20180122Decision Memo.pdf

DECISION MEMORANDTIM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FTLE
FROM: JOHNATHAN FARLEY
DATE: JANUARY 22,2018 Afu- E-t?-\l
RE:TORMAL COMPLAINT OF MARY DRAKE V. ATLANTA POWER
COMPANY AND STAF'F'S PROPOSED CONCURRENT FORMAL
STATT INVESTIGATION
On January 2,2018, Mary Drake filed a Formal Complaint against Atlanta Power
Company claiming the Company is violating Commission Order No. 31086 and ldaho Code
5l-302 by failing to maintain adequate service. See Attachment. Ms. Drake's complaint
specifically addresses frequent power outages, public safety, lack of qualified personnel to
operate and maintain Company facilities, and the Company's inaccessibility and failure to
respond to customer complaints. Ms. Drake is unsatisfied with the Commission Staffs efforts to
resolve her complaint informally and has filed this Formal Complaint.
BACKGROUND
In recent years, Staffhas attempted to work with customers and the Company informally
in an effort to resolve complaints regarding the sarne issues raised in Ms. Drake's Formal
Complaint. Staffis awrue of ongoing problems with the Company's two power generating
resources (a hydroelectric hubine and a diesel-powered electric generator). Of particular
concern is the fact that the Company cturently does not have anyone available to operate or
maintain the systern. Staff has been unable to contact Israel Ray, President of Atlanta Power, to
discuss the most recent outage and Ms. Drake's complaint.
At this juncture, Staff recommends that the Commission open a formal Staff investigation
to run concurrently with Ms. Drake's Formal Complaint. The investigation will focus primarily
1DECISION MEMORANDUM JANUARY 22,2A18
on service reliability, maintenance and operation of the Company's facilities, and customer
service. As part of its investigation, Staffwill review the Company's compliance withpast
orders, inspect generation and disEibution facilities, and confer with customers. At the
conclusion of its investigation, Staffproposes to report its findings to the Commission with
recommendations for further action.
STAFF RECOMMENDATION
Staffwas unable to resolve Ms. Drake's complaint informally. See Rules 23,25 and 54,
IDAPA 31.01.01.023, .024 and.054. Staffrecommends the Commission accept the Formal
Complaint and issue a summons to Atlanta Power Company directing the Company to file a
response to the Complaint.
Additionally, Staffrecommends the Commission initiate a formal Staffinvestigation of
Atlanta Power Company, focusing primarily on service reliability, maintenance and operation of
the Company's facilities, and customer service.
COMMISSION DECISION
Does the Commission accept Ms. Drake's Formal Complaint? Does the Commission
wish to issue a Summons to Atlanta Power Company? Does the Commission accept Staffs
proposal to initiate a formal Staffinvestigation to run concurrently with the Formal Complaint
process?
J Farley
UdmcmoyAtlanta Power Dccision Memo Jan 2018
DECISION MEMORANDUM JANUARY 22,20182
From : tlu te. md@sma il.com l&atlto :fl ute.md @emai t.qqm ]
Sent: Tuesday, January 2,z0tg 1:47 PM
To: Front <[e-mail]>; Beverly Ba*er <Beverlv.Barker@p >
Subject: Consumer Assistance Form: Mary Drake
Name: Mary Drake
Email: [e-mail]
Telephone: [phone]!
Address: 72 E PINE 5T
ATTANTA I0,83716
Name of Utility Company: Atlanta Power Company Contacted Utility: yes
Complaint: Mary E. Drake
72 E. Pine
Atlanta,ldaho 83716
ldaho Public Utilities Commission
472W. Washington
Boise,ldaho 83702
Dear Commissioners:
Please consider this a formal complaint against Atlanta Power Company for failing to fulfill their lawful
duty of providing and maintaining adequate services of electricity to the town of Atlanta, ldaho, per
ldaho Statute 61-301. The Statute reads: "DUTIES OF PUBLIC UTILITIES 61-302, MAINTENANCE OF
ADEQUATE SERVICE, Every public utility shall furnish, provide and maintain such service,
instrumentalities, equipment and facilities as shall promote the safety, health, comfort and convenience
of its patrons, employees and the public, and as shall be ln all respects adequate, efficient, just and
reasonable."
I have been a resident of Atlanta, ldaho for 20 years. I have experienced the change of ownership of the
Atlanta Power Company. I am also aware of previous complaints about the services provided by the
company, and the ensuing Final Order of May 13, 2010. There ls plenty of historical evidence that shows
there has been a problem with Atlanta Power Company outages for many years.
This complaint, today, is to inform you that Atlanta Power Company is NOT DOING WHAT they agreed to
do per the Final Order dated May 13, 2010 (Order # 31085) in which it states: "lt is further ordered that
Atlanta Power Company continue to monitor the power concerns. lf the power concerns are not
mitigated, then the staff and company will advise the commission on appropriate course of action." lt
has been 7 years since this order, and the power outages still occur. Many people have complained to
the PUC, yet no action is taken. This complaint poses the question; Why is the Atlanta Power Company
not being held accountable to uphold its duties as a utility provider by the PUC? Please, we need helpl
Also, after an investigation into Atlanta Power Company by PUC in February, 2005, Order #29706, il
states that "lt appears Dave Gill's availability has changed. He is available in Atlanta for immediate
system repairs rnost of the time." This is N0 TONGER TRUE, Dave Gill no longer lives in Atlanta, ldaho,
Hence, thls formal complaint, filed here, now is:
1. There continues to be freguent power outages in Atlanta, ldaho.
2, Power outages HARM the safety of Atlanta residents, due to needing access to electronics for
emergencies, drinking water (for those with electronic water pumps), and access to healthy food
(refrigerators go out and food spoils during outages).
3. There is no one in town who knows how to fix the system when the owner of Atlanta Power
Company (lsrael Ray) is out of town,
4. lsrael Ray does not hire anybody to be available to diagnose problems and flx problems during
outages.
5. Although there is a generator up here, in Atlanta, it does not function in cold weather, due to diesel
fuel.
6. lsrael Ray, as owner of Atlanta Power Company is not fulfilling his lav,rful duty as a utility company per
statute 61-302 which states: DUTIES OF PUBLIC UTILITIES: 61-302. MAINTENANCE OF ADEQUATE
SERVICE. Every public utility shallfurnish, provide and maintain such service, instrumentalities,
equipment and facilities as shall promote the safety, health, comfort and convenience of its patrons,
employees and the public, and as shall be in all respects adeguate, efficient, just and reasonable."
Evidence that demonstrates Failure to comply with this statute includes, but not limited to:
a. There is no telephone number to call for assistance when the power goes out in Atlanta, ldaho. The
number to call is lsrael's, and the message inbox is ALWAYS FULL, No other number to call, or way to
contast him or anybody who knows how to help during a power outage. This is blatant disregard for us,
consumers, customers, residents of Atlanta, who pay our bills to Atlanta Power Company every month
for services we EXPECT to receive in exchange!
b. lsrael Ray leaves town and nobody has any way to contact hlm. He leaves town and is nowhere to be
found durlng a power outage, nor has he trained anybody to help during his absence. This is simply
irresponsible, and a blatant disregard for Statute 61-302.
7. After many, many years of problems with the power in Atlanta, ldaho, there seems to be no
resolution. lf something gets fixed, it's momentary, Granted, there is a generator up here now, but it
doesn't start in the winter, and in the summer, it runs out of gas and we need to wait days before we
get diesel gas up here. Therefore, the Time is NOW to fix the problem ll When will this be resolved??
Please, please give attention to this formal complaint. The situation in Atlanta needs ATTENTION nowl
lsrael Ray and The Atlanta Power Company need to be held accountable for their LACK of ACTIONS in
adhering to the law for public utilities. For, l, myself am a paying customer, as are many others in this
town and we simply WANTTO NOT HAVE TO DEAI WITH fHE CONSTANT POWER OUTAGES and TOTAL
LACK OF CUSTOMER CONSIDERATION, and the lack of ACCOUNTABILITY demonstrated by lsrael Ray and
the Atlanta Power Company.
Thank you for your action in this matter.
Sincerely,
s/ Mary E. Drake
Mary E. Drake
Unique ldentifier: 216.182.111.139