20180308Summons (2).pdf

ldaho Public Utilities Commission
P.0. Box 88720, Boise,lD 837m-W74
C.L Butorr Otter, Governor
Paul Kjellander, Commissioner
Xristine Raper, Commissioner
Eric Anderson, Commissioner
March 8,2018
Via Certified Mail
Israel Ray, President/Treasurer
Atlanta Power Company
16589 Wagner Rd.
Caldwell, ID 83607
Re: Case No. ATL-E-18-01
Dear Mr. Ray:
Enclosed please find a Summons and Complaint issued againstAtlanta 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 21 days of the service
date of the Summons.
Among other things, Ms. Drake complains thatAtlanta Power Company is violating
Commission Order No. 31086 and ldaho Code 61-302by 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)
I | \Legal\ELECTRIC\ATL-E- 18-0 1\ATLE 1 B0 1-CrLtr3.dod
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
MARY E. DRAKE,
COMPLAINANT,SUMMONS
CASE NO. ATL-8.18-01
ATLANTA POWER COMPANY,
RESPONDENT.
Israel Ray
Atlanta Power Company
16589 Wagner Rd.
Caldwell, ID 83607
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 te
day of March 2018.
(sEAL)
Diane M. Hanian
Commission Secretary
SUMMONS
I:\LegaI\ELECTRIC\ATL-E- I 8-0 I VTTLE I 80 I _Summons_bkl. doc
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ldaho Public Utilities Commission
Office of the SecrotaryRECEIVED
JAN 0 2 20t8
toisr;. rr:iahn
From: [e-mail] Imailto:[e-mail]]
Sent: Tuesday, January 2,20L8 7:47 PM
To: Front <[e-mail]>; Beverly Barker <Beverlv.Barker@p >
Subject: Consumer Assistance Form: Mary Drake
Name: Mary Drake
Email: f [e-mail]
Telephone: [phone]L
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
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: "DUT|Es 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 in all respects adequate, efficient, just and
reasonable."
lhavebeenaresidentofAtlanta, ldahofor20years. lhaveexperiencedthechangeofownershipofthe
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 is plenty of historical evidence that shows
there has been a problem with Atlanta Power Company outates 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 S 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 help !
Also, after an investigation into Atlanta Power Company by PUC in February,2005, Order fi29706,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 61-302 which StAtCS: DUTIES OF PUBLTC UTILITIES: 51-302. 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-3O2.
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 IACK 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.
Thank you for your action in this matter
Sincerely,
s/ Mary E. Drake
Mary E. Drake
Unique ldentifier: 216.182.1'11.139
Office of the Secretary
Senice Date
February 20,2018
BEFORE THE IDAHO PUBLIC I.ITILITIES COMMISSION
IN THE MATTER OF THE INVESTIGATION
OF ATLANTA POWER COMPAhIY
SERVICE AND CUSTOMER RELATIONS
CASE NO. ATL-E-18.0I
NOTICE OF INVESTIGATION
oRDER NO.33988
In the spring of ?017. Comrnission Staff received a number of complaints from
residents of Atlanta, tdaho, outlining concerns related to electric sen'ice being provided by
Atlanta Power Company. 'fhe customers stated that the Company's hydroelectric turbine w?s no
longer working and the Company was using a diesel generator to provide electric service. It was
reported that the generator rvas regularly running out of fuel and electric service outages were
occurring frequently for significant periods of time. Staff rcccived sevcral complaints
throughout 2017 about inadequate service and outages, and the inability of customers to contact
anyone from the Company. On January 2, 2018, Atlanta Power customer Mary Drake filed a -
Formal Complaint against Atlanta Power Company claiming the Company is violating
Commission Order No. 31086 and lcluho Code $ 6l -302 by lailing to maintain adequate service.
On January' 22, 2018, Staff requested that the Commission direct the Company to
respond to the Formal Complaint of Mary Drake, and to open a formal investigation into the
Company. Staff recommended that the investigation focus on service reliability, maintenance
and operation of the Company's facilities, and customer service. As part of its investigation,
Staff will review the Company's compliance with past orders, inspect generation and distribution
facilities, and confer w'ith customers.
The Commission approved Stafl-s recommcndation that a summons be issued regarding
the Formal Complaint of Mary Drakc, and also ordered that Staffconduct an investigation under
the same docket. The Commission directcd Staffto r+'ork with thc Company and its customers to
investigate reliability and customer service issues, identify possible solutions and provide a
report detailing Staff s findings within six months.
Accordingly, we direct Atlanta Power to address thc Formal Customer Complaint of
Mary Drake, to make itself available to Stafffor any audit and/or inspection, and respond to any
and all questions posed by Staff. Responses should be by formal written answer in this case.
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oRDER NO. 33988 I
Once Stalf completes its investigation. or at the appropriate time, it shall report its t'indings and
rnake recornmendations to the Commission.
ORDER
lT IS IIEREBY ORDERED that Commission StafT shall conduct an investigation
into the service reliability, maintenance and operations, and customer relations of Atlanta Power
Company. Staff shall provide a report and recommendations to the Commission lor further
action no later than July 31, 2018.
IT IS FURTHER ORDERED that the Company respond to the Formal Complaint of
Mary Drake, as directed in the summons issued by the Commission.
IT IS FURTHER ORDERED that Atlanta Power Company respond to any inquiries.
Commission Staff is directed to issue prodr.rction requests, written interrogatories or other forms
of discovcry as rvell as pursue its statutory right to examine and audit the records.
DONE by Ordcr of the ldaho Public Utilities Commission at Boise, Idaho this Z
day of February 2018.
PAT]I, KJET,LANDER, PRESIDENT
RAP ISSIONER
d&
.4,+t
ERIC ANDERSON, COMMISSIONER
AITEST
Diane M. Hanian
Commission Secretarv
I'kgrl'IORDERS ATI.E l80l_bl_lnvE*ilrtim Ords.doc
2ORDER NO. 33988