20251009Final_Order_No_36794.pdf

Office of the Secretary
Service Date
October 9,2025
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF TYLER HILLMAN'S ) CASE NO. PAC-E-25-09
FORMAL COMPLAINT AGAINST )
PACIFICORP dba ROCKY MOUNTAIN )
POWER ) ORDER NO. 36794
On May 5, 2025, Tyler Hillman filed a formal complaint with the Idaho Public Utilities
Commission ("Commission") against PacifiCorp dba Rocky Mountain Power Company
("Company"). Mr. Hillman alleged that he contacted the Company to connect a home he owns
near Dubois, Idaho, to the Company's power system. After contracting with the Company to
connect to a line near his residence, Mr. Hillman alleges that he installed a transformer box and
conduit at the residence at a cost of$11,040. Subsequently, Mr. Hillman learned that a third-party
owned the line near his residence and would not allow him to connect to it. Mr. Hillman claims
the Company has maintained the line since 1998, even though it is owned by a third party. The
Company reimbursed Mr. Hillman the costs he incurred to prepare to connect to the line near his
home after he signed a release of all claims.
Mr.Hillman claims he was later informed that the Company had formed an agreement with
the line's owner to allow Mr. Hillman to connect to it. However,when he contacted the Company,
its representatives denied knowledge of any such agreement. Mr. Hillman states that connecting
to the nearest above-ground pole the Company owns would cost him about $150,000. According
to Mr. Hillman, the Company has violated Electronic Service Regulation ("ESR") No. 12 —Line
Extensions. He asks the Commission to investigate the alleged violation and require the Company
to provide him electric service as originally agreed.
On July 9, 2025, the Commission issued Interlocutory Order No. 36672, conditionally
dismissing his complaint for failing to meet the pleading requirements of Idaho Code § 61-612
and IDAPA 31.01.01.054. Because the defects in Mr. Hillman's complaint did not appear to be
incurable, the Commission provided Mr. Hillman with 30 days to file an amended complaint. Mr.
Hillman did not file an amended complaint.
We now issue this Final Order dismissing the Complaint.
ORDER NO. 36794 1

DISCUSSION AND FINDINGS
The Commission has authority to adjudicate complaints alleging acts or omissions by
public utilities that violate the law or a Commission order or rule. Idaho Code §§ 61-612, -618.
However, to ensure that the Commission does not adjudicate claims outside its jurisdiction,
complaints must not only state the facts forming the basis of an alleged violation, but also "the
specific provision of the statute, rule, order, notice, tariff, or other controlling law" allegedly
violated. IDAPA 31.01.01.054. An imprecise, passing reference to a lengthy legal provision is
insufficient to satisfy this latter requirement. A single statute or tariff provision can impose
multiple legal obligations. The Commission should not attempt to cure deficient pleadings by
searching lengthy legal provisions and piecing together the facts alleged in an effort to determine
how a complainant believes a utility's acts or omissions may constitute a violation. Moreover,
because the Commission's procedural rules do not allow unpleaded issues to be tried by consent,
it is critical that a complainant explicitly assert and elucidate how a utility allegedly violated a
specific legal provision. See Edwards v. Idaho Pub. Utilities Comm'n, 568 P.3d 107, 111 (Idaho
2025).
Mr. Hillman did not file an amended complaint within the allotted 30 days from the service
date of Interlocutory Order No. 36672. Accordingly, we find it appropriate to dismiss his
Complaint.
ORDER
IT IS HEREBY ORDERED that Mr. Hillman's complaint against the Company is
dismissed for the reasons set forth above.
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 regarding 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 § 61-626.
ORDER NO. 36794 2

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 91h day of
October 2025.
"LODGE,
DWNT
f,
?HN R. HAMMOND JR., COMMISSIONER
Recused
DAYN HARDIE, COMMISSIONER
ATTEST:
g1A, A-
L a Calderon Robles
Interim Commission Secretary
I:\Legal\ELECTRIC\PAGE-25-09_Hillman\orders\dismissal_at.doex
ORDER NO. 36794 3