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Winter Warm Up!
MSSA
March 26, 2008



Public Utilities Commission
Tracy Smetana

Department of Commerce
Jeff Mitchell


                              1
Public Utilities Commission

• Regulates local and in-state long
  distance companies; investor-
  owned electric and natural gas
  utilities; permitting for power
  plants, pipelines, transmission
  lines.
• Commissioners appointed by
  Governor, serve staggered terms
• 40 staff
                                      2
Cold Weather Rule

• The purpose of the Cold Weather
  Rule is to protect residential heat-
  affected customers, who are
  unable to pay their utility bills,
  from disconnection of service
  during the winter months.




                                         3
Cold Weather Rule
History of the Cold Weather Rule


•   1974 Public Utilities Act requiring Customer Service Standards Rule

•   1976 Temperature-based Cold Weather Rule implemented

•   1978 Public Utility Regulatory Act requiring service termination standards

•   1979 Date-based Cold Weather Rule implemented

•   1989 Legislation expanding Cold Weather Rule

•   1990 Expanded Cold Weather Rule implemented

•   2001 Cold Weather Rule modified–closer link with Energy Assistance Program

•   2003 Cold Weather Rule modified–service limiters, “hot weather rule”

•   2007 Cold Weather Rule for municipal and cooperative utilities modified to
    include reconnection of service

•   2008 Cold Weather Rule for regulated utilities modified
                                                                                 4
Cold Weather Rule

Prior to CWR Season:

• Bill inserts

• Many utilities also work to
  reconnect as many as possible.



                                   5
Cold Weather Rule
Pre-season bill inserts

• Minnesota Statutes 216B.096, Subd. 2(h)

• (1) an explanation of the Cold Weather Rule;
  (2) an explanation of no-cost and low-cost methods to
  reduce the consumption of energy;
  (3) a third-party notice;
  (4) ways to avoid disconnection;
  (5) information regarding payment agreements;
  (6) an explanation of the customer's right to appeal;
  (7) a list of names and telephone numbers for county
  and local energy assistance and weatherization
  providers in each county served by the utility.




                                                          6
Cold Weather Rule
CWR PAYMENT PLAN

• Reconnect service OR prevent
  disconnection.
• Available to all residential customers,
  regardless of income.
• Payment installments need not be equal; may
  be based on factors such as lump sum
  payments or additional income expected
  during payment period.
• If income at or below 50% of state median,
  payments no more than 10% of household
  income.                                    7
Cold Weather Rule

• Disconnect notice

• Ten working days prior to
  disconnection date

• CWR “packet” must be included



                                  8
Cold Weather Rule

• No deposit or late fees if household
  income at or below 50% of state
  median income -- 216B.096, Subd 7(b)

• No disconnection during any appeal
  process -- 216B.096, Subd 7(c)(1)

• Timely payment = within 7 calendar
  days – 216B.096, Subd 2(f)


                                       9
Cold Weather Rule

• Keys to protection

  – Contact utility company
  – Payment plan based on customer’s
    financial situation
  – Make and keep a payment plan
  – PUC available to answer questions,
    assist customers


                                         10
Life Support Households

Minnesota Statutes 216B.098, Subd. 5 (emphasis added)

• Medically necessary equipment. A utility shall
  reconnect or continue service to a customer’s
  residence where a medical emergency exists or where
  medical equipment requiring electricity necessary to
  sustain life is in use, provided that the utility receives
  from a medical doctor written certification, or initial
  certification by telephone and written certification
  within five business days, that failure to reconnect or
  continue service will impair or threaten the health or
  safety of a resident of the customer’s household. The
  customer must enter into a payment agreement.




                                                           11
Hot Weather Rule

Minnesota Statutes 216B.0975

• A utility may not effect an
  involuntary disconnection of
  residential services in affected
  counties when an excessive heat
  watch, heat advisory, or
  excessive heat warning issued by
  the National Weather Service is in
  effect.
                                   12
Cold Weather Rule
Minnesota Statutes

• 216B.096 Cold Weather Rule; Public Utility.
  Regulated Utilities

• 216B.097 Cold weather rule, cooperative or
  municipal utility.

• 216B.0975 Disconnection during extreme
  heat conditions.

• 216B.098 Residential customer protections.

• www.revisor.leg.state.mn.us                   13
Telephone Discounts

• Available to customers of
  “traditional” telephone service (not
  cellular, not VOIP)
• Participate in qualifying program
  OR household income at or below
  135% of federal poverty




                                     14
Telephone Discounts

• Qualifying programs
  – Medicaid/Medical Assistance
  – Food Support
  – MFIP
  – SSI
  – Federal Housing Assistance (Section 8)
  – Temporary Assistance to Needy Families (TANF)
  – Low Income Home Energy Assistance (LIHEAP)
  – National School Free Lunch Program
  – Bureau of Indian Affairs General Assistance if living on a
    reservation
  – Tribally Administered Temporary Assistance for Needy Families
    (TANF) if living on a reservation
  – Tribal National School Free Lunch Program if living on a
    reservation


                                                                15
Telephone Discounts
• Link Up
  – One time credit when hooking up new
    service
• Telephone Assistance Plan
• Lifeline
  – Minimum discount = $1.75/month, up to
    $10/month
• Application + proof of income to local
  telephone company
• www.lifeline.org

                                            16
Winter Warm Up!
Tracy Smetana
Consumer Mediator
Minnesota Public Utilities Commission
121 Seventh Place East
Suite 350
651-296-0406, option 1
1-800-657-3782, option 1
Fax 651-297-7073
consumer.puc@state.mn.us
www.puc.state.mn.us
                                        17

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Cold Weather Rule 2008

  • 1. Winter Warm Up! MSSA March 26, 2008 Public Utilities Commission Tracy Smetana Department of Commerce Jeff Mitchell 1
  • 2. Public Utilities Commission • Regulates local and in-state long distance companies; investor- owned electric and natural gas utilities; permitting for power plants, pipelines, transmission lines. • Commissioners appointed by Governor, serve staggered terms • 40 staff 2
  • 3. Cold Weather Rule • The purpose of the Cold Weather Rule is to protect residential heat- affected customers, who are unable to pay their utility bills, from disconnection of service during the winter months. 3
  • 4. Cold Weather Rule History of the Cold Weather Rule • 1974 Public Utilities Act requiring Customer Service Standards Rule • 1976 Temperature-based Cold Weather Rule implemented • 1978 Public Utility Regulatory Act requiring service termination standards • 1979 Date-based Cold Weather Rule implemented • 1989 Legislation expanding Cold Weather Rule • 1990 Expanded Cold Weather Rule implemented • 2001 Cold Weather Rule modified–closer link with Energy Assistance Program • 2003 Cold Weather Rule modified–service limiters, “hot weather rule” • 2007 Cold Weather Rule for municipal and cooperative utilities modified to include reconnection of service • 2008 Cold Weather Rule for regulated utilities modified 4
  • 5. Cold Weather Rule Prior to CWR Season: • Bill inserts • Many utilities also work to reconnect as many as possible. 5
  • 6. Cold Weather Rule Pre-season bill inserts • Minnesota Statutes 216B.096, Subd. 2(h) • (1) an explanation of the Cold Weather Rule; (2) an explanation of no-cost and low-cost methods to reduce the consumption of energy; (3) a third-party notice; (4) ways to avoid disconnection; (5) information regarding payment agreements; (6) an explanation of the customer's right to appeal; (7) a list of names and telephone numbers for county and local energy assistance and weatherization providers in each county served by the utility. 6
  • 7. Cold Weather Rule CWR PAYMENT PLAN • Reconnect service OR prevent disconnection. • Available to all residential customers, regardless of income. • Payment installments need not be equal; may be based on factors such as lump sum payments or additional income expected during payment period. • If income at or below 50% of state median, payments no more than 10% of household income. 7
  • 8. Cold Weather Rule • Disconnect notice • Ten working days prior to disconnection date • CWR “packet” must be included 8
  • 9. Cold Weather Rule • No deposit or late fees if household income at or below 50% of state median income -- 216B.096, Subd 7(b) • No disconnection during any appeal process -- 216B.096, Subd 7(c)(1) • Timely payment = within 7 calendar days – 216B.096, Subd 2(f) 9
  • 10. Cold Weather Rule • Keys to protection – Contact utility company – Payment plan based on customer’s financial situation – Make and keep a payment plan – PUC available to answer questions, assist customers 10
  • 11. Life Support Households Minnesota Statutes 216B.098, Subd. 5 (emphasis added) • Medically necessary equipment. A utility shall reconnect or continue service to a customer’s residence where a medical emergency exists or where medical equipment requiring electricity necessary to sustain life is in use, provided that the utility receives from a medical doctor written certification, or initial certification by telephone and written certification within five business days, that failure to reconnect or continue service will impair or threaten the health or safety of a resident of the customer’s household. The customer must enter into a payment agreement. 11
  • 12. Hot Weather Rule Minnesota Statutes 216B.0975 • A utility may not effect an involuntary disconnection of residential services in affected counties when an excessive heat watch, heat advisory, or excessive heat warning issued by the National Weather Service is in effect. 12
  • 13. Cold Weather Rule Minnesota Statutes • 216B.096 Cold Weather Rule; Public Utility. Regulated Utilities • 216B.097 Cold weather rule, cooperative or municipal utility. • 216B.0975 Disconnection during extreme heat conditions. • 216B.098 Residential customer protections. • www.revisor.leg.state.mn.us 13
  • 14. Telephone Discounts • Available to customers of “traditional” telephone service (not cellular, not VOIP) • Participate in qualifying program OR household income at or below 135% of federal poverty 14
  • 15. Telephone Discounts • Qualifying programs – Medicaid/Medical Assistance – Food Support – MFIP – SSI – Federal Housing Assistance (Section 8) – Temporary Assistance to Needy Families (TANF) – Low Income Home Energy Assistance (LIHEAP) – National School Free Lunch Program – Bureau of Indian Affairs General Assistance if living on a reservation – Tribally Administered Temporary Assistance for Needy Families (TANF) if living on a reservation – Tribal National School Free Lunch Program if living on a reservation 15
  • 16. Telephone Discounts • Link Up – One time credit when hooking up new service • Telephone Assistance Plan • Lifeline – Minimum discount = $1.75/month, up to $10/month • Application + proof of income to local telephone company • www.lifeline.org 16
  • 17. Winter Warm Up! Tracy Smetana Consumer Mediator Minnesota Public Utilities Commission 121 Seventh Place East Suite 350 651-296-0406, option 1 1-800-657-3782, option 1 Fax 651-297-7073 consumer.puc@state.mn.us www.puc.state.mn.us 17