20040728_896.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:BEVERLY BARKER
DATE:JULY 26, 2004
RE:PROPOSED REVISIONS TO THE UTLITY CUSTOMER RELATIONS
RULES (IDAPA 31.21.01)
Staff recommends that the Commission consider amending its Utility Customer Relations
Rules. Staff does not anticipate opposition to adoption of these amendments. What follows is a
brief description of the substantive revisions proposed by Staff. Attached for your review is a
marked-up version of the rules, including one "housekeeping" change to a section heading.
If the Commission wishes to initiate a rulemaking this year, the proposed revisions must
be submitted to the Administrative Rules Coordinator by August 25 2004. The rules will be
published in the October issue of the Administrative Bulletin. After publication, public comment
will be accepted. The Staff will then submit an analysis of the comments and the Commission
may then decide whether to adopt the proposed rules as pending rules.
Rule 108 - Transfer of Deposits
Staff proposes to add a provision to allow utilities to apply a deposit amount plus accrued
interest to a customer s existing account when that customer moves to a new location within the
utility s service territory. The rule currently requires utilities to transfer deposits to the account
established for the new location. As amended, the proposed rule would allow utilities to either
transfer the deposit to the new account or apply it to the account balance owing on the existing
account. Due to limitations within its billing system, Avista is currently unable to transfer
deposits as required by this rule. Changing the rule will provide utilities additional flexibility in
handling customer deposits when those customers move and will bring A vista into compliance.
The proposed change will not impose any additional deposit obligations on affected customers.
DECISION MEMORANDUM - 1 -JULY 26, 2004
New Rule 110 Unclaimed Deposits and Advance Payments
Staff proposes a new rule to implement Idaho Code 9 14-508 (attached), which allows
utilities to pay funds from unclaimed utility deposits and advance payments to "a financial
assistance program which assists the utility s low income and disadvantaged customers with their
utility bills . For 2003, the total amount of unclaimed deposits held by Avista, PacifiCorp, and
Intermountain Gas was $4168. Idaho Power was unable to separately identify amounts for
unclaimed deposits from total unclaimed funds. Under the proposed rule, Atlanta Power and
regulated water utilities would also be allowed to contribute to low income programs, but
possible funding amounts have not yet been identified. Staff does not anticipate that the amount
would be substantial, however. The proposed rule would permit utilities to apply to the
Commission for approval to pay unclaimed deposits to low-income consumer programs instead
of to the State.
COMMISSION DECISION
Does the Commission wish to issue proposed rules as recommended by Staff?
i:udmemos/rule dm 7 04
DECISION MEMORANDUM - 2-JULY 26, 2004
IDAPA 31
TITLE
CHAPTER
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)
RULES 100 TO 199 - DEPOSIT AND CUARANTEE PRACTICES
FOR RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS
(BREAK IN CONTINUITY OF SECTIONS)
108. TRANSFER OF DEPOSIT (RULE 108).
Deposits shall 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
balance (with accrued interest)shall be either transferred to the account for the new location
credited to the customer s current account.
(BREAK IN CONTINUITY OF SECTIONS)
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 ill year after termination of service is presumed abandoned.
02. Financial Assistance Program. 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 file its report of such
abandoned property as required by Section 14-517, Idaho Code, and retain records as required by
Section 14-53 L Idaho Code.
11tH. -- 199. (RESERVED).
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14-508 ESTATES OF DECEDENTS
(7) Co=encing two (2) years after the effective date of this chaPter:every change of beneficiary form issued by an insurance company under
an"'life or endowment insurance policy or annuity contract to
' an insured oowner whose is a resident of this state must request the following infOl'1J1a::tion:
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(Ii) The name of each beneficiary, or if class of beneficiaries is named;'"",the name of each current beneficiary in the class; :;C'(b) The address of each beneficiary; and i::
(c) The relationship of each 'beneficiary to be insured. IT.
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added by 1983, ch. 209 ~ 2, p. 563.
4~~IO. , Stat
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jTIle aban(
~id~f~ if a divi,
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~wp'~r;'\Vi thin j
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ociation regG
:;!r(':~::able as a reI
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~~t. ~h~,~Xj
wn'gr- to claim,
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r.~~~t oftl'
th~ie hav~ been
d~gthe peril
lli~dehds, distr~~o
~i~_the ,peri~
tIre date paymeJ '
iliri:b~came du
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ums are not
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th.a:t have not b
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" (3) The' rum.
;:iminecliately up
ti6n (1) of this
!payable to the c
by the owner, a
the time a subs!
payabl~.
( 4) At the tin
dividend, distril
. a result of tht
presumed aban
(5) This chap
interest enrolle!
dividends, distr
unless the Tecm
owner has not v
in subsection (1
communication:
1992, ch. 21
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Compiler s notes. Former ~ 14-507 wasrepealed. See Compilers notes, ~ i4-501.
14-508. Deposits held by utilities. CO A deposit, including any.""interest thereon, made by a subscriber with a utility to secure payment or
any sum paid in advance for utility services to be furnished, less any lawfuI'
;:1:~deductions, tp.at remains unclaimed by the oWner for more than one (1) year::;""after termination of services for which the deposit or advance payment wa,s jj,jjmade is presumed abandoned.
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(2) The public utilities commission may certify that a utility is partici-:
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pating in a financial assistance program which assists the utility s lowincome and' disadvantaged customers with their utility bills. Upon certifi-' cation to the a dmin~strator, the utility shall pay the funds which would have
been presumed to be abandoned under subsection (1)
of this section to thefiriancial 'assistance program certified by the public utilities 'commission.The utility shall remain obligated to file its report of such abandoned ' c
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property as required by section 14-517, Idaho Code. IT., ~ 14-508, as addedby 1983, ch. 209 ~ 2, p. 563; am. 1997, ch. 399, ~ 5, p. 1262.
, Compiler s notes. Former ~ 14-508 wasrepealed. See Compiler s notes
, ~
14-501.Sections 4 and 6 of S.L. 1997, ch. 399 are
compiled as ~~ 14-504 and 14-512.Sec. to sec. ref. This section is referred to
in ~ 14-524.
14-509. Refund held by
business associations. Except to theextent otherwise ordered by the
court or administrative agency, any sUmthat a business association has been ordered to refund by a court oradministrative agency which has remained unclaimed by the owner
formore than one (1) year after it became payable in accordance with the final
determination or order providing for the refund, whether or not the finaldetermination or order requires any person entitled to a refund to make aclaim for it, is presumed abandoned. (LC., ~ 14-509, as added by 1983, ch.209 ~- 2, p. 563.
Compil~r s notes. ,Former ~ 14-509 wasrepealed. See Compiler s notes, ~ 14-501.Compiler s not!
repealed. See Coml
Sections 1 and 3
compiled' as ~~ 14,
tively.
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