4 CCR 723-4
BASIS, PURPOSE, AND STATUTORY AUTHORITY The basis and purpose of these rules is to generally set forth rules describing the service to be provided by jurisdictional gas utilities and master meter operators to their customers. The rules address a wide variety of subject areas including, but not limited to, service interruption, meter testing and accuracy, safety, customer information, customer deposits, rate schedules and tariffs, discontinuance of service, and master meter operations.
The statutory authority for these rules can be found at §§ 40-1-103.5, 40-2-108, 40-3-102, 40-3-103, 40-4- 101, 40-4-106, 40-4-108, 40-4-109, C.R.S.
RULE (4 CCR) 723-4-1 APPLICATION OF RULES.
723-4-1(a) The following rules shall apply to any person, partnership, cooperative association, non-profit corporation or association, firm, corporation, their lessees, trustees, or receivers appointed by any court, now or hereafter engaged in the business of a public utility furnishing gas to domestic, commercial or industrial customers, operating under the jurisdiction of The Public Utilities Commission of the State of Colorado.
723-4-1(b) The adoption of these rules shall in no way preclude the Commission from altering or amending the same in whole or in part or from requiring any other additional service equipment, facility or standard, either upon complaint or upon its own motion, or upon the application of any utility. In special cases, for good cause shown, not contrary to statute, the Commission may permit deviation from these rules insofar as it may find compliance therewith to be impossible, impracticable or unnecessary. If, for good cause shown, any utility is permitted a deviation from any of these rules, such modified rules as authorized by the Commission shall be set forth in the filed tariffs of the utility. Furthermore, these rules shall not in any way relieve any utility from any of its duties under the laws of this State.
RULE (4 CCR) 723-4-2 DEFINITIONS.
723-4-2(a) The word “Utility” as used in these rules shall be construed to mean any person, partnership, cooperative association, non-profit corporation or association, firm, corporation, whether privately owned or otherwise, when subject to the jurisdiction of this Commission, their lessees, trustees or receivers appointed by any court whatsoever that may now or hereafter be engaged as a public utility in the business of furnishing gas to domestic, commercial or industrial customers in the State of Colorado.
723-4-2(b) The word “Commission” as used in these rules shall be construed to mean The Public Utilities Commission of the State of Colorado.
723-4-2(c) The word “Customer” as used in these rules shall be construed to mean any person, group of persons, partnership, firm, corporation, institution, any agency of the Federal, State or local governments, their lessees, trustees, or receivers appointed by any court, contracting for gas service from any utility for consumptive domestic, commercial, or industrial use, or at wholesale. 723-4-2(d) The word “Gas” as used in these rules shall, unless otherwise specifically designated, be construed to mean manufactured gas, natural gas, other hydrocarbon gases, or any mixture of gases produced, transmitted, distributed or furnished by any gas utility. RULE (4 CCR) 723-4-3 OPERATING SCHEDULES AND INTERRUPTIONS OF SERVICE. 723-4-3(a) Each utility shall adopt an operating schedule, and shall report the same, or any changes therein, to this Commission, indicating in any case where service is not rendered continuously, the time at which service is commenced, and the time at which it is discontinued. Any changes in such operating schedules shall be made only with the approval of this Commission. The operating schedules may be filed as a part of the utility rate schedules. 723-4-3(b) Each utility shall keep a record of all interruptions of service upon its entire system or major divisions thereof, including a statement of the time, duration and cause of any such interruption. Each utility shall, except for stations operated without attendants, also keep a record of the time of starting up or shutting down of the compressing equipment, and the period of operation of all regulators used for the maintenance of constant gas pressure. This record shall include the readings taken periodically of station meters, which readings shall be taken with such frequency as the utility or the Commission may from time to time require. 723-4-3(c) The record of interruptions of service and a statement of the operating schedules of the utility shall be open at all times to the inspection of the duly authorized representatives of this Commission.
723-4-3(d) All records under this rule shall be retained by the utility for a period of three years. RULE (4 CCR) 723-4-4 [RESERVED FOR FUTURE USE] RULE (4 CCR) 723-4-5 TESTING FACILITIES.
723-4-5(a) Each utility shall provide such laboratory, meter testing shop and other equipment and facilities as may be necessary to make the tests required of it by these rules or other orders of this Commission. The apparatus and equipment so provided shall be of a form acceptable to this Commission, and it shall at all times be available for the inspection and use, on the premises of the utility, of the authorized representatives of this Commission; provided, however, that any natural gas utility rendering natural gas service to customers located partially within and partially without the State of Colorado, and where over 50% of its customers are outside the State of Colorado, the utility need maintain only meter testing equipment and facilities in Colorado, so long as the remainder of the apparatus, equipment and facilities herein provided for is maintained by it in a state contiguous to Colorado.
723-4-5(b) Each utility shall make such tests as are prescribed under these rules with such frequency and in such manner and at such places as may be approved by this Commission. RULE (4 CCR) 723-4-6 RECORDS OF TESTS AND OF METERS.
723-4-6(a) A record shall be maintained on each meter owned or used by the utility. Such records shall show the date of purchase, manufacturer's serial number, record of the present location, and date and results of the last test performed by the utility, which record shall be retained for the life of the meter.
723-4-6(b) Whenever a meter is tested either on request or upon complaint the test record shall include the information necessary for identifying the meter, the reason for making the test, the reading of the meter if removed from service, the result of the test, together with all data taken at the time of the test in sufficiently complete form to permit the convenient checking of the methods employed and the calculations made. Such record shall be retained for a period of two years. RULE (4CCR) 723-4-7 ACCIDENTS.
723-4-7(a) Each utility shall, as soon as possible, report to this Commission each accident happening in connection with the operation of its property, facilities or service, wherein any person shall have been killed or seriously injured, or whereby any serious property damage shall have resulted. Such report to this Commission shall describe in detail:
(1) Date, time, place, location (2) Extent of injuries and other damage (3) Names of all parties involved (4) Type of accident.
In addition to the above, all utilities shall immediately upon the setting of any formal investigation of the accident, notify the Commission of the date, time and place of such investigation. 723-4-7(b) All accident reports submitted to the Commission by the utility shall be treated by the Commission, its staff and employees as confidential and shall not be made available to the public.
RULE (4 CCR) 723-4-8 COMPLAINTS.
Each utility shall make a full and prompt investigation of all complaints made to it by its customers, either directly or through the Commission, and it shall keep a record of all written complaints received which shall show the name and address of the complainant, the date and character of the complaint, and the adjustment or disposal made thereof. This record shall be open at all times to the inspection of the duly authorized representatives of this Commission, and unless otherwise specified in these rules shall be retained by the utility for a period of two years.
RULE (4 CCR) 723-4-9 INFORMATION FOR CUSTOMERS.
723-4-9(a) Each utility shall at any time, on request, give its customers such information and assistance as is reasonably possible in order that customers may secure safe and efficient service and may secure appliances properly adapted to the service furnished. Each utility shall inform each customer of any such change made or proposed to be made in any condition as to its service as would affect the efficiency of the service or the operation of the appliances or equipment which may be in use by said customer.
723-4-9(b) Each utility supplying metered service, on request, shall explain to its customers the method of reading meters.
723-4-9(c) Each gas utility will transmit to each of its gas consumers a clear and concise explanation of the existing rate schedule applicable to such consumer. Such statement shall be transmitted to each consumer:
723-4-9(c)(1) Upon application for service, but not later than 60 days after the date of commencement of service to such consumer or 90 days after the establishment of this rule, whichever last occurs, and 723-4-9(c)(2) Not later than 10 days after request of a gas consumer of such utility. 723-4-9(d) Each gas utility, on request of a gas consumer of such utility, shall transmit to each such consumer:
723-4-9(d)(1) A clear and concise summary of the existing rate schedule applicable to each of the major classes of its gas consumers for which there is a separate rate, and 723-4-9(d)(2) An identification of any classes whose rates are not summarized. Such summary may be transmitted together with such consumer's billing or in such other manner as each gas utility deems appropriate.
723-4-9(e) Each gas utility, on request of a gas consumer of such utility, shall transmit to each such consumer a clear and concise statement of the actual consumption (or degree-day adjusted consumption) of gas energy by such consumer for each billing period during the prior year (unless such consumption data is not reasonably ascertainable by the utility). 723-4-9(f) Transmittal shall be by such method as to assure receipt by each and every consumer of information required to be provided pursuant to this Rule, including “bill stuffer,” periodical or direct mail where the same is mailed to all consumers.
723-4-9(g) Any information required to be transmitted pursuant to this Rule shall contain a statement in Spanish to the effect that “If you do not read English you should request someone who understands Spanish and English to translate this notice for you.” RULE (4 CCR) 723-4-10 METER READINGS AND BILL FORMS.
723-4-10(a) Each service meter shall indicate clearly the cubic feet or other units of service for which charge is made to the customer. In cases where the dial reading of a meter (other than an orifice or other chart-type gas meter) must be multiplied by a factor, or factors or a constant to obtain the units consumed, the proper factor, factors or constant to be applied shall be clearly marked on the face or dial of the meter, if practical. The factor, factors or constant shall be clearly marked on the customer's bill, if practical.
723-4-10(b) At the time of the reading of the customer's meter or thereafter, upon the customer's request, the utility will provide a card or slip showing the date of the reading, and either, the total usage expressed in cubic feet or other unit of service recorded, or the position of the hands upon the dial of such meter at the time of the reading.
723-4-10(c) All bills rendered to customers for metered service furnished shall show: 723-4-10(c)(1) Net amount due;
723-4-10(c)(2) Dates and meter readings beginning and ending the period during which service was rendered;
723-4-10(c)(3) A distinct marking to identify an estimated bill; 723-4-10(c)(4) An appropriate rate or rate code identification; 723-4-10(c)(5) Last date payable after which the bill becomes past due; and 723-4-10(c)(6) All other essential facts upon which the bill is based, including factors and/or constants where practical as in (a) above.
723-4-10(d) Any customer shall be permitted to make installment payments if a bill includes amounts from past billing periods, arising solely from events under control of the utility such as meter malfunctions, billing errors, utility meter reading errors or failure to read the meter, which failure shall not apply where the meter is not readily accessible to the utility and the customer refuses to read his own meter. Any installment payments under the provisions of this rule may extend over a period equal in length to the period during which the errors were accumulated and shall bear no interest.
723-4-10(e) Itemized gas cost information shall be provided to all customers by the utility, commencing with the first complete billing cycle in which the new GCA rates will be in effect, at a minimum. This itemized information may be provided to customers in the form of a bill insert or a separate mailing. For transportation customers the following two individual components, at a minimum, must be included: 1) The per unit local distribution company (“LDC”) costs billed to that customer; and 2) If applicable, the per-unit GCA transportation costs. For all other customers, the following three individual components must be included: 1) the per unit LDC costs billed to that customer 2) the per unit gas commodity costs for that customer, and 3) the per unit costs of upstream services for that customer.
723-4-10(f) On or before July 1, 1998, each utility shall file a plan for approval by the Commission to provide the following itemized gas cost information in each customer's regular bill: For transportation customers the following two individual components, at a minimum, must be included: 1) The per-unit (e.g., Dth, therm, Mcf) and monthly local distribution company (“LDC”) costs billed to that customer; and 2) If applicable, the per-unit and monthly GCA transportation costs. For all other customers, the following three individual components, at a minimum, must be included: 1) LDC per-unit and monthly costs billed to that customer; 2) the per-unit and monthly gas commodity costs for that customer, and 3) the per- unit and monthly costs of upstream services for that customer.
RULE (4 CCR) 723-4-11. CUSTOMER DEPOSITS.
723-4-11(a) A utility may require at any time from a customer or prospective customer, a cash deposit intended to guarantee payment of current bills, but only in accordance with this rule. A deposit intended to guarantee payment of current bills shall not exceed an amount equal to an estimated ninety days' bill of the customer, except in the case of a customer whose bills are payable in advance of service, in which case, the deposit shall not exceed an estimated sixty days' bill of the customer. A deposit required pursuant to this rule may be in addition to any advance, contribution, or guarantee in connection with construction of lines or facilities, as provided in the extension policy of the utility's tariffs on file with the Commission. Simple interest shall be paid by the utility upon a deposit at the percentage rate per annum as calculated by the Staff of the Commission and in the manner provided in this rule, payable upon the return of the deposit, or annually at the request of the customer. Interest on a deposit shall be earned for the time such deposit is held by the utility, and shall be calculated from the date the deposit is received by the utility to the date of payment to the customer or to the date an amount equal to the deposit is credited to the customer's account. Interest payments, at the option of the utility, may be paid directly to the customer or by a credit to the customer's account. The simple interest rate to be paid on customer deposits shall be determined by the Commission Staff on an annual basis. The rate shall be computed at a rate equal to the average for the period October 1 through September 30 (of the immediately preceding year) of the twelve monthly average rates of interest expressed in percent per annum, as quoted for one-year United States Treasury constant maturities, as published in the Federal Reserve Bulletin, by the Board of Governors of the Federal Reserve System. If the difference between the existing customer deposit interest rate and the newly calculated rate is 25 basis points or more, the newly calculated interest rate shall be used beginning January 1. of the following year; otherwise the rate shall remain unchanged. When it is determined that a change in the interest rate is warranted, the Commission shall send a letter to each utility within the State by November 15th identifying the new rate to be paid on deposits beginning January 1 of the next year. Following notification by the Commission, each utility, shall file by Advice Letter and revised tariff containing the new interest rate on not less than one day's notice, citing this rule as authority, to be effective January 1 of the following year. To the extent any of the dates contemplated herein are modified, there shall be at least 45 days between the date of the notification letter and the effective date of the rate change. 723-4-11(b) Customers who have previously received service from the utility shall be required to make a new or additional deposit only if previous payment record includes recent or substantial delinquencies. Customers who have not previously been served by the utility shall be treated uniformly within each rate classification so that either all or none of the new customers within such classification will be required to make a deposit. 723-4-11(c) Each utility having on hand such deposits from customers, or hereafter receiving such deposits from customers, shall keep records to show:
723-4-ll(c)(1) The name of each customer making a deposit; 723-4-11(c)(2) The premises occupied by the customer when making the deposit and each successive premises occupied while the deposit is retained by the utility; 723-4-11(c)(3) The amount and date of making the deposit; and 723-4-11(c)(4) A record of each transaction, such as the payment of interest, interest credited, etc., concerning such deposit.
723-4-11(d) Each utility shall issue a receipt to every customer from whom such deposit is received. 723-4-11(e) No utility shall refuse to return a deposit or any balance to which a customer may be entitled solely upon the basis that the customer is unable to show a receipt for such deposit. 723-4-11(f) Each utility shall file as part of its tariffs a brief statement setting forth its deposit requirement policy, explaining under what circumstances a deposit shall be required and when such deposit shall be returned.
723-4-11(g) The making of a deposit shall not relieve any customer from payment of current bills as they become due and no deposit shall be applied by the utility to any indebtedness of the customer to the utility except to a bill for utility services due or past due after service is terminated. 723-4-11(h) No utility shall require any security other than a cash deposit to secure payment for utility services except that a utility may provide for an acceptable third party guarantee of payment instead of a cash deposit requirement under this rule. In no event shall the furnishing of utility services or extension of utility facilities or any indebtedness in connection therewith result in a lien, mortgage or other security interest in any real or personal property of the customer, unless such indebtedness has been reduced to judgment.
RULE (4 CCR) 723-4-12 FILING OF RATE SCHEDULES AND REGULATIONS. 723-4-12(a) Copies of all schedules of rates and individual contracts for service, forms of routine contracts, charges for service connections and extensions of lines and of all rules and regulations covering the relations of customer and utility shall be filed by each utility in the office of this Commission.
723-4-12(b) Advice Notices: Advice Notices, numbered serially, shall accompany each tariff sheet filing with the Commission. This notice shall list all sheets included in the filing by number and showing the sheet or sheets, if any, being cancelled. The purpose of the filing shall be explained in a brief statement as well as a statement concerning the extent to which customers will be affected by such filing. The Advice Notice shall be in substantially the following form: (4 CCR) 723-4-12(b)-FORM NAME OF PUBLIC UTILITY ADVICE NO. __________________________ DATE __________________________ The Public Utilities Commission of the State of Colorado Logan Tower 1580 Logan Street, Office Level 2 Denver, Colorado 80203 The accompanying tariff sheet(s) issued by (name of utility) is (are) sent you for filing in compliance with the requirements of the Public Utilities Law: Colo. P.U.C. No. __________________________ Gas __________________________ (Tabulate sheets attached as follows):
Colo. P.U.C. Sheet Title of Sheet Cancels Colo. P.U.C.
Number Sheet Number ____________________ ____________________ ____________________ ______ ______ ______ ____________________ ____________________ ____________________ ______ ______ ______ Etc.
(Here give purposes to be accomplished by the filing and direct attention generally to the changes being made; also, state the amounts, if any, by which the utility's revenues will be affected. If customers are not adversely affected, so state).
It is desired that this filing shall become effective on statutory (30 days) notice. (If special short term authority has been sought, pursuant to Rule 17 B(2) of the Commission's Rules of Practice and Procedure, appropriately change language.)
(Name and Title of Issuing Officer)
723-4-12(c) Revised Tariff Sheets: Each tariff sheet, not an original, shall be designated 1st revised sheet No. __________________________ cancels original sheet No. __________________________ or 2nd revised sheet No. __________________________ cancels 1st revised sheet No. __________________________, etc., shall direct attention to the changes contained therein by the use of suitable symbols in the right margin. These symbols may be “I” increase, “D” decrease, “C” Change in text, “N” new text, etc. On a contents or index page the utility shall show the meaning of the symbols used by it to point out changes contained in its revised tariff filings. If a tariff sheet is issued under a specific authority or decision of this Commission, each sheet so affected shall show the correct number in the space provided at the foot of the sheet. 723-4-12(d) Number of copies to be filed: An original and one copy of each advice letter and tariff sheet shall be filed. The copy will be stamped as filed and returned to the utility. NOTE: The utility may file as many additional copies as it wishes which will also be stamped and returned.
723-4-12(e) Schedules of rates, forms of contracts and rules and regulations as filed with the Commission and available in the territory concerned shall also be on file in the local office of the utility and shall be open to inspection by the public during regular business hours. 723-4-12(f) If the reasonableness of any charge, rule, regulation, or practice of any utility with reference to service connections or extensions, or of any rule covering the relations between customer and utility, is challenged, the Commission may, upon complaint and investigation, prescribe the proper charge, rule, regulation or practice which shall thereafter be followed. 723-4-12(g) The Commission may reject any filing under this rule if the utility fails to comply with the provisions as set forth in said rule.
RULE (4 CCR) 723-4-13 DISCONTINUANCE OF SERVICE.
723-4-13(a) No utility shall discontinue the service of any customer for violation of any rule of such utility and/or for non-payment of any sum due for utility service, deposits or other tariffed charges, except in accordance with this rule.
723-4-13(b) Requirement for Written Notice.
723-4-13(b)(1) Written notice of proposed discontinuance of service must be mailed by first class mail, or delivered at least ten (10) days in advance of the proposed date, advising the customer in what particular such rule has been violated for which service will be discontinued, and/or the amount past due and the date by which the same shall be paid to avoid discontinuance. For purposes of this rule, “amount past due” shall refer to any sum due for utility service, deposits or other tariffed charges. 723-4-13(b)(2) The notice of discontinuance shall be conspicuous in nature and in easily understood language. The heading of the notice of discontinuance shall be in block letters. The heading shall contain, at a minimum, the following warning written in English: THIS IS A FINAL NOTICE OF DISCONTINUANCE OF GAS UTILITY SERVICE AND CONTAINS IMPORTANT INFORMATION INVOLVING YOUR LEGAL RIGHTS AND REMEDIES. The heading shall also contain the same warning written in Spanish, with an additional sentence at the end of the warning stating in Spanish:
IF YOU DO NOT READ ENGLISH YOU SHOULD REQUEST SOMEONE WHO UNDERSTANDS SPANISH AND ENGLISH TO TRANSLATE THIS NOTICE FOR YOU.
723-4-13(b)(3) At a minimum, said notice shall advise the customer: 723-4-13(b)(3)(a) How to contact the utility, without expense to the customer of a toll call, from within the utility's service area, to resolve any dispute, with respect to the amount or date due, and/or with respect to violation of any rule. 723-4-13(b)(3)(b) That the customer has right to make an informal complaint to the Commission staff by letter, telephone, or in person.
723-4-13(b)(3)(d) That the Commission may grant a customer's motion upon such terms as the Commission deems reasonable, including but not limited to the posting of a deposit or bond with the utility or timely payment of all undisputed charges. 723-4-13(b)(3)(e) That a residential customer may avoid discontinuance of service by paying, on or before the expiration date of the notice, at least one-tenth of the amount shown on the notice and entering into a reasonable installment plan with the utility to pay the remaining past-due balance in equal monthly installments, according to the provisions of Rule 13 of these Rules.
723-4-13(b)(3)(f) That in the event a residential customer is unable to pay for service as regularly billed by the utility, or is able to pay for such service but only in reasonable installments and a medical certification is delivered to the utility indicating that discontinuance of service would be especially dangerous to the health or safety of a residential customer or a permanent resident of the residential customer's household, that there will not be discontinuance of service for sixty days from the date of the medical certification with a possible thirty-day extension upon delivery of a second medical certification. 723-4-13(b)(3)(g) That in the event service is discontinued for non-payment, service may be restored if a residential customer pays any reconnection and collection charges as may be specifically required in the event of discontinuance according to the utility's tariff and enters into an installment payment arrangement; or if the customer presents a medical certification.
723-4-13(b)(3)(h) Of major federal, state or local government agencies, known to the utility, which provide customer assistance or benefits relating to utility service. Unintentional error, by omission or incorrectness, of a utility in providing such information shall not render the notice void.
723-4-13(b)(3)(i) Whether the utility will require, as a condition of avoiding discontinuance or of restoring service if discontinued, payment only in the form of cash or certified funds from the customer to whom notice is sent. 723-4-13(b)(3)(j) That the customer has the right to a hearing in person, at a reasonable time and place, within ten (10) days of the date notice is sent, before the utility's manager or manager's designee, according to procedures adopted by the utility for such hearings.
723-4-13(b)(4) In the event the customer previously has executed a third-party notification form indicating a third party to whom notices of discontinuance are to be sent, written notice also shall be mailed by first class mail or delivered at least ten (10) days in advance of the proposed discontinuance date to said third party. The utility shall furnish a third-party notification form to each new residential customer. Moreover, the utility shall inform its residential customers at least annually of the availability of the third-party notification form and a method for obtaining a copy of the form. The customer, at his option, may mail or deliver to the utility such third-party notification form, which form shall be signed by both the customer (or his legal representative) and by the third party to be notified in the event of possible discontinuance of service. Said third party notification form shall be substantially in the following format:
Name of customer Street address of customer City, State and Zip Code Telephone Number Third party to be notified in the event of possible discontinuance of service: __________________________ __________________________ Name Street Address City, State and Zip Code Telephone Number Relationship to Customer Signature of Customer Signature of Third Party Date 723-4-13(b)(5)(a) Energy Diversion. If any energy-consuming devices are discovered connected on the line side of the utility's meter, or if connections or devices of any kind are found installed on the customer's premises which would prevent the meter from registering the actual amount of energy used, notice may be given as for a rule violation, giving the customer ten (10) days in which to remove or correct said devices or connections, and advising the customer of the possibility of an estimated bill for energy consumed but not properly registered. Or, the utility may elect to remove or correct said devices or connections itself. In the latter event, any momentary interruption of service necessary for the purpose of repair or remedy shall not constitute discontinuance, and thus shall not require advance notice. However, written notice must be left at the premise, advising the customer of the nature of the violation, the steps taken by the utility to correct it, and the possibility that the customer may be billed for estimated consumption not properly registered.
723-4-13(b)(6) The foregoing requirements for notice may be waived: 723-4-13(b)(6)(a) When, in the opinion of the utility, an immediate discontinuance of service to the premises is imperative for reasons of safety. Such reasons might include a condition or installation of any part of the customer's or the utility's lines, pipes, apparatus or appliances which is found to be dangerous to life, health or safety of any person.
723-4-13(b)(6)(c) When service, having been discontinued in accordance with this rule, is discovered restored by someone other than the utility and the original cause for the discontinuance has not been cured.
723-4-13(b)(7)(a) Multi-Unit Dwellings. In situations involving permanent residents in multi-unit dwellings, or a cluster of dwellings, known by the utility to exist, where the utility service recorded on a single meter is used either directly or indirectly by more than one dwelling unit, the utility shall issue notice as required in Rule 13(b) (1)–(3), except that the notice period shall be thirty (30) days and except that such notice also may include the current bill. Service may be discontinued for failure to pay the amount on the notice, subject to the other provisions of this Rule 13(b)(7).
723-4-13(b)(7)(b) No less than thirty (30) days prior to the proposed date of discontinuance, for which notice has been given in accordance with Rule 13(b)(7) (a), the utility also shall provide written notice to each individual dwelling unit, in the manner set forth in Rule 13(b)(7)(c). Said notice shall state that a notice of discontinuance has been sent to the party responsible for the payment of utility bills for the dwelling; the proposed date of discontinuance; that the occupants of the dwelling units may avoid discontinuance by paying the next new bill in full within thirty (30) days of its issuance and successive new bills within thirty (30) days of issuance; how to contact the utility for additional information or to make arrangements to receive a copy of the next new bill.
723-4-13(b)(7)(c) Notice to occupants as described in Rule 13(b)(7)(b) shall be delivered to each dwelling unit or mailed to the addressee or occupant of each unit. In addition, a copy of the notice shall, to the extent possible, be posted in at least one of the common areas of the multi-unit dwelling. A copy of the notice, together with an affidavit stating how the utility has delivered, mailed or posted notices, or attempted to do so to each dwelling unit or occupant of each unit shall be retained by the utility for a period of six months from the date the notice was issued. The notices and affidavit shall be made available to the Commission upon request during the retention period. The utility shall provide to the Commission by the tenth day of each month a list of notices issued during the preceding month. This list shall contain the name or account number of party responsible for payment and the service address.
723-4-13(b)(7)(d) Service may not be discontinued if the party responsible for payment pays the amount on the notice or if the occupants pay each new bill within thirty
723-4-13(b)(7)(e) Occupants shall not be entitled to installment payments or any payment plan other than paying each new bill in full within thirty (30) days of issuance to avoid discontinuance.
723-4-13(b)(7)(f) Service may be discontinued, without further notice or attempt at personal contact, for failure of the occupants to pay each new bill within thirty
723-4-13(b)(8) In addition to the written notice required by this Rule 13, the utility also shall send, on a separate document which need not be under separate cover, a notice that the customer has certain rights with regard to discontinuance, together with a statement advising the customer how to contact the staff of the Commission for further information. Said notice shall be printed in no less than 10-point bold-face type and shall be, in style and content, substantially in the following format:
YOUR RIGHTS CONCERNING DISCONTINUANCE Under the rules of the Colorado Public Utilities Commission (PUC), you have certain rights related to the discontinuance and restoral of your service. Many of these rights are described on your notice of discontinuance. These require prompt action on your part to avoid discontinuance.
If you have any questions about your rights, contact the PUC consumer affairs office. The phone number is 1-800-456-0858 or (303) 894-2070. The address is 1580 Logan Street, Denver, CO 80203.
723-4-13(c) Service shall not be discontinued:
723-4-13(c)(1) For non-payment of any sum due which has not appeared on a regular monthly bill. The due date on the bill must be specifically indicated on the bill and the due date shall be no earlier than ten (10) days subsequent to the mailing or delivery of the bill. 723-4-13(c)(2) For non-payment of any sum due which is less than thirty (30) days past due; nor shall any notice of intent to discontinue service be sent with respect to any amount which is not thirty days past due.
723-4-13(c)(3) For non-payment of any sum due, on which payment arrangements have not otherwise been made, with respect to any other account presently or previously held or guaranteed by the customer, or with respect to which the customer was a beneficiary of service, unless the amount has first been transferred to the account on which notice may be given and displayed on the regular monthly bill. In such event, the amount so transferred shall be considered “due” on the regular due date of the bill on which it first appears as a transfer and shall be subject to notice the same as if it had been billed for the first time. However, no amount may be transferred from any other account unless the accounts to and from which the transfer is made are for the same class of service, or unless the customer has previously pledged the one account to secure the other. 723-4-13(c)(4) For non-payment of any amount due on any other account on which the customer is or was neither the customer of record nor a guarantor, unless the customer is or was a user obtaining service through subterfuge without the knowledge or consent of the named customer of record.
723-4-13(c)(5) For non-payment of any amount due on any other account for which the present customer is or was the customer of record, in the event that the customer provides to the utility convincing evidence that said account was established as a subterfuge by another user without the customer's knowledge or consent.
723-4-13(c)(6) For non-payment of any sum due from a previous occupant of the premises who was a customer of record. However, a utility may give notice of intent to discontinue service, as for a rule violation, and upon expiration of the notice may decline to continue to furnish service at the same premises if it believes the service is being obtained by a delinquent customer by subterfuge in any manner. Subterfuge includes, but is not restricted to, an application for service at a given location in the name of another party by an applicant whose account is delinquent and who continues to reside or do business at the premises.
723-4-13(c)(7) For failure to pay any indebtedness except as incurred for utility service rendered by the utility in the State of Colorado.
723-4-13(c)(8) Between 12 Noon on Friday and 8 a.m. the following Monday, or between 12 Noon on the day prior to and 8:00 a.m. on the day following any federal holiday or utility observed holiday.
723-4-13(c)(9) Until the utility has made a reasonable effort to give notice of the proposed discontinuance in person or by telephone both to the residential customer (or to a resident of the customer's household 18 years of age or over) and to any third party who is listed by the customer on a third-party notification form. “Reasonable effort” shall be, at a minimum:
723-4-13(d) Service must be restored within 12 hours after the customer satisfies any one of the provisions set forth in this paragraph (d), unless extenuating circumstances prevent restoral. If it is required by the utility's safety standards that the customer or someone designated by the customer be at the premise at the time of restoral, then the unavailability of the customer (or designee) shall be an extenuating circumstance. Service must be restored after the customer: 723-4-13(d)(1) Pays in full the amount shown on the notice, plus any deposit and/or fees as may be specifically required by the utility's tariff in the event of discontinuance of service. 723-4-13(d)(2) Pays, at a minimum, any reconnection and/or collection charges as may be specifically required in the event of discontinuance according to the utility's tariff, enters into a reasonable installment payment plan with the utility, as elsewhere provided in this rule, and makes the first installment payment. This provision shall not apply if the cause for discontinuance was the customer's breach of arrangements. 723-4-13(d)(3) Presents a medical certification, as elsewhere provided in this rule. 723-4-13(d)(4) Notifies the utility, and the utility confirms, that the cause for discontinuance, if other than non-payment, has been cured.
723-4-13(e)(1) Installment payment plan arrangements must be made if a residential customer fulfills one of the following conditions:
723-4-13(e)(1)(b) On or before the last day covered by a medical certification or extension thereof pays at least ten (10) percent of any amount more than 30 days past due and enters into installment payment plan arrangements. 723-4-13(e)(1)(c) If service has been discontinued, pays at least any collection and/or reconnection charges and enters into installment payment plan arrangements, unless such arrangements already have been breached.
723-4-13(e)(2) Installment payment plan arrangements must be made with respect to any and all of the following amounts as may be applicable at the time the request for arrangements is made. The total amount on which an arrangement is made shall be referred to as the “arrangement amount”. The “arrangement amount” shall include: 723-4-13(e)(2)(a) The unpaid remainder of the amount shown on the notice. 723-4-13(e)(2)(b) Any amounts not included in the amount shown on the notice which have since become more than 30 days past due.
723-4-13(e)(2)(d) Any new bill. “New bill” refers to any bill which has been issued but is not past due.
723-4-13(e)(2)(e) Any collection fees as provided for in the utility's tariff, whether or not such fees have appeared on a regular monthly bill.
723-4-13(e)(2)(f) Any deposit, whether already billed, billed in part, or required according to the utility's tariff due to discontinuance or delinquency or to establish initial credit. This paragraph (f) shall not apply to deposits required by a utility's tariff as a condition of initiating service, but shall apply to deposits required subsequent to initiation of service.
723-4-13(e)(2)(g) Any other charges or fees provided for in the utility's tariff, whether or not such charges have appeared on a regular monthly bill, including but not limited to miscellaneous service charges, investigative charges or short-check charges.
723-4-13(e)(3) The terms of an installment payment plan arrangement, including a “modified budget billing” arrangement, must be explained and offered to each residential customer who contacts the utility in response to a notice of discontinuance. Terms for arrangements are set forth in Rule 13(e)(5)(a) and (b).
723-4-13(e)(4) Any customer who agrees to enter into an installment payment plan arrangement shall be provided a copy of this part (e) of this rule, together with a statement of the payment arrangement as agreed upon by the customer. Said copy and statement must be provided by mail or delivered within ten (10) days after arrangement is agreed upon. The copy shall include a prominent heading, in English and Spanish: YOUR RIGHTS AND RESPONSIBILITIES CONCERNING INSTALLMENT PAYMENT PLAN ARRANGEMENTS.
The heading shall also contain an additional line in Spanish: IF YOU DO NOT READ ENGLISH YOU SHOULD REQUEST SOMEONE WHO UNDERSTANDS SPANISH AND ENGLISH TO TRANSLATE THIS INFORMATION FOR YOU. 723-4-13(e)(5)(a) Installment Plan Arrangement. An installment payment plan arrangement shall consist of equal monthly installments over a period of time selected by the customer up to six (6) months. The amount of the monthly installment payment shall be the arrangement amount divided by the number of months over which the payments are to be made.
723-4-13(e)(7) In the event a monthly installment payment becomes in default and/or a new bill becomes past due, the utility shall mail or deliver a written notice, with a heading in English and Spanish:
NOTICE OF BROKEN ARRANGEMENTS.
Said notice shall also contain an additional sentence in Spanish: IF YOU DO NOT READ ENGLISH, YOU SHOULD REQUEST SOMEONE WHO UNDERSTANDS SPANISH AND ENGLISH TO TRANSLATE THIS NOTICE FOR YOU. Said notice shall advise the customer, at a minimum:
723-4-13(e)(8) Service may be discontinued to a customer whose monthly installment payment remains in default after the tenth day following the mailing or delivery of a notice of broken arrangements or whose current bill becomes more than thirty days past due and to whom a notice of broken arrangements has been mailed or delivered, unless the customer presents a medical certification, as elsewhere provided in this rule. 723-4-13(e)(9) If service is discontinued for broken arrangements, a utility may decline to restore service until all amounts more than thirty days past due have been paid, together with such collection and/or reconnection charges and interest as may be provided for in the utility's tariff. However, discontinued service must be restored if the customer presents a medical certification, as elsewhere provided in this rule. Service may be discontinued without further notice upon the expiration of such medical certification, or extension thereof, and the terms for restoral shall be the payment of all amounts more than thirty days past due, together with such collection and/or reconnection charges and interest as may be provided for in the utility's tariff.
723-4-13(e)(10) A customer whose monthly installment payment is not in default and whose new bill is not past due may renegotiate an installment payment plan arrangement that was made according to paragraph (e)(5)(a) of this rule. A renegotiated installment payment plan arrangement may consist of a lesser installment payment amount to be paid in a greater number of months, provided that the original arrangement amount be paid in no more than six (6) months from the date the original installment payment plan arrangement was entered into.
723-4-13(e)(11) Nothing in this part (e) shall be construed to prevent the utility from offering any other installment payment plan arrangement terms to avoid discontinuance or terms for restoral, which offer is at least as favorable to the customer as the terms and conditions set forth in this rule or to which the customer agrees. 723-4-13(f) Safety and Health - Non-Discontinuance or Restoral. Service may not be discontinued, or if already discontinued must be restored, during any period when discontinuance of service would be especially dangerous to the health or safety of the residential customer or a permanent resident of the customer's household.
723-4-13(f)(1) Discontinuance of service that would be especially dangerous to the health or safety of the residential household means that discontinuance of service would aggravate an existing medical condition or create a medical emergency for the customer or a permanent resident of the customer's household. Such shall be deemed to be the case when a physician licensed by the State of Colorado, or a health practitioner licensed by the State of Colorado and acting under a physician's authority, makes a certification thereof and said certification is received by the utility in writing or by phone. A utility may require written confirmation of a certification received by phone within ten (10) days of the call. Such certification shall be incontestable by the utility as to medical judgment, although the utility may use reasonable means to verify the authenticity of such certification.
723-4-13(f)(2) In the event a medical certification is delivered to or received by the utility, the non-discontinuance of service shall be effective for sixty (60) days from the date of said medical certification. One thirty-day extension of non-discontinuance of service may be effected by delivery to or receipt by the utility of a second medical certification, as aforesaid, prior to the expiration of the initial sixty-day period. 723-4-13(f)(3) A residential customer may invoke the provisions of subsection (f) herein no more than once during any period of twelve consecutive months, said period to begin on the first date said medical certification is presented.
723-4-13(f)(4) A customer who invokes this part (f) may request an installment payment plan arrangement on or before the last day covered by a medical certification or extension thereof. A customer who already has entered an installment payment plan arrangement and who has not broken arrangements prior to invoking this part (f) may renegotiate the installment payment plan arrangement on or before the last day covered by a medical certification or extension thereof. A customer who already has entered an installment payment plan arrangement but has broken arrangements prior to invoking this part (f) must pay, on or before the last day covered by the medical certification or extension thereof, all amounts that would have been paid up to that date had arrangements not been broken, and resume the installment payment plan arrangement, in order to avoid discontinuance of service.
723-4-13(g) Whenever reference is made herein to a notice or other document being mailed or delivered, that phrase shall mean that the notice or other document is either deposited in the United States Mails, or physically delivered to the address of the addressee, and does not necessarily include actual physical receipt by the addressee.
723-4-13(h) Reporting Requirements. Each utility shall keep on-going monthly statistics as set forth in Rule 13(h)(1)–(8). Such statistics shall be provided quarterly to the supervisor of the consumer affairs office of the public utilities commission within thirty (30) days of the close of the preceding calendar quarter. Such statistics shall include:
723-4-13(h)(1) The number of disconnections of residential and non-residential service for non- payment and for any other violations of rules including energy diversion; 723-4-13(h)(2) The number of residential and non-residential disconnected accounts which are subsequently restored for payment in full or cure, and the number of residential disconnected accounts which are subsequently restored for payment arrangements; 723-4-13(h)(3) The number of customers submitting medical certifications; 723-4-13(h)(4) The number of customers who entered into payment arrangements; 723-4-13(h)(5) The number of customers defaulting on such payment arrangements; 723-4-13(h)(6) The number of residential and non-residential accounts currently in arrears, and the total dollar amount of the arrears;
723-4-13(h)(7) The number of customers requesting a hearing before the utility manager or the manager's designee with regard to pending discontinuance; 723-4-13(h)(8) The number of proven instances of energy diversion among residential consumers and the total dollar loss to the utility as a result of such diversion. RULE (4 CCR) 723-4-14 METERS AND SERVICE CONNECTIONS.
723-4-14(a) All meters used in connection with gas service shall be furnished, installed and maintained at the expense of the utility.
723-4-14(b) Any equipment, devices, or facilities furnished at the expense of the utility or on which the utility bears the expense of maintenance and renewal shall remain the property of the utility and may be removed by it at any time after discontinuance of service. 723-4-14(c) Gas service connections to the customers premises or property line shall be installed and maintained at the expense of the utility. This rule shall not apply when unusual conditions are encountered, or to very long service connections. When such special cases arise, the Commission will, if necessary, prescribe the proper charge. 723-4-14(d) Sub-metering, which is the resale of gas by a master-metered customer of an gas utility is prohibited. Nothing in the foregoing sentence shall prohibit a master-metered customer from check-metering tenants, lessees, or other persons to whom ultimately the gas is distributed, for the purpose of reimbursing the master-metered customer by an appropriate allocation procedure, provided the master-metered customer does not receive more than is necessary to pay the master-metered bill.
RULE (4 CCR) 723-4-15 PRACTICE UNDER THESE RULES TO BE FILED. Each utility shall file with this Commission within four months after receipt of this order, a statement, typewritten, properly identified and dated, on 8 ½ × 11 sheets, describing its practice under these rules as follows:
(1) Description of test methods employed and frequency of tests or observations for determining quality and pressure of gas service furnished.
(2) Description of meter testing equipment, including methods employed to ascertain and maintain accuracy of all testing equipment.
(3) Rules covering testing and adjustment of service meters when installed and periodic tests after installation.
Revisions in any portion of this statement after filing will necessitate the filing of an entire new statement, properly identified and dated, cancelling the one on file. RULE (4 CCR) 723-4-16 REPORTS TO THE COMMISSION.
Each utility shall make special reports at such time and in such form as the Commission may from time to time require.
RULE (4 CCR) 723-4-17 MICROFILMING OF RECORDS.
Nothing in these rules shall prevent any utility from microfilming any records it desires, provided that the microfilm shall be retained by the utility for the same period of time as specified for the original records. RULE (4 CCR) 723-4-18 [REPEALED - RESERVED FOR FUTURE USE] RULE (4 CCR) 723-4-19 DEFINITION OF CUBIC FOOT OF GAS.
723-4-19(a) For the purpose of testing gas under these rules, a cubic foot of gas means that amount of gas which when saturated with water vapor at a temperature of sixty degrees (60°) Fahrenheit and subjected to an absolute pressure equal to thirty inches (30') of mercury, at thirty-two degrees (32°) Fahrenheit, (14.73 pounds per square inch) occupies a volume of one (1) cubic foot. 723-4-19(b) Sales, Low Pressure Distribution. For the purpose of measurement of gas to a customer, a cubic foot of gas shall be taken to be the amount of gas which occupies a volume of one (1) cubic foot under the conditions existing in such customer's meter as and where installed, provided, however, that when gas is metered at a pressure in excess of four ounces above local atmospheric pressure a suitable correction factor shall be applied to provide for measurement of gas as if delivered and metered at a pressure of four (4) ounces above average local atmospheric pressure.
723-4-19(c) Sales, High or Intermediate Pressure Distribution. In cases where gas is supplied to customers through orifice or other type meters at other than standard low pressure distribution conditions, the utility shall apply suitable correction factors as it deems necessary for measurement of gas as if metered at standard delivery.
RULE (4 CCR) 723-4-20 HEATING VALUE OF GAS.
723-4-20(a) Each utility supplying gas for domestic, commercial or industrial purposes shall establish and maintain either a standard or a minimum heating value for its product. The standard shall be the monthly average total heating value determined by tests of the gas taken from such point or points on the distribution system and at such test frequencies as are reasonably necessary for a proper determination. The minimum shall be the lowest monthly average total heating value of gas supplied by the utility in any given service area. The utility shall declare such standard or such minimum, expressed in Btu per cubic foot, as a part of its schedule of rates on file with this Commission.
723-4-20(b) This standard heating value shall be that value which is on file with the Commission as a part of the utility's schedule of rates or that value which shall be declared by the utility, provided, however, that any change in value shall be made in accordance with the conditions hereinafter stated.
723-4-20(c) If the utility finds it more practical, economical and efficient to render service with gas of another heating value than the standard heating value on file with the Commission, the utility may file a new heating value standard and a new rate schedule; and if the conditions hereinafter stated shall have been complied with and the Commission shall not have suspended the new rate schedule as provided in § 40-6-111, C.R.S., or ruled against the change, such new heating value standard and rate schedule shall become effective thirty days from the date on which they are filed with the Commission. The conditions which must be met by a utility thus voluntarily changing its heating value standard are as follows:
723-4-20(c)(1) The rate schedule for gas shall be so changed that every part or kind of change in the rate shall be reduced and may be increased in direct proportion to the reduction or increase of the Btu content, except that the minimum charge, service charge, or customer charge shall remain unchanged.
723-4-20(c)(2) Readjustment of customer's appliances and devices to render unimpaired service under the new standard shall be promptly made by the utility without charge to the customers.
723-4-20(c)(3) The utility shall be prepared to justify the standard it adopts before the Commission by such pertinent facts as may be required.
723-4-20(d) The utility shall maintain the heating value of the gas with as little deviation as is practicable and such deviation is limited to the range of 5% above to 5% below the standard adopted. 723-4-20(e) In the event a utility elects to file a minimum heating value for its gas, no deviation below said minimum shall be permitted. If the heating value of the gas delivered is increased to such an extent that it becomes necessary to adjust the customer's appliances, said adjustment shall be made at the expense of the utility.
723-4-20(f) To obtain the monthly average heating value of gas, the results of all tests of heating value made on any day shall be averaged, giving total heating value for that day. The monthly average total heating value shall be the average of all such daily averages taken during the calendar month. It is understood that all records and statements are based on tests made under standard conditions, i.e., at 60 degrees Fahrenheit and under a pressure of 30 inches of mercury. RULE (4 CCR) 723-4-21 CALORIMETER EQUIPMENT.
723-4-21(a) Each utility whose gas output exceeds twenty million cubic feet per annum, shall equip itself with a complete standard calorimeter outfit and all necessary accessories acceptable to this Commission, by which it shall determine the heating value of gas at least once each week. A complete record of these tests shall be kept for a period of not less than two years from the date of such tests.
723-4-21(b) The foregoing rule, need not apply where the utility is purchasing gas on a heat value basis, or where the wholesaler makes available to the utility a record of the heating value of the gas delivered to the utility, and the tests by the wholesaler are made with at least such frequency as specified in part (a) above.
RULE (4 CCR) 723-4-22 PURITY OF GAS.
All gas supplied to customer shall be substantially free of impurities which may cause corrosion of mains or piping, or form corrosive or harmful fumes when burned in a properly designed and adjusted burner. RULE (4 CCR) 723-4-23 PRESSURE OF GAS.
723-4-23(a) Subject to the approval of this Commission each gas utility may divide its distributing system into as many districts as it shall consider desirable, and it shall fix for each such district or for its distributing system as a whole, the normal pressure of gas which it proposes to maintain. 723-4-23(b) For normal service, the gas shall be delivered by the utility at a pressure of 6 inches water column, plus or minus 2 inches water column, measured at the meter outlet. 723-4-23(c) Where operating conditions are such that the utility deems a higher delivery pressure necessary, gas pressures at the meter outlet may exceed the limits prescribed in (b) preceding and the utility will require the customer to install adequate pressure regulating equipment in customer's lines so that the pressure at the outlet of such regulators shall be the proper value as to be utilized by customer's equipment.
723-4-23(d) In distribution systems serving 100 or less customers, the utility shall semi-annually check distribution pressures by indicating gauges at the district regulator station or other appropriate point in the distribution system.
In distribution systems serving more than 100 and less than 500 customers, the utility shall maintain a graphic recording pressure gauge at its plant, office, district regulator station, or at some other appropriate point in the distribution system.
In distribution systems serving 500 or more customers, the utility shall maintain one or more additional recording pressure gauges and shall make frequent 24-hour records of the gas pressure prevailing at appropriate points in the system.
All such pressure records shall be appropriately annotated and kept on file available for inspection for a period of at least two years.
The intent of this rule is not to waive any requirements under the Commission's Gas Pipeline Safety Rules 4 CCR 723-11,18, but to be interpreted as being more stringent. RULE (4 CCR) 723-4-24 [RESERVED FOR FUTURE USE].
RULE (4 CCR) 723-4-25 GAS METER ACCURACY AND TESTING.
723-4-25(a) Every gas service meter, whether new, repaired, or removed from service for any cause shall be in good order and shall be adjusted to be correct to within one percent when passing gas at twenty percent of its rated capacity at one-half inch water column differential before being installed for the use of a customer.
723-4-25(b) No diaphragm type gas service meter in sizes having rated capacity of 800 cubic feet or less per hour at one-half inch water column differential shall be allowed to remain in service more than six years from the time when last tested without being retested, and, if necessary, readjusted to be correct within one percent.
723-4-25(c) No diaphragm type gas service meter in sizes having a rated capacity of more than 800 cubic feet per hour at one-half inch water column differential shall be allowed to remain in service more than five years without being retested, and, if necessary, readjusted to be correct within one percent.
723-4-25(d) No rotary displacement type gas service meter in sizes having a rated capacity of 5,000 cubic feet or less per hour at one-half inch water column differential shall be allowed to remain in service for more than five years without being retested and, if necessary, readjusted to be correct within one percent.
723-4-25(e) Rotary displacement type gas service meters in sizes having a rated capacity of more than 5,000 cubic feet per hour at a differential not to exceed two inches water column shall be tested and calibrated at the factory in accordance with recognized and accepted practices and shall be adjusted to be correct within two percent slow and one percent fast when passing gas at ten percent of its rated capacity and shall be adjusted to be correct within one percent slow and one percent fast when passing gas at one hundred percent of its rated capacity. The length of period a meter of this type and size shall be allowed to remain in service before testing shall be established by the Company's experience, and is subject to the Commission's review. 723-4-25(f) Orifice metering shall be tested not less than once each year. RULE (4 CCR) 723-4-26 METER TESTING ON REQUEST.
Each gas utility furnishing metered gas service shall at any time when requested by a customer make a test of the accuracy of any gas service meter free of charge; provided, first, that such meter has not been tested within the twelve months period prior to such request, and second, that the customer will agree to accept the result of such test made by the utility as the basis for settling the difference claimed. No charge shall be made to the customer for any such test except as may be allowed by the Commission in special cases. A written report giving the result of every such test shall be made to the customer who requested it, the original record being kept on file at the office of the utility for a period of at least two years. RULE (4 CCR) 723-4-27 METER TEST VERIFICATION.
723-4-27(a) Upon written application to the Commission by the customer, the Commission will send a trained employee to witness the test of any service meter as performed by the utility. The application for the service shall be accompanied by a remittance of the amount fixed below as the fee for the service. If the meter is found to be fast beyond the limits prescribed in Rule 28, this fee shall be reimbursed to the customer by the utility. The schedule of fees for this service shall be as follows:
Capacity of 800 cubic $20.00 feet or less per hour Capacity of over 800 $40.00 cubic feet per hour Rotary Meters $160.00 723-4-27(b) Upon written application to the Commission by any gas utility, the Commission will send a trained employee to witness a test on any of the utility's service meters upon payment of the scheduled fee. This Rule and the above schedule of fees apply only when there is a dispute between the customer and the company regarding the accuracy of the meter. RULE (4 CCR) 723-4-28 ADJUSTMENT OF BILLS FOR METER ERROR. 723-4-28(a) If on test of any gas service meter, on request of the customer either by the utility or the Commission, it be found more than two per cent fast, the utility shall refund to the customer such percentage of the amount of the bills of the customer for the period of six months just previous to the removal of such meter from service, or for the time the meter was in service, not exceeding six months, as the meter shall have been shown to be in error by such test. 723-4-28(b) If on test of any gas service meter, on request of a customer, either by the utility or the Commission, it be found to be more than two per cent slow, the utility may collect from the customer the amount estimated to be due for gas not charged for in bills rendered for not to exceed the six months' period prior to such test.
723-4-28(c) If a meter is found to have an incorrect register or multiplier, the error shall be corrected. Where the error is adverse to the customer, the utility shall refund to the customer an amount equal to the excess charged for the cubic feet of gas incorrectly metered for the period of time the meter was used in billing the customer. Where the error is adverse to the company, the utility may make a charge to the customer for the cubic feet of gas incorrectly metered for the period of time the meter was used in billing the customer.
723-4-28(d) If a gas service meter is found not to register or to register intermittently for any period of time, the utility shall estimate a charge for the gas used but not metered by averaging the amounts used over similar periods, or over corresponding periods in previous years, or by any other acceptable available information.
RULE (4 CCR) 723-4-29 METER TESTING FACILITIES.
Each utility having more than 200 gas meters in service shall maintain one or more suitable gas meter provers of standard design, and shall keep the same in proper adjustment so as to register the condition of meters tested within one-half of one per cent. Each meter prover must be accompanied by a certificate of calibration indicating that it has been tested with a standard which has been certified by the National Bureau of Standards or some testing laboratory of recognized standing. Meter provers must be located in a large, comfortable working space, free from excessive temperature variations, equipped with all necessary facilities and accessories, and at all reasonable hours accessible for inspection and used by the duly authorized representatives of this Commission. RULE (4 CCR) 723-4-30 MAIN EXTENSIONS.
Each gas utility shall file with the Commission its definite rules and regulations providing for the making of gas main extensions, and no utility shall make or refuse to make any extension except as permitted by these rules and regulations, regularly filed and approved by the Commission, and open to public inspection at each office of the utility where applications for services are received. RULE (4 CCR) 723-4-31 RULES REGULATING THE SERVICE OF GAS UTILITIES MASTER METER OPERATORS - GAS.
723-4-31(a) DEFINITIONS.
723-4-31(a)(1) Master Meter Operators. — (MMO) — any person who purchases gas service from a Colorado regulated public utility for the purpose of delivery to end users at a charge the aggregate usage for which is to be measured by a master meter or other composite measurement device, which will be used by the Colorado regulated public utility for billing the MMO.
723-4-31(a)(2) Application. — pleading filed with the Commission under this rule to obtain an order that the MMO is exempt from regulation.
723-4-31(a)(3) Master Meter. — the meter or other composite measurement device used for billing purposes by the Colorado regulated utility.
723-4-31(a)(4) Check Meter. — meter used by the MMO for purposes of determining usage of those served by the MMO, if the MMO is exempt from regulation. 723-4-31(a)(5) Sub Meter. — meter used for purposes of determining usage of end users by an MMO that is not exempt from regulation.
723-4-31(a)(6) Resale. — charging more than the amount billed to the MMO by the Colorado regulated utility, or including unauthorized charges in the amounts passed on to end users.
723-4-31(b) PROCEDURE.
Any MMO desiring to be exempt from regulation of rates under the “Public Utilities Law”, Articles 1 to 7 of Title 40 C.R.S., shall file an application requesting such, and which shows: 723-4-31(b)(1) The MMO does not charge the end users, as part of its billing for utility service, for any costs in addition to the actual cost billed to the MMO by the serving utility, including without limitation costs of construction, maintenance, financing, administration, metering, or billing for the utility distribution system owned by the MMO; 723-4-31(b)(2) If the MMO bills the end users separately for service, the sum of such billings does not exceed the amount billed to the MMO by the serving utility; 723-4-31(b)(3) If the MMO bills the end users separately for service, the MMO passes on to the end users any refunds, rebates, rate reductions, or similar adjustments it receives from the serving utility;
723-4-31(b)(4) In passing on refunds, rebates, rate reductions, or similar adjustments to end users, the MMO shall notify its current end users, either by first class mail with a certificate of mailing or by inclusion in any monthly or more frequent regular written communications, of such adjustments and inform the end users that they may claim the adjustments within ninety days after receipt of the notice. The MMO may retain any portion of such adjustments which rightfully belongs to the MMO. Upon the expiration of the ninety-day claims period, the MMO shall identify any such adjustments which are unclaimed and, if the aggregate amount unclaimed exceeds one hundred dollars, the MMO shall contribute such unclaimed amount to the fund established by the Legislative Commission on Low-Income Energy Assistance pursuant to section 40-8.5-104, C.R.S. 723-4-31(b)(5) The procedures proposed by the MMO for notifying those that are not current end users, but who were users during the period covered, for the matters discussed in (4) above.
723-4-31(b)(6) The methods the MMO proposes to use to show compliance with (b)(1) through
723-4-31(c) ACTION BY COMMISSION ON ITS OWN MOTION.
723-4-31(c)(1) The Commission may on its own motion enter an order exempting an MMO, just as if an application had been filed, so long as appropriate information has been obtained to show such an order would be authorized by § 40-1-103.5, C.R.S. 723-4-31(d) RESALE NOT AUTHORIZED.
723-4-31(d)(1) MMOs having obtained an order of exemption are not authorized to engage in any practice that would constitute a resale under these rules. 723-4-31(d)(2) Resale activity is a basis for revocation of an exemption order. Sub-meters are used for resale activity. If it is shown that § 40-1-103.5, C.R.S. is complied with, the meter will be deemed a check meter.
RULE (4 CCR) 723-4-32. RULES FOR THE REPORTING OF UNCLAIMED DEPOSITS AND REFUNDS BY GAS UTILITIES AND MASTER METER OPERATORS, AND PROCEDURES FOR THE PAYMENT OF UNCLAIMED DEPOSITS AND REFUNDS INTO THE FUND ESTABLISHED BY SECTION 40-8.5-104, C.R.S.
723-4-32.1 DEFINITIONS 723-4-32.1.1 “Commission” means the Colorado Public Utilities Commission. 723-4-32.1.2 “Customer” means a subscriber of Gas Utility supply or delivery services or an end user of a Gas MMO's services, and also means a landlord acting as a Gas master meter operator. 723-4-32.1.3 “Deposit” means moneys Deposited by a Customer with a utility to secure payment for services or any other amount which is paid in advance for Gas Utility services to be furnished, including, but not limited to, moneys received by the utility in accordance with the utility's security or construction Deposit policy.
723-4-32.1.4 “Fund” means the Colorado Energy Assistance Foundation, a Colorado nonprofit corporation, or its successor, which is the nonprofit corporation established by the Colorado Commission on Low-Income Energy Assistance pursuant to § 40-8.5-104, C.R.S. (Vol. 11, 1998). 723-4-32.1.5 “Gas utility” means every Gas corporation operating for the purpose of supplying Gas to the public for domestic, mechanical, or public uses and includes every public utility supplying Gas. 723-4-32.1.6 “Interest” means the compensation paid for the use of money. 723-4-32.1.6.1 Interest shall be earned on a Customer deposit from the time the deposit is received by a Gas Utility or Master Meter Operator to the date the unclaimed amount is paid into the Fund. The interest rate from the time the deposit is received by the Gas Utility or Master Meter Operator to the date the unclaimed amount is due to be paid to the Fund pursuant to Rule 723-4-32.1.10.2, if paid within four months thereof, shall be calculated at the percentage rate per annum prescribed in Rule 723-4-11. The interest rate on unclaimed deposits that are not paid into the Fund within four months of the time the deposit is deemed unclaimed and abandoned pursuant to Rule 723-4-32.1.10.2 shall be calculated at the percentage rate per annum prescribed in Rule 723-4-11 plus 6%. 723-4-32.1.6.2 Interest shall be earned on refundable customer advances in aid of construction from the time the refundable amount is deemed owed to the customer pursuant to the terms of the Gas Utility's extension policy to the date any unclaimed amount is paid into the Fund. The interest rate from the time the refundable advance is deemed owed to the customer to the date the unclaimed amount is due to be paid to the Fund, if paid within four months thereof, shall be calculated at the percentage rate per annum prescribed in Rule 723-4-11. The interest rate on unclaimed advances that are not paid into the Fund within four months of the time the deposit is deemed unclaimed and abandoned pursuant to Rule 723-4-32.1.10.2 shall be calculated at the same percentage rate per annum prescribed in Rule 723-4-11 plus 6%.
723-4-32.1.6.3 Interest shall be earned on Undistributed Refunds from the time the refund is received by a Gas Utility or Master Meter Operator to the date the unclaimed amount is paid into the Fund. A Gas Utility or Master Meter Operator must pay the Undistributed Refund into the Fund within four months of, respectively, the time the refund is deemed undistributed pursuant to the refund plan approved by the Commission, or the expiration of the 90 day claims period specified in § 40-1-103.5(2), C.R.S. The interest rate from the time the refund is received by the Gas Utility or Master Meter Operator to the date the unclaimed amount is due to be paid to the Fund, if paid within four months thereof, shall be calculated at the percentage rate per annum prescribed in Rule 723-4-11. The interest rate on Undistributed Refunds that are not paid into the Fund within four months of the time the refund is deemed unclaimed and abandoned shall be calculated at the percentage rate per annum prescribed in Rule 723-4-11 plus 6%. 723-4-32.1.7 “MMO” as used herein means any person, corporation, or other entity who purchases Gas service from a regulated Gas Utility for the purpose of delivery of such service to end users whose aggregate usage is to be measured by a master meter or other composite measurement device which will be used by the Gas Utility for billing the MMO. For purposes of these rules, delivery of service to end-users means delivery in which the commodity of gas consumed by or transported to the end-user is either: a) measured by the MMO by means of a check meter, or b) specifically allocated to the end-user by the MMO.
723-4-32.1.8 “Refund” means moneys previously collected by the Gas Utility in its rates and charges (directly or through an MMO) which the Gas Utility becomes obligated to return to particular Customers pursuant to Commission order or order of a court of competent jurisdiction. Refund does not include prospective rate reductions, unclaimed utility Deposits, or cost-adjustments previously approved by the Commission and contained in the Gas Utility's tariffs. 723-4-32.1.9 “Reporting Year” means the 12 month calendar year ending December 31, immediately preceding the date any Refund or Deposit report is due to the Commission from the Gas Utility or MMO.
723-4-32.1.10 “Unclaimed Deposits” means 723-4-32.1.10.1 Deposits, including any interest thereon, less any lawful deductions or amounts owed to a Gas Utility, that the Gas Utility has been directed to return to the Customer by an administrative or judicial order or that is due the Customer through the utility's security or construction Deposit policy and that remains unclaimed by the Customer for more than two years from the date of the order;
723-4-32.1.10.2 Deposits which shall be deemed unclaimed and presumed abandoned when left with the utility for more than two years after termination of the services for which the Deposit or advance was made or for more than two years after the Deposit becomes payable to the Customer and the utility has made reasonable efforts to locate the owner of the unclaimed moneys or distribution is unsuccessfully attempted pursuant to a final order of the Commission or an administrative agency or judicial body having jurisdiction to establish the terms and conditions of such Deposit or advance. 723-4-32.1.10.3 The term “Unclaimed Deposits” does not include (i) undistributed Refunds for overcharges that are subject to other statutory provisions and (ii) credits to existing Customers through cost-adjustment mechanisms previously approved by the Commission and contained in Gas Utility tariffs.
723-4-32.1.11 “Undistributed Refund” or “Undistributed Amounts” means any Refund, or portion thereof, owed to a particular Customer that for any reason is not returned to that Customer, provided the Gas Utility and, as applicable, the MMO makes a reasonable effort to, respectively, carry out the refund in accordance with the Commission order, or comply with the requirements of § 40-1- 103.5(2), C.R.S..
723-4-32.2 PAYMENT OF UNCLAIMED DEPOSITS BY GAS UTILITIES TO THE FUND. Gas Utilities shall pay all Unclaimed Deposits, including interest, to the Fund on or before July 1 each year.
723-4-32.3 UNCLAIMED DEPOSIT REPORTS BY GAS UTILITIES.
On or before July 1 of each year, with respect to the previous twelve months ending December 31 (the “Reporting Year”), every Gas Utility shall file a sworn, verified report with the Commission showing: 723-4-32.3.1 The amount of Deposits, as defined herein, and associated Interest on hand attributable to amounts received from Customers;
723-4-32.3.2 The amount of Deposits and associated Interest on hand attributable to advances from Customers for new connections, new construction, or new pipelines under the Gas Utility's extension policies or tariffs;
723-4-32.3.3 Payments by the Gas Utility during the Reporting Year to the Fund of Unclaimed Deposits having their origin in:
723-4-32.3.3.1 Deposits attributable to amounts received from Customers under Rule 723-4-11, or any equivalent rule or tariff of the Gas Utility;
723-4-32.3.3.2 Deposits attributable to advances from Customers for new connections, new construction or new pipelines under the Gas Utility's extension policies or tariffs; 723-4-32.3.3.3 A combined Electric and Gas Utility may satisfy the reporting requirement by filing a single report containing combined gas and electric information. 723-4-32.3.3.4 The report shall be filed with the Commission entitled “Unclaimed Deposit Report” and shall be public. The Commission shall establish a docket or dockets as a repository for these reports. Concurrently upon filing the report with the Commission, the utility or MMO shall provide copy of the report to the Fund.
723-4-32.4 PAYMENT OF UNDISTRIBUTED REFUND AMOUNTS TO THE FUND. 723-4-32.4.1 Gas Utilities that make Refunds shall pay 90% of all associated Undistributed Amounts, plus associated Interest, into the Fund, in accordance with the Commission decision directing and approving the refund.. Gas MMO's that receive or make Refunds shall pay all associated Undistributed Refunds, including interest, into the Fund whenever the total, aggregate value of such unclaimed Refunds exceeds $100.00.
723-4-32.4.2 Whenever a Gas Utility makes a Refund to Customers, the Gas Utility shall give notice in writing to those of its customers that the Gas Utility believes may be MMOs of a) an MMO's obligation to remit Undistributed Amounts in excess of $100 to the Fund; and, b) the definition of MMO contained in rule 723-4-32.1.7 of these rules. A notice to a class of customers that the Gas Utility reasonably believes is likely to include MMO customers shall satisfy this requirement. 723-4-32.5 REFUND REPORTS BY GAS UTILITIES.
On or before July 1 of each year, every Gas Utility shall file a sworn, verified report with the Commission that either:
723-4-32.5.1 States that the Gas Utility neither made nor was in the process of making any Refunds during the Reporting Year; or, 723-4-32.5.2 States with respect to each Refund the Gas Utility made or was in the process of making during the Reporting Year:
723-4-32.5.2.1 The Undistributed Amounts and Interest associated with the Refund; and, 723-4-32.5.2.2 A brief summary of what gave rise to the Refund. 723-4-32.5.3 The report shall be filed with the Commission entitled “Refund Report” and shall be public. The Commission shall establish a docket or dockets as a repository for these reports. Concurrently upon filing the report with the Commission, the utility or MMO shall provide a copy of the report to the Fund.
723-4-32.6 REFUND REPORTS BY MMOS.
On or before July 1 of each year, every MMO shall file a sworn, verified report with the Commission that either:
723-4-32.6.1 States that the MMO neither received from a Gas Utility nor was in the process of distributing to Customers a Refund during the Reporting Year; or, 723-4-32.6.2 States with respect to each Gas Utility Refund the MMO received from the Gas Utility or was in the process of distributing during the Reporting Year: 723-4-32.6.2.1 The total dollar amount of the Refund received by the MMO from the Gas Utility, and when received;
723-4-32.6.2.2 The dollar amount of the Refund retained by the MMO as a Customer in its own right;
723-4-32.6.2.3 The dollar amount of the Refund returned by the MMO to Customers entitled to such Refund amounts;
723-4-32.6.2.4 All Undistributed Amounts from the Refund, and the calculation of Interest on said amounts from the date received by the MMO to the date paid by the MMO to the Fund, or if not yet paid to the Fund, through the Reporting Year; 723-4-32.6.2.5 The date and amount of Undistributed Amounts (inclusive of Interest earned while in the possession of the MMO) paid by the MMO into the Fund. 723-4-32.6.3 The report shall be filed with the Commission entitled “Refund Report” and shall be public. The Commission shall establish a docket or dockets as a repository for these reports. Concurrently upon filing the report with the Commission, the utility or MMO shall provide a copy of the report to the Fund.
723-4-32.7 COMMISSION ORDERS ON DISPOSITION OF UNDISTRIBUTED AMOUNTS. At any time a Gas Utility is in possession of a sum subject to refund in excess of an amount that would result in payment of $1 or more to the Gas Utility's average residential customers, the Gas Utility shall within sixty (60) days file an application with the Commission for an order approving a plan for the refund thereof, including provision for the payment into the Fund of ninety percent (90%) of the Undistributed Amount associated with the refund or such other disposition as the Commission may order. A copy of each such application shall be served on the Fund and on the Office of Consumer Counsel. The application shall be processed, and an appropriate order entered by the Commission, in accordance with § 40-6-109.5, C.R.S. and the Commission's procedural rules implementing that statute.