DAR File No. 30802

Public Service Commission, Administration

R746-200

Residential Utility Service Rules for Electric, Gas, Waster, and Sewer Utilities

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 30802
Filed: 12/05/2007, 03:04
Received by: NL

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 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 service and equipment is just, safe, proper, and adequate. Section 54-7-25 provides for penalties referred to in Section R746-200-9.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In 2003, comments were submitted to clearly specify the time parameter with which termination of service may occur following issuance of a 48-hour notice. The commission made a change to the proposed rule to "clarify" that the "15" days referred to in Subsection R746-200-6(G)(2) should be business days to allow the utility company and the customer time to resolve payment issues before the additional 48-hour notice requirement is triggered. In 2004, comments were submitted by Utah Power and Questar asking for further clarification on who is authorized to sign a medical letter and life-support form. They would also like further clarification on "other life supporting equipment." The commission considered the comments and made a change to the rule identifying the specific health care providers who may provide information to continue utility service and clarified what information should be provided to the utility. The change also clarified that the utility will provide the form needed to be used in situations where life-support equipment is used. In 2006, comments were received requesting changes to the Deferred Payment Agreement section. The division scheduled meetings with representatives from Questar, Utah Power, and Utah Electric Cooperatives. The proposed rule amendments agreed to by the representatives were submitted to the commission. The commission held a technical conference to provide an opportunity to discuss the changes with all interested parties, including customer group representatives. The commission amended the rule based on those discussions.

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 service and equipment is just, 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; and therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
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 sbintz@utah.gov

Authorized by:

Sandy Mooy, Legal Counsel