20221011_FormalComplaintIdahoPower_cwhrn1.jo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CHRIS HECHT
RILEY NEWTON
DATE:OCTOBER 11,2022
RE:IN THE MATTER OF SARA STATZ HARTZHEIM'S REQUESTFOR A
FORMAL COMPLAINT AGAINST IDAHO POWER COMPANY.
On September 14,2022,Sara Statz Hartzheim ("Complainant")filed an informal complaint
against Idaho Power Company ("Company"or "Idaho Power"),regarding her ability to maintain
the grandfathered (legacy)status of the solar array at her home that was destroyed by fire on May
17,2022.The Company told her if the system was ofTline more than six months she would lose
her system's legacy status.Based on the Company response,she requested the Commission open
a formal complaint.
FORMAL COMPLAINT
The Complainant received final approval on the system installed on their residence June
19,2019,and began taking service under Idaho Power Company Tariff Schedule 6.Case No.IPC-
E-18-15,Order No.34546,allowed customers whose system was complete and operational before
December 20,2020,to be grandfatheredunder Schedule 6 and allowed the customer to receive a
one-for-one credit of each kwh it placed on the system.The four criteria to have and retain legacy
status are described below:
The Company lists four criteria for grandfathering by system:(1)A customer who
moves into a property with a grandfathered net-metering system gets to "inherit"
the grandfathered status of the system.Likewise,when a customer moves from a
property with a grandfathered system,that customer does not get to take the
grandfathered status of the system with them to their next property;(2)If a system
is offline for more than six months,or is moved to another site,the grandfathered
status of the system is forfeited;(3)To allow for the replacement of degraded or
broken panels,the customer may increase the capacity of the grandfatheredsystem
by no more than 10%of the originally installed nameplate capacity or 1 kW,
whichever is greater;and (4)Grandfatheredstatus terminates December 20,2045.
Id.at 5.
DECISION MEMORANDUM OCTOBER 11,2022
The fire of May 17,2022,destroyed the house and the attached array (see attached
pictures).The remaining structure had to be demolished and the lot now stands empty.In
conversations with the Company,the Complainant was told if the system remained off-line for six
months the system would lose its legacy status.A subsequent email conversation between
Commission Staff and the Company confirmed the requirement and that there was no exception
for extenuating circumstances such as fire.The Company also stated that an application to build
the new system would be considered,however the new system would not qualify for legacy status.
The Complainant is still in the process of getting approval for the new house plans and construction
and construction which cannot be completed within the six-month timeframe.The Complainant
has submitted a formal request for a formal complaint (see attached)as well as pictures of the
property.
RECOMMENDATION
Staffrecommends the Commission issue a Summons to the Company directing it to answer
or otherwise respond to the complaint within twenty-one (21)days.Staff also recommends the
Commission allow fourteen (14)days for Staff and the Complainant to reply to the Company's
Answer.
COMMISSION DECISION
Does the Commission wish to:(1)issue a Summons to Idaho Power giving the Company
twenty-one (21)days to respond to the Summons?(2)allow Staff and the Complainant fourteen
(14)days to respond to the Company's response?
Riley ewton
C -Users>newton\AppData LocaM1icroseñ\Windows\lNetCachc\Conten!OutlookYEWKPi70\lPC-E.22-XN FORMAL COMPLAINT(dra rev 3)docx
DECISIONMEMORANDUM OCTOBER 11,2022
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Sara E.Statz Hartzheim &Matthew Hartzheim
356 W Hidden Meadow Way
Middleton,ID 83644
September 20,2022
Idaho Public Utilities Commission
11331 W Chinden Blvd,Building 8,Suite 201-A
Boise,ID 83714
RE:Denial of net metering grandfatheringperiod following solar array loss due to fire on 5/17/22
Idaho Power Account:2220243154
Interconnection Date:6/20/19
I am formally filing a complaint as we believe Idaho Power is unfairly applying the rules set forth by the Idaho
Public Utilities Commission (IPUC)regarding the grandfatheringclause as it applies to customer solar generation.
Our family began generating solar power at our home in 6/19 with the installation being performed by
intermountain Wind and Solar.The interconnection process was completed by Idaho Power on 6/20/19.
This places our solar array well within the grandfathering period set forth by the IPUC.
Unfortunately,on 5/17/22 our family experienced an electrical fire which destroyed our home and with it our solar
array.In the immediate aftermath of the fire all utility companies were contacted to alert them of our situation
and be asked that our accounts be placed on hold for the time being.When I spoke with idaho Power,I was told
we would lose our grandfatheringstatus if our solar generation system did not come back online within six (6)
months.As we had just lost our entire home to fire getting our system back up within six months seemed
impossible.
I later followed up with Shawn Lovewell on 6/9/22 from Idaho Power's Customer Generation group.She informed
me that there was nothing Idaho Power could do to make an exception as Idaho Power was governed by the IPUC's
rules and regulations.
After taking time to gather ourselves following the fire,I later reached out to the IPUC directly for more guidance
regarding this matter.An online complaint was submitted on IPUC's website on 9/14/22.Chris Hecht,Utilities
Compliance Investigatorfrom IPUC,responded to my request via email on 9/16/22.Mr.Hecht agreed to speak
with his Manager at IPUC and reach out to Idaho Power directly.
On 9/20/22,Mr.Hecht later informed me that Idaho Power had denied my request for an extension of time to get
our solar array back online citing IPUC case IPE-E-18-15,order no.34546.
Order number 34546 cites four (4)basic criteria for grandfathering by system:
1)A customer who moves into a property with a grandfatherednet-metering system gets to "inherit"the
grandfatheredstatus of the system.Likewise,when a customer moves from a property with a
grandfatheredsystem,that customer does not get to take the grandfatheredstatus of the system with
them to their ne×t property.
2)If a system is offlinefor more than six months,or it is moved to another site,the grandfatheredstatus of
the system is forfeited.
Idaho Public Utilities Commission-Formal Complaint
September 20,2022
Page 2
3)To allow for the replacement of degraded or broken panels,the customer may increase the capacity of the
grandfatheredsystem by no more than10%of the originally installed nameplate capacity or 1 kW,
whichever is greater.
4)Grandfathered status terminotes December 20,2045
Respectfully,we disagree with the application of this IPUC order in our case.I will outline my argument in greater
detail why we disagree with the application of this IPUC order.
The first criteria does not apply as we are not attempting to move the system or take it with us to our new home.
Our family will be rebuilding our home,and our solar array,at the same location.Our building plans are in the
process of being submitted to the City of Middleton for approval.Once approval is granted,we will begin the
building process immediately.
Criteria two is the point our family is contesting.While we can see the intention of the IPUC order,frankly it is
overbearing and punitive to enforce in situations such as ours.Our family did nothing wrong.Our system was well
maintained and would have still been operationaltoday had it not been for the housefire.No attempts have been,
nor will they be made to move our system to another location.We are in the process of rebuilding our home at the
same service address (356 W Hidden Meadow Way,Middleton,ID 83644)and fully intend to reinstall our solar
array.
The third criteria regarding the replacement of degraded or broken panels is unapplicable in our scenario.All of
our panels were irrevocably destroyed by the fire of 5/17/22.We are not able to simply restore our System by
increasing the capacity by 10%or 1 kW-the entire system needs to be rebuilt.Since there is no home to place the
solar panels on,this must be completed once the house is rebuilt.
The fourth criteria does not materially affect our complaint to the IPUC.While we are losing time with our solar
generation system,we understand the IPUC may not be able to extend the grandfatheringperiod by that time.
Although,it would be appreciated to have the IPUC consider extension of the grandfatheringperiod in our case by
the amount of time our system will be offline,it is likely we will be unable to generate power from 5/17/22 to
approximately 8/1/23 while we have been displaced by the fire and our home is being rebuilt.
I humbly asked the IPUC and Idaho Power to fully consider each of these arguments in our case as it does not
appear anyone considered catastrophic damages and losses such as these when developing the grandfathering
order.
Sincerely,
Sara E.Statz Hartzheim &Matthew Hartzheim
Homeowners