20250218Notice 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
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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).
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RESPECTFULLY SUBMITTED this 16"d day of February, 2025.
Samuel Z. Edwards, Sui Juris
Peggy M. B. Edwards, Sui Juris
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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
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