HomeMy WebLinkAbout20171117Baenen Summons.pdfldaho Public tftilities Commission CIerur
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November 17,2017
Via Certified Mail
David J. Meyer
Vice President and Chief Counsel
Avista Corporation
P.O.Box3727
l41l East Mission Avenue
Spokane, Washingto n 99220 -37 27
Re: Case No. AVU-E-l7-ll
Dear Mr. Meyer:
Enclosed please find a Summons and Complaint issued against Avista Corporation in
Case No. AVU-E-17-l l. As directed in the Summons, you are to file a written answer or
motion in defense of said Complaint with this Commission within 2l days of the service
date of the Summons.
Ms. Baenen's complaints regarding Avista Corporation's proposed rate increase
addressed in the general rate case (Case Nos. AVU-E-17-01; AW-G-I7-01), and issues
relating to the pending merger with Hydro One (Case Nos. AVU-E-17-09; AVU-G-I7-
03) should be addressed in those cases respectively. The Company should direct its
response in this docket to the allegations relating to radio frequency meters and related
health and privacy issues.
Diane M. Hanian
Commission Secretary
Enclosure(s)
I:\Legal\LORDERS\ELECTRIC ORDERS\CornplaintsrAVUEl 7 I l-Cvrltr.doc
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
MARY BAENEN,
COMPLAINANT,SUMMONS
vs.
CASE NO. AVU.E,-I7-II
AVISTA CORPORATION.
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 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 ldaho Public Utilities Commission may take such action against you as is prayed
for in the Complaint or as it deems appropriate under Title 6l of the ldaho Code.
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/frWITNESS my hand and the seal of the Idaho Public Utilities Commission this
day of November 2017.
Diane M. Hanian
Commission Secretary
(sEAL)
SUMMONS I
I:V:gal\LORDERS\ELECTRIC ORDERS\Complaints\AVUEI ? I t-Sumons-bk.doc
URGENT PETITION
Oct 6th, 2017
Pefition 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, Iiving in Sandpoint Idaho
This Petition is considered Urgent and
atimely action and response
from Idaho Public Utilities Commissioners is requested
due to
the request ofAvista 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 Rapg and
Commissioner Eric Anderson of the ldaho Public Utilities Commission
Concerning Smart Meters, Avista Corporation, Scott L. Morris, the man, and CEO of
Avista Corploration by Mary Baenen, the woman, living in Sandpoint Idaho Oct 6e, 2017
WHEREAS,I met with representatives of the Idaho Public Utilities Commission at meeting
on August 3l't'2017 in Coeur d'Alene,Idatro,I am aware of the actions and intentions of
Utilrty 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 [V:
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 place to be searched, audthe 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-ENm. (Radio Frequency-
Electomagnetic Radiation), ufrich is rated by the WHO (World Health Organization) as a
Class 28 carcinogeo.
I consider the implementation of the so named *Smart Grid" and or some of its components,
including but not limited to "Smrt Meters" and or "advanced meters" to in fact cause harm
of various kinds. I have asked Scott L. Morris, the CEO of Avista, to replace the digital BJ-
EMR emitting meter on my home with a non-EMR emitting analog meter. He refuses to do
so. As per ldaho Code 61-302, Avista shall provide me with equipment that shall
promote safety, health, comfort and conveniencel
WHBREAS, Arista Corporation has requested a rate increase and intends to sell the
company to Canada. As stated in Idaho Code 6l-328 (a), the ldaho Public Utiffties
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 country is obviously not consistent with public interest. The
Idaho Public Utility Commission must examine the scope of this risk and liabiliff;
WHEREAS, ldaho Code 6t-328 (b) states that the cost and rates for supp$ing service
will not be increased by reason of a sale. Avista Corp.has requested trvo substantial rate
increases along with requesting to sell to a foreign company.
Idaho Code 6l-328 - Electic Utilities - Sale of Property to Be Approved by
Commission
(3) Before authorizing the transaction, the public utilities commission shall
find:
(a) That the transrction is consistent with the public interest;
(b) That the cost of and rates for supplyingservice will not be increased
by reason of such transgction;
WIIEREAS, as per ldaho Code 6l-302 Maintenance of adequate Service: Every
public utility shall furnish, provide and maintain such service, instrumentalities,
equipment andfacilities as shall promote the safety, health, comfort and
convenience of its patrcns, 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 forms of hann 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 ftrndamental principle of law that nobody is above the law including,
but not limited to, all govemment actors. The UMTED STATES SUPRDME COURT has
made a ruling regarding public officials being held liable for actions done or failure to
perforrr required actions, in the case of MILLBROOKv. UNITED STATES ( ) 477 Fed.
Appx.4.
THER.EFORE I, Mary Baenen, the woman,living in Sandpoint Idaho, petition the
Idaho Public Utilities Commission to:
l. 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 Idatro
Code 6l-302, based on the ratingby the WHO (World Health Arganization) rating
of a Class 28 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 Idatro 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 counuy, due to Idaho Code 61-328 (b).
-1 10221 Baldy Mtn. Road. Sandpoint Idaho
Address
Date
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lo- c6 - 11
DateMary
Witnessed bv'&;;: /'.:-i.J-.-