-utility services cannot be used as a basis for
termination. (4-11-06)

02. Additional Requirements for Gas and Electric Utilities. During the months of November,
December, January and February, oral and written notices provided by gas and electric utilities to residential customers
shall must include or be accompanied by an explanation of restrictions on termination of service and the availability

Section 000 Page 14 Barratt 4-19-19
of the Winter Payment Plan described in Rule 306. (4-11-06)

306. TERMINATION OF RESIDENTIAL GAS AND ELECTRIC SERVICE -- WINTER PAYMENT
PLAN (RULE 306).

01. Restrictions on Termination of Service to Households with Children, Elderly, or Infirm.
Except as provided in Rule 303, no gas or electric utility may terminate service or threaten to terminate service during
the months of December through February to any residential customer who declares that he or she is unable to pay in
full for utility service and whose household includes children, elderly or infirm persons. (7-1-93)

02. Definitions for This Rule. For purposes of this rule: (7-1-93)

a. “Children” means persons eighteen (18) years of age or younger, but customers who are
emancipated minors are not children under this rule. (4-11-06)

b. “Elderly” means persons sixty two (62) years of age or older. (4-11-06)

c. “Infirm” means persons whose physical health or safety would be seriously impaired by termination
of utility service. (4-11-06)

03. Opportunity to Participate in Winter Payment Plan. Any residential customer who declares that
he or she is unable to pay in full for utility service and whose household includes children, elderly or infirm persons
shall must be offered the opportunity to establish a Winter Payment Plan. However, no customer may be required to
establish such a plan. Except as provided in Rule 303, no gas or electric utility may terminate service during the
months of November through March to any customer who establishes a Winter Payment Plan before November 1. A
customer may establish a Winter Payment Plan after November 1, but the extended protection from termination of
service offered under such a plan will not begin until the date the plan is established. Failure of a participating customer
to make payments as required will result in cancellation of the plan and elimination of the extended protection from
termination of service offered under the plan. The customer may use any source of funds to satisfy the payment
requirements of Winter Payment Plan. (4-11-06)

04. Amount of Payments Under Winter Payment Plan. Monthly payments under a Winter Payment
Plan are equal to one-half (1/2) of the Level Pay Plan amount for that customer. The Level Payment Plan amount shall
must be calculated according to Rule 313.06. (4-11-06)

05. Payment Arrangements Following Winter Payment Plan. If a customer who received the
protection of this rule has an outstanding balance owed to the utility, the customer shall must either pay this balance
or negotiate a new payment arrangement: (4-11-06)

a. On or after March 1, if the customer has not established a Winter Payment Plan; or (7-1-93)

b. On or after April 1, if the customer has established a Winter Payment plan. Failure of a customer to
pay or make payment arrangements on or after these dates may result in termination of service. (7-1-93)

06. Successive Participation in Winter Payment Plan. A residential customer who participates in a
Winter Payment Plan one (1) year shall must be allowed to participate in the succeeding year if the customer has
honored the payment arrangements and the balance owing as of November 1 does not exceed seventy-five dollars
($75) or the customer’s utility bill for the previous thirty (30) days, whichever is greater. (4-11-06)

07. Unoccupied Residences -- Failure or Refusal to Apply for Service. Nothing in this rule prevents
a gas or electric utility from terminating service to unoccupied residences or residences where the occupants have
failed or refused to apply for utility service. (4-11-06)

08. Customers Who Move. During the months of December, January and February, a gas or electric
utility shall must continue to provide service to any residential customer who made a declaration as provided for in
Subsection 306.01 and subsequently moves to a new residence served by the same utility, regardless of any outstanding

Section 000 Page 15 Barratt 4-19-19
balance owed by the customer. If service is not connected at the new residence, service shall must be connected as
soon as possible after the customer requests service at the new residence. (4-11-06)

09. Applicants Previously Served. During the months of December, January and February, a gas or
electric utility shall must provide service to any residential applicant who made a declaration as provided for in
Subsection 306.01 and within thirty (30) days of discontinuing service, subsequently applies for service at a new
residence served by the same utility, regardless of any outstanding balance owed by the applicant. If service is not
connected at the new residence, service shall must be connected as soon as possible after the applicant requests service
at the new residence. (4-11-06)

307. THIRD-PARTY NOTIFICATION -- RESIDENTIAL SERVICE (RULE 307).
Each gas or and electric utility shall must provide a program for its residential customers known as Third-Party
Notification. Under this program, the utility will, at the request of the customer, notify orally or in writing a third-
party designated by the customer of the utility’s intention to terminate service. The third-party will be under no
obligation to pay the bill, but as provided in Rule 313.08, no customer can be considered to have refused to enter a
payment arrangement unless either the customer or the designated third-party has been given notice of the proposed
termination of service and of the customer’s opportunity to make payment arrangements. (7-1-93)

308. SERIOUS ILLNESS OR MEDICAL EMERGENCY (RULE 308).

01. Medical Certificate -- Postponement of Termination of Service. A utility shall must postpone
termination of utility service to a residential customer for thirty (30) calendar days from the date of receipt of a written
certificate signed by a licensed physician or public health official with medical training. The certificate must contain
the following information: (3-20-04)

a. A statement that the customer, a member of the customer’s family, or other permanent resident of
the premises where service is rendered is seriously ill or has a medical emergency or will become seriously ill or have
a medical emergency because of termination of service, and that termination of utility service would adversely affect
the health of that customer, member of the customer’s family, or resident of the household. (3-20-04)

b. The name of the person whose serious illness or medical emergency would be adversely affected by
termination and the relationship to the customer, and (3-20-04)

c. The name, title, and signature of the person certifying the serious illness or medical emergency.
(3-20-04)

02. Restoration of Service. If service has already been terminated when the medical certificate is
received, service shall must be restored as soon as possible, but no later than twenty-four (24) hours after receipt. The
customer shall must receive service for thirty (30) calendar days from the utility’s receipt of the certificate. (3-20-04)

03. Second Postponement. The utility may postpone termination of service upon receipt of a second
certificate stating that the serious illness or medical emergency still exists. (7-1-93)

04. Verification of Medical Certificate. The utility may verify the authenticity of the certificate and
may refuse to delay termination of service if it is determined that the certificate is a forgery or is otherwise fraudulent.
(7-1-93)

05. Obligation to Pay. Nothing in this rule relieves the customer of the obligation to pay any undisputed
bill. (3-20-04)

309. MEDICAL FACILITIES -- SHELTER CARE (RULE 309).
Where service is provided to a customer known to the utility to be or identifying itself as a medical care facility,
including a hospital, medical clinic with resident patients, nursing home, intermediate care facility or shelter care
facility, a final notice of pending termination shall must be provided to the Commission and to the State Department
of Health and Welfare as well as to the customer. Upon request from the Commission, a delay in termination of no
less than seven (7) calendar days from the date of notice shall must be allowed so that action may be taken to protect

Section 000 Page 16 Barratt 4-19-19
the interests of the facility’s residents. (7-1-93)

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 Utilities must not terminate service or provide notice of intent to terminate service
if the unpaid bill cited as grounds for termination is: (4-2-08)

a. The customer’s unpaid bill totals lLess than fifty dollars ($50) or two (2) months’ charges for
service, whichever is less. (4-2-08)

b. The unpaid bill is fFor 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. (4-2-08)

c. The unpaid bill results from For the purchase of non-utility goods or services. (4-2-08)

d. The unpaid bill is fFor service provided four (4) or more years ago unless the customer has promised
in writing to pay or made a payment on the bill within the last four (4) years. (4-2-08)

e. The customer fails to pay amounts in dispute while a complaint filed pursuant to Rule 402 is pending
before this Commission. The subject of an informal or formal complaint filed with the Commission, except as
provided for under Rule 402 401. (4-2-08)

f. A case placing aAt issue payment of disputed amounts for utility service is in a case pending before
a court in the state of Idaho unless termination is authorized by court order. (4-2-08)

02. Denial of Service. No An applicant shall must not be given notice of denial nor shall the applicant
be or 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. (4-2-08)

311. TIMES WHEN SERVICE MAY BE TERMINATED -- OPPORTUNITY TO AVOID
TERMINATION OF SERVICE (RULE 311).

01. When Termination of Service Is Prohibited. Except as authorized by Rule 303 or this rule, service
provided to a customer, applicant, resident or occupant shall not be terminated: (4-2-08)

a. On any Friday, Saturday, Sunday, legal holidays recognized by the state of Idaho, or on any day
immediately preceding any legal holiday; or (4-2-08)

b. At any time when the utility is not open for business. (4-2-08)

02. Times When Service May Be Terminated. Service may be terminated: (4-2-08)

a. 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; (4-2-08)

b. Between the hours of 8 a.m. and 5 p.m., Monday through Thursday, for any reason authorized by
Rules 302 and 303; (4-2-08)

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 if the premises are unoccupied and service has been abandoned; or (4-2-08)

d. Between the hours of 5 p.m. and 9 p.m., Monday through Thursday, if the utility is unable to gain
access to the meter during normal business hours or for illegal use of service pursuant to Rule 303.03. (4-2-08)

03. Personnel to Authorize Reconnection. Each utility shall have personnel available who are

Section 000 Page 17 Barratt 4-19-19
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 reconnection is requested. (4-2-08)

04. Opportunity to Prevent Termination of Service During Premise Visit. Immediately preceding
termination of service If a premise visit is necessary to terminate service, the employee designated to terminate service
shall may identify himself or herself to the customer or other responsible adult upon the premises and shall announce
the purpose of the employee’s presence visit. 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 may be authorized by the utility
to accept full or partial payment , or, at the discretion of the utility, partial payment, and in such case the employee
shall must 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. (4-2-08)

05. Notice of Procedure for Reconnecting Service. During a premise visit, the utility employee
designated to terminate service shall may give to the customer or leave in a conspicuous location at the affected service
address, 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.
(4-2-08)

06. Applicant Without Service - Customer Requested Termination. Nothing in this rule prohibits a
utility from terminating service at any time pursuant to a customer’s request. (4-2-08)

312. DENIAL OR TERMINATION OF SERVICE TO MASTER-METERED ACCOUNTS AND
RESIDENTS OR OCCUPANTS WHO ARE NOT CUSTOMERS (RULE 312).

01. Notice to Occupants or Residents Not Customers. Except as provided in Rules 303.01 and
303.02, no utility shall utilities must not deny or terminate service without providing written notice to the residents or
occupants of:
(3-20-04)

a. A building or mobile home court where service is master-metered; (3-20-04)

b. A residence where the customer billed for service is not a resident or occupant of the premises being
served; or (3-20-04)

c. Premises where service is being provided on an interim basis to a resident or occupant following a
customer’s request to terminate service. (3-20-04)

02. Delivery and Contents of Notice. The utility must notify the residents or occupants of its intent to
deny or terminate service at least two (2) calendar days, excluding weekends and holidays, before the proposed date
of termination. The notice should be delivered to the premises or, in the case of multi-occupant buildings or mobile
home parks, posted in common areas or a conspicuous location. The notice shall must state: (3-20-04)

a. The date of the notice; (7-1-93)

b. The proposed denial or termination date; (3-20-04)

c. The reason for denial or termination; (3-20-04)

d. What action(s) the resident(s) or occupant(s) must take in order to obtain or retain service in the
resident’s(s’) or occupant’s(s’) own name(s); and (3-20-04)

e. That an informal or formal complaint concerning denial or termination of service may be filed with
this Commission. (3-20-04)

Section 000 Page 18 Barratt 4-19-19

313. PAYMENT ARRANGEMENTS (RULE 313).

01. Arrangements Allowed. When a customer cannot pay a bill in full, the utility shall must continue
to serve the customer if the customer and the utility agree on a reasonable portion of the outstanding bill to be paid
immediately, and the manner in which the balance of the outstanding bill shall must be paid. For customers who are
unable to come to the utility’s local office to make payment arrangements, a gas or electric utility must, upon request
by the customer, make payment arrangements over the telephone, by mail or at the customer’s home. (7-1-93)

02. Reasonableness. In deciding on the reasonableness of a particular agreement, the utility will take
into account the customer’s ability to pay, the size of the unpaid balance, the customer’s payment history, and the
amount of time and reasons why the debt is outstanding. (7-1-93)

03. Application of Payment. Unless the customer designates otherwise, payments are to be first applied
to the undisputed balance owed by the customer for utility services and associated installation charges, taxes, franchise
fees and surcharges. (3-30-01)

04. Second Arrangement. If a customer fails to make the payment agreed upon by the date that it is
due, the utility may, but is not obligated to, enter into a second such agreement. (7-1-93)

05. When Arrangement Not Binding. No payment arrangement shall be is binding upon a customer
if it requires the customer to forego any right provided for in these rules. (7-1-93)

06. Level Pay Plans Acceptable Payment Arrangement. Payment arrangements may be in the form
of a Level Pay Plan that will equalize monthly payments of all arrears, if any, and anticipated future bill amounts over
a period of not less than one (1) year. No customer agreeing to a reasonable payment arrangement is required to choose
this plan. (7-1-93)

07. Third-Party Contact. If a utility has been unable to contact a customer concerning termination, but
has contacted the customer’s third-party designated under Rule 307 and has failed to receive a response from the
customer within seven (7) days after the third-party was contacted, the utility may treat the customer as one who has
been contacted and has declined to enter into a reasonable payment arrangement. (7-1-93)

314. -- 400.399. (RESERVED)

COMPLAINT PROCEDURE
RULES 401 400 THROUGH 499

401. 400. COMPLAINT TO UTILITY (RULE 401400).

01. Subject Matter Complaint. A customer or applicant for service may complain at any time to the
utility about any deposit or written guarantee required as a condition of service, billing, termination of service, quality
or availability of service, or any other matter regarding utility services, policies and practices. The customer or
applicant may request a conference with the utility, but this provision does not affect any statute of limitation that
might otherwise apply. Complaints to the utility may be made orally or in writing. A complaint is considered filed
upon receipt by the utility. In making a complaint or request for conference, the customer or applicant shall must state
the customer’s or applicant’s name, service address, and the general nature of the complaint. (7-1-93)

02. Conference Investigation by Utility. Upon receiving each complaint or request for conference,
tThe utility shall promptly, thoroughly and completely investigate the complaint, confer with the customer or applicant
when requested, and notify the customer or applicant of the results of the investigation, and make a good-faith attempt
to resolve the complaint. The oral or written notification shall must advise the customer or applicant that the customer
or applicant may request the Commission to review the utility’s proposed disposition of the complaint. (7-1-93)

Section 000 Page 19 Barratt 4-19-19
03. Service Maintained. The utility shall must not terminate service based upon the subject matter of
the complaint while investigating the complaint or making a good-faith attempt to resolve the complaint. (7-1-93)

402.401. REVIEW BY COMPLAINT TO COMMISSION (RULE 402 401).

01. Informal Review Complaint. If a customer or applicant who has complained to a utility is
dissatisfied with a utility’s proposed disposition of the complaint, the customer or applicant may request file an
informal complaint with the Commission to informally review the disputed issue and the utility’s proposed disposition
of the complaint. Customers and applicants are encouraged, but not required to contact the utility before filing an
informal complaint. (7-1-93)

02. Procedure on Review Termination of Service – Undisputed Bills. The Commission will process
these requests as informal complaints pursuant the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
Utility service shall must not be terminated nor termination be threatened by notice or otherwise in connection with
the subject matter of the complaint while the complaint is pending before the Commission so long as the customer
continues to pay all amounts not in dispute, including current utility bills. Upon request by any party, the parties and
a representative of the Commission shall be required to meet and confer. The utility may continue to issue bills and
request payment from the customer of any undisputed amounts. (7-1-93)

03. Customer's Rights Protected. No customer or applicant shall will be denied the opportunity to file
an informal or formal complaint with the Commission. (7-1-93)

04. Formal Complaints. Formal complaints may be filed according to the Commission’s Rules of
Procedure, IDAPA 31.01.01.000 et seq. (7-1-93)

403.402. RECORD OF COMPLAINTS (RULE 403 402).

01. Recordkeeping. Each utility must keep a written record of complaints and requests for
conferences pursuant to Rules 400 and 401 and 402. These records must be retained for a minimum of one (1) year
at the office of by 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 401.02
that the customer or applicant may request the Commission to review the utility’s proposed disposition of the
complaint. (4-2-08)

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 400 and 401 and 402, and the
general nature of their subject matter of the complaints., how received (in person, by letter, etc.), and whether a
Commission review was conducted.
(7-1-93)

404. 403. UTILITY RESPONSES TO INFORMAL COMPLAINTS (RULE 404).

01. Response to Commission. Within ten (10) business days of receiving notification from the
Commission that an informal complaint involving the company utility has been filed with the Commission, utilities
the utility must either respond either orally or in writing to the Commission. A utility will be granted an extension
of time to prepare its response if it represents that it is making a good faith effort to resolve the matter in dispute. A
full and complete response should be submitted to the Commission no later than thirty (30) days after receipt of
notification from the Commission. (3-30-01)

405. 404 -- 499. (RESERVED)

Section 000 Page 20 Barratt 4-19-19
CUSTOMERS IN MULTI-OCCUPANT BUILDINGS --
RIGHT TO BILLING BASED UPON CUSTOMER'S OWN USE
RULES 500 THROUGH 599

500. -- 599. (RESERVED)

RULES FOR DEPOSIT, DENIAL, AND TERMINATION OF SERVICE
FOR INDUSTRIAL, LARGE COMMERCIAL, AND IRRIGATION CUSTOMERS
RULES 600 THROUGH 700 699

600. DEFINITIONS (RULE 600).
As used in Rules 601 through 605. (7-1-93)

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. (7-1-93)

02. Applicant. “Applicant” means an applicant for industrial, large commercial or irrigation service.
(7-1-93)

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. (7-1-93)

04. Deposit. “Deposit” means any payment held as security for future payment or performance that is
reimbursable. (7-1-93)

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-in” to receiving electronic
notification. (4-2-08)

601. DEPOSIT REQUIREMENTS AND ADVANCE PAYMENTS (RULE 601).
An applicant or customer may be required to pay a deposit or make an advance payment in accordance with the
utility’s tariff filed with the Commission. If an applicant or customer has sought any form of relief under the Federal
Bankruptcy Laws, has been brought within the jurisdiction of the bankruptcy court for any reason in an involuntary
manner, or has had a receiver appointed in a state court proceeding, then a deposit may be demanded as allowed by
the Federal Bankruptcy Act of 1978, as amended, and, in particular, 11 U.S.C. 366, or as directed by the state court
Laws. (7-1-93)

602. GROUNDS FOR DENIAL OR TERMINATION OF SERVICE WITH PRIOR NOTICE (RULE 602).
A utility may deny or terminate service to an industrial, large commercial or irrigation customer without its permission,
but only after adequate notice has been given in accordance with these rules, for one (1) or more of the following
reasons: (7-1-93)

01. Failure to Pay Undisputed Bill. The customer or applicant did not pay undisputed delinquent bills
or paid a delinquent bill with any check not honored by the bank. Any Reason Listed in Rule 302.01.a-f. (7-1-93)

02. Failure to Pay Deposit Make Advance Payment or Provide Guarantee. The customer or
applicant failed to make a required advance payment, pay a deposit or provide an acceptable guarantee, when required
by the applicable tariff or contract. (7-1-93)

03. The Customer or Applicant Failed to Comply with a Payment Arrangement. (7-1-93)

04. Identify Misrepresentation. The customer or applicant misrepresented the customer’s or

Section 000 Page 21 Barratt 4-19-19
applicant’s identity for the purpose of obtaining utility service. (7-1-93)

05. Denial of Access to Meter. The customer or applicant denied or willfully prevented the utility’s
access 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. (7-1-93)

07 .03. Failure to Apply for Service. The customer or applicant failed to apply for service with the utility.
(7-1-93)

603. REQUIREMENTS FOR AND CONTENTS OF NOTICE BEFORE TERMINATION OF SERVICE
(RULE 603).

01. Initial Notice. If the utility intends to terminate service under Rule 601602, the utility shall must
send to the customer written notice of termination mailed at least seven (7) calendar days prior to the proposed date
of termination. The written notice of termination must state: (3-20-04)

02. Contents of Notice. The written notice of termination shall must state: (3-20-04)

a. The reason(s), citing these rules, why service will be terminated, and the proposed date of
termination; (3-20-04)

b. Actions the customer may take to avoid termination; (7-1-93)

c. That an informal or formal complaint concerning the termination may be filed with this
Commission; and (7-1-93)

d. That service will not be terminated prior to the resolution of such a filed complaint (if the resolution
is in favor of the utility, the Commission shall will set the date of termination). (7-1-93)

03.02. Final Notice. The utility may mail a final written notice to customers at least three (3) calendar
days, excluding weekends and holidays, before the proposed date of termination. Regardless of whether the utility
elects to mail a written notice, at least twenty-four (24) hours prior to actual termination, the utility shall must diligently
attempt to contact the customer affected, either in person or by telephone, to apprise the customer of the proposed
action. This final notice shall must contain the same information required above for written notice. Each utility shall
must maintain clear, written records of oral notices, showing dates and the utility employee giving the notices. (3-20-
04)

604. GROUNDS FOR TERMINATION OF SERVICE WITHOUT PRIOR NOTICE (RULE 604).
A utility may terminate service without prior notice to the customer as specified in Rule 602 only: (7-1-93)

01. Dangerous Conditions. If a condition immediately dangerous or hazardous to life, physical safety,
or property exists, or if necessary to prevent a violation of federal, state or local safety or health codes. (7-1-93)

02. Order to Terminate. Upon order by any court, the Commission, or any other duly authorized public
authority. (7-1-93)

03. Illegal Use of Utility. If such service is obtained, diverted or used without the authorization or
knowledge of the utility; or (7-1-93)

04. Unable to Contact Customer. If the utility has tried diligently to meet the notice requirements of
Rule 602, but has been unsuccessful in its attempt to contact the customer. (7-1-93)

605. NOTICE TO COMMISSION PRIOR TO TERMINATION (RULE 605).
No industrial or large commercial customer shall have its service terminated unless A utility must provide written

Section 000 Page 22 Barratt 4-19-19
notice to the Commission of its intent to terminate service to an industrial or large commercial customer is given
written notice at least seven (7) days before the scheduled date of termination. The Commission may stay termination
of service upon its finding that the public interest requires service to be maintained to the customer. (7-1-93)

606. -- 700. 699. (RESERVED)

SUMMARY OF CUSTOMER RULES
RULES 701700 THROUGH 800799

701.700. SUMMARY OF RULES INFORMATION TO CUSTOMERS (RULE 701 700).

01. Summary to Be Provided to Customers Required Information. Each utility shall must provide
the following information to its customers: a summary of this chapter approved by the Commission. The summary
shall be provided to customers at least once each year and must be available at local offices of the utility in Idaho and
provided to each new customer upon commencement of service. (4-11-06)

02. Contents of Summary. The summary shall include the following information: (4-11-06)

a. An explanation of the conditions under which the utility may request a deposit (4-11-06)
A summary of the terms and conditions under which service is provided, including the conditions under which the
utility may request a deposit or deny or terminate service;

b. An explanation of the conditions under which the utility may deny or terminate service; (4-11-06)
A statement that:

i. The utility is willing to make reasonable payment arrangements;

ii. The customer may file a complaint with the utility and the Commission and that termination of
service is prohibited while a complaint is pending with the Commission or with a court in the State of Idaho;

iii. Termination of service may be postpones due to serious illness or medical emergency (residential
customers only).

c. An explanation of how termination of service may be postponed due to serious illness or medical
emergency (residential customers only); A clear and concise explanation of rate schedules(s) applicable to the
customer’s class of service. (4-11-06)

d. A statement of the utility’s willingness to make payment arrangements to assist customers having
difficulty paying their utility bills; (4-11-06)

e. An explanation of how to file a complaint with the utility and the Commission; and
(4-11-06)

f. A statement that termination of service is prohibited while a complaint is pending with the
Commission or with a court in the State of Idaho. (4-11-06)

03.02. Summary Information for Gas and Electric Customers. The summary provided by a Each gas
or electric utility also shall must include the following information an explanation of: (4-11-06)

a. An explanation of rRestrictions on termination of service and the availability of the Winter Payment
Plan described in Rule 306 (residential customers only). (4-11-06)

b. An explanation of tThe Third Party Notification Program described in Rule 307 (residential

Section 000 Page 23 Barratt 4-19-19
customers only); and (4-11-06)

c. An explanation of tThe availability of the Level Pay Plan described in Rule 313. (4-11-06)

.03. When and How Information Provided. Information must be provided to customers in writing
annually and to new customers upon initiation of service. Information provided upon initiation of service may be
separately mailed or included with a paper or electronic billing statement. Annual notices may be made by separate
mailing, included with the paper or electronic billing statement or, with the customer’s consent, by electronic notice
with reference to information contained on the utility’s website.

04. Model Summaries. Model Rules Summaries, including Spanish language translations for
residential customers, shall be provided by the Commission to utilities and other interested parties upon request.
(4-11-06)

702. EXPLANATION OF RATE SCHEDULE (RULE 702).
Each gas, electric, 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 services
selected by that customer. (3-29-10)

703.702 -- 999. (RESERVED)