PROPOSED RULES
COMMISSION
Supplemental Notice to WSR 01-02-084.
Preproposal statement of inquiry was filed as WSR 99-08-052.
Title of Rule: Subjects under consideration are: (1) Consumer protection in connection with the disclosure by public utilities of customer specific information; and (2) circumstances under which a utility may refuse to provide service (existing WAC 480-90-056).
Purpose: These rules, both in current and proposed revised forms, have been extensively discussed within the agency and with interested persons and stakeholders outside the agency. Additional analysis and discussion will help to determine whether the proposed rules should be adopted to meet current and foreseeable conditions that affect utilities, customers, and the broader public interest.
Other Identifying Information: Commission Docket No. UG-990294.
Statutory Authority for Adoption: RCW 80.01.040 General, 80.04.160 Rules and regulations.
Summary: See Explanation of Rule below.
Reasons Supporting Proposal: The proposed rule revisions appropriately reflect current and foreseeable needs of utilities, customers, and the broader public. The proposed language serves the intended purpose of serving the public and promoting the well-being of the citizens of the state. The proposed revisions are a result of four stakeholder workshops held in June and October 1999, and May 2000, written comments filed, and discussions with stakeholders and staff.
Name of Agency Personnel Responsible for Drafting: Jim Russell, Policy Research Specialist, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1318; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.
Name of Proponent: Washington Utilities and Transportation Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The provisions currently codified in these proposed rules continue under review in Docket No. UG-990294. The review considers whether substantive changes or additional rules are required. The proposal recommends repealing the existing rules in order to allow the rules to be more effectively organized. Current rules have been reviewed to consider whether they provide the results that they were originally intended to achieve and whether the rules are consistent with laws and with appropriate and lawful policies. New rules have been added to ensure clear communication of policies, processes, and procedures or to provide complete information important to regulated companies and the customers they serve.
Two new rules are being proposed for adoption. One existing rule is being proposed for repeal.
One entirely new rule is proposed, WAC 480-90-153 Disclosure of private information. Proposed new rule WAC 480-90-123 Refusal of service, is the result of combining current rules WAC 480-90-056 Refusal of service and 480-90-121 Responsibility for delinquent accounts.
Proposal Changes the Following Existing Rules: See Explanation of Rule above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The small business economic impact statement was previously filed with the Original CR-102 WSR 01-02-084 on January 2, 2001.
According to the responses to the small business economic impact statement questionnaire, there will be no incremental costs that will result from these rules.
RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.005.328 [34.05.328] applies.
Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on June 27, 2001, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Pat Valentine by June 25, 2001, TDD (360) 586-8203, or (360) 664-1133.
Submit Written Comments to: Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, fax (360) 586-1150, by June 15, 2001.
Date of Intended Adoption: June 27, 2001.
May 23, 2001
C. Robert Wallis
for Carole J. Washburn
Secretary
(a) Providing service does not comply with government regulations or accepted natural gas industry accepted standards;
(b) In the utility's judgment, there are conditions at the
premises that are hazardous, or of such a nature that
satisfactory service cannot be provided;
(c) The applicant or customer does not comply with the utility's request to provide protective devices to protect the utility's or other customers' properties from theft or damage;
(d) The utility is unable to obtain all necessary rights of way, easements, approvals, and permits;
(e) The customer is known by the utility to have tampered with or stolen the utility's property, used service through an illegal connection, or fraudulently obtained service and the utility has complied with WAC 480-90-128(2), Disconnection of service.
(2) Upon request by an gas utility, the commission may waive the utility's obligation to provide new or additional service when to do so would:
(a) Cause an adverse affect on other customers; or
(b) Not be economically feasible.
(3) The utility may not refuse to provide service to a residential applicant or residential customer because there are outstanding amounts due from a prior customer at the same premises, unless the utility can determine, based on objective evidence, that a fraudulent act is being committed, such that the applicant or customer is acting on behalf of the prior customer with the intent to avoid payment.
(4) The utility may not refuse service to a residential applicant or residential customer who has three or fewer prior obligations in any one calendar year. A prior obligation is the dollar amount the utility has billed to the customer and for which the utility has not received payment at the time the service has been disconnected.
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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 480-90-153
Disclosure of private information.
(1) A
gas utility may not use private consumer information, as defined
in subsection (3) of this section, to market services to its
customers, except that the utility may use such information to
market its own energy related services or products.
(2) A utility may not share or sell private consumer information with or to its affiliates, subsidiaries, or any other third party for the purposes of marketing services or product offerings to a customer who does not already subscribe to that service or product, unless the utility has first obtained the customer's written permission to do so.
(3) Private consumer information includes the customer's name, address, telephone number, and any other personally identifying information, as well as information related to the quantity, technical configuration, type, destination, and amount of use of service or products subscribed to by a customer of a regulated utility that is available to the utility solely by virtue of the customer-utility relationship.
(4) This section does not prevent disclosure of the essential terms and conditions of special contracts as provided for in WAC 480-80-335, Special contracts for electric, water, and natural gas utilities.
(5) This section does not prevent the utility from inserting any marketing information into the customers billing package.
(6) Gas utilities may collect and release customer information in aggregate form if the aggregated information does not allow any specific customer to identified.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 480-90-056 | Refusal of service. |