20070809_2018.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DANIEL KLEIN
DATE:AUGUST 7, 2007
RE:FORMAL COMPLAINT OF PAM AND SCOTT BOWERS AGAINST
IDAHO POWER
On July 3 2007, the Commission received a "formal" complaint (Attachment 1) from
Pam and Scott Bowers against Idaho Power. On July 26 2007, the Bowers amplified their
complaint (Attachment 2). The Bowers would like to have new rules or laws enacted dealing
with shared transformers for business customers. The Bowers were unsatisfied with the outcome
of the informal procedures to resolve their complaint and have filed this formal complaint.
BACKGROUND
In December of 2004, Bowers Transportation obtained service from Idaho Power at
15941 Gunfire Rd. in Caldwell. The Bowers business is located in a thirteen-lot commercial
subdivision (Attachment 3). A 50 KW pad-mounted transformer was placed in a recorded utility
easement on the Bowers property to serve their lot. The Bowers were required to pay $1,461 for
the line extension costs above the terminal facility allowance. To serve the commercial
subdivision, Idaho Power plans to serve two adjoining lots from each transformer. If the two
adjoining lots have similar electrical needs, then Idaho Power serves both lots from the same
transformer. When the lot adjacent to the Bowers was ready to be served in December 2006
Idaho Power ran the new line extension from the transformer serving the Bowers to its new
customer, Terra-West Inc.
The Bowers complained that it was inequitable that they had to pay for a line extension to
obtain service and Terra-West did not. Neither the Bowers nor Terra-West were required to pay
DECISION MEMORANDUM - 1 -AUGUST 7, 2007
for the shared transformer because it is part of the allowance for overhead terminal facilities
applied to the Bowers' original line extension request. Terra-West was not required to pay any
money towards the shared facilities. On December 7 , 2006, Pam Bowers called and filed an
informal complaint with the Commission. In response to the complaint, Idaho Power stated that
it had followed its tariff, and there was no basis for the Bowers and the neighbor to each have
their own transformer.
STAFF RECOMMENDATION
The Bowers are not satisfied with the outcome of the informal complaint. Consequently,
they have filed a formal complaint. See Rules 23, 25 and 54, IDAPA 31.01.01.023
, .
024 and
054. In essence, the Bowers are asking that the Commission reexamine Idaho Power s line
extension tariff, and Staff may wish to file comments at a later date. Staff recommends that the
Commission open a case and process it under modified procedure.
COMMISSION DECISION
Does the Commission wish to accept the Bowers' formal complaint? Does the
Commission wish to issue a Summons or proceed under Modified Procedure?
Daniel Klein
DK:udmemos/fonnal complaint bowers
DECISION MEMORANDUM - 2 -AUGUST 7, 2007
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PRMLEDGED &. CONFIDENTIAL COMMUNICA nONThis fax & documeot(s) attached hereto, may contain confidential &: or legal privileged information. Theinfunnation i$ intended "ONL Y" fur the use by the recipient named above.
PLEASE ADVTSE 208-286-9909 OF ANY DEFICIENCY WITH TInS INFORMATION. IF YOU HAVE
RECEIVED THIS TNFORMA TION..cOMMUNICA nON TN ERROR, PLEASE NOTIFY US-SENDERIMMEDIA TEL Y BY PHONE AND SHRED THE MIS-DIRECTED FAX INFORMATION. Anydjsclosure., copying distribution or use oftbe contents ofinfunnation received in ~r is strictly prohwited.Pamela A Bowers .
ORIGINAL DQCUMENTS WILL:
FOLLOW BY CERTIFlTED MAIL #
FOLLOW BY REGULAR MAlL
FAXED ~d~
. .
Un1ess'I~.equeSted BY.~DATE 7/ 3 /07
A.M. "Scott" & Pamela. A. Bowers
BOWERS T'RANSPOl!.T
9559 W. Hills Gate Dr,
Star, ID. 83669-5300
hapwingst/V,msn.com spdvwingcwJ11sri.comPHONE 208-286-9909
FOLLOW BY EXPRESS MAIL
(F A...'X) WILL NOT BE MAILED. ..
FAX [phone]
Attachment 1
Page 1 of 2
,,-,07 HI: 58 20828t,g84E BOI~ERS PAGE 02
7/.3 /07 I~WE NEED HELP TO GET SOME RULES AND LAWS PASSED TO PREVENT TJ-nS KINDOF A8USE.
We. purchased a Commercial lot in Caldwell we were told and did pay for and install pOWer to ourlot as did everyone In our commercial subdivision.
Except for one-our neighbor that works for Idaho Power, installs under-ground utilities. He builtand while we were gone broke and entered into our property..cut the lock. Hooked up to theequipment we paid for, He now has our-the service for FREE!!!
. Idaho Power claims this is their easement so they can and have done what they - - - - wellwanted. They have protected and backed this neighbor at our expense.
A law Or rules need to be passed to prevent this kind of abuse in the future.
1. Sharing of equipment should be fair and equal...each party pays the same amount.2. Sharing the equipment should be installed on the lot line, equally, 50-50 not on anotherproperty and Hoes run under fences Into the other lot owners property...creating rights for thatneighbor to trespass andcreatfng a prescriptive easement against our property, clouding our title!
3. Breaking and entering should be iIIegaL.Notlce should be given... a phone call, a letter writtennotice of some kind for the taking of another s property, or use of it.4. Since it is legal, by declaring a utility easement, a written agreement should be requiredbetween the parties espedally in our Case where nothing Is 50-S0...not even do we have equaluse of the power. We have maybe 200 amps he has 600+ amps. We have to pay for more amps
If we want more power, he got hIs for free!
New rules need to be put in place, laws need to be in place to protect lot owners like U5 in thefuture.
We can t find out WHY Idaho Power is doing this and especially towards us only us!
Thanks Pam .286-9909
Fax [phone]
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Attachment 1
Page 2 of 2
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PRIVILEDGED & CONFIDENTIAL COMMUNICATION
Thi$ fax & document(s) 31tached hereto. may cont.:a.in 8OItfidenu..1 & or legal privileged information. Theinformation is intended "ONt Y" for the use by the recipient named above.
PLEASE ADVISE 208-286-9909 OF ANY DEFICIENCY WITIl THIS INFORMATION. IF YOU HA
RECEIVED nus lNFO~ TION..cOMMUNICA nON IN ERROR. PLEASE NOTIFY US-SENDERIMMEDIATELY BY PHONE AND SlIRED THE MIS-DIRECTED FAX INFORMATION. Any
disclosUte, copying disfn'butiOi1 or use of the contents of mfunnation received in error is strictly prohibIted.
Pamela A. Bowets ORIGINAL DOCUMENTS WILL~
FOLLOW BY CERTWlTED MAlL #
FOLLOW BY REGULAR MAIL
FOLLOW BY EXPRESS MAIL
(FAX) WILL NOT BE MAILED...L.----
-tJri1ess Requ
----
DATE
APTO. Inc.
AM. "'Scott" & Pamela A. Bowers
9559 W. Hills Gate Dr.
Star. ID. 83669-5300
hapwingsiW.msn.com spdV\oving(m.msn.comPHONE 208-286-9909 FAX 208-286~9846
PAGE 01
Attachment 2
Page 1 of 4
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07/25/2007 10:3'20:328E,3:345 BOV,IERS PAI;E
Pam & Scott Bowers
9559 W.Hi11s Gate Dr.
Star, ill. 83669-5300
Phone 208M286-9909
Fa.~ 208M286-9846
7/16/07
To Whom It May Concern:
Regarding: We are asking for HELP.
Please respond, help or give your opinion. We need to get some rules and laws passed to prevent
this type of abuse...
We purchased a commercia.l lot in Caldwell, Tdaho. We were told required and did pay for and
install power to Our lot, as did each lot owner in this commercial subdivision.
Problem: Except for our neighbor.he works for and installs under ground utiHties faT TdahoPower. He built a shop and while we were gone he ,instructed his employee to open OUT lockedgate. He cut the c11ain; they broke in and i1Iegally entered our property. He hooked up to our-thepower service box. the equipment we pa1d for, that is on our property. The neighbor now has OUTMthe servke for FREE!!! Idaho pOwer claims this is their easement SO they have the right to givethis neighbor the right to trespass and to give him service for free, they can do as they --- wenwant !II They have and continue to back and protect this neighbor, at our expense.
New rules and updated laws need to be in place to protect others and to correct this injustice doneto us. Our opinion, the neighbor has no right to use and access our property! Blessinger used h1Sposition and Idaho Power used their power and have claimed a phony easement right to give him
our-the service that we paid for. We arc retaining the right to SUe all parties involved now and iothe future. Neither party, no one connected or involved and or their representatives etc. .. theycannot claim a prescriptive casement right to use our property now Or in the future.
If it is true and laws are in place, that we are required to share this service... New rules and lawsoeed to be put into place so that it is fair for all parries.
1. Tho eql1ipment shan be instalIed On the property line equally, not on onc property ownersland and Hnes run under the fence and onto the other property owner
s lot-land.2. No prescriptive easements or clouding a title on just one of the two lot owner s propertycan be given by (claho Power-
3. The taking of another person s property shou1d be illegal.
4. Each party receives the same amount ofpower-amps-
5. Notice shan be given to both-each lot owner, prior to .instalting equipment. Either inwriting, phone cans etc. .. Breaking and entering should be illegal.
6. A written agreement should be required for both parties and with Idaho Power. Spe1Iingout what is expected of and from each and an parties etc... Making each lot owner equally
responsible for payment and or damages etc
...
Attachment 2
Page 2 of 4
D7/25/2007 10: :3'2~J82:35'3t:45 BiJVJEF:3 PAGE
We would appreciate an answer as to WHY are WE the ONLY lot owner required to s,l:IareSERV1CE?
WHY are WE the ONLY party required to pay for the equipment and instal1ation etc... ?WHY does Idaho Power have the authority or right to give a neighbor the use of our land, theright to trespass... even if h is a legal easement for Idaho Power?
When, Mr. Blessingcr; torched our gate and took his crew onto OUr property, we feel just asviolated as we would had he done a home invasion !1t our home. Our corn."'!1ercial yard is OUf
office and work place.
WJ1en J went to Mr. Blessinger and pcrsonaUy to ask him to remove his line off my property an
argument ensued and he had a religious slur leaving me to believe this is religious discrimination.
It is impossible to understand this situation, why Idaho power and Blessinger have done this to us
why we are the only lot owner in th15 commerc1al park-subdivision that is required to share and
only at "our expense
As for hiring an attorney we have been ripped off, paid money and nO one will take the case.
They admit it is a crime "but... " There is not enough money in it for them and it would cost us
000.00 up to defend this. We were told you don t have enough money to fight theIR So, weneed to make changes with the rules and in the Jaws instead!
Idaho Power company has the control-power and hundreds of attorneys paid for by the pubJic-us~to do as they ---weJl want!!I Their own words! They Can do as they ---weB wal1t and can create
an easement if one is not in placc~ we do not have a choice or any tights with regard to this. I stm
question that! The Idaho Power reps; Steve Brown, Gary Neal and Me Fhee are just a few
involved with this matter. They have given the neighbor the use of our land, clouded our title
trespassed ilIegaJ1y, lied to Us and committed fraud, in our opinion.
The PUC is backing Idaho Power and helping to protect Ble~inger, in our opinion , why We
cannot understand!
The lying and the cover-up constantly going on in Washington, D.C- seems to be becoming the
order of conduct within our justice SYsWffi right here in what I would call rural Treasure Valley.
Rural people USe to have principles, honesty and respect for other peopJes rights and their
constitutional rights. Our Justice system has turned their backs On the basics. IS OUR QUALITYOF LIFE IN rIDS MUCH TROUBLE?
I want to go before the legislature, speak about this problem, correct it., and stop this abuse. Stopthe taking of a persons land and their use of their own land. Stop the large Corporations extreme
power.. . Keep them from taking a land-lot owners rights, stop them fTom giving your property toanother when they ~-well want to!
Please HELP and respond immediately with any suggestions etc.. .S-~
(?;.I\A. OW v+-..
Pam & Scott Bowers
Attachment 2
Page 3 of 4
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PRNILEDGED & CONFIDENTIAL COMMUNICATION
Thi$ fi1x & docmnent(s) attached hereto, may contain confidential & or legal priVJ1eged infonnation- Themfmmation is intended "ONL Y'" for the use by the ~cipient named above.PLEASE ADVISE 208-286~9909 OF ANY DEFICIENCY WIlli THIS INFORMATION. IF YOU HAVE, RECEIVED THIS TNFORMA TION-COMMUNICA nON IN ERROR. PLEASE NOTIFY US-SENDERIMMEDJA TEL Y BY PHONE AND SHREO TIfE MIS-DIRECTED FAX INFORMA nON. Anydisclosure, copyjng distribtdion OJ:' use of the contents of iItform8tion received in crtor is strictJy prohib.ted.
Pamela A. Bowers
ORiGINAL DOCUMENTS WILL:
FOLLOW BY CERTIFITED MAIL #
FOLLOW BY REGULAR MAlL
FOLLOW BY EXPRESS MAlL
(FAX) WILL NOT BE MAILED. -
FAXED :~ff
DATE 77 (07Unless Requested By:
A.M. '.Scott" & Pamela A. Bowers
BOWERS TRANSPOR..I
9559 W. Hills Gate Dr.
Star. ID. 83669-5300
hapwin2s!?JmSI1.com spdvwing(Q)rnsn.comPHONE 208-286-9909 FAX [phone]
Attachment 2
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