The Rhode Island Public Utilities Commission and the Division of Public Utilities and Carriers

1. The Rhode Island Public Utilities Commission and the Division of Public Utilities and Carriers

2. R.I. Public Utilities What is the difference between the Public Utilities Commission and the Division of Public Utilities and Carriers?

3. The Public Utilities Commission is a quasi-judicial tribunal composed of three appointed commissioners, including a Commission Chairman. The Division of Public Utilities and Carriers is a separate agency under the direction of an Administrator who is NOT a commissioner. Two Distinct Regulatory Bodies Basically, the Division is responsible for and has jurisdiction over matters not specifically assigned to the Commission under the General Laws of R.I., Chapter 39 and serves as an administrative and enforcement arm of the Commission.

4. The Public Utilities Commission • The PUC retains jurisdiction to hold hearings and render decisions involving the adequacy of rates, charges, tariffs and services of the following: • Gas • Water • Railroad crossings • Electric • Telephone The Commission, which evolved out of the R.I. Railroad Commission, has been regulating utilities since 1839 and has the authority to revoke, suspend or alter certificates or licenses of utility companies. Also, by law, the Commission Chairman serves as chairman of the state Energy Facility Siting Board.

5. The Public Utilities Commission Chairman Commissioners Paul J. Roberti  Prior to his appointment, Mr. Roberti served for 17 years in the Rhode Island Attorney General's Office, most recently as Assistant Attorney General and Chief of the Regulatory Unit. Appointed 2009 Mary E. Bray Former Director of the Office of Community Services and Advocacy for the Catholic Diocese of Providence. She previously served as Business Manager of the Holy Spirit Catholic Community in Central Falls. Appointed 2005 Elia Germani B.A. Univ. of Rhode Island J.D. Harvard Law School Background: Attorney, Narragansett Electric Co.; Partner at Tillinghast, Collins & Graham; Gen. Counsel Blue Cross of R.I. Assumed chairmanship 2000 Re-appointed 2007 Commissioners are appointed by Governor, with advice and consent of the State Senate, to staggered terms of six years.

6. The Division of Public Utilities Administrator Administrative Staff Kevin Lynch – Administration and Operations Officer Associate Administrators Terrence Mercer – Motor Carriers James Lanni – Engineering/Consumer Affairs Eric A. Palazzo – Cable Television John Spirito, Jr. Esq. – Chief of Legal Services Steve T. Scialabba – Chief Accountant Thomas F. Ahern B.A.: Univ. of Rhode Island MBA: Providence College Twenty-four year career in the telecommunications industry with an extensive background in regulatory matters and public affairs. Appointed to six-year term in 1997 Re-appointed in 2003 and 2009

7. Division of Public Utilities and Carriers l • The Division exercises jurisdiction and duties not specifically assigned to the Commission. • However, the Commission and the Division generally operate in concert as the Division is an indispensable party in all PUC proceedings. Function of the Division is to “serve the PUC by bringing to it all relevant evidence … to help PUC reach a just result.” *Providence Gas v. Burke, 1980

8. Regulatory Funding • The PUC/DPUC budget is not supported by the the state’s general fund. • Public utilities are assessed a charge based on their size (in terms of gross revenue) in relation to other utilities in the state.

9. DPUC’s Enforcement Role • DPUC enforces Commission rules and orders • DPUC also monitors rates and service quality standards set by the Commission

10. Water UtilityRegulation L L L Water rates have been increasing quickly as utilities attempt to meet tighter Federal Safe Drinking Water standards. • Regulate municipal water utilities that sell outside their geographical boundaries: - Providence Water - Pawtucket Water - Woonsocket Water - Newport Water - Kent County Water - United Water (privite)

11. Additional Division Functions • Accounting • Engineering • Utility Facility Safety • Consumer Issues

12. Accounting • The Division’s accounting staff is actively involved in tracking rate issues and service quality performance • Accounting staff play key roles in developing the Division’s position in Commission rate hearings

13. Engineering • The Division’s staff engineers have expertise in gas, electric, telecommunications, water/waste water utilities. • Engineers monitor service quality and help resolve the technical side of service and billing issues.

14. Utility facility safety • The Engineering section of the Division also is charged with overseeing compliance of utility safety measures, including the state’s Dig Safe program. Division engineers conduct investigations when contractors and/or utilities are accused of violating Dig Safe procedures and can issue fines. The Division is working with excavators to get the word out on recently enacted changes to the Dig Safe law.

15. Consumer Issues The Engineering/Consumer Section takes a lead role in regulating utility shut-offs The Consumer Section staff works to resolve billing disputes and shut-offs for standard customers as well as customers who are eligible for Protected Status.

16. Rules and Regulations • Commission • Division

17. Rules & Regulations • Commission- Rules and Regulations Governing the Termination of Residential Electric, Gas, and Water Utility Service • Effective 10/05/09 • Division - Rules and Regulations Prescribing Standards for Water Utilities - Effective 2/21/08

18. Reasons for Termination • Non-payment of utility bill • Customer violation of Terms and Conditions • Necessary for reasons of health, safety or state of emergency • Broken payment agreement approved by Division or utility • Theft of water service • Lack of meter accessibility

19. Insufficient Reasons for Termination • Failure to pay for merchandise, appliances, rentals, or service calls on rentals • Failure to pay for concurrent service received at different metering point, residence or location

20. Winter Shut-off Moratorium • Shut-off moratorium is in effect from November 1 to April 15 for “protected status” customers Protected Status Customers- • Elderly or handicapped • Seriously ill • LIHEAP Recipient • Unemployed (receiving DLT benefits)

21. Termination of Protected Customers Non-Moratorium Period • Shut-offs for elderly, handicapped or seriously ill must be approved by the Division • Other protected classes follow normal shut-off procedures During Moratorium • No shut-offs during Winter Moratorium for protected status customers

22. Notice of Termination Non-Moratorium Period • 10-Day written notice before termination • Post notice of shut-off at property 10 days prior to termination if billing address is different than property in question or if property is a multi-family dwelling During Moratorium Period • In addition to the above, Utility must post notice of shut-off at all properties 48 hours prior to termination and file an affidavit of personal notice or contact with the Division

23. Disconnection of Service • No service disconnection on Friday, Saturday, Sunday , legal holidays or the day before a legal holiday • Must inform customer that service has been terminated, and/or leave notice • Must send written notification of termination • Utility offices must be open for business for at least 3 hours after termination

24. Restoration of Service • Must satisfy payment plan arrangements • Reconnection shall be made during business hours on the day of the request, or at the latest, on the first working day after the request • Immediate restoration when requested by the Division under “special circumstances”

25. Payment Plans • Water utilities may follow Commission’s Residential Payment Plan guidelines , or must submit their own procedures to the Commission, which provide reasonable payment plan terms • Basic Division payment plan is 3 months for water utilities Customer cannot be terminated unless they violate the terms of the payment plan agreement.

26. Billing Disputes • Informal Review • Formal Evidentiary Hearing

27. Informal Review • Informal Review by the Division may be requested by the customer • Utility may not terminate service during dispute • Customer or utility may appeal Informal Review decision • Appeal must be made within 10 days of the decision

28. Formal Evidentiary Hearings • Customer may represent him/herself , or be represented by legal counsel • Utility is required to have legal counsel present at the hearing • Formal decision may be appealed to Superior Court by either party • Hearings are conducted by designated Division staff

29. Landlord Tenant Issues • Utilities may terminate service to multi-family homes • Tenants may make payments in lieu of rent, directly to the water utility as specified in RI General Law 34-18-31 • Tenants are not protected under the protected customer status as they are not customers of the water utility

30. Overview The Public Utilities Commission renders decisions on rates, charges, tariffs and services of regulated utilities. The Division of Public Utilities and Carriers serves as the administrative and enforcement arm of the Commission.

31. Questions?