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HomeMy WebLinkAbout20210820Amended Decision Memo.pdfAMENDED DECISION MEMORANDUM TO:COMNIISSIONER KJELLANDER COMNISSIONER RAPER COMNIISSIONER AI\DERSON COMNIISSION SECRETARY COM1VIISSION STAFF LEGAL FROM: JOHN R. HAMMOND, JR. AI\D JOLENE BOSSARD DATE: AUGUST 10,2021 Rog-d- Lt-bl SUBJECT: FORMAL COMPLAINT OF NICOLE BURBAIIK AGAINST ROCKY MOUNTAIN UTILITY COMPANY, INC. On June l,2l2l,Nicole Burbank, filed a formal complaint ("Complaint"), attached as Affachment A, against the Rocky Mountain Utility Company, Inc. ("Compofly"), a water corporation and public utility, alleging generally that she has never contracted with the Company for utility service and is commiffing fraud and extortion through its billing practices as described in more detail below. See Attachment A. Ms. Burbank submitted additional information to the Commission about the Complaint on July 28,2021. See Attachment B. Before filing the Complaint Ms. Burbank registered an informal complaint with the Idaho Public Utilities Commission's consumer assistance staff ("Staff') about the Company. Staff could not informally resolve the dispute between Ms. Burbank and the Company. On July 21,2021, Staff submitted a Decision Memorandum regarding Ms. Burbank's Complaint. Staff now submits this Amended Decision Memorandum on this maffer to the Commission for its consideration. BACKGROT]ND On Thursday, May 6,2021, Blake Schaatr contacted Staff on behalf of Ms. Burbank submitting an inforrnal complaint about a hand-delivered disconnection notice Ms. Burbank received from a stranger for $877.50 . See Affidavit of Jolene Bossard at p. l. Mr. Schaat stated the May 6,2021, disconnection notice stated Ms. Burbank's water service would be disconnected within 24 hours if she did not pay the $877.50 balance. Id. atConfidential Exhibit A. Mr. Schaat I Ms. Burbank provided oral consent for Mr. Schaat to represent her interests for the informal complaint. AMENDED DECISION MEMORANDUM I stated that Ms. Bwbank thought her home was served by a well, so he did not understand why she was getting the disconnection notice. 1d. Staff advised Mr. Schaat that Staff could request that the Company not disconnect Ms. Burbank's service until her informal complaint was reviewed. Id. On May 6, 2021, Staff emailed links to Mr. Schaat for the Rocky Mountain Utility Company Tariff ("Tariff') and the Commission's Customer Relations Rules for Gas, Electric, and Water Public Utilities ("UCRR"), IDAPA 31.21.01; specifically pointing to Rules 304 and 3ll. Id. Staff also submitted the informal complaint to the Company and requested that it not disconnect Ms. Burbank's service until the dispute could be reviewed. It is Staff s understanding that Ms. Burbank is still receiving water service from the Company. Id. Staff spoke with Ms. Burbank on Thursday, May 6,2021. Id. Ms. Burbank stated that she was receiving water from a well but didn't know where it was located. Id. Ms. Burbank represented that she was a first-time homeowner and was not well-versed in the intricacies ofhome ownership. 1d. Staff informed Ms. Burbank that if it were determined she was provided water service by the Company's water system, she would have to pay for that service, but that it might be possible to work out a payment arrangement with the Company. Id. Staff also advised Ms. Burbank she could contact Staff by telephone if she had additional questions. On May 10,2021, Staff spoke with a Company representative who advised that a "new service" for Ms. Burbank's residence was established on March 20, 2020, and payments were made for water service until Augu st 4, 2020 . Id . The Company asserted that it sent out an invoice every month and that notices were mailed to Ms. Burbank. Id. The Company further advised that it had sent disconnect notices to Ms. Burbank but the Company prefers not to disconnect customers in the winter. Id. The Company also advised Staff that its technician recently spoke with Ms. Burbank and talked with her about disconnecting service. ,Id. On May 10,202I, Staff requested that the Company provide it with, l) a copy of Ms. Burbank's last bill; 2) a copy of the Final Notice; and 3) payment and billing history for Ms. Burbank. Id. Staff also asked the Company whether invoices are sent to a standard mail address and if it was the same as the service address for the customer. 1d. Staff also asked what payment arrangement the Company would propose for Ms. Burbank to pay off any past due amount. 1d. The Company responded to Staff on the same day by providing Staffwith copies of Ms. Burbank's last bill, final notice, and payment/billing history. Id. at Exhibit B. Ms. Burbank's billing and payment history confirms there was a "Hook up fee" of $850 billed by the Company which does AMENDED DECISION MEMORANDUM 2 not indicate what it is for. /d. This billing history also shows that the Company billed Ms. Burbank $39.50 for water and $58.00 for septic monthly for $97.50 each month.2 Id. T\e Company billed Ms. Burbank for these services on the same invoice. Id. The Company claimed that all invoices were sent to Ms. Burbank's home address. Alfidavit of Bossard at Confidential Exhibit A. The Company also represented that it was open to payment arrangements of any ktfrd. Id. Staffforwarded the information it had received from the Company to Mr. Schaat. Id. Mr. Schaat responded in writing he thought there was a "big deposit" made by Ms. Burbank and that "in accordance with IPUC 101 and more specific 105 shouldn't that have been l/6 for I year rates."3 Id. }.dt. Schaat also stated that according to "Rocky Mountain Utility Rates schedule, 13.9 I noticed something about sending out annually rates and summary of rules and regulations."a Staffresponded in writing it did not see that that Ms. Burbank was required by the Company to make a deposit. Id. Rather, Staffbelieved that the Company had billed for a hook-up fee. Id. Staffnoted that the Company's Commission approved tariffallowed for a $150 water hookup fee and that according to the Company's website the total connection fees for water and sewer is $800. See https://rockymountainutility.com/faqs/. However, the Company's billing history shows the Company billed $850 to connect water and septic service for Ms. Burbank. See Afidavit of Bossard at Exhibit B. On May 11, Mr. Schaat called Staff and advised that Ms. Burbank had contacted her realtor who confirmed there was not a well on her property and that her home was connected to the Company's water system. Affidavit of Bossard at Confidential Exhibit A. Mr. Schaat told Staff that Ms. Burbank claimed she had seen no invoices from the Company but had seen the final disconnection notice because it was hand-delivered to her. Id. Mr. Schaat also advised that Ms. Burbank thought she was paying Rocky Mountain Power until she realized that she did not receive service from that utility. Id. N,dr. Schaat told Staff it believed that the Company was committing 2 The Company's Commission approved Rate Schedule I - All customers (Residential & Commercial) provides that it charges its customers a flat rate of $39.50 for water service. 3 Staffbelieves Mr. Schaat is referring to Rules l0l (Deposit Requirements) and 105 (Amount of Deposit) of the Commission's Utility Customer Relations Rules. a Section 13.9 of the Company's Tariffprovides: Copies of the Company's rates and summary of rules and regulations shall be available at the Company's office and provided to customers upon commencement of service, and annually thereafter in accordance with [the Utility Customer Relations Rules] and the UCIR." Company TarffiSheet 12 Revision at $ 13.9. AMENDED DECISION MEMORANDUM 3 fraud and had overcharged Ms. Burbank for water service. 1d. Mr. Schaat also alleged that the Company was inappropriately threatening to disconnect her water service if she did not pay the combined water and sewer bill. Id. [n response, Staff advised Mr. Schaat that the Commission does not regulate sewer/septic services. Id. Staff also advised Mr. Schaat that smaller companies may combine billing for water and sewer services to save money. Id. On the same day Mr. Schaat emailed to Staff on Ms. Burbank's behalf that asserted: l. That Ms. Burbank's builder paid the $850 hook-up fee but did not tell her. Ms. Burbank asserts she did not agree to be hooked into the Company's system. 2. That the Company never provided her with an itemization for the $850 hook-up fee. 3. That the Company never sent her invoices for services. 4. That the Company's billing information Ms. Burbank received from Staffwas "a mess" and did not comply with "IDAPA 31". 5. That Ms. Burbank has never seen 'oa terms of agreement or even an annual agreement of the water, per IPUC." 6. That Ms. Burbank has a septic system and must pump and maintain it at her own cost. Ms. Burbank contends she is not receiving septic services from the Company but that the Company is overbilling her for water service by adding a line item on her bill for septic. 7. That the Company uses its billing for septic service charges to increase its charges for water service without going to the Commission to ask for a rate increase. 8. There are no meters for water or septic service. 9. That the Company is threatening to shut off her water service if she does not pay for septic service. Id. Mr. Schaat asserts in this correspondence that Ms. Burbank is owed a credit or refund and this "would be accurate when you take inconsideration [sic] the 'deposit"'. Id. Mr. Schaat also stated that "Ms. Burbank did not pay the outrageous 'hook up fee' or 'deposit' for the water. Id. On May 13,2021, Staff requested that the Company itemize charges for water and septic/sewer service since the Commission does not regulate the latter. Id. Staff also asked the Company how its septic/sewer service works. Id. The Company advised that the customer has a holding tank where the waste from a home goes to. Id. Fromthe holding tank the waste goes to AMENDED DECISION MEMORANDUM 4 the sewer system and moves to a treatment facility. Id. The Company also advised that customers must pump the holding tanks out about every 5 years to remove solid waste. .Id. On this same date Staff communicated with Mr. Schaat it had separated the Company's charges for water and sewer service. Id. Based on information provided to it by the Company, Staffadvised Mr. Schaat it believed Ms. Burbank owed the Company $395.00 for water service as of that date. Id. Staff further advised: o The Company does not charge customers a'odeposit" for connecting to its water system. Staff advised there was a line item for an $850 combined water/sewer hookup fee. Staff stated that it believed that $150 was for the water service connection, the amount authorized in the Company's Tariff. o The Company's invoices showed it was charging Ms. Burbank $39.50 a month for water service which was the amount it could charge by its Tariff. o There was no water meter, thus the unmetered, flat monthly fee of $39.50. o Staff could not determine whether Ms. Burbank had received invoices from the Company. However, Staffnoted that the Company's last invoice contained the same address that Ms. Burbank had provided to Staff. o The Company's invoices sent to Staff met the requirements of Rule 201.01(a- j) of the Commission's Utility Customer Relations Rules. o Last, Staff advised that if Ms. Burbank was unsatisfied with StafPs position, she (either herself or through a licensed attomey) could file a formal complaint with the Commission. On May 14, 2021, Mr. Schaat responded in writing to Staff representing that Ms. Burbank believed the Company has and is continuing to overbill her every month by $58.00 (the charges for septic service). Mr. Schaat argued that the "initial deposit was $850 plus the first months [sic] bill of $97.50, totaling 9947.50" which exceeds the amount allowed for a deposit according to the Commission's Rules. Mr. Schaat further asserted that the $58.00 charge for sewer, in addition to the $39.50 for water service is also a violation of the Commission's Rules and the Company's Tariff. Mr. Schaat advised that Ms. Burbank would be filing a formal complaint asserting numerous grounds. On May 17, 2021, the Company advised Staff it sent Ms. Burbank "New Customer Letters" on March 23,2020. The Company sent these documents to Staffwhich included a request AMENDED DECISION MEMORANDUM 5 for contact information for the customer, new customer letter, and a septic explanation. Affidavit of Bossard at Exhibit C. Staff forwarded these documents to Mr. Schaat on May 17,2021. On the same day Mr. Schaat responded that Ms. Burbank claimed to not have received the "New Customer Letters". See Affidavit of Bossard at Confidential Exhibit A. In late N.|'ay 2021, Staffadvised the Company and Mr. Schaat it believed it had done all it could to resolve the dispute between Ms. Burbank and the Company. /d. Staff further advised Mr. Schaat it believed Ms. Burbank owed the Company $395.00 for water service.s Id. As a result, Staff advised Mr. Schaat it was closing its investigation into Ms. Burbank's informal complaint. Staff again advised Mr. Schaat that if Ms. Burbank was dissatisfied with Staffs position, she could file a formal complaint with the Commission. Id. Upon learning that Staffhad closed its investigation of the informal complaint, the Company advised Staff it would be sending out a new disconnection notice to Ms. Burbank on May 24,2021. FORMAL COMPLAINT In Ms. Burbank's May 25,2021, Complaint, she alleges the Company has engaged in acts of fraud and extortion on her and "over a hundred residents in her subdivision." See Attachment A. Ms. Burbank asserts that the Company failed to give her ao'Terms of Agreement or Contracr" for water service. Id. Ms. Burbank further asserts that the Company has never given her any wriffen contractual agreement for water service. Id. Ms. Burbank claims that her builder hooked into the Company's water system without giving her notice and due to confusion "moneys were paid to [the Company]". Id. Ms. Burbank also represents she has not received invoices from the Company. .Id. Ms. Burbank states she received copies of Company invoices through her communications with Staff. Id. Nf:s. Burbank states these invoices were a "mess" and wrongly labeled. Id. N,[s. Burbank claims that the Company billed her a customer deposit but labeled it as a hook-up fee so it would not violate the UCRR. Id. Ms. Burbank also alleges that the Company violated the UCRR by basing the deposit on her sex, marital status, and children.6 Id. Ms. Burbank also alleges that the Company increased her water bill every month and added multiple line items to it without approval from the Commission. Id. Ms. Burbank asserts that one of these line items is for "septic". Id. Ms. Burbank asserts the Company has used the nonpayment of these inappropriate line items to threaten to shut off water service to her residence. .Id. 5 The Company has not charged any late fees for the alleged past due balance for water service. 6 No specific facts are given to support this allegation. AMENDED DECISION MEMORANDUM 6 Ms. Burbank asserts that the Company has violated its Commission approved tariffby increasing the cost for water service "by adding line items in the water (utility) bill and that this violates the Commission's rules and procedures. /d. Ms. Burbank also asserts that the Company's billing practices, and actions have violated the following Utility Customer Relations Rules: 20 I .0 I (a-i), 202.01, 203.0 l -.03 and 206.0 I through 207 . Id. Ms. Burbank also asserts that the Company has overcharged her for a customer deposit in the amount of $850.00 and then billed her $97.50 in the same month. Id. Ms. Burbank also asserts that the Company has wrongfully charged her $58.00 monthly. Ms. Burbank also asserts that the Company violated Rule 109.02 because the Company created "NEW'documents. Id. Ms. Burbank argues the Company's billing practices do not comply with the Commission's rules. Ms. Burbank alleges that the Company has not disclosed the terms and conditions for water usage to her. /d. Ms. Burbank also argues that she does not have a meter on her property for water usage or for water pressure and that "[n]o one has investigated the water pressure to this day." (Emphasis added in the original document). .Id. Ms. Burbank requests that all over payments for monthly services and the customer deposit be refunded to her or applied against future water service charges. Id. Ms. Burbank requests that the Company follow the Commission's Rules and that her bill for utility services be sent to: Nicole Burbank 3890 East Ash Lane Rigby,Idaho 83442 Email: nursenikki0S I 8 @ gmail.com On July 28, 2021, Ms. Burbank sent correspondence to the Commission containing further information relevant to this matter. ,See Affachment B. Ms. Burbank advised that she had given authority to her boyfriend Blake C. Schaat to speak on her behalf. Id. Ms. Burbank advised that Mr. Schaat is a paralegal for a top law firm in eastern ldaho. /d. Ms. Burbank further alleges that Staffs initial Decision Memorandum about her Complaint was inaccurate often. Id. Additionally, Ms. Burbank asserts that since filing her Complaint she has received multiple harassing letters from the Company threatening to shut off her water service. Id. T\e Company disconnection notices attached to this correspondence demand that she pay past due sewer and water service charges to avoid having her water service disconnected. /d. Burbank contends that AMENDED DECISION MEMORANDUM 7 the Company has been warned not send these letters by the "Idaho Public Utilities Commission".T Ms. Burbank states the threats to shut off her water come with demands to pay ever changing amounts. Id. IN'4s. Burbank also asserts that the Company has not changed their billing practices. Ms. Burbank asserts that the Company "has extorted over a 100 residents in our neighborhood for years." Ms. Burbank asserts that she provided documents from other residents in the subdivision to counsel for Staff that included line item increases on water bills to allegedly pay for a "new water Well" that she contends never happened. Ms. Burbank fi.rther complains that "low water pressure that has never been investigated". Last, Ms. Burbank asserts that automatic withdrawal payments show going into a horse racing business owned by the same person that owns the Company. Ms.Burbank asserts that Staffhas refused to give these documents to the Commission. STAFF RECOMMENDATION Based on the materials reviewed by Stafl Staff recommends that the Commission issue a summons and require the Company to answer the allegations made by Ms. Burbank in her Complaint and her July 28, 2021, correspondence. As part of its response to Ms. Burbank's filings, Staffrecommends that the Commission direct the Company to provide: l. An explanation, to include documentation, of how Ms. Burbank's residence at 3890 East Ash Lane, Rigby, Idaho 83442 became connected to the Company's water system and service was provided thereto. 2. An itemized summary of the charges assessed on Ms. Burbank beginning from the date service began to her residence that itemizes charges forwater. This information should also clearly show what balance if any the Company contends Ms. Burbank owes for water service. 3. An explanation, to include any documentation, about what the $850 "Hook-up fee" is for and who paid it as shown in the Exhibit B affached to the Affidavit of Jolene Bossard. 4. An explanation as to whether the Company can produce and send separate invoices to customers for water and sewer service. 7 Staff has notified the Company not to disconnect Ms. Burbank's water service. AMENDED DECISION MEMORANDUM 8 Staffalso recommends that the Commission direct the Company to cease sending water disconnection notices to Ms. Burbank that include demands to pay any alleged past due charges for septic services. Last, Staff requests that the Commission consider whether Mr. Schaat can represent Ms. Burbank in this matter. Ms. Burbank states she has "given authority to my boyfriend to speak on my behalf." See Attachment B. Commission Rule of Procedure 43.02(a) provides: The representation of parties at quasi-judicial proceedings for the purpose of adjudicating the legal rights or duties of a party is restricted as set out below. Quasi- judicial proceedings before the Commission include matters such as formal complaints, petitions, motions, applications for modified procedure or technical/evidentiary hearings. Representation of parties of these types of proceedings shall be as follows: a. A natural person may represent himself or herself or be represented by a licensed attorney. IDAPA 31.01.01 .43.02(a) Mr. Schaat is not a licensed attorney in the State of Idaho. The emails Mr. Schaat has sent to Staff identiff that he is possibly a paralegal at the law firm Smith, Wooll Anderson & Wilkinson, in Idaho Falls, Idaho. AMENDED DECISION MEMORANDUM 9 COMITIISSION DECISION l. Does the Commission wish to accept Ms. Burbank's request to file a formal complaint? 2. Does the Commission wish to issue a sunmons to the Company requiring it to respond to the allegations in the Formal Complaint and Ms. Burbank's correspondence dated July 28, 2021? 3. Does the Commission wish to require the Company to respond to the matters in Staff s recommendations above? 4. Does the Commission wish to allow Staffand Ms. Burbank the opportunity to file written comments after the Company files its responses with the Commission? 5. Anything else? R. Hammond, Jr. Attorney General I:Vr9IV_LMEMOS\Bubaak Complaint\Bubant_Comphint_mrmo2.d@x AMENDED DECISION MEMORANDUM 10 ATTACHMENT A True and Correct Copy of Nicole Burbank's Formal Complaint (attached) AMENDED DECISION MEMORANDUM II ATTACHN,IENT B True and Correct Copy of JuIy z&r202lCorrespondence from Nicole Burbank (attached) AMENDED DECISION MEMORANDUM 12 a, ' , ',-: -tFORMAL COMPLAINI t t,' 'a, ,'\ "; ;i' 1i;; !rl May 25,2021 Nicole Burbank 3890 East Ash Ln. Rigby,ID 83442 Ph.: (208) 604-4177 Email : nursenikki08 I 8@gmail.com Roc- to- r-t-o I compraint against : fi ily#Hjilllfl',T SJ,tlXlllil;, rdaho s3 442 Facts: On April 30,2021a man entered the property of 3890 East Ash Ln. Rigby,lD 83442 owed by one Nicole Burbank, and hand delivered a Notice of Intent to Terminate Services, see Exhibit 66A". On April 30,2021, Ms. Burbank filed a complaint with the Public Utilities Commission, with assistants from Paralegal Blake Schaat. On May 6,2021, Jolene Bossard, Utilities Compliance Investigator made contact with Paralegal Blake Schaat on behalf of Nicole Burbank's complaint. On May 20,202I, Jolene Bossard, closed the investigation. Ms. Burbank states the following The fraud and extortion committed by Rocky Mountain Utility Company Inc. (RMUCI) is one not only on Ms. Burbank but on over a hundred residents (Customer's) in her subdivision. First, RMUCI never gave Ms. Burbank aTerms of Agreement or Contract for water (Utility) service. Nor have they given any written contractual agreement of RMUCI terms and conditions for water (Utility) usage. Ms. Burbank's builder hooked into the RMUCI waterline without giving Ms. Burbank notice. Then due to confusion, moneys were paid to RMUCI. RMUCI allegedly sent out bills that Ms. Burbank did not receive. When Jolene (investigator) provided some billing statements that RMUCI provided her for her "investigation", the bills provide by RMUCI were a complete mess. To give the appearance that RMUCI was not violating the deposit amount set out in the Idaho Public Utilities Commission 31.21.01 - Customer Relations Rules for Gas, Electric, and Water Public Utilities they labeled the deposit a "hookup fee". RMUCI violated the IPUC more specific sub section 102 and based the deposit off her sex, marital status and children. They did so by overcharging Ms. Burbank. In IPUC 31.21.01 Sub. section 105.01. "service will not exceed one-sixth (1/6) the amount of reasonably estimated billing for one (l) year at rates then in effect". RMUCI did a line-item change and called the deposit a "hookup fee". Then to increase the water bill every month without coming to the Idaho Public Utilities Commission and filing the proper documents, they added multiple line items to the Utility bill, see Exhibit "B". Rocky Mountain Utility Company Inc. violated their own Tariff by increasing the cost of water through adding line items in the water (utility) bill. By allowing Rocky Mountain Utilities Inc. to put line items in the water (utility) bill, this is a clear violates of Idaho Public Utilities Commission rules and procedures. As you know you can then extort through threats of shutting off water to a house if the bill is not paid. RMUCI tactic of adding line items in the bill and then increasing the line items is Fraud and Extortion. This fraud and extortion seemed to go without challenge. I assume for fear of their water (utility) being shut off... In accordance with IPUC 31.21.01Sub. section 200 through 207 its my understanding RMUCI almost violated every rule and procedure. - In 201.01(a) Billing statement issues, Ms. Burbank did not receive billing statements. - In 201.01(b) Period covered, Ms. Burbank did not receive this information.- In 201.01(c) "The billing statement must be clearly marked as estimated if meter data is unavailable." The bills provide by investigator, shows none of this.- In 201 .0 I (d) Due date, automatic payment authorized; never listed, never received. - In 201.01(e) Itemization of charge; there were multiple charges unrelated to Utility's that the investigator provide. - In 201.01(9) Any amount past due; never provided. - In 201.01(h) Payments made; this was never provide only provided by investigator. - In 201.01(i) The total amount due; once again never provided, only provided by investigator.- In 202.01Due Date and considered delinquent; RMUCI never followed this.- In 203.01Biling Error; there was failure to bill correctly and send out notice.- In 203.02 Billing under incorrect rates; over billing.- In 203.03 Rebilling time period; RMUCI did not follow this protocol and rule.- In 206.01through 207- RMUCI did not follow any rules, when request were made, partial or modified documents were provided to the Investigator. Not to the Customer RMUCI added multiple line items to Ms. Burbank's bill, one included a "septic", Ms. Burbank has a septic tank on her property and must maintain and pump out on a regular basis using her own funds. This should be no concern to the Public Utilities Commission and only brought up because the investigator found that that line item should be exempt and "ok" to be added to a utilities bill. For RMUCI to use line items in a utility bill unrelated to "gas" o'electric" is extortion and fraud. Rocky Mountain Utility Company Inc. over billed her deposit in the amount of $850.00 and then billed her $97.50 for the same month3-20-2020. RMUCI over billed Ms. Burbank every month in the tune of $58.00 a month; RMUCI violated 109.02 of the IPUC 31.21.01 retention of records, upon request for documentations, NEW documents were drafted and sent through Investigator. RMUCI does not have a meter on her property for water usage but more important for water pressure: No one has investigated the water pressure to this day. RMUCI billing practices are not in accordance with IPUC's Rules ; RMUCI terms and conditions for water usage have not been disclosed; Pray for Relief In accordance with IPUC 31.21.01Sub. section200.04 Refund; Ms. Burbank request that all over payments for monthly services and the over charge for the deposit be refunded or put towards future water usage. Ms. Burbank request RMUCI to follow the proper procedures for billing laid out in the IPUC. Ms. Burbank request a Utilities bill only and for that bill to be sent to her home at the address listed above. Ms. Burbank request that the IPUC issue any and all thing that are deemed and proper and apprioate. Date: Ivlay 26,2021. Nicole Burbank NOTICE OF INTENT TO TERMINATE SERVICES Today's Date 412912021 Final Date _4R0D02L We have sent multiple letters but have not received any response, If the balance is not paid, or arrangements made by tomorrow you water will be disconnected. Name_Nicole Lee Burbank Service Address 3890 East Ash Ln Rigby, lD 83442- Account Balance S 877.50 You are hereby notified that you are delinquent in the payment of charges for Water or Sewer Service provided to you by Rocky Mountain Uttlily Co., Inc. The balance of your account according to our records, is indicated above. In accordance with the rules and Regulations of the Idaho Public Utilities commission, if this balance is not paid, or if payment arrangements are not made by the Final Date shown above, YOUR WATER SERVICE WILL BE DISCONNECTED after the Final Date. To avoid termination you must contact Rocky Mountain Utility co. before the Final Date to make a payment arrangement or pay in full. Please call on weekdays between 9:00 AM and 5:00 PM and ask for billing/ collections. Termination may be delayed by:1. Providing a medical certificate advising us of the eistence of a Medical Emerge,ncy.2. Filing a complaint regarding the proposed temrination with the Idaho Public Utilities Commission, P.O. Box 83720, Boise, ID 83?20 (1-800-432-0369). Termination of semice in no way relieves you of your obligation to payfor all services prior to lermination. Should service be terminated, a charge for restoration of service @4.09- during office hours, $40.00 after hours) must be paid, plus the account balance prior to restoration of service. Rocky Mountain Utility Co. will, one time, assist you by making payment arrangements not requiring immediate payment in firll, if you contact us prior to the Final Date to arrange such a payment plan. Remember, your water will be turned offafter the Final Date unless you act before the Final Date. EXHIBIT StatementRocky Mouutain Utility Company, INC. 2 N. Landmark Lane Suite # 4 Rieby, D 83442 2A8-745-6443 To: Nioole Lee Burbank 3890 East Ash Ln Rigby,ID 83442 Date 5ll0l202t Amount Due Amount Enc. $975.00 Date Transaction Amounl Balance 0212912020 0312012020 0312012020 0312012020 03l20l20zo 0312012a?0 04loL12020 04/2t/2020 0412y2020 04/2U2020 05lou?020 0610U2020 0710112020 0810312020 0810412020 08t0412020 0810412020 08/0412020 0810412020 0810412020 Balancc fbrward I}W #427 l. Dte O3 120 12020. -- Hook up fee $850.00 PMT#29924. PMT#29924. PMT #29924. PNff #29924. I}W #4272. Due 0410 112020. -- Water S39.50 -- Septic $58.00 PMT #667996. PMT #667996. PMT #667996. IT.n/ #4404. Due 05/0 l/2020. -- Water $39.50 -- Sqrtic $58.00 INv #4517. Due 06/01i2020. --- Water $39.50 -- Septic $58.00 II.n/ #463 1. Dtte 07 lO I 12020. -- Water $39.-50 -- Scptic $58.00 INV #4748. Due 08/03/2020. -- Water $39.50 -- Septic $58.00 PMT#004288. PMT #004288. PMT#004288. PMT#004288. PMT#004288. PMT #004288. 850.00 -850.00 -39.50 43.00 - 15.00 97.50 -39.50 -43.00 -15.00 97 _50 97.50 97.50 97.50 -39.50 -43.00 -15.00 -39.s0 43.00 - I 5.00 0.00 850_00 0.00 -39.50 -82,50 -97.50 0.00 -39,50 -82.50 -97,50 0.00 97,s0 195.00 292.50 253.00 210.00 195.00 t55.50 I12.50 97.50 CURRENI 1-30 DAYS PAST DUE 31-60 DAYS PAST DUE 61-90 DAYS PAST DUE OVER 90 DAYS PAST DUE Amount Due 0.00 97.50 97.50 97.50 682.50 $975.00 EXHIBIT Itllo.oa '!tPage 1 StatementRoclcy Mouutain Utility Company, INC 2 N. Landmark Lane Suite # 4 Rigby, D 83442 2A8-74s-6443 To: Nicole Lee Burbank 3890 East Ash Ln Rigby,ID 83442 Date sltol202t Amount Due Amount Enc. $975.00 Date Transaction Amount Balance 0910U2020 t0/0112020 fi10212020 t2loll2020 0y0512021 o2l0t/2021 03loU202t 0410t/202t 0slo3l202t II.W #48 69. Dttc 09 I 0 I I 2020. -- Water, I @ 539.50 = 39.50 - Srytic, I @ $58.00 = 58.00 INV #5095. Due I 0/0 l/2020. - Water $39.50 -- Septic $58.00 IIW #52 t2. Due I l/0212020. -- Watcr, I @ $39.50 = 39.50 -- Septic, I @ $58.00 = 58.00 INV #5323. Due l2l0l12020. -- Watcr $39.50 -- Septic S58.00 INv #5437. Due 0110512021, -- Water $39.50 -- Septic $58.00 I}W #555 L Due O2/01 12021. -- Watcr $39.50 -- Septic $58.00 n n/ #5666. Due 03 I 0 I 1202 I . -- Water $39.50 -- Septic $58.00 I}{\'/ #5779. D,re 0410 11202 l. -- Water, I @ $39.50 :39.50 --- Septic, I @ $58.00= 58.00 INV #5894. Dte 05 103 /2021. --- Water, I @ $39.50 :39.50 -- Septic, I @ $58.00: 58.00 97.50 97.50 97.50 97.50 97.50 91.50 97.50 97.50 9?.s0 195.00 292.50 390.00 487.50 585.00 682.50 780.00 877.50 975,00 CURRENT .I.30 DAYS PAST DUE 31-60 DAYS PAST DUE 61-90 DAYS PAST DUE OVER 90 DAYS PAST DUE Amount Due 0.00 97.50 97 _50 97.50 682.50 s975.00 Page 2 Rocky Mountain Utility Company, INC. 2 N. Landmark l,ane Suite # 4 Rigby, ID 83442 208-745-6443 BillTo Nicole [,ec Burbank 3890 East Ash Ln Rieby,ID 83442 lnvoice Date lnvoice # 513l2v2l 5894 P.O. No.Terms Project Due by25th QuantiW Description Rate Amount Watcr Usagc for prior month Septic Usage for prior rnonth 39.50 58.00 39.50 58.00 Total $97.50 )ayments are due by the 25th of the rnonth ADDITIONAL INFORMATION ::i -. ;',';.':.) i.;. i 'r I -3 f;ll $' tlj .,.j,, : , ..1 ' ;!.. '.!rnr''t:'r:rFrullIuly 28,2021 Commissioner Kristin Raper Idaho Public Utilities Commission PO Box 83720 Boise, ID 83720-0074 Po e'd' at- o 1 Nicole Burbank 3890 East Ash Ln. Rigby,lD 83442 Ph.: (208) 604-4177 Email : nursenikki08 1 8@gmail.com Complaint against: Rocky Mountain Utili$ Company Inc. Dear Commissioner Raper: I'm reaching out because I was informed that the Decision Meeting was continued to August 3,2021. An attorney by the name of John Hammond emailed me and notified me of this fact. In his email, he claimed that one of the commissioners could not attend the meeting and had some questions. To avoid heavy legal fees, I have given authority to my boyfriend Blake C. Schaat to speak on my behalf. Mr. Schaat is a Paralegal for a top law firm in Eastern Idaho. My boyfriend has kept me well informed and passed on all written communications to me. Today, I speak on my own behalf. Information has been given to John Hammond and Jolene Bassard about Rocky Mountain Utility Company, Inc. that was not put in their report to you the commissioners and it is my understanding purposefully kept from you'll. It goes as follows: Multiple harassing letters threating to shut off my water. This comes while a formal complaint is pending and supposedly RMUCI had been warned not to send out letters by Idaho Public Utilities. See Attachments. Multiple harassing letters threating to shut off my water if I don't pay an amount that changes constantly and no were near the amount in question. See Attachments. RMUCI has not changed their billing practices. See Attachments. I ask the Commissioners to take this information into consideration. If you wish for me to amend my Formal Complainf, I will. But this is not a Court of Law and after reading Mr. Hammonds emails to Mr. Schaat, I would be concerned of how your Attorney speaks to a law- abiding citizen of Idaho. It's my understanding Idahoan's can speak to their Utilities Commissioners and Idahoan's can give important documents to Commissioners without fear of repercussions. See attachment email. I'm under good authority and believe the Commissioners will go off what Mr. Hammond says and writes. But that record/written document needs to be correct. In Mr. Hammond's and Ms. Bossard Decision Memorandum there are a lot of errors. They go as follows: Clerical errors: Blake Schatt - correct spelling Blake Schaat; Page one, Mr. Schaat and Ms. Bossard were in a Fact Finding Mode to determine if Ms. Burbauk was on a private Well or "hooked-up" to RMUCI water. Page two, the address in questions was a brand-new built home and I was not well versed in this new home/ownership. This was explained to Ms. Bossard. Page two, a statement is made that "billing statement and found it meets the criteria in Rule 201.01 of the UCRR" this is a contradicting and changed statement made multiple times by both Mr. Hammond and Ms. Bossard throughout the investigation. Page two, a statement is made "combined Water and Sewer "hookup fee" ($850) for connection to company water" and it goes on "paid by builder" This is inaccurate and twisted for RMUCI benefit. The builder paid the water "hookup fee" of ($850) out of MY money held in escrow. The builder didn't pay this out of a courtesy to me. There is no septic system provided by RMUCI because I have a septic tank and system on my property. And no-where does it say in the billing statement provided by RMUCI this is a "septic hookup fee" of ($750) plus first month water bill. I have not signed a Terms of Agreement or Contract for "water" or "septic" and to my knowledge I'm not oohook-up" to a septic system from RMUCI, why would I be? Also brought to Ms. Bossard and Mr. Hammonds attention. Page two, a statement is made "water portion of the combined hookup fee was $150, as allowed by the Company's Tariff'this is incorrect and an attempt to mislead the commissioners. The Tariff clearly state $150 "hookup fee" only. Page two, a statement is made "on March 20,?020, a new cttstomer information sheet was mailed to Ms. Burbank" this is incorrect I never received anything. RMUCI doesn't have anything on file and it's my understanding that was just created for my complaint. This was explained to Ms. Bossard. Page three, a statement was taken out of context. I had made payment to RMUCI because I thought I was paying Rocky Mountain Power (a power bill) this information was given to Ms. Bossard but not put in the report to the commissioners. Page three, a statement was made oothe company also expressed flexibility and would be willing to set up payment arrangements for Ms. Burbank" RMUCI has never returned my phone calls and or letters sent to them on my behalf. This company has extorted over a 100 hundred residents in our neighborhood for years. I have received documents from residents in the sub-division that were given to Mr. Hammond of line item increases on the Water bill to allegedly pay for a oonew water Well" that never happened. Did this get approved by the Commissioners? See Attachments. Low water pressure that has never been investigated. And automatic withdraw payments that have went into a Horse Racing Business that is owned by the same person that owns RMUCI instead of paying the water bill. Mr. Hammond refused to give this information to you the Commissioners. There is a lot of people that are frustrated that the Utility's Commission won't investigate RMUCI and are prepared to speak to an investigator. Residents are ready to file formal complaints because after witnessing nothing being done when I filed an in-formal complaint they feel like there voice will be unheard as well. The owner of RMUCI is not a small business owner he has multiple business and is putting in a 100-home build next to this subdivision I live in. More people will be affected and extorted if you don't do something now. I ask that you take this information into consideration, and I pray you make RMUCI stop extorting people. RMUCI played the victim to your investigator and attorney, but we are the real victims. Sincerely, Nicole Burbank Blake Schaat From: Sent: To: John Hammond <John.Hammond@puc.idaho.gov> Monday, July 26, 2O21 11:21 AM Blake Schaat RE: Nicole Burlcank Formal ComplaintSublect: To be clear the Commission does not take ex parte oontact. John R. Hammond Jr. I Office of the Attorney General Lead Deputy Attorney General ldaho Public Utllltles Comrnlsslon 11331W. Chinden Blvd., Bldg. 8, Suite 201-A P.O. Box 83720 Boise, ldaho 8372O-OO74 Direct (208)334-0357 I Fax: 1208l'334-3762 iohn.hammond @ ouc.idaho.sov NOTICE: The e-mall may be confldential, privileged, and exempt from public disclosure, and the sender lntends that lt be used only by the indlvidual orentity named above. lf you are not the intended recipient, then you may not use, disclose, copy, or distribute the e-mail or its contents. lf you believe you have received this e-mail in error, please immedlately notifli the sender and delete the copy you received. From: Blake Schaat <blake@eastidaholaw.net> Sent Monday, July 26,202111:19 AM To: John Hammond <John.Hammond.@puc,idaho.gou; Nlkkl Burbank <nursenikki0818@gmall.com> Ce Keri Hawker <Keri.Hawker@puc.idaho.gov> Subject RE: Nicole Burbank FormalComplaint Mr. Hammond, Thank you foryour prompt response. I have forward your email to Ms. Burbank. I appreciate your communication with me as a courtesy to Ms. Burbank. I thlnk you're right about an attorney reaching out to Commissioner Paul Kjellander, Kristine Raper and Eric Anderson on behalf of Ms. Burbank and the over 1@ residents in her sub-division. The information and documentation on Rtl'lUCl that I have received over the weekend from the residents in the neigh borhood ls astonishlng. Sincerely, Bloke C. Schaat, Parolegol to t snatH !\,ooLFI IrUoERSON&WILKINSON 3tl&OMerlln Drlve ldoho Falls,lD 83404 Phone: 208-525-8792 Fox: 208-525-5256 1 Rocky Mountain Utility CompanS INC. 2 N. Iandmark I:ne Suite # 4 Rieby, ID 834/.2 208-745-6443 Blll To Nicole Lce Burbank 3890 East Ash l,tr Rigby,lD 83,M2 lnvoice Date lnwice# 7ltno2r 6124 P.O^ No.Terms Project Due'by25th Quantity Descripton Rate Amount Water Usage for prior mon0r Scptic Usagc forprior month 39.50 58.00 19.50 58.00 Pleasc remit to above address. Total $97.50 RotrKY MSUNTAIN Urtltrv EEMPANY, lNE.2 N. Landmark Lane Ste 4 - Rigby, fr, a3442 Oflice : 2Oa.7 4;,5 -6 443 Fhr: 2 08- 7 45.'7 97 9 urrww.xlockvl\rr o un ta inlrrH I ltv. co m. NOTTCE OF rNTEtlT TO TERMTNATE SERVICES Today's Date _7 | t4 I 2O2L- ," -. FjnalDal*7l26l2ozt- Name Nlcole Burbank Service Address 3890 East Ash Ln Rteby,lD83442 Account Balance S _fozz.So You are hereby notifled that you are dellnquent ln the payment of charges for Waler o1S-eye5.Sgn1lce provlded to.yourby.Eocky Mouatbln'lNllty Co.,Inc. The balance of your dccount, according to our records, is indicated above ln accordance with the rules and Regulatlons of the ldaho Public Utillties commission, if this balance is not pald, or lf payment arrangements are not made by the Final Date shown abovg YOUR WATER'SERVICE WILL BE DISCONNECIED afterthe Flnal Date. To avold termination you must conmct Rocky Mountain Utlllty co. before the Final Date to make a payment arrangernent or pay in ful!. Please call on wbekdays between 9:00 AM and 5:00 PM arid ask for bltling/ colleAkids Termlnation may be delayed by: 1. Providing a medlcal certificate advising us of the exlstence of a Medical Emergency. 2. Ftling a complaint regardlng the pioposed termination with the ldaho Publlc Utilitles Commission, P.O. Box8372O Boise, tD 83720 (1-800.432-0359). Terminotlon of servlce ln no,woy relievei yoi of your obllgotton to.pa1 fo1 ott sdrtiies prtoi,r to t"r*inotiolr;, ', , : :' Should servlce be termlnated, a charge for restoration of servlce (520.00. during offlce hours, $1t0.00 after hsurs) must be paid, plus the account balance.prlor to restoretlon of service, one tlme, assist you by payment arrantements not requiring lmmedlate 'lvtl,such a payment plan, i,1.. :-rl 1r-jl ...- c r Rocky us prlor to the Flnal RotrKY MnUNTAIN Urlury EtrMPANY, lNE.2. N. Landmark Lane Ste 4 - Rigby, lD A3442 Offrce: 2o.8.745.6443 trhr: 2O8.745.79'19 urww.f,lockvlwountalnlJtilltv.conr. NOTICE OF INTENT Tq TERI,IINATE SEFVICES Today's Date -7fizlZaZr Name_Nicloe Burbank Service Address 3890 East Ash tn Rleby, tO83442- ,.t;.(', : - lt:.-.{' ,ti;], i;ti Account Balance S 1170.00_ -t,, , ''r. " .'."- i', i "]' '' j-'iy . t I You are hereby hoUfled that you are dellnquent h lhq,p3yq."Tl gf ,c.h1rge.:.fof .n ?.!'.?r"gr Sewef Sqrylce provlded to yoir'by itdt?ry nhaiiniatn utlt ty iA., nc. The balancibtv,iui i.iourit, aicordtng to ou records, is Indicated above ln accordance with the rules and Regulations oithe tdiho pubttc Utilitles commission, if thls.balance is not paid, or if payment arrangements are not made by the Final Date shown above, YOUR WATER SERVICE Wltt BE DISGONNECIED after the Flnal Date. To avold termlnation you must mntact Rocky Mountain Utllity co. before the Final Date to make a payment arrangement or pay in full. Please call on tueekdays beturlen'9:00'AM and S:bdpM and askfor bllllng/ collectlons Termlnatlon may be detay"ed by; 1. Provldlng a medical certificate advistng us of the existence of a Medical Em.ergency. 2. Filing a complaint regardlng the proposgd termlnation wlth the tdaho.Public,Utllitles Com mlss ion, P.O. Box 83 i 20, goire, I D' 83720 ( 1-800-432-0369). be the account balance.priorto restoration of s'eruice. rdrinthdttin bi iiivrii'ti'ib wy ni1leiii ,l.q,ti,fqyf ,*tb|iyn $'oo.y pr.o14e:yJii1'ig"r,t ,ir^,ir;;:;: . ' " -r '"':' Should servlce be termlnated, a charge for restoration of servlce (320.00 during offlce hours, $4.00 after hours)must ,J'-\.,'lit;t" Rocky one tlme, asslst you by payment arantEments not requlrlng immedlate f ygll us prlorto'the Final such a payment plan.t ;r", ta. Mo ! rr;! RotrI( MoUNTAIN IJT|LITY trtrMPANY, lNE.2 N. Landrrrark Lane Ste 4 - R.igby,11r83442 Offi c e : 2Oa.7 45 -G 4 43 trhx: 2O8. 7 45.-7 97 I nrww-R o c\rMo untalntltiltez. eom NOTXCE OF INTEUT TO TERITIINATESERVICES Today's Date-SlzU20Zr FinalDate_6f lZOZt Name_Nicole Lee Burbank_ - .':-'E.--=. - ij-r-t-r:+:%. .i+:- Servlce Address 3890 East Ash Ln_ Rlgby,lDS3r',4a --- '-<'--+4- +--"-: Account Balance S _975.00- You are hereby nodfled'that'ibu are itdtinqudnt ln the payment of charges for Water or Sewer Service provlded to you by Rodcy Mountoln Ut tlty Co.,lac, The balance of your account, according to our records, is.indlcated above ln aicoidance with tire ruies arnd Reiuhtlons of the ldaho Pubtic.Utilitles'corhmissioh, If this balanie'is.nbt paid, or lf piymbnt anangemlnts are not made by the Flnat Date shown above, YOUR WATER SERVICE WIU BE DTSCONNECIED after the Final Date. t To avold terminatlon you must contact Roclry Mounhln Utility co. before the Flnal Date to make a payment arrangement or pay ln ful!. Please call on weekdays between 9:00 AM and 3:00 PM and ask for bllllngl colledlons - __ , Terlnlnatlon mgy-b-e delayed by: 1. Providlng a medical certificate advislng us of the exlstence of a Medical Emergency. 2. Filing a complaint regarding the proposed terminatlon with the ldaho Public Utillties Commlssion, P.O. Box83720; Boisg lD 83720 (1-800-432-0369). Termlnotlon of selice ln no woy relieves you of your obllgotlon to pay for all sellces prior to terminotion. Shoulil'service be terminated, a charge for restoratlon of serulce (S20.09..--durlng office ho0rS; $4gidjg after hodrc) must'be pilO, ptui ttr'" accorint baldnce prior to restoratlon of servlce. , t , ,- - '_. 't .t .r:. . - .r., . ._.' i [ . Co. wlll, one tlmb, asslst you by maklng payment.arrangements not requlring immedlateRocky payment us prior to the Flnal Date to brrange such a payment plan. turned off after the fl ,' ! ,t t""r;' t.*..r ! act before the Final RoEKY MOUNTAIN UrrurY EoMRINY, lNE.2 N. Landrnark Lane Ste 4 - Rigby, IL a3442 Offi ce : 2Oa.7 45..6 443 Fatsz 2O8.7 45..7 97 9 www- R o ckwr\tro untr lntrtll ltv. co m April, 27, ZOZL Dear Customer: As a rerm.inder, Rocky h/Iountain utility requires every horneorvner to provide proof of inspection/purnping of tJ.eir septic tarrk every 5 years per Pepperwood Protective and Restrictive Covenants. You can either bring in the reqrrired docurnentation or rnail to: R.ocky \rlountain Lltility Courpany 2 N. Landrnark Ln Ste 4 R.igby, ID 83442 You can also ernail docurnentation to: rockyrnountainutil ity @ grrn ail - corn If you have Iost or cannot find your copy of Pepperwood's Protectirre and Restrictiwe Covenants or if you trawe any questions piease coratact otrr office at (2O8) 745-6443. Ttrank you, Charlotte Lees Office lVlanager Rg.eKY MoUNTA.IN UTtltrv EovpeNY, l,NE!..2 N. Londnisrle Lonc stc 4 - Itlgtiy, tD.S34.l2 2118i745.64{3 lix: July3L,20L9 To All Roclqy MounhJri UUllty,GustQrheB: 'We are noUfflng all'customers oltthat there wlll be a'$15,00.a msnth raE lncrease for Pepperwood septlc servlces. Thls Increase wlll be set aslde to help with cosb 'asssclated'for the lilsbllaHqn sf aseeondary well system rregulred by the Departnent of Envlronrnental Quallty as dlscussed at the September l2o.meeHng,lastydbr. Thls rat€ inEreas.e wlll E ke affect August Ist and wlllbe reflecteti sn $e Septembef,s bll[ng involce. Tlld Departnient of Envlronmental Quallty Is requlrlng proof ftom,'ALL customers that all s€pUc tanks have been pumped to remaln ln compllance bdsed on the communlty SeptE System deslgn,and functlonallty. Thls letter serves as notlce that It ls mandatory fbr all customerg to provlde proof of pumplng wlthin 5 yEars or have the pumplng ,cornpleted wlthln,ffie,next 60 days (no laEr than SSptember 30th) to,avold'dlsrupUon of water seMces. If:you are a',new customer wlth netv onsbttcuonr. proof,gf $e,date' -of sepUc Installaflon wlll be requlred as dstumentaUon. You can eltherdrop offthe rqquhed.doeumenEflon to,the Roclcy Mountaln,Utlllty offlce or emall to rockym0untal n utlllty@gmEl l.com. If you.need'to have your sepffc tank pumped, we have liBted a few of the local sepfrc tank pumplng companles below. Affordable $epUc Rsoter Man Klng Geqrge's TrlpleA zoq.s6e.e2te 208.528.7386 208.528.?938 2;a8522.5557 Please note these lmpFrtarit changes and' thank you .for your i:ooperaHon, Slncerely, Rocky Mo u nE ln{pl.lly' com pany j r' -r ! --\. rr lt r \ r..t I -_'1t. 'r'..