20090810Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
PC
WORKING FILE
FROM: CHRIS HECHT
DATE: AUGUST 3, 2009
RE: FORMAL COMPLAINT OF EVERETT JAMESON
On June 24, 2009, the Commission received a "formal" complaint (attached) from
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Everett Jameson against Idaho Power Company. Mr. Jameson's formal complaint is against
Idaho Power Company and concerns the events leading to disconnection of his electric service at
• his residence on March 6, 2009. Mr. Jameson was unsatisfied with the outcome of the informal
• procedures to resolve his complaint and has filed this formal complaint.
BACKGROUND
Mr. Jameson called Idaho Power Company on January 5, 2009 to make a payment
arrangement that would allow him to pay $30 a month for January, February and March 2009 so
he could use the uncommitted funds to replace a failed water heater. The customer's offer of
$30.00 was not sufficient to enroll the customer in the Winter Payment Plan which would have
offered protection from disconnection through March.' Mr. Jameson's level pay would have
been about $113.00, so the monthly payment required to enroll in the winter payment plan would
have been $56.00.
The Winter Payment Plan allows customer to pay half of their monthly level pay amount for the months of
November through March. The level pay amount is one-twelfth of the customer's previous twelve months total bill
plus any arrearages.
DECISION MEMORANDUM - I -
Company records indicate that he was notified he was being placed on the cold weather
rule (winter moratorium) due to his age and poor health and he would need to make
arrangements prior to March 2009 for the remaining past due balance.2
Mr. Jameson made $30.00 payments on January 7, 2009, January 30, 2009, and March 1,
2009. The Company sent out a payment reminder notice on January 29, 2009, an initial
disconnection notice on February 24, 2009 and a final disconnection notice on February 29,
2009. The initial notice and the final notice had an action date of March 9, 2009 for the
disconnection. Idaho Power alleges that when an automated system call was placed to his home
on February 27, 2009 at 1:43 pm, the system detected a message device system and a message
was left. Mr. Jameson states he did not receive a call.
• The Company maintains Mr. Jameson did not respond to the disconnection notices and
service was disconnected on March JO. 2009 for the past due amount of $482.26. The customer
made a partial payment over the telephone following disconnection and the Company restored
• power the same day.
Mr. Jameson asserts that the meter specialist did not knock on his door prior to
disconnection and a notice was not left at his residence after disconnection, both of which are
required by Commission Rules. Therefore, he maintains that he was not given a final
opportunity to pay prior to disconnections. He also says that the stress and added worry of the
disconnection and the possibility of cold weather damage to his house following disconnection
have aggravated existing medical conditions. He states that he wants "to make sure it doesn't
happen again".
STAFF RECOMMENDATION
Mr. Jameson was not satisfied with the outcome of the informal complaint.
Consequently, he filed a formal complaint. See Rules 23, 25 and 54, IDAPA 31.01.01.023, .024
and .054. Staff recommends that the Commission issue a summons to Idaho Power Company
and direct the Company to file a response to the complaint.
2 The winter moratorium rule protects customers from disconnection from December through February regardless of
payment amount or whether any payment is made. Customers must contact the Company prior to March to make
further arrangements to pay the accumulated balance on the account. The moratorium protects residential customers
that have children, elderly, and infirm in the household.
DECISION MEMORANDUM -2-
COMMISSION DECISION
Does the Commission wish to accept Everett Jameson's formal complaint? Does the
Commission wish to issue a Summons?
CLU,(J
Chris Hecht
udmcmosljamcson formal complaint
DECISION MEMORANDUM -3-
Jun 24 09 10:47a Everett Jameson
State of Idaho Department of Public Utilities
Request for Opening Formal Complaint
Attn: Ms. Jean Jewell, Commission Secretary
P.1
(LwAJ:4 -c:4e
RECEVD
June0J4 24 AMi1: 00
IDAHO PUBLIC
W1LIT!ESCO1MJSSION
Dear Ms. Jewell,
I am requesting opening a formal complaint against Idaho Pcwer. .1 have been working
with Chris Hechs on this and Mr. Lobb, this morning, was great help to me about putting
it into writing.
I was forced into early retirement due to disabilities.! live on fixed income. The first
*eek of this January 2009, my water beater ruptured and had to be replaced. The job was
®$850, all ofwhich bad tobe adjusted from foture hill payments-because l had no other
cash. I called Idaho Power in Seattle and made arrangements to pay $301month for three
months, and in March, make new payment arrangements for The balance. I made the
agreed upon payments every month; Jan., Feb. and on Feb. 28, I macic the March
payment.
Idaho Power disconnected toy service on March 6, 2009 without a phone call or any
written notice of their intent to do so. Their service man was within 50 feet of my front
door to access my now box. He could have easily and safely come to my door and
advised me that my electricity would be disconnected. No dogs areallowed in the front
yard. I awoke to find the power off and assumed it was one ofthe frequent outages we
have here. I later called and was informed of my disconnection. [At no time during that
day did the temperature rise above freezing. having been 8 degrees that morning.]
I'm not a healthy person. I've had heart and other surgeries and am in constant,
permanent and unrelenting pain from other injuries.
•INW01ave someone take ixeat away [as int for my plumbing pipes under the
• house as well as my living quarters] was a tremendous psychological shock to roe. This
arrogant and insensitive act by Idaho Power caused physical reactions such as my heart
• going way out of time, nearly fainting at times and my blood sugar out of the normal
range as well as other symptoms; all of which put we in the hospital in Mc CalL
iwas able to get my power restored by giving Lizette from Idaho Power my checkbook
numbers and allowing her to take $241.60 from my account. I made payment
• arrangements to pay $150/month until all the balance was paid. I make the payments the
first of each month. Please note: A couple pars ago they improperly connected a
transformer in ray neighborhood and destroyed every appliance that was on line for me • and my neighbors. People lost refrigerators, computers, TVs and etc. I lost my TV. It
took Idaho Power over six months to pay me back for their er=l They took six months
to pay me so I could buy another TV; but they rushed real feat to disconnect my power, - even though I had until the rest oftlie month to make the ihture payment agreement with • them as per my verbal agreement in January.
V
Jun 2405 10:47a Everett Jameson p.2
• I'm filing this complaint in anger demanding justice from them. How many old people
• every year in this country [as in the United States] get their power turned offin winter
• and end up freezing to death? I was afraid I'd be one of those fatalities [statistics, if you
will]. When one gets my age; it doesn't take inuth adversity or trauma to cause tenible
results in our bodies, I'm finding. I have been severely affected and can back up my • claims with documentation from the hospital, my doctor,_J and my friends
• and family. I just want to make sure it doesn't happen again
•tfully andhonest nftted,
Everett A. Jameson
New Meadows, II) 83654