20090914_2700.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
CO MMISSI 0 NER RED FO RD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:NANCY HYLTON
DATE:SEPTEMBER 10, 2009
RE:FORMAL COMPLAINT OF ROBERT BRUNO dba BRUNO BUlL
HOMES
On September 3 2009, the Commission received a "formal" complaint (Attachment A)
from Robert Bruno dba Brunobuilt Homes against Idaho Power Company. The customer is
disputing a return trip charge of $50. The Company s Rule H provides for an Underground
Service Return Trip Charge when crews are unable to install service initially and must return to
the site to complete installation (Attachment B). Idaho Power assessed the charge because it had
to return to install electrical service at a home being built by Mr. Bruno at 10112 Whitecrest in
Star, Idaho. Robert Bruno was unsatisfied with the outcome of the informal procedures to
resolve his complaint and has filed this formal complaint.
BACKGROUND
Mr. Bruno s original informal complaint was opened on July 2, 2009. He was upset that
Idaho Power had charged him a $50 return trip charge. The Company s refused to install service
because the conduit in the ground wasn t perfectly vertical, was not close enough to the siding
and was not clamped to the siding. At the time, the house was still being painted, and Mr. Bruno
indicated that clamps are usually installed after exterior painting is finished.
Mr. Bruno claimed that his building practices had never been questioned by Idaho Power
in the past. He said it appeared to him that Idaho Power had put new rules in place since this is
the first time he s ever been denied connection or assessed the return trip charge. Mr. Bruno
doesn t believe the Company is consistent in enforcing its requirements and that he was not
notified when apparently new requirements were adopted by the Company.
DECISION MEMORANDUM - 1 -SEPTEMBER 10, 2009
Idaho Power provided a link to the Company s website for a copy of the brochure that
outlines the requirements that builders must now follow. The brochure (Attachment C) was
revised in 2008. Idaho Power stated that a letter was sent to builders and developers that belong
to the Building Contractors Association of Southwest Idaho (BCA). The Company did not
provide Staff with a copy of this letter and could not verify that Mr. Bruno had received either
the letter or the revised brochure. The Company indicated that Mr. Bruno is currently a member
of the BCA.
STAFF RECOMMENDATION
Robert Bruno was not satisfied with the outcome of the informal complaint.
Consequently, he filed a formal complaint. See Rules 23 , 25 and 54, IDAP A 31.01.01.023
, .
024
and .054. Staff recommends that the Commission issue a summons to Idaho Power and direct
the Company to file a response to the complaint.
COMMISSION DECISION
Does the Commission wish to accept Robert Bruno s formal complaint? Does the
Commission wish to issue a Summons to Idaho Power?
:2z
~ ~,
Nancy /
udmemoslRobert Bruno Fonnal Complaint dec memo
DECISION MEMORANDUM - 2 -SEPTEMBER 10, 2009
BRUNOBUILT
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September 03.2009
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Idaho Public Utilities Commission
Attn: f\.'ls, Jean Jewell, Commission Secretary
PO Box 83720
Boise, 10 83720-0074
Re: Fonnal Complaint against Idaho Pow'
en;
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Dear Ms, Jewell:
I would like to Connally make a complaint against Idaho Power t()r the assessment of a $50.
return trip charge applied to my job at 10112 Whitecrest in Star (Service Agreement No, 0350151331),
My complaint is that Idaho Power Company is inconsistent in their application of their rules and
guidelines for contractors and as a result allows contractors to become confused as to what they will or
will not allo",,' in the field. As a result, my subcontractors had installed a run of conduit which \\'asn
perfectly vertical or attached to the building expecting Idaho Power Company to install the meter and the
pl)WCr regardless. It turns out that Idaho Power Company chose m:y particular job site to deny power to,
causing me to lose severa! days of scheduling and work, losing hundreds of dollars of income and then
without notification bjJled me $50 to go back and instal! the meter and the power. I have attached a photo
of the meter and the conduit in its state when they refused to install the power to the house and also
attache-d another photograph showing a recent job wherc they did install the power to the house. In the
second photo the conduit was more vertical but clearly not attached to the building \vhich is suppose-d to
be one of their steadfast rules and one ofthe reasons they didn t install rov.'er to the job site this
complaint is about. Obviously they can t decide when to enforce their rules and in my mind they should
not be able to arbitrarily charge a customer a fee whenever they damned \vell please.
I have photographs of several locations 1A,'here the pow'er company has installed power to homes
with crooked conduit or unattached conduit, showing that they pick and choose who they want to help
and who they want to hurt on any given day,
In addition, I have attached a photo of their habit of littering our job sites \Vh jeh their management has
told me 1 cannot hold them responsible for without asking their permission!
It is my opinion and the opinion of many' a power company customer, both residential and commercial,
that this utility company has the attitude that they don t care because they don t have to.
r want the $50 charge abated along with any interest or penalty charges which they may have tried to
Robert Bl'uno
BrunoBuilt, Inc.
cc.. Better Business Bureau
BRUNOBUILT, tNC,
947 E. Winding Cr~~k
Eagle, Idaho 831&16
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Office: 208.938.2.357
Fall: 2.011.938.2359
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Attachment A
Page 1 of 6
Page I of3
Robert
From: Smith , Matt (MSmith~idahopower,comJ
Sent: Tuesday, July 07 , 20091:41 PMTo: RobertCc: John&on, Guy
Subject: RE: RE-
Dear Mr- Bruno,! originally told you when j spook to you on Thursday July,2 that I would check into why it was
turned down, I did that and I was told the conduit was not against the siding and the clamp was not installed to
secure the conduit. I shared this with you when '.'oJe talked this morning and I did say I was told it was aprox 8"
away and you disputed that. I then said I would check again and I did, I responded back that the 8 " was more
a guess and that was from the foundation and not the siding and j apologized for that. I also e-mailed you a
picture of the conduit and why it was turned down. I talked to your excavator and he said it was Yo. or 4 inches
from the siding but he agreed that that was too far, I also have talked to your electrician to get his perspective
and he thought it was bec8J.Jse the clamp was missing. We do want the clamp installed and we do sometimes
push wire before the damp is installed but the main reason this was turned down was the distance from the
siding and we also s.tated that the damp was missing, He agreed that it should have been doser, You also stated
that the siding was stucco and that's why the clamp was not installed and why it was away from the siding, this
is not correct as the picture shows. I as J stated before I stand behind the work of my employees and if we make
a ITijs~ake as we do on occasion! wl11 correct the issue and resolve the dispute- You also stated that we "always
leave the wire ends and trash at your work site, If this does happen please contact me and we will resolve the
issue because we expect our employees to clean up their mess. I would encourage you to review the Reduced
charge Option for Underground Electrical Service at http://www.r(iC:lhQP_\III_eJJ~QmI
Matt W. Smith
Lines Leader, Capita! Region
Idaho Power Company
[phone]
msmith (g!ida hopowec com
From: Robert (maIlto:Robert(Q)brunobuiltcomJ
sent: Tuesday, July 07, 2009 11:02 AM
To: Smith, Matt
Subject: RE:
For the record Mr Smith, you told me today that the conduit was 8 inches away from the house and that is why
the power wasn t pulled.
You also told me as a result I was billed a return trip charge,
Your crews told me they wouldn t pull the power because the conduit wasn t clamped down to the house
Something that is a common practice- (Not having a clamped riser until trim out)
Get your stories straight
You WOI1 t make a good witness if you don't
Robert Bruno
Brut'loBuilt ~ Inc,
947 E Winding Creek Drive
Eagle, lD t;3616
938-1357
9/3/2009 Attachment A
Page 2 of 6
Page 2 of 3
from: Smith, Matt (mallto:MSmith(Q)idahopower.com)
sent: Tuesday, July Ol, 2009 9:27 AM
To: Robert
Subject:
Matt W Smith
Lines Leader, Capital Region
Idaho Power Company
[phone]
msmith~idahopower.com
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This transmissioll may collt,,;n ",formatIOn thaI "P""t!~ged,coll!idenlial and/ol exel'l1p! from dlsdcsure under apphe2ble Ja\\', liyou are not the Intended re",lplent, ~'ou
;If~ h~"~b)' il()titi~d that oilY dis~I"'ur~, COP\,j,'l'.' disll'ih,Jtioll , (y; II::': ofth~ ;11fo""31'OOI oo"",i'II),1 h~,.~in l;t1duditl1\ an)' ",Ii~"cc lh~"~I)!lJ i~ STRICTI. Y f'ROHlRrTED
Jf \'Oll re"",\'oo thIS transmi",ion in ",mr, please lI"medlately eonlacl the ""nder and d",lroy the mat""al 1Il 115 entIrety. whelk, m elecllonic or hard wp~' tOnnal
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9/3/2009 Attachment A
Page 3 of 6
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Attachment A
Page 4 of 6
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Idaho Power Company First Revised Sheet No. H-
Cancels
Oriqinal Sheet No. H-
IDAHO PUBLIC UTILITIES COMMISSIONApproved Effective
May 30, 2008 June 1 , 2008
Per O.N. 30558
Jean D. Jewell Secretary
I.P.C. No. 29 Tariff No. 101
RULE H
NEW SERVICE ATTACHMENTS
AND DISTRIBUTION LINE
INSTALLATIONS OR
ALTERATIONS
(Continued)
g.
Temporary Service Return Trip Charqe . If the conditions stated in Section 5.f. of
this rule are not satisfied prior to the Customer s request for temporary service, a Temporary
Service Return Trip Charge of $35.00 will be assessed each time Company personnel are
dispatched to the job site , but are unable to connect the service. The charge will be billed after
the conditions have been satisfied and the connection has been made.
h. Unusual Conditions . Applicants, Additional Applicants, and subdividers will pay
the Company the additional costs associated with any Unusual Conditions included in the Work
Order Cost related to the construction of a Line Installation or Relocation. This payment, or
portion thereof, will be refunded to the extent that the Unusual Conditions are not encountered.
Unusual Conditions payments for Line Installations will also be refunded, under the provisions of
Section 6, if the Unusual Conditions are encountered.
In the event that the estimate of the Unusual Conditions included in the Work Order Cost
exceeds $10 000 , the Applicant, Additional Applicant or subdivider may either pay for the Unusual
Conditions or may furnish an Irrevocable Letter of Credit drawn on a local bank or local branch office
issued in the name of Idaho Power Company for the amount of the Unusual Conditions. Upon
completion of that portion of the project which included an Unusual Conditions estimate, Idaho Power
Company will bill the Applicant, Additional Applicant or subdivider for the amount of Unusual Conditions
encountered up to the amount established in the Irrevocable Letter of Credit. The Applicant, Additional
Applicant or subdivider will have 15 days from the issuance of the Unusual Conditions billing to make
payment. If the Applicant, Additional Applicant or subdivider fails to pay the Unusual Conditions bill
within 15 days, Idaho Power will request payment from the bank.
i. Joint Trench.Applicants, Additional Applicants , and subdividers will pay the
Company for trench and backfill costs included in the work order prepared for an unshared
trench. In the event that the Company is able to defray any of the trench and backfill costs
included in the work order through the sharing of the trench with other utilities , the trench and
backfill cost savings will be refunded.
j.
Underqround Service Return Trip Charqe When a residential Customer agrees
to supply the trench, backfill , conduit, and compaction for an underground service, an
Underground Service Return Trip Charge of $50.00 will be assessed each time the Company
installation crew is dispatched to the job site at the Customer s request, but is unable to
complete the cable installation.
IDAHO
Issued Per IPUC Order No. 30558
Effective - June 1 , 2008
Issued by IDAHO POWER COMPANY
John R. Gale, Vice President, Regulatory Affairs
1221 West Idaho Street, Boise, ID
Attachment B
IrwtO
POWER~
Reduced Charge Option for
Underground Electrical Service
Revised June 2008An IDACOR P Company
Program Explanation
The Reduced Charge Option is available for new
1-0 underground electrical services and allows
the customer to install the conduit for the service
cable. When the installation is complete
inspected, and all requirements have been met
Idaho Power will then install the cable and meter
at a reduced charge.
Be sure to connect to the proper equipment.
Refer to the Definitions section or contact Idaho
Power for clarification.
Call Dig-Line for locations
at least 2 business days before digging.
l)ial
811
Know what's below.
Call before you dig.Nationwide
Conformance
Each installation is subject to review and
inspection at any time by Idaho Power for
conformance to these specifications.
If a non-conformance is discovered such as the
conduit length, route, depth, etc., or if you are not
ready when the installation crew arrives, the
cable WILL NOT BE INSTALLED and you will be
charged $50.00 for each return trip. After the
non-compliance is corrected, contact Idaho
Power to reschedule the installation.
Contact Idaho Power if:
This is your fIrst time using this program.
Your service exceeds any of the design
limits.
. A conduit stub cannot be found.
. You require service from a pole.
Reduced Charge Option, DFE 071
Revised June 2008
Design Limitations
200 Amp. For self-contained meter bases up
through 200 amps that meet the following
limitations, you do not need to contact Idaho
Power until you are ready for your service to be
installed.
Use 2" gray, ULIisted, Schedule 40 PVC
Use 2" conduit, bends, and fittings unless
Idaho Power specifically tells you to use 3"
125' maximum service length
This is the horizontal distance measured
along the service route between Idaho
Power s equipment and the meter,
. Up to 1350 of conduit bends.
Don t inciude the bends at the meter or
Idaho Power s equipment in the 1350 limit.
400 Amp. For larger self-contained meter
bases up through 400 amps, you must contact
Idaho Power for approval in advance to ensure
a proper design.
3" conduit
All services to meter bases larger than 200
amps require 3" conduit, bends , and fittings.
Additional Requirements
Conduit bends. Only
use gray colored
manufactured bends with
a radius of at least 24"
Do not form your own
bends!
24" Radius ,
- -
approx,
- - - - -
44"l---/
Trench and Backfill.
Backfill Material
No rocks larger than 2"
No trash or rubbish
Page 1 of 5
Attachment C
Page 1 of 5
Reduced Charge Option Revised June 2008
WARNING!
Non-confonnances may have to be
coITected at the builder s expense,
Important Information
DON'T heat the conduit in any way to shape it
or to fonn bends,
DON'T leave open trenches. Any open trench
must be adequately barricaded or protected to
ensure public safety as required by local
state, or federal rules and regulations, Keep
open trenches to a minimum.
DON'T change conduit sizes in the run.
DO compact the trench particularly near the
meter where settling could pull the conduit
down and damage the meter base. Although
compacting the trench is the builder
responsibility, the homeowner is responsible
for any future settling.
DO make square conduit cuts. Remove buITS
from the inside and outside edges.
DO glue conduit j oillts. All joints must be
completely seated and pennanently glued
with Pye cement.
DO keep dirt and debris out of the conduit.
DO keep proper trench separations, Keep a
12" horizontal and vertical clearance between
the electrical conduit and all other utilities
and any structures.
DO keep proper meter separations.
The electric and
gas meters must
be separated as
shown.
IDAHO
POWER.
'" IDACO," C~pc"
Ownership and Maintenance
Idaho Power assumes ownership of the builder-
installed conduit when the electrical service
cable is installed. However, the builder is
responsible for the condition of the conduit and
trench until the ownership of the home is
transferred to the fIrst buyer.
After the cable has been installed, Idaho Power
will own and maintain:
All conduit and fittings installed below the
fmished grade.
The entire length of electric cable and the
connections at Idaho Power s equipment.
The meter.
NOTE. Idaho Power will connect the cable
to the meter base but the homeowner will
own and maintain the connections,
After the cable has been installed, the builder
or homeowner will own and maintain:
All conduit and fittings installed above the
finished grade.
The trench and any landscaping,
The meter base and its connections to the
electric cable.
All wiring and electrical connections on the
customer s side of the meter.
Meter Base Guidelines
Refer to the Meter Base Identification
Guidelines located on \vww.idahopower,com.
Meter Base Requirements
The meter base must accept 3" conduit if 3"
conduit is used for the service.
The meter base and conduit must be on the
outside of an outside structure wall and remain
accessible to Idaho Power.
Exceptions must be approved in advance!
Page 2 of 5
Attachment C
Page 2 of 5
Reduced Charge Option Revised June 2008
Locate the meter on the side ofthe house toward
the front.
Don t place the meter behind a fence.
Don t put the meter at the back of the house.
Don t put the meter here
NOTE, Placing the meter in
front of the fence will keep the
meter reader out of the back yard,
The center of the meter must be 5'6" (+/- 6"
above the finished grade.
Meters installed on a pedestal require a minimum
height on'
WARNING!
Slip Coupling
Support
Bracket
Any conduit above
ground must meet
applicable electrical
code requirements,
(+/- 6") w
Finished Grade Keep this
conduit straight
Suggestion, Block out a
section of the footing for
an easier installation,
.." IOACC", Cempo"
NOT PERMITTED
Keep the riser
straight
Don t form the PVC
conduit with heat or
add extra bends
Transformers
Most transfonners have 2" or 3" conduit stubs
as shown below. Expose the end of the stub and
connect your new conduit. If the stub marker
cannot be found, contact your Idaho Power
representative.
Don t dig under the transformer!
Street
Idaho Power
Conduit Stub
Transformer
Street
c:=::=?
Builder
Conduit
Approx, i-5'
Conduit
Stub
Marker
Idaho Power's
Conduit Stub
Page 3 of 5
Attachment C
Page 3 of 5
Reduced Charge Option Revised June 2008
Handholes
Most handholes do not have conduit stubs.
Plumb the conduit into the nearest comer of
the handhole using a 450 or 900 bend with the
end 2" above the handhole floor.
Plug or cap the open end ofthe conduit to
keep out dirt and debris.
If there is a conduit stub, expose the end and
connect your conduit to it.
Street
Street
Handhole
30" min
Builder450 bend Conduit
Street Handhole
Builder
Conduit
WARNING!
Call Dig-Line for locations
at least 2 business days before digging.
Dilli
811
Know what's below.
Call before you dig.Nationwide
'" mACGRP Cem,a",
Contact Idaho Power
if your service involves a pole.
Special Requirements for Poles
You must meet with an Idaho Power
representative prior to digging the trench
detennine:
1. If the pole is adequate for your service,
2. Which side of the pole you must route the
conduit toward.
Trench all the way to the base of the pole,
If the pole becomes unstable, contact Idaho
Power immediately! When backfilling the
trench, leave 6' to 8' open adjacent to the pole.
Any open trench must be adequately barricaded
or protected for public safety.
After Idaho Power connects the pole riser and
conduit, it is the builder s responsibility to
backfill and compact any remaining trench,
Call Idaho Power to determine which
side of pole to route the conduit toward
/i /1
~ ,
i i18"
Leave 6' to S'
of Open Trench
Barricade as Needed
30" min 36" max
B"Ude',
Seal the End
of the Conduit
Page 4 of 5
Attachment C
Page 4 of 5
Reduced Charge Option Revised June 2008
Important Idaho Cost Information
The cost infonnation below has been extracted from the "Rule H Line Installation Tariffs . You may view
the tariffs on http://idahopower.com/aboutus/reQulatorvinfo/tariffPdf.asp?id=32&,pdf . Copies are available
by contacting Idaho Power or the respective Public Utilities Commission,
Underground Services (400 amp max.
The non-refundable charge for a new Schedule
or Schedule 7, llildergrollild 1-0 service consists
of a Base Charge plus a Distance Charge. These
costs do not apply to services with meter bases
larger than 400 amps.
Base Charqe
From underground ..............,.............,........$40,
From overhead (2" pole riser) ...,..............$395,
From overhead (3" pole riser) ,.,.........,.....$520,
Distance Charqe
With 1/0 service cable............................,.,$2,15/ft
With 4/0 service cable....,...,........,.............$3.601ft
With 350 service cable........................,....,$4,65/ft
NOTE. Use the following Distance Charges if Idaho
Power provides the trench and conduit:
Distance Charqe OPCo trench & conduit)
With 1/0 cable .......................,..................,$6,90/ft
With 4/0 cable .............................,............,$7,50/ft
With 350 cable ...,.......................,.............,$9,601ft
There may also be additional charges for unusual
trenching conditions,
Temporary Services
The non-refundable charge for installing a 1-
temporary service is:
From underqround ..........,...,................., $140.
The customer-provided meter pole must be
securely set within 2' of the hand hole or
padmounted transformer.
From overhead ....................................... $120,
The customer-provided meter pole must be
securely set in a location that will allow the
temporary service conductor to be attached to
the permanent meter location by merely
relocating it. A maximum of 100' of #2 Tx
conductor is allowed.
TEMPORARY SERVICE NOTES.
Electrical facilities provided by the customer
must be properly grounded, electrically and
structurally safe, provide adequate clearances
and ready for connection,
The customer must obtain all permits required
by the applicable state, county, or municipal
governments before calling Idaho Power and
provide copies or verification , as required.
. The site must be inspected, if required.
All conditions must be met before the service will
be connected, (If any condition is not met, the
service will not be connected and the customer
will be billed $35.00 per trip each time Idaho
Power dispatches personnel to connect it.)
NaTE. These costs are subj ect to change.
Call Idaho Power for current pricing.
Contact Idaho Power for Ore2on Cost Information
IDAHO
POWER.
M IDACO" C~p."'
Page 5 of 5
Attachment C
Page 5 of 5