20171114Decision Memo.pdf

TO:
DECISION MEMORANDTJM
COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
Avn- E- t1- tr
FROM:JOHNATHAN FARLEY
ocroBER 24,20t7
FORMAL COMPLAINT OT MARY BAENEN V. AVISTA
DATE:
RE:
On October 10,2017, the Commission received an "urgent petition" from Mary Baenen
requesting the Commission to: (l) immediately take action to allow customers to choose to use
analog meters and refuse smart meters and other R-F-EMR emitting meter$ due to concerns about
health, privacy, and security without imposing fees or penalties based upon the customer's
choice of meters; (2) deny the rate increases requested by Avista in Case Nos. AVU-E-17-01 and
AVU-G-I7-01; and (3) deny Avista's proposed merger with Hydro One Limited (Case Nos.
AVU-E-17-09 and AVU-G-17-05). Staff had informal discussions with Ms. Baenen and agreed
that her concerns about meter choice should be treated as a formal complaint in a new docket.
Staff and Ms. Baenen further agreed to include her comments about Avista's proposed rate
increase and merger with Hydro One in the ongoing rate case and merger case.
BACKGROUND
On August 31,2017, the Commission Staff held a public workshop in Coeur D'Alene,
Idaho. The purpose of the workshop was to summarize Avista's Application seeking authority to
increase the Company's general rates for electric and natural gas service in ldaho. In addition to
summarizing the Company's Application, Commission Staffheld an open discussion with
workshop attendees in order to answer any questions that arose from Staff s presentation.
During that discussion, Ms. Baenen expressed concerns about the Company's lack of an
opt-out policy for customers that do not want a "smart meter" as well as health concems
associated with meters that emit radio frequencies, Ms. Baenen, along with other attendees of
IDECISION MEMORANDUM ocroBER 24,2017
the workshop, requested the Commission consider the health implications associated with "smart
meters" and allow customers to choose between using "smart meters" or analog meters. Staff
informed them that the Commission had not adopted such a policy. Following the workshop,
Staff provided Ms. Baenen with additional information, including instructions on how to file a
formal request with the Commission. Ms. Baenen has filed her petition to bring her meter
concerns to the Commission's attention.
Per Staff s understanding with Ms. Baenen with respect to her comments about Avista's
proposed rate increase and merger with Hydro One, Ms. Baenen's "petition" has also been frled
in Case Nos. AVU-E-17-01, AVU-G-I7-01, AVU-E-17-09 and AVU-G-I7-05 so that the
Commission can consider her rate and merger comments in those cases.
STAFF R.ECOMMENDATION
Staffdetermined that Ms. Baenen's request for the Commission to allow Avista
customers the opportunity to opt out from using "smart meters" and other RF-EMR meters
cannot be resolved informally. Therefore, Staff recommends her "petition" be treated as a
Formal Complaint. Stafffurther recommends that the Commission issue a summons to Avista
and direct the Company to file a response to the Complaint.
COMMISSION DECISION
Does the Commission wish to accept Ms. Baenen's formal complaint? Does the
Commission wish to issue a summons to Avista?
J,Farley
Udmcmos/Formal Comploint Bacncn dcc mcmo
2DECISION MEMORANDUM ocToBER 24,2A17
URGENT PETITION
Oct 6th, 2017
Petition to Commissioner PauI Kjellande, Commissioner Kristine Rape, and
Commissioner Eric Anderson of the Idaho Public Utilities Commission
Concerning Smart Meters, Avista Corporation, Scott L. Monis, the man, and
CEO of Avista Corporation
by Mary Baenen, the woman, living in Sandpoint Idaho
This Petition is considered Urgent and
a timely action and response
from Idaho Public Utilities Commissioners is requested
due to
the request of Avista Corporation
to sell to a foreign country
along with rate increase
and due to
Health and Security Reasons
Petition to Commissioner Paul Kjellande, Commissioner Kristine Rape, and
Commissioner Eric Anderson of the ldaho Public Utilities Commission
Concerning Smart Meters, Avista Corporation, Scott L. Monis, the man, and CEO of
Avista Corporation by Mary Baenen, the woman, living in Sandpoint Idaho Oct 6m, 2017
WHEREAS, I met with representatives of the Idaho Public Utilities Commission at meeting
on August 3 I't' 2017 in Coeur d'Alene, Idaho, I am aware of the actions and intentions of
Utitity Company, Avista Corporation;
WHEREAS, Scott L. Morris and Avista Corporation, along with supporters are acting
beyond the scope of their authority by placing devices that can obtain confidential
information on homes in Idaho, including my home, which is in violation of
protections granted by the U,S. Constitution, Amendment IV:
The right of people to be secure in their person, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the ptace to be searched, and the persons or things to be seized;
WHEREAS, health complaints have been reported after a smart meter is installed as well as
reports of smart meters causing fires. smart meters emit RF-EMR (Radio Frequency-
Elechomagnetic Radiation), which is
Class 28 carcinogen.
the WHO Health on AS
I consider the implementation of the so named "Smart Grid" and or some of its components,
including but not limited to "Smant Meters" and or "advanced meters" to in fact cause hann
of various kinds. I have asked Scott L. Morris, the CEO of Avista, to replace the digital RF-
EMR emitting meter on my home with a non-EMR emiuing analog meter. He refuses to do
so. As per Idaho Code 6t-302, Avista shall provide me with equipment that shall
promote safety, health, comfort and convenience;
WHEREAS, Arista Corporation has requested a rate increase and intends to seII the
company to Canada. As stated in Idaho Code 6l-328 (a), the Idaho Public Utilities
Commission shall not approve a transaction that is not consistent with the public
interest. Putting public information in the hands of a foreign country and risking national
security by selling to a foreign counfry is obviously not consistent with public interest. The
Idaho Fublic Utility Commission must examine the scope of this risk and liability;
WHERBAS,ldaho Code 61-328 (b) states that the cost and rates for supplying senice
will not be increased by reason of a sale. Avista Corp. has requested two substantial rate
increases along with requesting to sell to a foreign company.
Idaho Code 6l-328 - Elecfic Utilities - Sale of Property to Be Approved by
Commission
(3) Before authorizing the transaction, the public utilities commission shall
find;
(a) That the transaction is consistent with the public interegt;
(b) That the cost of and rates for supplying servic*e*.will qot be increased
bv reason of such transactionl
WHEREAS, as per Idaho Code 6l-302 Maintenance of adequate Service: Every
public utility shall furnish, provide and maintain such service, instrumentalities,
equipment and facitities 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;
WHEREAS, since it is apparent that some or all of the various fonns of harm caused by the
implementation of the so named "Smart Grid" and or its various components such as smart
meters, can be considered atort;
WHEREAS, it is a fundamental principle of law that nobody is above the law including,
but not limited to, all government actors. The UNITED STATES SLIPREME COURT has
made a ruling regarding public officials being held liable for actions done or failure to
perfiorm re4uired actions, in the case of MILLBROOK v. UNITED STATES ( ) 477 Fed.
Appx. 4.
THEREFORE I, Mary Baenen, the woman, living in Sandpoint Idaho, petition the
ldaho Public Utilities Commission to:
1. Immediately take action to protect the health and support the rights of the
residents of ldaho, including myself, to receive non-RF-EMR analog meters
and to refuse smart meters and other RF-EMR emitting meters due to health
concerns or privacy and securify concerns without fees or penalties as per Idaho
Code 61-302, based on the rating by the WHO (World Health Orgmization) rating
of a Class 2B carcinogen of RF-EMR (Radio Frequency- Electromagnetic
Radiation) and U.S. Constitution, Amendment IV;
2. Deny the rate increases requested by Avista Corporation, the CEO of Avista,
and the man, Scott Morris due to Idaho Code 6l-328 (a);
3. Deny the request of Avista Corporation, the CEO of Avista, and the man,
Scott Morris to sell to a foreign county, due to Idaho Code 61-328 O).
-rtu&:8eln&.r,.-
Mary Baehen Address Date
Date
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