20210601Burbank Complaint.pdf

FORMAL COMPLAINT
ii!.iL-j'U\,
May 25,2021
Nicole Burbank
3890 East Ash Ln.
Rigby, ID 83442
Ph.: [phone]
Email: nursenikki0S 1 [e-mail]
(oc- t'J- t-t-o I
Complaint against: Rocky Mountain Utility Company Inc.
2'dNorth Landmark Lane Suite #4, Rigby, Idaho 83442
Facts:
On April 30,2021a man entered the property of 3890 East Ash Ln. Rigby, ID 83442
owed by one Nicole Burbank, and hand delivered a Notice of Intent to Terminate
Services,see Exhibit " 4".
On April 30,2021, Ms. Burbank filed a complaint with the Public Utilities
Commission, with assistants from Paralegal Blake Schaat.
On May 6,202I, 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. tsurbank'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 ldaho 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
31.21.01Sub. section 105.01. "service will not exceed one-sixth (l/6) the amount of reasonably
estimated billing for one (1) year at rates then in effect". RMUCI did a line-item chanee and
called the deposit a "hookup fee". Then to increase the water bill every month without coming to
the ldaho 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 31.21.01 Sub. 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 201.01(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(g) 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.
1n202.01Due Date and considered delinquent; RMUCI never followed this.
In 203.01 Biling Error; there was failure to bill correctly and send out notice.
Ln203.02 Billing under incorrect rates; over billing.
In 203.03 Rebilling time period; RMUCI did not follow this protocol and rule.
In 206.01 through 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'oseptic", 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 o'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 31.21.01retention 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 pretsure: 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 31.21.0I Sub. 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
NOTXCE OF INTENT TO TERMINATE SERVICES
Today's Date 412912021
Final Date _4R0n021 We have sent multiple letters but have not received any response. If ttre
balance is not paid, or arrangements made by tomorrow you water will be disconnected.
Name_Nicole Lee Bur'oank
Service Address 3890 East Ash Ln
Rigby, ID 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 UtiW Co., fnc. The balance of your account, according to our records, is indicated
above.
In accordance with the rules and Regulations of the ldaho Public Utilities commission, ifthis balance is not paid,
or if payment arrangements are not made by the Final Date shown abovg YOUR WATER SERVICE WILL
BE DISCONNECTED after the Final Date.
To avoid tennination you must contact Rocky Mountain Utitity co. before the Final Date to make a payment
anangement or pay in fuU. Please caII on weekdays between 9:00 AM and 5:00 PM and ask for [illing/
collections.
Termination may be delayed by:1. Providing a medical certificate advising us of the existence of a Medical Emergenoy.2. Filing a complaint regarding the proposed termination with the Idaho Public Utilities
Commission, P.O. Box 83720, Boise, ID 83720 (1-800-432-0369).
Termination of semice in no way relieves you ofyour obligation to payfor all services prior to lermination.
Should service be terminated, a charge for restoration ofservice (S20.00__ during ofEce hourg ${!!iQL 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 frrll, if you contact us prior to the Final Date to arrange such a payment plan.
Remember, your water wilJ be turned off after the Final Date unless you act before the Final Date.
EXHIBIT
Ir0oo-
StatementRocky Mountain Utility Company, INC.
2 N. Landmark Lane Suite # 4
Rieby, D 83442
208-745-6443
To:
Nicole Lee Burbank
3890 East Ash Ln
Rigby,ID 83442
Date
slt0t202l
Amount Due Amount Enc.
$97s.00
Date Transaction Amount Balance
0212912020
0312012020
0312012020
0312012020
0312012020
03t20t2020
0410112020
04t2U2020
0412y2020
04/2U2020
05/o12020
Q6lOt/2020
07loL/2020
0810312020
0810412020
08t0412020
08/0412020
0810412020
0810412020
0810412020
Balance forward
I}{\/ #427 l. Dre 03/2012020.
-- Hook up fee $850.00
PMT#29924.
PMT #29924.
PI[,{f #29924.
Pl0lft #29924.
INV #4272. Due 0410 ll2020.
-- Water $39.50
-- Septic $58.00
PMT #667996.
PMT #667996.
PMT #667996.
INV #44M. Due O5 l0l 12020.
-- Water $39.50
-- Septic $58.00
II.IV #45 17. Dw 06101 12020.
-- Water $39.50
-- Septic $58.00
INV #463 I. Dnc 07 lO L 12020.
-- Water $39.-50
-- Scptic $58.00
INV #4748. Due 08/03/2020.
-- Water $39.50
-- Septic $58.00
PMT#004288.
PMT #004288.
PMT #004288.
PMT#004288.
PMT#004288.
PMT #004288.
97.50
97.50
91.s0
850.00
-39.50
43.00
-15.00
97.50
-39.50
-43.00
-15.00
-39.50
43.00
- 15.00
-850.00
-39.50
43.00
- 15.00
97.50
97,50
195.00
292.50
-39.50
-82.s0
-97.50
0.00
2$.40
210.00
195.00
r55.50
l t2.50
97.50
0.00
850.00
0.00
-39.50
-82-50
-97.50
0.00
CURRENT 1-30 DAYS PAST
DUE
31.60 DAYS PAST
DUE
61-90 DAYS PAST
DUE
OVER 90 DAYS
PAST DUE Amount Due
0.00 9?.50 97.50 97.50 682.50 s975.00
EEXHIBIT
tilto0c
Page 1
StatementRocky Mountain Utility Company, INC
2 N. t-andmark Lane Suite # 4
Rigby, D 83442
208-74s-6443
To:
Nicole LeeBurbank
3890 East Ash Ln
Rigby,ID 83442
Date
slt0l202t
Amount Due Amount Enc,
$975.00
Date Transaction Amount Balance
0910U2020
t0/0U2070
1U0212020
t2/0y2020
0t/0s12021
021011202t
a3/atl202l
0410il202t
0510312021
IIW #48 69. Drte O9 I 0 I I 2020.
-- Water, I @ $39.50 :39.50
- Septic, I @ $58.00 = 58.00
INV #5095. Due I 0/0 l/2020.
-- Water $39.50
-- Septic $58.00
INV #52 12. Dre I 110212020.
-- Water, I @ $39.50 =39.50
-- Septic, I @ $58.00 = 58.00
IIW #5323. Due l2l0l 12020.
-- Watcr $39.50
-- Scptic $58.00
INv #5437. Due 01105/2021,
-- Water $39.50
-- Septic $58.00
n{\/ #555 l. Dle 02l0l 120?1.
-- Water $39.50
-- Septic $58.00
IN\/ #5666. Due 03/0 l/202 I .
-- Water $39.50
-- Septic $58.00
I}{\'/ #5779. Dte O4l 0 Ll202l.
- Water, I @ $39.50: 39.50
-- Sq:tic, I @ $58.00:58.00
INV #5894. Dtte 05 I 03 1202 l .
-- Water, I @ $39.50 = 39.50
-- Septic, I @ $58.00: 58.00
97.50
97.50
97.50
97.50
9'1.50
97.50
97.50
97.50
91.s0
t95.00
292.50
390.00
487.50
585,00
682.50
780.00
877.50
975,00
CURRENT 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
Page 2
Rocky Mountain Utility Company, INC
2 N. Landmark Lane Suite # 4
Rigby, D 83442
208-745-il43
BillTo
Mcole Lec Burbank
3890 East AshLn
Rieby,ID 83442
lnvoice
Date lnvoice #
SBnwl 5894
P.O. No.Terms Project
Duc by25th
Quantity Description Rate Amount
Water Usage for prior month
Scptic Usage for prior month
39.50
58.00
39.50
58.00
Total s97.50
raynents arc duc by the 25th ofthe rnonth