20220124Staff Summons to Atlanta Power Company.pdf

Idaho Public Utilities Commission

11331 W. Chinden Blvd. Ste 201-A Boise ID
83714 Telephone: [phone]
Facsimile: [phone]

January 24, 2022

Via Certified Mail

Atlanta Power Company
11140 Chicken Dinner Road
Boise, ID 83607

Re: Case No. ATL-E-21-01
Mary Drake vs. Atlanta Power Company, Inc.

To Whom It May Concern:

I have enclosed a Summons and Formal Complaint issued against Atlanta Power Company in Case
No. ATL-E-21-01. As directed in the Summons, you are to file a written answer or motion in
defense of said Complaint with this Commission within twenty-one (21) days of the service date
of the Summons.

Sincerely,

Jan Noriyuki
Commission Secretary

Enclosure(s)
I:\Legal\ELECTRIC\ATL-E-21-01 Drake\ATLE2101_CvrLtr.docx
SUMMONS 1
N:\Summons\COMPLETED SUMMONSES\ATLE2101_Summons_jh.doc
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

MARY E. DRAKE,

COMPLAINANT,

vs.

ATLANTA POWER COMPANY, INC.

RESPONDENT.

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SUMMONS

CASE NO. ATL-E-21-01

Atlanta Power Company, Inc.
11140 Chicken Dinner Road
Boise, Idaho 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;

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, Inc. (“Atlanta Power” or the “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;

YOU ARE FURTHER NOTIFIED that the Commission Staff and Complainant
will have twenty-one (21) days following the Respondent filing its Answer to file responses;

YOU ARE FURTHER 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 Idaho Code; and

YOU ARE FURTHER NOTIFIED that all persons and parties shall comply with
the Commission Rules of Procedure, IDAPA 31.01.01.000 et seq, and specifically Rules 41
through 43, IDAPA 31.01.01.041-.043.

WITNESS my hand and the seal of the Idaho Public Utilities Commission this 24th
day of January 2022.

______________________
(SEAL) Jan Noriyuki
Commission Secretary
., .,,1_-,,;
Name: Mary Drake
Emai I : flUe.md@gmaiLCqm
Telephone: [phone]
Address: 72 E PINE ST
ATLANTAID,83716
Name of Utility Company: Atlanta PowerCompany Contacted Utility:Yes
Complaint: Mary E. Drake
72 E. Pine
Atlanta, ldaho 83716
t.
*Tt-t- 2t-ot
ldaho Public Utilities Commission
472W. Washington
Boise, loaho83702
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 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 13,2010. 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 thatAtlanta Power Company is NOT DOING WHAT they agreed to
do per the Final Order dated May 13, 2010 (Order # 31086) in which lt 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!
Af so, after an investigation intoAtlanta Power Company by PUC in February, 2005, Order #29706,i1
states that "lt appears Dave Gill's availability has changed. He is available in Atlanta for immediate
systemrepairsmostofthetime."ThisisNOLONGERTRUE. DaveGillnolongerlivesinAtlanta,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 safetyof Atlanta residents, due to needing access to electronics for
emergencies, drinking water (for thosewith 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 notfulfilling his lawful duty as a utility company per
statute6l-302whichstates: DUTIESOFPUBLICUTILITIES: 61-302. MAINTENANCEOFADEQUATE
SERVICE. Every public utility shallfurnish, provide and maintain such service, instrumentalities,
equipment and facilities as shall promote the safety, health, comfort and convenience of lts 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 callfor assistance when the power goes out in Atlanta, ldaho. The
numbertocallislsrael's,andthemessageinboxlsALWAYSFULL. Noothernumbertocall,orwayto
contact him oranybody who knows howto 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 inexchange!
b. lsrael Ray leaves town and nobody has anyway 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 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, lt'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 I I When will this be resolved??
Please, please give attention to this formal complaint. The situation inAtlanta needs ATTENTION now!
lsraelRayandTheAtlanta PowerCompany needtobeheld accountablefortheirLACKof ACTIONS in
adhering to the law for public utilities. For, l, myself am a paying customer, as are many others in this
townandwesimplyWANTTO NOTHAVETO DEALWITHTHECONSTANT POWEROUTAGESandTOTAL
LACKOFCUSTOMER CONSIDERATION, andthelackofACCOUNTABlLlTYdemonstrated bylsraelRayand
the Atlanta Power Company.
Thank ;;ou for your ar,tion in this triatter
Sincerely,ry
Mary E. Drake