20180221Summons.pdf

ldaho Public Utilities Commission 6.L Butorr Coremr
P.0. Box B7'&,Bolse,l0 Wnn-0IJ74 Paul l(iellander, Commissioner
Kristine Raper, Commissioner
Eric Anderson, Commissioner
February 27,20L8
Via Certified Mail
Israel Ray, President/Treasurer
Atlanta Power Company
11140 Chicken Dinner Road
Caldwell, Idaho 83607
Re: Case No. ATL-E-1.8-01
Dear Mr. Ray:
Enclosed please find a Summons and Complaint issued against Atlanta Power Company in
Case No, ATL-E-18-01. As directed in the Summons, you are to file a written answer or
motion in defense of said Complaint with this Commission within 27 days of the service
date of the Summons.
Among other things, Ms. Drake complains that Atlanta Power Company is violating
Commission Order No. 31086 and Idaho Code 61-302 by failing to maintain adequate
service. The Company should respond to Ms. Drake's Complaint and all claims made
therein, and provide any necessary additional information to the Commission.
Sincerely,
Diane M. Hanian
Commission Secretary
Enclosure(s)
l:\Legal\ELECTRIC\ATL-E- 18-0 1\ATLE 1 80 1-cvrLtr.doc
472 West Washington Slreet, Boise lD 83702
Telephone: [phone] Facsimile; [phone]
BEFORB THE TDAHO PUBLIC UTILITIES COMMISSION
MARY E. DRAKE,
COMPLAINANT SUMMONS
CASE NO. ATL-E-18-01
ATLANTA POWER COMPANY,
RESPONDENT.
THE STATE OF IDAHO SENDS GREETINGS TO THE ABOVE-NAMED RESPONDENT.
YOU ARE HEREBY NOTIFIED that a Complaint has been filed with the Idaho
Public Utilities Commission by the above-named Complainant; and
YOU ARE FURTHER NOTIFIED that the Commission has opened a concurrent
Staff investigation into service reliability, maintenance and operations, and customer relations of
Atlanta Power Company;
YOU ARE HEREBY DIRECTED to file a written answer or written motion in
defense of the Complaint within twenty-one (21) days of the service date of this Summons; and
YOU ARE HEREBY NOTIFIED that unless you do so within the time herein
specified, the Idaho Public Utilities Commission may take such action against you as is prayed
for in the Complaint or as it deems appropriate under Title 61 of the ldaho Code.
WITNESS my hand and the seal of the Idaho Public Utilities Commission this Z:*
day of February 2018.
Diane M. Hanian
Commission Secretary
(sEAL)
SUMMONS
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From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, January 2,2OL8 7:47 PM
To: Front <[e-mail]>; Beverly Barker <[e-mail]>
Subject: Consumer Assistance Form: Mary Drake
Name: Mary Drake
Email: [e-mail]
Telephone: [phone]
Address: 72 E PINE ST
ATLANTA ID,83715
Name of Utility Company: Atlanta Power Company Contacted Utility: Yes
Complaint: Mary E. Drake
72 E. Pine
Atlanta, ldaho 83716
ldaho Public Utilities Commission
472 W. 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 51-301, The Statute reads: "DUTlEs oF PUBLIC UTILIT|ES 61-302. MATNTENANCE 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 in 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 L3,201.0. There is 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,it
states that "lt appears Dave Gill's availability has changed. He is available in Atlanta for immediate
system repairs most of the time," This is NO LONGER TRUE, Dave Gill no longer lives in Atlanta, ldaho.
Hence, this formal complaint, filed here, now is:
1. There continues to be frequent 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 fix 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 lawful duty as a utility company per
statute 6I-302 which states: DUTIES OF PUBLIC UTILITIES: 6T-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 in all respects adequate, 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
contact 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 him. He leaves town and is nowhere to be
found during a power outage, nor has he trained anybody to help during his absence. This is simply
irresponsible, and a blatant disregard for Statute 6L-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 !! When will this be resolved??
Please, please give attention to this formal complaint. The situation in Atlanta needs ATTENTION now!
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 WANT TO NOT HAVE TO DEAL WITH THE CONSTANT POWER OUTAGES and TOTAL
LACK OF CUSTOMER CONSIDERATION, and the lack of ACCOUNTABILITY demonstrated by lsrael Ray and
the Atlanta Power Company.
Sincerely,
s/ Mary E. Drake
Mary E. Drake
U n iq ue I de ntif ie r: 2L6.L82.L11..L39
Thank you for your action in this matter.
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Otfice of the Secretary
Sen'ice Date
February 20. 201 8
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MA'I'TER OF THE INVESTIGATTON
OF ATLANTA POWER COMPANY
SERVICE AND CUSTOMER RELATIONS
CASE NO. ATL-E-I8-OI
NOTICE OF INVESTTGATION
In the spring of 2017. Conrmission Staff received a number of complaints from
residents of Atlanta. Idaho. outlining concerns related to electric service being provided by
Atlanta Power Company. The customers stated that the Company's hydroelectric turbine was no
longer rvorking and the Company w'as using a diesel generator to provide electric service. lt rvas
reported that the generator rvas regularly mnning out of fuel and electric service outages were
occurring frequently for signilicant periods of time. Stall' received several complaints
throughout 2017 about inadequatc service and outages. and thc inability of customers to contact
anvone liom the Company. On January 2,2018. Atlanta Power customer Mary Drake filed a
Formal Complaint against Atlanta Power Company claiming the Cornpany is violating
Comnrission Order No. 31086 and lduho Coele $ 6l-302 by failing to maintain adequate service.
On January 22, 2018, Staff requested that thc Commission direct thc Company t<r
respond to the Fonnal Complaint of Mary Drake, and to open a tbnnal investigation into the
Company. Staff'reconrmended that thc investigation focus on service reliability, maintenance
and operation ol'the Company's fbcilities, and customer service. As part of its investigation,
Staff w'ill rcview the Company's compliancc with past ordcrs, inspect generation and distribution
facilities, and confer with customers.
Thc Commission approvcd Stafl's recommcndation that a summons be issued regarding
the Formal Complaint of Mary l)rake, and also ordered that StatTconduct an investigation undcr
the same dockct. Thc Comntission dircctcd Stalf to work with tlre Conrpany and its customcrs to
investigate reliability and custonrer serv'ice issues. identify possible solutions and provide a
rcport detailing Stafls findings within six months.
Accordingly, we direct Atlanta Power to address the Formal Customer Complaint of
Mary Drake. to make itself available to Staff fior any audit and/or inspection, and respond to any
and all questions posed by Staff. Rcsponscs should be by formal written answer in this case.
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ORDlit{ N0. 33988
0RDER NO.33988
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Orrce Staff cornpletes its investigation, or at the appropriate time, it shall report its findings and
rnake recommendations to the Commission.
ORDER
IT IS IIEREBY ORDERED that Commission Staff shall conducl an investigation
inlo the service reliability. maintenance and operalions. and customer relations of Atlanta Power
Company. Staff shall provide a report and recommendations to the Commission for further
action no later than July 3 I . 201 8,
IT IS FURTHER ORDERED that the Company respond to the lrormal Conrplaint of
Mary Drake, as directed in the sumn"rons issued by the Commission.
IT IS FURTHER ORDERED that Atlanta Power Company respond to any inquiries.
Cornmission Statf is directed to issue production requests, written interrogatories or other forms
of discovery as well as pursue its statutory right to examine and audit the records.
DONE by Or<Jer of'the ldaho Public Utilities Commission at Boise, Idaho this Z,)&/
day of February 201 8.
PAUL KJELI,ANDER. PRESIDENT
ONER
'irt -
I]RIC ANDERSON, COMMISSIONER
A'I"IES1':
Diane M. Hanian
Commission Secretary
I Lcgrl.l"ORDtrRS A'fl,E I80 i _bk,lilvsrig.{ion Ordd dq.
2ORDER N(). 33988