20260803Interlocutory_Order_No_37116.pdf

Office of the Secretary
Service Date
August 3,2026
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF JOSEPH HUBER'S ) CASE NO. PAC-E-26-10
FORMAL COMPLAINT AGAINST ROCKY )
MOUNTAIN POWER,A DIVISION OF ) ORDER NO. 37116
PACIFICORP )
On June 16, 2026, Joseph Huber filed a formal complaint ("Complaint") with the Idaho
Public Utilities Commission ("Commission") against PacifiCorp, doing business as Rocky
Mountain Power, ("Company") alleging that the Company failed to comply with the National
Electrical Safety Code and the ordinances of the City of Downey,Idaho regarding a private power
pole located on his neighbor's property. Complaint at 1.
On July 7, 2026, the Company filed an answer to the Complaint("Answer") and a motion
to dismiss the Complaint("Motion"), requesting the Commission to dismiss the Complaint for its
failure to specify any legal authority that imposes a duty on the Company to complete the actions
Mr. Huber argued it is required to perform. Answer and Motion at 3.
At the Commission's July 23, 2026, Decision Meeting, Counsel for the Commission
recommended that the Commission issue an interlocutory order setting a reply deadline for Mr.
Huber to respond to the Answer and the Motion.Having reviewed the Complaint,the Answer, and
the Motion, the Commission now issues this Order providing Mr. Huber with a reasonable
opportunity to respond to the Answer and Motion.
COMMISSION FINDINGS AND DECISION
The Commission has authority to adjudicate complaints alleging acts or omissions by
public utilities that violate the law of a Commission order or rule. Idaho Code §§ 61-612, -618.
The Commission has the discretion to decide how a formal complaint will be processed. IDAPA
31.01.01.054.05. The Commission can issue a summons on the person or company that the
complaint is directed at, open an investigation, or require the complaint to be processed through
informal procedure with Commission Staff. Id. An answer to a motion must be filed as soon as
possible,but no later than 14 days after the motion is served. IDAPA 31.01.01.057.03.
Because the record in this case does not provide verification of if, and when, Mr. Huber
received the Answer and Motion, to ensure that due process is fully observed the Commission
finds it reasonable to provide Mr. Huber with 14 days from the service date of this Order to file a
ORDER NO. 37116 1

reply to the Answer and Motion.The Commission will evaluate Mr.Huber's response to determine
if additional action is required to process the Complaint. If Mr. Huber fails to respond to the
Answer and Motion, the Commission will consider the matter fully submitted.
ORDER
IT IS HEREBY ORDERED that Mr. Huber may file a reply to the Answer and Motion
within 14 days of the service date of this Order.
THIS IS AN INTERLOCUTORY ORDER rather than a final and appealable Order of the
Commission.While the Commission may review, stay, or clarify an interlocutory order,the period
of reconsideration will not begin until the Final Order is issued.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3rd day of
August 2026.
G
EDWARD LODGE, PRUDENT
J R. HAMMOND JR., COMMISSIONER
DAYN HA IE, COMMISSIONER
ATTEST:
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Commission Secretary
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ORDER NO. 37116 2