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HomeMy WebLinkAbout20250218Notice of No Objection to IPUC Motion for Judicial Notice.pdf IN THE SUPREME COURT OF THE STATE OF IDAHO Samuel and Peggy Edwards, Complainants-Appellants, NOTICE OF NO OBJECTION TO MOTION FOR JUDICIAL NOTICE VS. AND TO AUGMENT THE RECORD IDAHO PUBLIC UTILITIES COMMISSION and PACIFICORP, Supreme Court Docket No. 51238-2023 dba ROCKY MOUNTAIN POWER COMPANY, Public Utilities Commission No. PAC-E-23-05 Respondents. COME NOW the Complainants-Appellants and notifies this Court that we have no objection to the Respondent, Idaho Public Utilities Commission's ("Commission") "Motion for Judicial Notice and to Augment the Record" according to Idaho Rule of Evidence 201 and Idaho Appellate Rule 30. ARGUMENT I.A.R 30 allows that "any party may within fourteen (14) days after service of the motion, file a brief or memorandum in opposition [to the augmentation of Agency Record.]" The Commission has moved this Court to take judicial notice of Respondent PacifiCorp's Electric Service Regulations ("ESR")Nos. 7 & 10, and requests that this Court augment the Agency Record with an excerpt of each regulation that is pertinent to our appeal. In particular, ESR #10.1(e) lists "denying the Company access to the meter" as a reason that the Company may deny or terminate service to a Customer without their 1 permission. This Court must take judicial notice of ESR#10 so that it is aware of reasons why the Company may terminate our electric service. Throughout the Agency Record, Complainants-Appellants repeatedly referenced the Utility Customer Relations Rules (UCRR), particularly #302 as providing grounds for denial or termination of service with prior notice. A few select examples are the following pages in the Agency Record: 162-3, 172, 656-8. This Court's judicial notice of ESR#10, in lieu of our references to UCRR#302, enables the Court to properly review "whether the commission has regularly pursued its authority..." (I.C. § 61-629) Our arguments in this appeal pertaining to "grounds for termination of service under UCRR 302.01" (Complainants-Appellants Brief, pg. 9) are now best understood by substituting ESR #10. Judicial notice of ESRs #7 & #10 allows this Court to properly weigh the adjudicative facts of our appeal, as argued in the Commission's Motion. We therefore conclude that judicial notice of ESRs #7 & #10 does not obscure—but rather clarifies— the legal grounds for our electric service. CONCLUSION Complainants-Appellants will not file a "brief or memorandum in opposition" (per I.A.R. 30) to the Commission's "Motion for Judicial Notice and to Augment the Record". 1 Our original complaint included a reference to ESR#6 and challenged the interpretation of"access" as follows: "be noticed that the word/term "access"in ROCKY MOUNTAIN POWER/PACIFICORP's letters to us is being improperly applied to mean something other than what it really is (see explanation below)." (Agency Record,page 6) In our Complaint,we sought the Commission's relief to "stop the termination of our electric service". ESR#10 now clarifies the legal standard by which the Commission must determine whether to grant our desired relief(per IDAPA 31.01.01.054). 2 RESPECTFULLY SUBMITTED this 16"d day of February, 2025. Samuel Z. Edwards, Sui Juris Peggy M. B. Edwards, Sui Juris 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this 16th day of February 2025, served the "Notice of No Objection to Motion for Judicial Notice and to Augment the Record" which Peggy and I signed on 16 February 2025 for Supreme Court docket# 51238- 2023, by forwarding a copy thereof, to the following,via e-mail addresses listed: Commission Secretary, Idaho Public Utilities Commission: Monica Barrios-Sanchez 11331 W. Chinden Blvd. Bldg. 8, Ste. 201-A Boise, ID 83714 Via email: monica.barriossanchez puc idaho gov Attorney for Respondent on Appeal, Idaho Public Utilities Commission: Adam Triplett Deputy Attorney General Idaho Public Utilities Commission 11331 W. Chinden Blvd. Bldg. 8, Ste. 201-A Boise, ID 83714 Via email: adam.triplett puc.idaho.gov Attorney for Respondent, PacifiCorp: Joe Dallas Rocky Mountain Power 82S NE Multnomah, Ste. 2000 Portland, OR 97232 Via email: joseph.dallasftpacificorp.com Samuel Z. Mwards, Sui Juris 4