20030415_435.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:JOHN R. HAMMOND
DATE APRIL 3, 2003
RE:IN THE MATTER OF MARY BURKE v. IDAHO POWER COMPANY,
CASE NO. IPC-11.
On August 26, 2002, Mary Burke filed a fonnal complaint against Idaho Power Company
regarding her bill for electric utility service obtained from the Company. Idaho Power was served
with Mary Burke s Complaint and a Summons by Order ofthe Commission on September 11 , 2002.
Idaho Power filed an Answer to Mary Burke s Complaint on October 22 2002. Mary Burke filed a
reply to Idaho Power s Answer on November 5, 2002. On January 30 , 2002, Idaho Power notified
the Commission by letter that it was no longer seeking collection of the disputed bill.
BACKGROUND
Mary Burke complained that Idaho Power improperly billed her for electric service at a
residence she did not reside. The billing period in question was from January 10, 2002 until March
2002. Idaho Power contended that the bill for this period was $323., with additional late fees.
Ms. Burke disagreed.
The parties at one point resolved their differences. Mary Burke agreed to pay Idaho
Power $123.88 in three installments instead of $323.31 for the services provided to her between
January 10, 2002 until March 25, 2002. Based on this agreement the Complaint would be dismissed
and the case closed.
On January 30, 2003, Idaho Power s counsel filed a letter with the Commission notifying
it that Randy E. Burke, Mary Burke s husband, had filed a bankruptcy petition on November 12
2002 and pending the outcome of that case Idaho Power would not be attempting to collect the
DECISION MEMORANDUM
earlier agreed upon amount from Ms. Burke. Mary and Randy Burke have a joint residential account
with Idaho Power.
STAFF RECOMMENDATION
Idaho Power is no longer attempting to collect the disputed bill, incurred between January
10 and March 25 2002. Accordingly, Burke s Complaint is no longer serves any purpose. Based on
the foregoing, Staff recommends that the Commission dismiss Mary Burke s Complaint without
prejudice. Staff has contacted Mary Burke regarding Idaho Power s decision to abandon collection
ofthe bill incurred between the above dates. Ms. Burke represented that she had no objection to the
dismissal of her complaint without prejudice.
COMMISSION DECISION
Does the Commission wish to dismiss Mary Burke s Complaint regarding her billing
dispute with Idaho Power without prejudice?
M:IPCEO211jh2
DECISION MEMORANDUM