20070813Decision memo.pdf

DECISION MEMORANDUM
to:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
~C-5-0rt-l ~
FROM:DANIEL KLEIN
DATE:AUGUST 7, 2007
RE:FORMAL COMPLAINT OF PAM AND SCOTT BOWERS AGAINST
IDAHO POWER
On July 3 2007, the Commission received a "formal" complaint (Attachment 1) from
Pam and Scott Bowers against Idaho Power. On July 26 2007, the Bowers amplified their
complaint (Attachment 2). The Bowers would like to have new rules or laws enacted dealing
with shared transformers for business customers. The Bowers were unsatisfied with the outcome
of the informal procedures to resolve their complaint and have filed this formal complaint.
BACKGROUND
In December of 2004, Bowers Transportation obtained service from Idaho Power at
15941 Gunfire Rd. in Caldwell. The Bowers business is located in a thirteen-lot commercial
subdivision (Attachment 3). A 50 KW pad-mounted transformer was placed in a recorded utility
easement on the Bowers property to serve their lot. The Bowers were required to pay $1 461 for
the line extension costs above the terminal facility allowance. To serve the commercial
subdivision, Idaho Power plans to serve two adjoining lots from each transformer. If the two
adjoining lots have similar electrical needs, then Idaho Power serves both lots from the same
transformer. When the lot adjacent to the Bowers was ready to be served in December 2006
Idaho Power ran the new line extension from the transformer serving the Bowers to its new
customer, Terra-West Inc.
The Bowers complained that it was inequitable that they had to pay for a line extension to
obtain service and Terra-West did not. Neither the Bowers nor Terra- West were required to pay
DECISION MEMORANDUM - 1 -AUGUST 7, 2007
for the shared transformer because it is part of the allowance for overhead terminal facilities
applied to the Bowers' original line extension request. Terra-West was not required to pay any
money towards the shared facilities. On December 7, 2006, Pam Bowers called and filed an
informal complaint with the Commission. In response to the complaint, Idaho Power stated that
it had followed its tariff, and there was no basis for the Bowers and the neighbor to each have
their own transformer.
STAFF RECOMMENDATION
The Bowers are not satisfied with the outcome of the informal complaint. Consequently,
they have filed a formal complaint. See Rules 23 , 25 and 54, IDAP A 31.01.01.023
, .
024 and
054. In essence, the Bowers are asking that the Commission reexamine Idaho Power s line
extension tariff, and Staff may wish to file comments at a later date. Staff recommends that the
Commission open a case and process it under modified procedure.
COMMISSION DECISION
Does the Commission wish to accept the Bowers' formal complaint? Does the
Commission wish to issue a Summons or proceed under Modified Procedure?
~ /;K2:
Daniel Klein
DK:udmemos/formal complaint bowers
DECISION MEMORANDUM - 2-AUGUST 7, 2007
07/03/2007 10: 58 2082859845 BOI,.JERS PAGE Bl
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DOCUMENT
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TOTAL PAGES, INCLUDES TIllS PAGE T1.D D
SENT BY: APTO mc-
PRMLEDGED &. CONFIDENTIAL COMMUNICATION
This fax & documeol(s) attached hereto, may contain confidential &: or legal privileged infonnstion. Theinformation is intended "ONLY" fur the use by the recipient named above.
PLEASE ADVISE 208-286-9909 OF ANY DEFrCIENCY WITH THIS lNFORMATION- IF YOU HAVE
RECEJVED TIllS TNFORMA TJON-COMMUNICA TION TN ERROR. PLEASE NOTIFY US-SENDERIMMEDJA TEL Y BY PHONE AND SHRED TIlE MIS-DIRECTED FAX JNFORMA TION. AJ'Iydisclosure, copying distribution or use of the contents of in fonnation received in error is strictly prohiPited.
Pamela A. Bowers
ORIGINAL DQCUMENTS WILL:
FOLLOW BY CERTIFITED MAll. #
0 FOLLOW.BY REGULAR MAIL
FOLLOW BY EXPRESS MAIL
FAXED ~f13
0 -
:::------ui11essReq11f;Sted
DATE 7/ 3 / u7
A.M. ..Scott" & Pamela A. Bowers
BOWERS TRANSPO~T
9559 W. Hills Gate Dr,
StID-., ID, 83669-5300
hapwin25~msn,com spdvwing(w.msri.comPHONE 208-286-9909
(FAX) WILL NOT BE MAILED...
f AX 208-286-9846
Attachment 1
Page 1 of 2
",,67 10: 58 28828E,984E,BOl..)ERS PAGE 82
7/3 07 I~WE NEED HELP TO GET SOME RULES AND LAWS PASSED TO PREVENT THIS KIND
OF A8USE.
We purchased a CommerdaJ Jot in Caldwell we were told and did pay for and install poWer to ourlot as did everyone In our commercial subdivision.
Except for one-our neighbor that works for Idaho Power, installs under-ground utilities. He builtand While we were gone broke and entered into our property..cut the lock. Hooked up to theequipment we paid for. He now has our-the service for FREE!!!
- Idaho Power claims this is their easement so they can and have done what they - - - - wellwanted. They have protected and backed this neighbor at our expense.
A law Or rules need to b~ passed to prevent this kind of abuse in the future.
1. Sharing of equipment should be fair and equal...each party pays the same amount2. Sharing the equipment should be installed on the lot line, equally, 50-50 not on anotherproperty and lines run under fences Into the other lot owners property...creating rights for thatneighbor to trespass and creating a prescriptive easement against our property, clouding our title!
3. Breaking and entering should be iIIegaL.NOtice should be given... a phone cedi, a letter writtennotice of some kind for the taking of another's property, or use of it.4. Since it is legal, by declaring a utility easement, a written agreement should be required
between the parties espeCIally In our case where nothing Is SO-SO...not even do we have equaluse of the power. We have maybe 200 amps he has 600+ amps. We have to pay for more amps
if we want more power, he got his for free!
New rules need to be put in place, laws need to be in place to protect lot owners like us in thefuture.
We can t find out WHY Idaho Power is doing this and especially towards us only us!
Thanks Pam 286-9909
Fax [phone]
:';:!!J\Ning~:!~:)lil::i1.
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Attachment 1
Page 2 of 2
07/26/2067 10: 39 26:32859:345 BOWEriS PAGE 01
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PRIVILEDGED & CONFIDENTIAL COMMUNICATION
This tax & documcn1(s) 3Itached hereto. may contain tlQDfidenti.!l & Of" legal privileged infoIIDarion, Theinformation is Urtended "ONt Y" for the use by the ~jent named 3OOVC.PLEASE ADVISE 20~286-9909 OF ANY DEFICIENCY WITH THIS INFORMATION. IF YOU HA
RECEIVED THJ:S lNFOnIA TION-GOMMUNlCA nON IN ERROR, PLEASE NOTIFY US-SENDERIMMEDIATELY BY PHONE AND SHRED THE MIS-DIRECTED FAX INPORMA TIaN.
Anydisclosure, copying disIn"butioi1 or use afUte contents ofinfurmation received in error is strictly prohibited.
Pamela A. Bo\Vel:S - ORIGINAL DOCUMENTS wn..L~
A~"U
FOLLOW BY CERTIFITED MAIL #
FOLLOW BY REGULAR MAIL
FOLLOW BY EXPRESS MAIL
(fAX) WILL NOT BE MAILED...L----
- .
-tf1'lleSs Requested By:
-=---- ---
DATE
APTO.In~
A.M. ""Scott" & Pmnela A. Bowers
9559 W. Hills Gate Dr.
Star, ID. 83669-5300
hapwinQ;sCIV.msn.com sDdvwing(Zi).msn.comPHONE 208-286-9909 FAX [phone]
Attachment 2
Page 1 of 4
""-"---- .-----
07/25/20(17 16: 3'268286'3845 BO\"PAGE 02
Pam & Scott Bowers
9559 W. "Hi115 Gate Dr,
Star~ ID. 83669-5300
Phone [phone]
Fa.'t 208-286-9846
7/16/07
To Whom It May Concern:
Regarding: We are asking for HELP.
ptease respond, help or give your opinion. We need to get some rules and laws passed to prevent
this type of abuse...
We purchased a. commercial lot in Caldwel1, Tdaho. We were told required and did pay for and
install power to Olir lot, as did each lot owner in this commercial subdivision.
Problem: Excent for our ncmhbor.he works for and installs under ground utilities for TdahoPower. He built a shop and while we were gone he ,instructed his employee to open our locked
gate. He cut the chain; they broke in and illegally entered our property. He hooked up to our-thepower service box, the equipment we paid for, that is on our property. The neighbor DOW has our-the service for FREE !!! Idaho. pOWer claims this is their easement SO they have the right to gjvethis neighbor the right to trespass and to give him service foi free, they can do as they --- wellwant! II They have and continue to back and protect this neighbor, at our expense.
New rules and upd~d Jaws need to be in place to protect others and to correct this injustice done
to us. Our opinion, the neighbor has no right to use and access our property! Blessinger used his
position and Idaho Power used their power and have claimed a phony easement right to give him
our-the service that we paid far. We an;: retaining the right to SUe all parties .involved:now and inthe future. Neither party, no. one connected or involved and or their representatives etc... they
cannot claim a prescriptive casement right to use our property now Or in the future.
If it is truc and laws are in place, that we are required to share this service... New roles and lawsneed to be put into place so that it is fair for all parties.
1. The equipment shalt be instal.1ed On the property line equal1y, not on one property ownersland and lines fW1 under the fence and onto the other property owner
s lot-land.2. No prescriptive easements or clouding a title on just one of the two lot owner s propertycan be given by Idaho Power.
3. The taking af another person s property should be illegal.
4. Each party receives the same amount ofpower-amps-5. Notice shall be given to both-each lot owner, prior to ,instalting equipment. Either inwriting, phone calls etc... Breaking and entering should be illegal.6. A written agreement should be required for both parties and with Idaho Power. SpeJIingout what is expected of and from each and aU partics etc... Making ooch Jot owner equal1yresponsible for payment and or damages etc
...
Attachment 2
Page 2 of 4
07/25/21307 10: 2082859845 BiJlAIERS PAGE 133
We would appreciate an answer as to WHY are WE the ONLY lot owner required to s~are
SERV1CE?
WHY are WE the ONLY party required to pay for the equipment and installation etc..
. ?
WHY does Idaho Power have th~ authority or right to give a nejghbor the use of our land, the
right to trespass.., eve:t) if it is a legal easement for Idaho Power?
When, Mr, Blessinger, torched our gate aJ:1d took his crew onto OUr pro?erty, we feel just as
violated as we would had he done a bome in'V~ion 9t our home. Our comm~rcial yard is QUjoffice and work place.
Men 1 went to Mr. Blessinger and pcrsonaHy to ask him to remove his line off my property an
argument ensued and he had a religious slur leaving me to believe this is religious discrimination.
It is impossible to understand this situation, why Idaho power and Blessinger have done this to us
why we are the only lot owner in this commerc1al park-mbdivision that is required to share and
only at "our expense
As for hiring an attorney we have been ripped off, paid money and no one wi1l take the case.
They admit it is a crime "but.,. " There is not enough money in it for them aod it would cost us
$7,000.00 up to defend this. We were told you don t have enough money to fight them. So, we
need to make changes with the rules and in the laws instead!
Idaho Power company has the control-power and hundreds of attorneys paid for by the public-us~to do as they --weJJ want I!I Their own words! They can do as they -well want and can createan easement if one is not in placc~ we do not have a choice or any rights with regard to this. I still
question that! The Idaho Power reps; Steve Brown, Gary Neal and Me Thee are ju.on a fewinvolved with this matter. They have given the neighbor the use of our land, clouded our title
trespassed ilIegatly, lied to U$ and committed fraud, in our opinion,
The PUC is backing Idaho Power and helping to protect Blessinger, in our opinion, why we
cannot understand!
The lying and the cover-up constantly going on in Washington, D.C- seems to be becoming the
order of conduct within our justice system right here in what I would call rural Treasure Valley.
Rural peop~c use to have princ1ples, honest)' and respect for other peoples rights and their
constitutional rights. Our Justice system has turned their backs On the basjcs. IS OUR. QUALITYOF LIFE IN THIS MUCH TROUBLE?
I Wat:lt to go before the legislature, speak about this problem, correct it, and stop thi!:! abuse. Stopthe taking of a persons land and their use of their own laud. Stop the large Corporations extreme
powcr...Keep them ITom taking a land-lot owners rights, stop them from giving your property to
another when they --well want to!
Please HELP and respond immediately with any suggestions etc..,
S-
fa IIA- 0W v.I---
Pam & Scott Bow~
Attachment 2
Page 3 of 4
07/25/2007 10: 39 2~::)828E,9845 BOWERS PAGE 04
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SENT BY: APTO INC.
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PRIVILEDGED & CONFIDENTIAL COMMUNICA nONThis fiIx & docmnent(s) attached hereto. may contain confidential & or legal priVJleged information. Themformation is intended "ONL Y'" for the use by the n:cipient named aboVt:.
PLEASE ADVISE 208-286-9909 OF ANY DEFICIENCY WITH THIS INFORMATION. IF YOU HAVE
RECEIVED THIS TNFORMA TION-COMMUNICATION IN ERROR, PLEASE NOTIFY US-SENDER1MMEDJA TEL Y BY PHONE AND SHRED TIlE MIS-DIRECTED FAX INFORMA TION- Any
disclosure; copying distn'b.mon or use: oftbe contents of mtOnnation received in error is strictly prohibited.
Pamela A, Bowers
ORIGINAL DOCUMENTS WILL:
FOLLOW BY CERTIFITED MAIL #
FOLLOW BY REGULAR MAIL
FOLLOW BY EXPRESS MAIL
FAXED :d!
DATE 77 ! 07
(FAX) WILL NOT BE MAILED..
Unless Requested By:
A.M. "Scott" & Pamela A. Bowers
BOWERS TRANSPORT
9559 W. HilJs Gate Dr.
Star. ID. 83669-5300
hapwin2s(?)msn.corn m..dvwinglWrnsh.comPHONE 208-286-9909 FAX [phone]
Attachment 2
Page 4 of 4
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