20071025ICAN comments.pdf

Oct 23 07 04: 25p lCAN 2083360997
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1151 QkL.y ~ furq, ID 953fs - Cloo) 678-1709 (2DB)6~
October 24, 2007
Jean D. .I~wcl1
Commission Secretary
Idaho Public Utilities Commission
472 W Washinb':ton
Boise, Idaho 1n702-59R3
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Re: DOCKET NO. 31-2101-0701 g~G ':Y
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The tollov.ing: written comments arc n1adc on bchalfofthe members of the Idaho CoIJJ1ijunity
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Action Nl:twork (ICAN). ICAN petitioned the Commission to make changes to the Custol11l:r
Rdatio115 Rules in 2004. including the ch,tnge to Rnle 311 that the Con:n:nission is l:onsidcring in
this docket. Our members participated in extensiw talks with Commission Stan' and the utility
companies about those rule changes-
We beliew that consumers have the right to participate in deci~ions about changes to the
customer relations rules. It is unacceptable that the Commission held meetings to disl:u::;s these
changes with the utility companies this summer, hut did not incorporate public hearings into the
schedule to allow the public the same opportunlty. We have withdrawn our request to hold
public hearings at this time, bel:allsc we understand that holding hearings would prevent the
Legj~bture from col1sidering these rule changes in 200S. We expect that the Commission wi!!
consider the need!!.)r public hearings in future rulemaking processes.
Rule 311: Friday Shutoffs
ICAN supports the proposed change to Rule 311. We proposed thatlhe Commission end Friday
shutoffs in our 2004 petition and continuc to believe that this change is nccded. Fees for
recOlmectioD on weekends an:: higher than the fees for reconneClion during the business week.
Shutting ofr a family s POWl:f 011 a Friday places them in an impossible situation of having to
choose between paying a high /'econnection fee. on top of the bill they were l.mable to pay in the
first place. or freezing through an Idaho winter weekend. Oregon , where Idaho Power, Avista
and Utah Power (Pacific Corp) also serve customers, docs not allow shuloJ1's on Fridays.
During discussions of the 2004 rules ch~mgc petition. representatives from Lhe utilitil:S said that
their companies already limited the number of shutotTs On Fridays, so cnding the practice of
Friday shutoffs would not have a huge impact on theit ability to do business. Amending the rule
to prohibit shutoffs on Fridays wil1 help low-income Idaho utility consumers at no real cost to the
uti I ities.
I Oregon Administrmive RlJle~ 860-02 t -0320.
Oct 23 07 04: 26p lCAN 2083360997
Rule 300: Written notice through electronic mail-
JCAN opposes the proposed change to Rule 300., which wou.ld ~ldd thc section "Written notice
may I)\:; provided by electronic ami! (i.e.. e-mail) ifthe customer is billcd electronically and
conscnts to electronic notificaticm:' to the definition ofwriuen notice.
ICAN leaders havc testified that the rnnil service in Tdaho i~ slow and that written notice~ often
cia not arrive on time. so notification bye-mail , ;ltl1rst glancc. secms llke a good idea. But
ICAN members ' experiences with online hilling services create some conccrns. Some utility
company wcbsites do not allow a customer to use the online bill payer option occasionally, or
only once. Instead , in order to proceed with :1 single transaction, the customer if; required to
consent" to future online billing by checking a box ,lccompanicd by extensive fine )1r111t
explaining th~t the customer i~ giving up the right to written statements and notices.
A Cl.lstomer who uses the ontinc billing option OnCe to save time fInds hersclf1oeked in, without
realizing it, to the electronic billing and notification option . This is a problem because many
low-income Idalloans do not have cornputcrs 01' int~mel al:CCSS at home and are unable to check
c:mail daily or even weekly.
The Commission should not al1ow utilities to replace writt~n notices with electTOJlk notices.
Notices bye-mail may bc a good supplementary option for utilities to use to ensure that
customcrs receive written notice, hut it should not be the only form of written notice that they
send out to a household bdbrc turning offtheir power.
other Needed Rule Changes
While eliminating shutoffs on Fridays is a good first step. the proposed changes to the Customer
Relations Rules do not go far enough. Idaho utility conSUmers need Illorc protections from
utilities, including:
Expanding and Strengthening the Winter Moratorium (Rule 306)
The winter monltOr1Um is the primary protection for vuh1crablc low-income ramili~s. It prevents
utility companies From shutting off power forfal11ilies with children, seniors~ and people with
illnesses or disahilities between December and February. But Idaho winters arc longer than that,
with temperatures at or close to n'ee;r.ing around the state from November through ApriL The
Commission should extend the winter moratorium frolll November through Marc.h. Utilities
~houlc1 also be I'equired to connel:t moratorium-eligible customers during the winter moratO1ium
if their power wa.~ shut olTbcforc the moratoril.lm began.
Strengthening the Medical Certificate (Rule 308)
The Mcdic,l1 Certificate Rule prevents ,t utility II-om ~hutting. off a customer s power for 30 days
after the customer provides a certificate from a doctor or a public health of'llci::tl saying that
someone in the household is seriouf;ly ill or has a medical cmerg~ncy, or that the person will
becon1l: seriously it! 01' have a medieall:1i1ergcncy ifthc power goes off. "J11C shutoff can
postponed for 30 mOre days with another ccrti fieate.
Oct 23 07 04: 26p lCAN 2083360997
This forces low"income cw;tomcrs with hea1th prookms to return to their health care provider
every month to get a IK~W ct:rtiJicat10n that their health condition has not changed. This makes
no sense when the customc" has a chronk condition that the provider can certify willnOL
improve, and eosts the~e customers a great deal of time, energy. and money- When a customer
has a chronic condition that makes it dangerous for them LO risk having th~ir power shut off, the
customer should be permitted to submit a medicuJ certificate yearly. When the customer
condition is not chronic but will continue flw more than a month, the cui;tomer should be
permitted to submit one certification from th(:;ir health care provider explaining how long the
customer s eol1c1ition can be expected LO last. This change will benefit customers and their health
care providers, and save utilities the red tape involved in monthly updates.
Language Access
People who speak languagcs other than English are an important part, and numcrically
significant portion, orldaho s eonul1unities, and ofthc utilities' custOll1l:rs. The U.S. Census
13urcau s 2006 American Community Survey linds that 136.755 Idahoans over the age of five. or
10 percent of Idahoans over the age of l1ve, spcak a language other than EngJlsh at home. But
the put's rules do not recognize the necessity of accomniodating these customers with materials
in languages other than English. The POC should amend the customer relations rules to rcquirc
utilities to translate critical coJTespondencc, including shutoJTnotices and the summary of the
ru1es, in languages other than Englishr~)r customers who request them. Additionally, each bill or
notice sent out to customers should include a bricf st-Dtement in Spanish and othcr common
languages spoken in the utility s service area that expJains how the customer can conLaet the
utility to obtain a written translation or speak with n customer service representative in a
language other than English,
Sincmcly,
HCllU(fl'"La.., t:Q '?;JYu.
Rowena Pineda
Executive Director