DAR File No. 42305
This notice was published in the December 1, 2017, issue (Vol. 2017, No. 23) of the Utah State Bulletin.
Public Service Commission, Administration
Residential Utility Service Rules for Electric, Gas, Water, and Sewer Utilities
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 42305
Filed: 11/06/2017 03:07:01 PM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Section 54-4-1 authorizes the Public Service Commission (Commission) to regulate every public utility in Utah and supervise the business of those public utilities necessary to accomplish that regulation and supervision. Section 54-4-7 requires that the Commission provide rules to ensure that utility services and equipment are just, reasonable, safe, proper, and adequate. Sections 54-7-25 and R746-200-10 allows penalties to be imposed against public utilities.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
Prior to filing the proposed amendment on 04/09/2013, the Commission held a meeting on 02/04/2013 to review comments regarding Section R746-200-7. AARP, Crossroads Urban Center, Division of Public Utilities (Division), Office of Consumer Services (Office), Rocky Mountain Power (RMP), and Questar (QGC) urged the Commission to take a cautious approach while amending the rule. All parties suggested focusing on goals providing transparency and clear communication to the public. They also suggested language changes to Section R746-200-7. The amendment, DAR No. 37508, was submitted on 04/09/2013 proposing termination of utility service in situations involving medical issues be updated and clarified. The rule change: 1) added definitions; 2) codified some current practice; 3) clarified a distinction between situations involving a "serious illness or infirmity" and those involving, the "life-supporting equipment"; and 4) outlined the procedures and restrictions on termination of utility service in both situations. The Division submitted comments agreeing with the amendment submitted, but made one suggestion to clarify certain language. The Division recommended the amendments to Rule R746-200 be approved upon the effective change to Subsection R746-200-7(D)(1)(b). QGC submitted comments proposing language changes to Subsection R746-200-7(D)(2)(h) adding the period of service be included throughout. RMP submitted comments proposing the amended Subsection R746-200-7(A)(3) be revised to require a written statement signed by the licensed medical provider, and including the required information previously identified in Subsections R746-200-7(A)(2), R746-200-7(A)(3), and R746-200-7(D)(2). DAR No. 37508, a Change in the Proposed Rule, was submitted on 07/30/2013, no comments were submitted. DAR No. 38644, an amendment, was submitted on 06/23/2014. This proposed amendment clarified the rights of customers and the responsibilities of public utilities, and maintains oversight by both the Division and the Commission through the existing and unchanged informal and formal complaint process. RMP thanked the Commission for the opportunity to provide comments to the proposed amendment. No other comments were received. DAR No. 39246, an amendment was submitted on 03/30/2015. This proposed amendment was designed to provide affected customers with the same right to request a hearing while eliminating some of the paperwork and filing requirements. AARP submitted comments and voiced concerns of changing current procedures of disconnecting service. Elimination of requiring notice to the customer from the Commission was concerning to AARP. AARP supported continuing this policy. The Office recommended the Commission proceed with housekeeping modifications and reconsider the importance of the Division's role in the termination process. RMP thanked the Commission for the opportunity to provide comments and expressed that the proposed rule establishes a reasonable timeframe for notice. The Division explained their process of notifying customers since the rule was modified and the certified mail process. DAR No. 40472, an amendment, was submitted on 06/08/2016. The purpose of this amendment was to clarify the requirements that must be met before a public utility may terminate service to a customer. RMP appreciated the opportunity to provide comments and supported amending rules regarding the noticing requirements for proposed termination of service in homes with life support equipment. DAR No. 41337, an amendment, was submitted on 03/02/2017. The purpose of this proposed amendment was to update the rule to allow utilities to send the initial required notice of termination by electronic mail to those customers who opted into the utilities' paperless electronic billing system. No comments were received from this amendment.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
The Commission must continue to regulate every public utility in Utah, and provide rules to ensure that utility services and equipment are just, reasonable, safe, proper, and adequate. Rule R746-200 establishes and enforces utility residential service practices and procedures such as eligibility, deposits, account billing, deferred payment agreements, termination, review of consumer complaints, and penalties. Therefore this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Public Service Commission
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at firstname.lastname@example.org
- Melanie Reif at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at email@example.com
Melanie Reif, Legal Counsel
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20171201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at firstname.lastname@example.org; Melanie Reif at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.