- BEFORE THE PUBLIC SERVICE COMMISSION OF UTAH -

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ISSUED: August 2, 2005

By The Commission:

                        This matter came on for hearing before the Commission’s Administrative Law Judge on July 20, 2005. Petitioner PacifiCorp, dba Utah Power & Light Company, was represented by Keven Hoopiiaina. Respondent Jennifer Romero failed to appear.

                        At the hearing, Petitioner stated it has not entered into a payment plan with Respondent but that it would be interested in doing so to avoid termination of Respondent’s electric service. Petitioner stated it is willing to enter into a twenty-four month equal time payment plan whereby Respondent pays a monthly equal time payment equal to Respondent’s average monthly bill of $120.00, plus $42.00 toward the past due balance on the account, for a total payment of $162.00 per month. Respondent’s first payment under this payment agreement would be due August 22, 2005, which is the next scheduled payment due date on Respondent’s account. An additional down payment of $100.00 would also be due on August 22, 2005.

                        Petitioner renewed its request, based on Respondent’s payment history, that it be authorized to terminate Respondent’s service should Respondent fail to enter into or comply with the terms of any payment plan going forward. Petitioner also indicated Respondent had previously scheduled an appointment to apply for financial assistance from the HEAT program, but had failed to appear for that appointment. Petitioner requests Respondent be directed to seek financial assistance through HEAT and the American Red Cross.

                        Therefore, based upon the foregoing information, and for good cause appearing, the Administrative Law Judge enters the following proposed

ORDER

NOW, THEREFORE, IT IS HEREBY ORDERED, that:

            1.         Petitioner shall contact Respondent and offer a deferred payment plan as outlined above.

            2.         Respondent is directed to pursue assistance from the HEAT program, Red Cross, and other available assistance programs. If lump sum payments are made to Petitioner from any assistance program, these payments shall be applied to the then-outstanding arrearage and will not affect the monthly payment amounts agreed to in accordance with this Report and Order.

            3.         If Respondent enters into a payment agreement with Petitioner, Petitioner agrees and is ordered to waive all interest accruing on Respondent’s account going forward from the date of the agreement so long as Respondent continues to comply with all other terms of this Order.

            4.         If Respondent fails to enter into a payment agreement with Petitioner, or fails to make any scheduled payment pursuant to an agreed payment plan on or before the due date, Petitioner shall have the right to disconnect service to Respondent’s residence in accordance with Petitioner’s regulations and tariff provisions and the applicable rules and regulations of the Commission, without seeking further approval from the Commission, notwithstanding the fact that a resident at Respondent’s residence may be using life-support equipment.

            5.         At least 48 hours prior to terminating said service, Petitioner shall notify the appropriate Utah State social services agencies of this Order and the pending termination.

            6.         Pursuant to Utah Code Annotated §§ 63-46b-12 and 54-7-15, agency review or rehearing of this order may be obtained by filing a request for review or rehearing with the Commission within 30 days after the issuance of the order. Responses to a request for agency review or rehearing must be filed within 15 days of the filing of the request for review or rehearing. If the Commission fails to grant a request for review or rehearing within 20 days after the filing of a request for review or rehearing, it is deemed denied. Judicial review of the Commission’s final agency action may be obtained by filing a Petition for Review with the Utah Supreme Court within 30 days after final agency action. Any Petition for Review must comply with the requirements of Utah Code Annotated §§ 63-46b-14, 63-46b-16 and the Utah Rules of Appellate Procedure.

DATED at Salt Lake City, Utah, this 2^nd day of August , 2005.

                                                                        /s/ Steven F. Goodwill     
                                                            Administrative Law Judge

            Approved and Confirmed this 2^nd day of August, 2005, as the Report and Order of the Public Service Commission of Utah.

                                                                        /s/ Ric Campbell, Chairman

                                                                        /s/ Ted Boyer, Commissioner

/s/ Ron Allen, Commissioner

Attest:

/s/ Julie Orchard          

Commission Secretary

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