HomeMy WebLinkAbout20250214Motion for Judicial Notice and to Augment the Record .pdf Electronically Filed
2/14/2025 1:40 PM
Idaho Supreme Court
Melanie Gagnepain,Clerk of the Court
By:Corby King-Clark,Clerk
RAUL R. LABRADOR
Idaho Attorney General
ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
P.O. BOX 83720
BOISE, IDAHO 83720-0074
TELEPHONE: (208) 334-0318
IDAHO BAR NO. 10221
Attorney for the Respondent on Appeal,
Idaho Public Utilities Commission
IN THE SUPREME COURT OF THE STATE OF IDAHO
SAMUEL and PEGGY EDWARDS, )
SUPREME COURT
Complainants-Appellants, ) DOCKET NO. 51238-2023
V. ) IPUC CASE NO.
PAC-E-23-05
IDAHO PUBLIC UTILITIES COMMISSION )
and PACIFICORP, dba ROCKY MOUNTAIN ) RESPONDENT IDAHO
POWER COMPANY, ) PUBLIC UTILITIES
COMMISSION'S MOTION
Respondents. ) FOR JUDICIAL NOTICE
AND TO AUGMENT THE
RECORD
COMES NOW the Respondent, Idaho Public Utilities Commission ("Commission"), and
respectfully moves this Court under Idaho Rule of Evidence 201 and Idaho Appellate Rule 30 to
take judicial notice of Respondent PacifiCorp's Electric Service Regulations("ESR")Nos. 7& 10
and augment the record on appeal to include them.
PROCEDURAL HISTORY
On February 10,2025,this Court held oral argument in the above-captioned matter.During
that proceeding, the Court noted the absence of ESR Nos. 7 & 10 from the record on appeal.
Undersigned counsel verbally requested that the Court take judicial notice of ESR Nos. 7 & 10
RESPONDENT IDAHO PUBLIC UTILITIES COMMISSION'S
MOTION FOR JUDICIAL NOTICE AND TO AUGMENT THE RECORD
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during oral argument. This Court provided counsel with seven days to file a written motion
requesting the same.
ARGUMENT
Idaho Rule of Evidence 201 governs judicial notice of adjudicative facts. The Rule
authorizes courts to notice facts that"can be accurately and readily determined from sources whose
accuracy cannot reasonably be questioned," and are, therefore, not reasonably disputable. I.R.E.
201. Courts may take judicial notice of such facts "at any stage of the proceeding."Id. However,
matters judicially noticed on appeal must be augmented into the settled record by motion under
I.A.R. 30(a). Ellis v. Ellis, 167 Idaho 1, 5, 467 P.3d 365, 369 n. 2 (2020). Counsel notes that the
copies of ESR Nos. 7 & 10 attached to this motion as exhibits do not strictly comply with the
requirements of I.A.R. 30(a) as they do not bear a file stamp showing they were presented to the
Commission in this proceeding. Additionally, although ESR No. 7 was considered by the
Commission as indicated on pages 170 and 387 of the record on appeal,ESR No. 10 was not raised
before the Commission. Accordingly, counsel cannot cite a portion of the record showing that the
Commission considered ESR No. 10 as required by I.A.R. 30(a).
In addition to the requirements of I.A.R. 30(a),there is an additional procedural hurdle that
must be addressed. Specifically, the limitations on expanding the record on appeal contained in
Idaho Code § 61-629. Although Idaho Code § 61-629 prohibits this Court from taking additional
evidence on appeal, taking judicial notice of ESR Nos. 7 & 10 will not violate this prohibition as
the purpose of judicial notice is to establish facts without the presentation of evidence. See Castell
v. Money Metals Exch., LLC., 560 P.3d 990, 997 (Idaho 2024); 29 Am. Jur. 2d Evidence § 24
(observing that judicial notice is a "rule of convenience" that is "intended to avoid the formal
introduction of evidence" where the fact to be proved is not subject to reasonable dispute).
Accordingly,judicial notice of ESR Nos. 7 & 10 will not add evidence to the record on appeal.
The Commission quoted a portion of ESR No. 7 in its orders dismissing the Edwards'
complaint and denying reconsideration of that dismissal, a copy of that ESR was never formally
entered into the record. See R. at 170 & 387.Additionally, ESR No. 10,which contains provisions
RESPONDENT IDAHO PUBLIC UTILITIES COMMISSION'S
MOTION FOR JUDICIAL NOTICE AND TO AUGMENT THE RECORD
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authorizing PacifiCorp to terminate service without a customer's permission, was first raised in
the Appellant's reply brief 1 Accordingly, ESR No. 10 is also absent from the record on appeal.
These documents are publicly accessible on the Commission's website at the following url:
https://puc.idaho.gov/Fileroom/PublicFiles/ELEC/PAC/General/Otarif`f/Pacificorp%20dba%20R
ocky%20Mtn%2OPower%20ID%2ORules.pdf They can also be accessed from the front page of
the Commission's website, https://puc.idaho._gov/, by clicking "Tariffs, Price Lists & Filing
Instructions" on the "Laws & Rules" drop down menu and then selecting the link "Approved
Tariffs & Price Lists,"then "Electric Tariffs", and finally the "Electric Service Regulations" link
for PacifiCorp dba Rocky Mountain Power. Accordingly, their content can be accurately and
readily determined from a source whose accuracy cannot reasonably be questioned.
The "facts"proposed for judicial notice that are contained within these documents are the
text of the provisions themselves. Consequently, ESR No. 7 and 10 are proper subjects for judicial
notice. Copies of the relevant portions of ESR Nos. 7 & 10 are attached to this motion as Exhibits
1 and 2, respectively.
CONCLUSION
The Commission respectfully requests that this Court take judicial notice of PacifiCorp's
Electronic Service Regulation Nos. 7 & 10.
Respectfully submitted this 14th day of February 2025.
Adam Triplett
Deputy Attorney General
Attorney for Respondent on Appeal,
Idaho Public Utilities Commission
1 The Commission's brief erroneously indicates that ESR No. 6 contains the provisions of PacifiCorp's tariff
"authorizing it to terminate service when a customer obstructs access to an electric meter."Resp. IPUC's Br. at 12.
The undersigned counsel withdraws and affirmatively disavows this assertion.Rather,it is ESR No. 10 that enumerates
the reasons why PacifiCorp may involuntarily terminate a customer's service.
RESPONDENT IDAHO PUBLIC UTILITIES COMMISSION'S
MOTION FOR JUDICIAL NOTICE AND TO AUGMENT THE RECORD
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 141h day of February, 2025, I served the foregoing
Motion forJudicial Notice and to Augment the Record,in Supreme Court Docket No. 51238-2023,
by forwarding a copy thereof, to the following, via the manner indicated:
Appellants,pro se
Samuel Z. and Peggy M. B. Edwards ❑ U.S. Mail, postage prepaid
333 Shoshone Ave. ❑ Personal Delivery
Rexburg, ID 83440 ❑ iCourt
❑X E-Mail pegandsam(d),gmail.com
Attorney for Respondent on Appeal
Pacificorp d/b/a Rocky Mountain
Power Company
Joe Dallas ❑ U.S. Mail, postage prepaid
Senior Attorney
Rocky Mountain Power El Personal Delivery
825 NE Multnomah, Ste. 2000 ® iCourt
Portland, OR 97232 ❑ E-Mail joseph.dallas&pacificorp.com
4\/ L�'.-ftZ1V✓kt.P
Keri J. ffawker
Legal Assistant to Adam Triplett
RESPONDENT IDAHO PUBLIC UTILITIES COMMISSION'S
MOTION FOR JUDICIAL NOTICE AND TO AUGMENT THE RECORD
4
IDAHO PUBLIC UTILITIES COMMISSION
ROCKY MOUNTAIN Approved Effective
POWER Aug. 28, 2006 Sept. 15,2006
A DIVISION OF PACIFICORP Jean D.Jewell Secretary
I.P.U.C.No. 1 Original Sheet No.7R.1
ELECTRIC SERVICE REGULATION NO.7
STATE OF IDAHO
Metering
1. INSTALLATION
All meter locations and provisions for connecting metering equipment are subject to approval by the
Company. Meter locations shall be consistent with good engineering and safety practices and shall
comply with appropriate codes and standards. The Company will furnish and maintain all meters
and other metering equipment. The Customer will furnish and maintain the meter base and other
accessories required by the Company, necessary for measuring the electric power and energy used
by the Customer.
Separate premises,even though owned by the same Customer,will not be supplied through the same
meter.
Service to new multi-unit residential complexes where residency is permanent in nature shall be
provided only if it is possible to directly meter and bill the occupant of each dwelling unit. Multiple
residential meters will not be required for those multi-family structures presently receiving
residential service through a single meter for so long as service to that structure is not increased or
altered.
Demand meters may be installed on any account when the nature of the Customer's equipment and
operation indicates that a demand meter may be required for correct application of the electric
service schedule.
2. FAILURE TO REGISTER
If any meter fails to register correctly the amount of electric power or energy used by the Customer,
the amount of such use will be estimated by the Company from the best available information. If
the Company finds that the meter has been tampered with, the Customer shall pay for such
estimated usage together with the expense of restoring the Company's equipment to its normal
operating condition.
(Continued)
Submitted Under Advice Letter No.06-06
ISSUED: August 14,2006 EFFECTIVE:September 15,2006
EXHIBIT 1
IDAHO PUBLIC UTILITIES COMMISSION
_ROCKY MOUNTAIN Approved Effective
POWER Aug. 28, 2006 Sept. 15, 2006
A DIVISION OF PACIFICORP Jean D.Jewell Secretary
I.P.U.C.No. 1 Original Sheet No. 10R.1
ELECTRIC SERVICE REGULATION NO. 10
STATE OF EDAHO
Termination of Service and Payment Arrangements
1. DENIAL OR TERMINATION OF SERVICE WITH PRIOR NOTICE
The Company may deny or terminate service to a Customer or Applicant without their permission,
but only after adequate notice has been given, for one or more of the following reasons:
(a) Nonpayment of undisputed delinquent bills or paid a delinquent bill with any check not
honored by the bank or, made an electronic payment drawn on an account with insufficient
funds.
(b) Failure to make a security deposit, make an advance payment, make an installment payment
on a deposit where it is required.
(c) Failure to abide by the terms of a payment arrangement.
(d) Misrepresentation of his/her/its identity for the purpose of obtaining utility service.
(e) Willfully preventing or denying the Company access to the meter.
(f) As prescribed by relevant State or other applicable standards, willfully wasting service
through improper equipment or otherwise.
(g) The Applicant or Customer is a minor not competent to contract for service.
Nothing in this rule requires the Company to connect service for a Customer or Applicant who owes
money on an existing account or from a previous account.
(Continued)
Submitted Under Advice Letter No. 06-6
ISSUED: August 14,2006 EFFECTIVE: September 15,2006
EXHIBIT 2