28830.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

JERRY H. SCHLUTER,

COMPLAINANT,

v.

CAMERON WHEELER,

RESPONDENT. )
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CASE NO. GNR-T-01-17

ORDER NO. 28830
On July 30, 2001, the Commission received a formal complaint from Mr. Jerry H. Schluter against Mr. Cameron Wheeler. These individuals are neighbors and reside approximately 30 miles east of Idaho Falls, Idaho. Mr. Schluter is requesting that the Commission order the disconnection of a six-pair phone cable owned and installed by Mr. Wheeler that crosses a portion of Mr. Schluter’s property. Mr. Schluter claims that Mr. Wheeler did not have his permission to cross his property with the phone cable and therefore Qwest should not have connected Mr. Wheeler’s service.
The Commission, pursuant to authority granted to it by the Legislature, is:
vested with power and jurisdiction to supervise and regulate every public utility in the state and to do all things necessary to carry out the spirit and intent of the provisions of this act.

Idaho Code § 61-502.
In this matter the Commission is being asked to resolve a dispute between two Idaho citizens and the central issue involves whether Mr. Wheeler had a valid easement to cross Mr. Schluter’s property with a phone cable.
After reviewing this matter the Commission finds that neither Idaho Code § 61-502 or any other statutory authority grants it the ability to resolve this matter. Accordingly, the Commission finds that it is without jurisdiction to decide this matter and thus cannot resolve or award the relief that Mr. Schluter has requested. Therefore, the Commission shall not serve this Complaint and will dismiss it in its entirety.
O R D E R
IT IS HEREBY ORDERED that the formal complaint filed with the Commission by Jerry H. Schluter is dismissed in its entirety for lack of jurisdiction.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of August 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:GNRT0117_jh
Mr. Schluter’s allegations seem more appropriately suited for a quiet title action.

ORDER NO. 28830 -1-

Office of the Secretary
Service Date
August 23, 2001