HomeMy WebLinkAbout20051103_1378.pdfDECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:BEVERLY BARKER
DATE:NOVEMBER 1, 2005
RE:PROPOSED AMENDMENTS TO THE COMMISSION'S UTILITY
CUSTOMER RELATIONS RULES, IDAPA 31.21.01
On October 5, 2005, the Commission issued proposed rules that were published in the
Idaho Administrative Bulletin. The Commission proposed amendments to Rules 305, 306, 311,
and 701 (attached). A public hearing concerning the proposed rules was held on October 19,
2005. Comments were due on October 26,2005. Comments were received from Avista, Idaho
Power, Intermountain Gas, the Idaho Community Action Network, the Commission Staff, and
members of the general public.
BACKGROUND
On July 22,2004, the Idaho Community Action Network (ICAN) fied a "Petition for
Rule Change." More specifically, ICAN proposed changes to six existing rules and the adoption
of one new rule, all found in the Commission's Utility Customer Relations Rules, IDAP A
31.2 1.01. In response to ICAN's Petition, the Commission initiated a negotiated rulemaking so
that interested persons would have the opportunity to discuss the merits of the proposed changes
and determine whether there is consensus on the proposed changes or alternatives to the
proposed changes. Public workshops were held in Boise and Coeur d Alene on October 21 and
26, 2004, respectively.
Following the workshops, Staff recommended that the Commission propose amendments
to Rules 305, 306, 311, and 701. Staffs recommendations differed from the revisions originally
DECISION MEMORAUM - 1 -NOVEMBER 1, 2005
proposed by ICAN. At its Decision Meeting on August 16, 2005, the Commission accepted
Staff s recommendation.
PUBLIC TESTIMONY AND CUSTOMER COMMENTS
Public testimony was received from eleven customers on various issues, with most
offering personal stories to support their recommendations. In addition, 252 signed form letters
were presented to the Commission.
Although everyone who testified supported the proposed rules, at least three people said
the Commission's rules needed to be strengthened even more. One person commented about the
price and availability of natural gas and expressed concern that at least 100 people in Idaho will
not live through the winter.
Three customers testified that the moratorium period should be extended to include the
months of November and March because the weather is cold during those two months as well.
One expressed concern about water pipes freezing as creating additional diffculties for
customers who are disconnected. Another said that customers who get utilities turned off just
before the current moratorium may not be able to get it restored for the winter heating season.
Two customers who testified were concerned about existing Rule 308 that prohibits
disconnection for a 30-day period if a customer provides the utility with a medical certificate.
One stated that 30 days is not enough time to raise the money to pay the bill and proposed
extending it to at least 90 days. The other said doctors didn't like to provide medical certificates
every 30 days. i In its written comments, ICAN urged the Commission to "change the medical
certificate exception to allow renewable six or 12 month certificates". Staff notes that the
Commission has not proposed to change the rule referred to in these comments.
The Commission received eight written comments in addition to the 252 form letters.
The form letters supported the proposed rules. In particular, they supported: (1) adding
LlHEAP eligibility to the criteria already contained in the rules; (2) including moratorium
information on notices during the heating season; and (3) prohibiting shut-offs the day before a
holiday. Other suggestions included adding a warning in Spanish to termination notices,
1 Under Rule 308, a utility must accept a medical certificate and provide the customer 30 days in which to payor
make payment arangements. A second certificate for an additional 30 days may be accepted at the utility's
discretion.
DECISION MEMORAUM - 2 -NOVEMBER 1, 2005
prohibiting termination on Fridays, and requiring service to be reconnected during the
moratorium period if it is shut off before December 1 st. Five of those who submitted written
comments wanted the winter moratorium extended from November through March; one
proposed extending it from October through ApriL. Another commenter stated utilities should
not be turned off when there are children in the home.
WRITTEN COMMENTS FILED BY INTERESTED PARTIES
Proposed Changes to Rule 306
A. Addzng LIHEAP to Ellgzbzlty Crzterza
Under the existing provisions of Rule 306, gas and electric utilities are prohibited from
terminating service during the months of December through February to any residential customer
who declares that he or she is unable to pay the utility bill in full and there are children, elderly
or infirm persons in the customer's household. The current policy balances the needs of certain
vulnerable customers to retain service during the coldest winter months with utilities' need to
receive payment in full during each of those months. However, it does not offer any protection
to customers who may simply be unable to afford to pay their winter heating bills in fulL.
The Commission proposed to revise Rule 306 by expanding the eligibility criteria for the
moratorium to include residential customers receiving LlHEAP benefits. ICAN, the
Commission Staff, and Idaho Power supported adoption of this revision. A vista and
Intermountain Gas recommended that this rule not be adopted.
A vista stated that in 2004, only 46% of its LlHEAP customers received their grant during
the months of December, January and February. The Company observed that those customers
who do not get an appointment with the local community action agency offce in order to submit
an application "early on in the heating season would be unfairly treated under this new rule as
opposed to those customers that receive the first appointments." Commenting on ICAN's
original proposal to add two additional months (November and March) to the moratorium, Avista
maintains that customers "could find themselves in financial situations that could become
diffcult, if not impossible to catch up".
Intermountain Gas expressed concern that the proposed rule change "significantly
expands the focus of Winter Moratorium away from the health and safety of those with little or
no control over their payment status to a much broader program of low-income assistance". It
DECISION MEMORAUM - 3 -NOVEMBER 1, 2005
argued that it does not fulfill the four goals2 of the Winter Moratorium that the Commission has
articulated in the past. The Company also reiterated its support for requiring minimum monthly
payments to avoid termination of service.
Idaho Power supported the proposed rule. To clarify the rule, the Company recommends
that the reference to "current program year" be defined as the months of November through
February.
ICAN supported the rule as proposed but expressed disappointment that it does not
include the addition of November and March to the moratorium period. ICAN also noted that
undocumented immigrants are not eligible for LlHEAP benefits.
Staff supported the proposed rule, noting that escalating energy prices are taking a bigger
bite out of household budgets and that low income customers are hit the hardest by price
increases. Staff indicated that for this winter, the maximum LlHEAP benefit amount has
decreased by over $ 1 50 compared to the previous heating season. Staff maintained that although
the vast majority ofLlHEAP recipients in Idaho would be covered under the existing eligibility
criteria for the moratorium, there are some LlHEAP recipients, including handicapped adults and
low income wage earners (also known as "the working poor") who are unable to keep up with
their winter heating bills but do not qualify for moratorium protection under the current rule.
Staff believed that the proposed rule is consistent with the Commission's stated goals for the
moratorium and will not significantly impact utility bad debt or place an unreasonable burden on
affected utilities.
Staff disagreed with Idaho Power's proposal that a definition of "current program year"
be included in Rule 306. The proposed rule adds to the eligibility criteria residential customers
who receive "financial assistance through the Low Income Home Energy Assistance Program
(LlHEAP) during the current program year". The Department of Health and Welfare determines
when the program will start and end each year. It does not necessarily coincide with the months
covered under the moratorium or the Winter Payment Plan. Staff does not think it necessary to
2 In 1987, the Commission ariculated four goals for its winter moratorium policy:
1) preserve public health and safety by limiting the circumstances under which
service may be terminated during winter months; 2) encourage the development of
good payment habits by customers; 3) provide relief from impossible financial
obligations; and 4) facilitate collection of problem accounts. General Order No. 177.
Although nearly 15 years have passed, we believe that these goals are still relevant
today. Order No. 29165 at 8.
DECISION MEMORAUM - 4 -NOVEMBER 1, 2005
include a definition of "current program year" in this rule, especially since it is beyond the
control of either the Commission or the utilities to determine what months should be included.
COMMISSION DECISION
1. Does the Commission wish to adopt Rule 306.01 and 306.03 as proposed?
2. Should Rule 306.01 be modified to include a definition of "current program year" as
proposed by Idaho Power?
B. Modifcattons to Wznter Payment Plan
Idaho Power, Avista, and the Commission Staff support the revised rule, which
eliminates monetary restrictions on when a customer can participate in a Winter Payment Plan.
(Under the Winter Payment Plan, a customer pays one half of the regular Level Pay Plan
amount.) Rule 306.03 currently restricts participation in succeeding years to those customers
with a balance owing as of November 1 that does not exceed $75 or the amount of the
customer's previous monthly billing, whichever is greater.
Intermountain Gas opposed this change, stating "any balance carried into this Plan would
simply compound the customer's financial obligation due at the end of the Plan year". The
Company also maintained "a space-heating only RS-1 customer could conceivably participate
year after year without ever being required to bring their account current".
COMMISSION DECISION
1. Does the Commission wish to adopt Rule 306.06 as proposed?
C. Customers and appllcants who move
ICAN and the Commission Staff support the proposal to require utilities to provide
service to customers and applicants who move to a different location during the moratorium
period. Avista, Idaho Power and Intermountain Gas support changes to Rule 306.08 to require
energy utilities to provide service to a customer who had previously signed up for the
moratorium and subsequently moved to another location within the same utility's service
territory during the months of December through February, regardless of the customer's payment
history or the fact that a balance was owing. However, A vista, Idaho Power and Intermountain
DECISION MEMORAUM - 5 -NOVEMBER 1, 2005
Gas do not support the requirement contained in Rule 306.09 that energy utilities, under certain
conditions, provide service to an applicane during the moratorium period regardless of past
payment history or an unpaid bill owing at the time of application for service.
Idaho Power referred to the definitions of "customer" and "applicant" contained in the
current rules and stated "it is important to preserve the clear distinction that currently exists
between a customer and an applicant". It indicated that it was neither necessary or prudent "to
create a new rule that extends to applicants a guarantee of service, regardless of any outstanding
balance owed, for up to 20 days beyond the expiration of customer status." Comments submitted
by A vista and Intermountain Gas echoed these concerns.
ICAN noted, "it would be terrible for a family to be stuck in a bad or dangerous housing
situation because it was the only way to keep the heat on". It also advocated that utilities should
be required to connect service to moratorium eligible families who had been disconnected before
the beginning of the moratorium (December 1).
Staff maintained that Rule 3 06.09 "would provide a narrow exception to the general rule
requiring applicants to pay outstanding bills prior to receiving service and would allow both
customers and applicants who had been protected by the moratorium prior to moving to retain
that protection at a new residence". Staff argued that failure to adopt Rule 3 06.09 as proposed
would mean that "someone who moves and has a gap in service of 10 days or less (a "customer")
will be treated more favorably than someone who moves and has a gap in service of more than
10 days but less than one month (an "applicant")".
COMMISSION DECISION
1. Does the Commission wish to adopt Rule 306.07, 306.08, and 306.09 as proposed?
Proposed Changes to Rule 305
A. Informatton about moratorzum and payment plans on termznatton nottces
Avista, ICAN, and the Commission Staff support the proposed amendment. As
proposed, the rule would require disconnection notices issued during the months of November
through February by electric and gas utilities to either include or be accompanied by information
3 "Applicant" is defined as "any potential customer who applies for service from a utility". A customer who moves
from one location to another continues to be considered a customer if he or she had received service from that utility
DECISION MEMORAUM - 6 -NOVEMBER 1, 2005
about the winter moratorium and the availability of payment plans, including level pay and the
winter payment plan. Idaho Power supported the revised rule, but suggested that the rule be
further revised to specify that the information needs to be provided to residential customers only.
Staff agrees with Idaho Power's suggestion.
COMMISSION DECISION
1. Does the Commission wish to adopt Rule 305.02 as proposed?
2. Does the Commission wish to further amend the proposed rule as proposed by
Idaho Power to clarify that information on the moratorium and the Winter
Payment Plan only needs to be provided to residential customers?
B. Exact ttme of dzsconnectton
The Commission did not propose to amend Rule 305 to require utilities to identify the
exact date and time of disconnection. However, ICAN recommended that such a change be
made. A customer who testified at the public hearing stated that customers need to know when
service was scheduled for disconnection so that they could plan accordingly and hopefully
prevent it from happening. In its comments, both Staff and A vista indicated it did not support
such a requirement. Staff stated that such a requirement could have the "undesirable impact of
encouraging customers to put off paying, making payment arrangements, or seeking financial
assistance until the last possible minute". Staff also observed that "customers who wait to pay at
the door immediately prior to disconnection increase both their own costs (there is a fee assessed
if an energy utility collects payment at the customer's premises) and general ratepayer costs (the
fee does not pay all utility costs associated with a collection visit)".
COMMISSION DECISION
1. Does the Commission wish to further revise Rule 305 to require utilities to identify
the exact date and time of disconnection on disconnection notices?
C. Languages other than Engllsh
within the past ten (10) calenda days. See UCRR 5.
DECISION MEMORAUM - 7 -NOVEMBER 1, 2005
Although not part of the proposed rule, ICAN urged the Commission to require utilities
to include warnings on disconnection notices in languages other than English, noting that Oregon
requires such warnings. Several people at the hearing recommended that utilities provide
disconnection notices and bills in Spanish and other languages.
A vista indicated that it does not support ICAN's proposal. Staff also opposed adding
such a requirement, stating that simply requiring utilities to create separate notices and bills in
Spanish4 or other languages will not resolve the larger issue of accommodating customers who
speak languages other than English.
Rather than make additional changes to Rule 305 at this time, Staff recommended that
the Commission initiate a separate investigation into how best to address the needs of utility
customers who do not speak English. An investigation would include an analysis of what steps
have already been taken by utilities, such as employing Spanish-speaking customer service
representatives, having Spanish-language menu options on utility Call Center interactive voice
response systems, and using on-call third-party translation services to communicate with
customers via telephone.
COMMISSION DECISION
1. Does the Commission wish to further amend Rule 305 to require utilities to include
warnings on disconnection notices in languages other than English?
2. Alternatively, does the Commission wish to direct Staff to initiate an investigation
into how best to address the needs of utility customers who do not speak English?
Proposed Changes to Rule 311
A. Dzsconnectton on days before holldays
Avista, Idaho Power, ICAN, and the Commission Staff support the proposal to prohibit
disconnection on days before holidays. Very few, if any, involuntary disconnections are
scheduled around the Thanksgiving, Christmas, and New Year's Day holidays. Five other
holidays (Martin Luther King Jr Day/Idaho Human Rights Day, President's Day, Memorial Day,
4 The 2000 U.S. Census shows that the majority ofIdahoans (91 %) speak only English at home. Of the 111,879
Idaho residents who speak a languge other than English at home, 77% also speak English well or very well. The
foreign language most often spoken in Idao homes is Spanish; almost 7% of the state's population (80,241 people)
speak Spansh at home.
DECISION MEMORAUM - 8 -NOVEMBER 1, 2005
Labor Day, and Columbus Day) occur on Mondays; the current rule already prohibits
disconnection on weekends. The combination of current practice and Monday holidays means
that prohibiting disconnection on the day before the remaining two holidays (Independence Day
and Veteran's Day) is most likely to affect utilities.
Intermountain Gas opposed this change, stating that IGC staff is available to reconnect
service on Friday evenings, weekends, and holidays. The Company also pointed out that
"customers have 24-hour access to other sources of funds such as ATMs, credit cards, debit
cards, etc."
COMMISSION DECISION
1. Does the Commission wish to adopt Rule 311 as proposed to prohibit disconnection on
days before holidays?
B. Dzsconnectton on Frzdays
Under the current rule, disconnection is allowed between 8 a.m. and 2 p.m. on Fridays.
The Commission proposed to prohibit disconnection after 12 noon on Fridays. Idaho Power and
A vista support this proposal.
ICAN supported the proposal, but urged the Commission to go further and prohibit
disconnection all day on Fridays "so that working people do not come home on Friday to a cold
house and have to pay the extra fee to connect over the weekend or go cold". At the public
hearing, two people testified in favor of prohibiting Friday disconnections, saying it was diffcult
for customers to negotiate with utilities or attempt to secure financial assistance to either avoid
disconnection or get reconnected on Fridays.
Intermountain Gas opposed any change to Rule 3 1 1. The Company noted that most
banks are open on Saturday morning and that customers have not complained about not being
able to get funding until after the weekend. Intermountain indicated that "further restricting the
Company's time to perform disconnect work would increase the Monday through Thursday
workload". According to the Company, 15% of all disconnections are done on Fridays, with
25% of disconnections scheduled for Fridays being performed between noon and 2 p.m.
DECISION MEMORAUM - 9 -NOVEMBER 1, 2005
At a minimum, Staff supported the Commission's proposed 12 noon deadline for Friday
disconnections. Staff noted that all of our neighboring states (Montana, Oregon, Washington,
Utah, Nevada, and Wyoming) prohibit disconnection all day on Fridays.
COMMISSION DECISION
1. Does the Commission wish to adopt Rule 311 as proposed to prohibit disconnection
after 12 noon on Fridays?
2. Alternatively, does the Commission wish to further amend Rule 311 to prohibit
disconnection at any time on Fridays?
Proposed Change to Rule 701
Avista, Idaho Power, ICAN, and the Commission Staff supported the proposed revisions
to Rule 701. Staff noted that it is developing model rule summaries, including Spanish language
translations, in order to provide guidance to utilities. Idaho Power pointed out that it already
makes its rule summaries for all customer classes available in Spanish.
COMMISSION DECISION
1. Should the Commission adopt Rule 701 as proposed?
OTHER ISSUES
Although the Commission is not proposing to do so at this time, ICAN argued that the
Commission should change the process of notifying customers of pending disconnection by
revising Rule 304 to require utilities "to send out notices 14 days, rather than 7 days, before
shutoffs, and requiring the utilities to make two documented attempts to contact the household
by phone or in person". ICAN indicated it would participate in further informal discussions
about the notification process, but emphasized that "a rule change, rather than a voluntary
agreement that the utilities can walk away from any time, is needed". While not necessarily
opposing ICAN's original proposal, Staff previously indicated that a more complete review of
utilities' notification procedures was preferable to making piecemeal changes under the current
DECISION MEMORAUM - 10 -NOVEMBER 1, 2005
rulemaking proceeding. Staff agrees with ICAN that, ultimately, another rulemaking will be
necessary to address notification procedures.
Beverly Barker
Technical Staff:Beverly Barker
Nancy Hylton
Marilyn Parker
lCAN decision memo Nov 2005
DECISION MEMORAUM - 11 -NOVEMBER 1, 2005
IDAPA 31
TITLE 21
CHAPTER 01
31.21.01 - CUSTOMER RELATIONS RULES FOR GAS,
ELECTRIC AND WATER PUBLIC UTILITIES REGULA TED
BY THE IDAHO PUBLIC UTILITIES COMMISSION
(THE UTILITY CUSTOMER RELATIONS RULES)
305.CONTENTS OF NOTICE OF INTENT TO TERMINATE SERVICE (RULE 305).
01. Contents of Notice.
required by Rule 304 shall state:
The written or oral notice of intent to terminate service
(7 1 93)( )
()a. Reasons For Termination. The reason(s), citing these rules, why service will be
terminated and the proposed date of termination; (7 1 93)( )
ttb. Actions To Avoid Termination. Actions the customer may take to avoidtermination of service; (7 1 93)( )
()c. lVIedical Certificate. That a certificate notifying the utility of a serious illness or
medical emergency in the household may delay termination as prescribed by Rule 308. (7 1 93)()
ttd. Filing Complaints. That an informal or formal complaint concerning termination
may be fied 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
(7 1 93)( )
OSe. Payment Arrangements. That the utility is willing to make payment arrangements
(this statement must be in bold print on written notices). (7 1 93)( )
ttf: Partial Payments. 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. (3 30 01)( )
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 shall include or be accompanied by an explanation of restrictions on termination
of service and the availability of the Winter Payment Plan described in Rule 306. ()
306. TERMINA TION OF RESIDENTIAL GAS AND ELECTRIC SERVICE --
WINTER PAYMENT PLAN (RULE 306).
01. Restrictions on Termination of Service to Certain Households \Vith 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, or receives financial assistance
through the Low Income Home Energy Assistance Program (LlHEAP) during the currentprogram year. (7 1 93)( )
02.Definitions for This Rule. For purposes of this rule:(7-1-93)
a. "Children" are defined as persons eighteen (18) years of age or younger, but
customers who are emancipated minors are not children under this rule. (7-1-93)
b."Elderly" arc dcfincd as means persons sixty-two (62) years of age or older.
(7 1 93)()
c. "Infirm" arc dcfincd as means persons whose physical health or safety would be
seriously impaired by termination of utility service. (7 1 93)( )
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, or receives financial assistance through the Low
Income Home Energy Assistance Program (LlHEAP) during the current program year mH shall
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.
(7 1 93)()
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 mH shall be calculated according to Rule 313.06.(7 1 93)( )
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
mH shall either pay this balance or negotiate a new payment arrangement:-~ (7 1 93)( )
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 payor make payment arrangements on or after these dates may result intermination of service. (7 - 1 -93)
06. Successive Participation in Winter Payment Plan. A customer 'Nho participatcs
in a 'Nintcr Paymcnt Plan onc (1) ycar must shall be allowed to participatc establish a Winter
Payment Plan in the succeeding years if the customer has honored the payment arrangements an
thc balancc o'Ning as of Novcmbcr 1 docs not cxcccd scvcnty fivc dollars ($75) or thc
customcr's utility bill for thc prcvious thirty (30) days, '.vhichcvcr is grcatcr made under a Winter
Payment Plan for the prior year. Ho'.vcvcr, thc utility is not rcquircd to conncct or rcconncct thc
scrvicc of a customcr or applicant '.vho docs not currcntly havc utility scrvicc and ovv'cs an
unpaid, undisputcd bill to thc utility. (7 1 93)( )
07. Unoccupied Residences,- - Failure or Refusal to Applv 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.
Nothing in this rulc rcquircs thc utility to conncct scrvicc for a customcr 'Nho o'.vcs moncy on an
cxisting account '.vhcn that customcr movcs to a nc'.v rcsidcncc that docs not currcntly havcscrvicc. (7 1 93)( )
08. Customers Who Move. During the months of December. January and February, a
gas or electric utility shall continue to provide service to any residential customer who made a
declaration as provided for in Rule 306.01 and subsequently moves to a new residence served by
the same utility, regardless of any outstanding balance owed by the customer. If service is not
connected at the new residence, service shall be connected as soon as possible after the customer
requests service at the new residence. ( )
09. Applicants Previously Served. During the months of December. January and
February, a gas or electric utility shall provide service to any residential applicant who made a
declaration as provided for in Rule 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 be connected as soon as possible after the applicant requests service at the newresidence. ( )
(BREAK IN CONTINITY OF SECTIONS)
311. RESTRICTIONS ON TERMINATION OF SERVICE -- OPPORTUNITY TO
AVOID TERMINATION OF SERVICE (RULE 311).
01. When Termination Not Allowed. Service shall not be terminated on any Friday
after 12 r: noon, or on Saturday, Sunday, legal holidays recognized by the State of Idaho, or
aftcr 2 p.m. on any day immediately preceding any legal holiday, or at any time when the utility
is not open for business, except as authorized by Rules 303.01 and 303.02. Service may be
terminated between the hours of 4 p.m. and 9 p.m., Monday through Thursday, if the utility is
unable to gain access to the customer's meter during normal business hours. Unless otherwise
authorized by this rule, Rules 303.01 and 303.02, or the affected customer in writing, service
may be terminated only between the hours of8:00 a.m. and 4:00 p.m. (5 3 03)( )
02. Personnel to Authorize Reconnection. Each utility shall have personnel
available after the time of termination who are 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 the customer requests reconnection. (5-3-03)
03. Opportunity to Prevent Termination of Service. Immediately preceding
termination of service, the employee designated to terminate service shall identify himself or
herself to the customer or other responsible adult upon the premises and shall announce the
purpose of the employee's presence. 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 be authorized to accept full payment, or, at
the discretion of the utility, partial payment, and in such case shall 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 at the time of termination. (5-3-03)
04. Notice of Procedure for Reconnecting Service. The employee of the utility
designated to terminate service shall give to the customer or leave in a conspicuous location at
the service address affected 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. (5-3-03)
05. No Termination While Complaint Pending. Except as authorized by order of the
Commission or of the Judiciary, service shall not be terminated for failure to pay amounts in
dispute while a complaint fied pursuant to Rule 402 is pending before this Commission or while
a case placing at issue payment for utility service is pending before a court in the state ofIdaho.
(7-1-93)
(BREAK IN CONTINITY OF SECTIONS)
701.SUMMARY OF RULES (RULE 701).
01. Summarv to Be Provided to Customers. Each utility must makc availablc shall
provide 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 offces of
the utility in Idaho and provided to each new customer upon commencement of service. ( )
02. Contents of Summary. The summary scnt by gas and elcctric utilitics must shall
include or bc accompanicd by information cxplaining thc Third Party Notification Program
dcscribcd in Rulc 307 and the following information: ( )
a.An explanation of the conditions under which the utility may request a deposit:()
b.An explanation of the conditions under which the utility may deny or terminate
( )service:
~ An explanation of how termination of service may be postponed due to serious
illness or medical emergency (residential customers only): ( )
d. aA statement of the utility's willingness pursuant to Rulc 311 to make payment
arrangements to assist customers having diffculty paying their utility bills; ()
~An explanation of how to fie a complaint with the utility and the Commission: and
( )
f. A statement that termination of service is prohibited while a complaint is pending
with the Commission or with a court in the State ofIdaho. ( )
03. Summarv for Gas and Electric Customers. The summary provided by a gas orelectric utility also shall include the following information: ( )
a. An explanation of restrictions on termination of service and the availability of the
Winter Payment Plan described in Rule 306 (residential customers only). ( )
b. An explanation of the Third Party Notification Program described in Rule 307
(residential customers only): and ( )
~An explanation of the availability of the Level Pay Plan described in Rule 313.()
04. Model Summaries. Forcign languagc summarics of thc rulcs Model Rules
Summaries, including Spanish language translations for residential customers, shall be provided
by the Commission to th utilities and other interested parties must bc madc availablc to
customcrs, civic organizations, ctc., on upon request. (7 1 93)( )