- BEFORE THE PUBLIC SERVICE COMMISSION OF UTAH -
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In the Matter of
the Termination of |
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DOCKET NO. 05-035-11 REPORT AND ORDER |
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ISSUED: March 31, 2005
By The Commission:
This matter came on for hearing before the Commission’s Administrative Law Judge on March 23, 2005. PacifiCorp (Petitioner), dba Utah Power & Light Company, was represented by Prestine Tafoya. Jenny Crapo (Respondent) failed to appear. Attempts to contact Respondent by telephone prior to commencing the hearing were unsuccessful.
At the hearing, Petitioner stated that it had recently entered into a payment plan with Respondent whereby Respondent agreed to pay the current bill for electric service rendered each month plus $23.00 toward the outstanding balance on the account. Petitioner further stated that it was willing to modify the payment plan, at Respondent’s option, to place Respondent on a twenty-four month equal time payment plan of $65.00 per month plus $23.00 toward the outstanding balance on the account. Petitioner renewed its request based on Respondent’s payment history that it be authorized to terminate Respondent’s service should Respondent fail to comply with the terms of any payment plan going forward.
Therefore, based upon the foregoing information, and for good cause appearing, the Administrative Law Judge enters the following proposed ORDER:
1. As recently agreed by the parties, Respondent shall make monthly payments to Petitioner, on or before the due date of each statement for services rendered by Petitioner, each such payment to be in the amount of the current amount owing for that month’s service plus $23.00 toward the outstanding balance on Respondent’s account until such time as all past due amounts have been paid. These payments are to begin with the regularly scheduled monthly payment due to Petitioner not later than March 29, 2005.
2. Alternatively, at Respondent’s option, Respondent shall make monthly payments to Petitioner, on or before the due date of each statement for services rendered by Petitioner, each such payment to be in the amount of $88.00 per month calculated as follows: (a) the current charges for electric service to Respondent’s residence on an equal time payment plan, estimated to be $65.00 per month, plus (b) $23.00 per month, which equals approximately one twenty-fourth (½4) of the outstanding balance for prior service provided to Respondent’s residence, until the outstanding balance is fully paid. These payments are to begin with the regularly scheduled monthly payment due to Petitioner not later than March 29, 2005.
3. 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 specified in Paragraph 1.
4. Petitioner agrees and is ordered to waive all interest accruing on Respondent’s account going forward from the date of this Order so long as Respondent continues to comply with all other terms of this Order.
5. If Respondent fails to make any payment in the full amount specified in Paragraph 1 or 2, as hereafter agreed by the parties, 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.
6. 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.
7. Any person aggrieved by this Order may petition the Commission for review/rehearing pursuant to the Utah Administrative Procedures Act, Utah Code Ann. §63-46b-1 et seq. Failure so to do will preclude judicial review of the grounds not identified for review. Utah Code Ann. §54-7-15.
DATED at Salt Lake City, Utah, this 31st day of March, 2005.
/s/ Steven F. Goodwill
Administrative Law Judge
Approved and Confirmed this 31st day of March, 2005, as the Report and Order of the Public Service Commission of Utah.
/s/ Ric Campbell, Chairman
/s/ Ted Boyer, Commissioner
Attest:
/s/ Julie Orchard
Commission Secretary
G#43488