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5.2. ERMUSR 05-14-2013 Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: Elk River Municipal Utilities Commission Troy Adams, P.E. —General Manager John Dietz—Chair Al Nadeau—Vice Chair Daryl Thompson—Trustee MEETING DATE: AGENDA ITEM NUMBER: May 14, 2013 5.2 SUBJECT: MN Statute 216B.097 Cold Weather Rule BACKGROUND: Minnesota statute 216B.097 states that"A municipal utility or a cooperative electric association must not disconnect and must reconnect the utility service of a residential customer during the period between October 15 and April 15 if the disconnection affects the primary heat source for the residential unit..." DISCUSSION: Elk River Municipal Utilities has always followed the procedure of disconnecting shortly before October 15th and then again shortly after the following April 15th. This year when the Cold Weather Rule ended, temperatures were colder than years past. The Commission requested to discuss our disconnect procedure during inclement weather. ACTION REQUESTED: No action requested. ATTACHMENTS: • Minnesota Statute 216B.097 Cold Weather Rule: Cooperative or Municipal Utility • Letter from the Minnesota Municipal Utilities Association • Letter from the Minnesota Public Utilities Commission n P II F N F B Il Page 1 of 1 N O NATUR E Reliable Public Power Provider Powrero To SrR.r 1 MINNESOTA STATUTES 2012 216B.097 21611097 COLD WEATHER RULE; COOPERATIVE OR MUNICIPAL UTILITY. Subdivision I. Application; notice to residential customer. (a) A municipal utility or a cooperative electric association must not disconnect and must reconnect the utility service of a residential customer during the period between October 15 and April 15 if the disconnection affects the primary heat source for the residential unit and all of the following conditions are met: (I) The household income of the customer is at or below 50 percent of the state median household income. A municipal utility or cooperative electric association utility may (i) verify income on forms it provides or(ii) obtain verification of income from the local energy assistance provider. A customer is deemed to meet the income requirements of this clause if the customer receives any form of public assistance, including energy assistance,that uses an income eligibility threshold set at or below 50 percent of the state median household income. (2) A customer enters into and makes reasonably timely payments under a payment agreement that considers the financial resources of the household. (3)A customer receives referrals to energy assistance, weatherization, conservation, or other programs likely to reduce the customer's energy bills. (b) A municipal utility or a cooperative electric association must, between August 15 and October 15 each year, notify all residential customers of the provisions of this section. Subd. 2. Notice to residential customer facing disconnection. Before disconnecting service to a residential customer during the period between October 15 and April 15, a municipal utility or cooperative electric association must provide the following information to a customer: (1) a notice of proposed disconnection; (2) a statement explaining the customer's rights and responsibilities; (3) a list of local energy assistance providers; (4) forms on which to declare inability to pay; and (5) a statement explaining available time payment plans and other opportunities to secure continued utility service. Subd. 3. Restrictions if disconnection necessary. (a) If a residential customer must be involuntarily disconnected between October 15 and April 15 for failure to comply with subdivision 1, the disconnection must not occur: (1) on a Friday, unless the customer declines to enter into a payment agreement offered that day in person or via personal contact by telephone by a municipal utility or cooperative electric association; (2) on a weekend, holiday, or the day before a holiday; (3) when utility offices are closed; or (4) after the close of business on a day when disconnection is permitted, unless a field representative of a municipal utility or cooperative electric association who is authorized to enter into a payment agreement, accept payment, and continue service, offers a payment agreement to the customer. Copyright©2012 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2 MINNESOTA STATUTES 2012 216B.097 Further,the disconnection must not occur until at least 20 days after the notice required in subdivision 2 has been mailed to the customer or 15 days after the notice has been personally delivered to the customer. (b) If a customer does not respond to a disconnection notice, the customer must not be disconnected until the utility investigates whether the residential unit is actually occupied. If the unit is found to be occupied, the utility must immediately inform the occupant of the provisions of this section. If the unit is unoccupied, the utility must give seven days' written notice of the proposed disconnection to the local energy assistance provider before making a disconnection. (c) If, prior to disconnection, a customer appeals a notice of involuntary disconnection, as provided by the utility's established appeal procedure, the utility must not disconnect until the appeal is resolved. Subd. 4. Application to service limiters. For the purposes of this section, "disconnection" includes a service or load limiter or any device that limits or interrupts electric service in any way. History: 1991 c 235 art 2 s 1; 2001 c 212 art 4 s 2; 1Sp2003 c 11 art 3 s 2; 2007 c 57 art 2s 14,15 Copyright©2012 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. Adams, Troy •om: sdowner @mmua.org Sent: Thursday, April 18, 2013 10:59 AM To: Adams, Troy Subject: Cold Weather Rule Extension Attachments: Cold Weather Rule Letter.pdf Follow Up Flag: Follow up Flag Status: Flagged The State of Minnesota is asking utilities to voluntarily extend, until May 1, the protections afforded low-income customers through the Cold Weather Rule. I told regulatory agency representatives we would forward this letter to you. Please call with any questions, etc. Thank you. Steve Downer, CAE Associate Executive Director Minnesota Municipal Utilities Association 763.746.0702 (direct line) 612.961.9638 (cell) 763.551.0459 (fax) 1 ■ S°92, ST31I_ Irr MINN! SOTA PL RI.l(: UTILITIRa Coi\IMISSION April 17, 2013 Dear Interested Parties: This year's unusually long winter is leading to higher than normal heating bills,causing hardships for many Minnesotans. Some of those households were covered by the Cold Weather Rule, which expired on Monday, April 15th. Given the continued cold temperatures,the Minnesota Public Utilities Commission and the Minnesota Department of Commerce are asking all utilities subject to the rule to temporarily delay disconnecting households until May 1st. This temporary delay will safeguard households until more seasonal weather arrives. Weather patterns are out of our control. However, working together,we can mitigate effects on low income households. Thank you for your time and consideration. S ipce rely, / <,-- toe-t "A BURL W. HAAR IL /B.GRANT Executive Secretary Deputy Commissioner MN Public Utilities Commission MN Department of Commerce PHONE 1651)296-7124•fAX(651)297-7073•TDD;651)297-1200• 121 7th PLACE EAST•SCRE 350•SAINT PAUL,MINNESOTA 5 51 01-2147