20091120Decision Memo.pdf

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DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKNG FILE
FROM:NANCY HYTON
DATE:SEPTEMBER 10, 2009
FORMAL COMPLAINT OF ROBERT BRUNO dba BRUNOBUILT
HOMES
RE:
On September 3, 2009, the Commission received a "formal" complaint (Attachment A)
from Robert Bruo dba Bruobuilt Homes against Idao Power Company. The cusomer is
disputing a retu trip charge of $50. The Company's Rule H provides for an Underground
Service Retu Trip Charge when crews are unable to install service initially and must retu to
the site to complete instalation (Attachment B). Idaho Power assessed the chage because it had
to retu to insll electrical service at a home being built by Mr. Bruo at 10112 Whitecrest in
Star, Idaho. Robert Bruo was unatisfied with the outcome of the informal procedures to
resolve his complait and ha filed this form complaint.
BACKGROUND
Mr. Bruo's original informal complaint was opened on July 2, 2009. He was upset that
Idaho Power had charged him a $50 retu trip charge. The Company's refused to install service
because the conduit in the ground wasn't perfectly vertical, was not close enough to the siding
and was not clamped to the siding. At the time, the house was still being paited, and Mr. Bruo
indicated that clamps are usually installed afer exterior paiting is finished.
Mr. Bruo claimed tht his building practices had never been questioned by Idao Power
in the past. He said it appeared to him that Idaho Power had put new rues in place since ths is
the first time he's ever been denied connection or assessed the retu trp charge. Mr. Bruo
doesn't believe the Company is consistent in enforcing its requirements and that he was not
notified when apparently new requirements were adopted by the Company.
DECISION MEMORANDUM - 1 -SEPTEMBER 10, 2009
A
~
Idaho Power provided a lin to the Company's website for a copy of the brochur that
outlines the requirements tht builder must now follow. The brochure (Attachment C) was
revised in 2008. Idao Power stted that a letter was sent to builders and developers tht belong
to the Building Contractors Association of Southwest Idao (BCA). The Company did not
provide Staf with a copy of this letter and could not verify that Mr. Bruo had received either
the letter or the revised brochure. The Company indicated that Mr. Bruno is curntly a member
of the BCA.
STAFF RECOMMENDATION
Robert Bruo_was not satisfied with the outcome of the informal complaint.
Consequently, he fied a formal complait. See Rules 23, 25 and 54, IDAPA 31.01.01.023, .024
and .054. Staf recommends tht the Commission issue a sumons to Idaho Power and direct
the Company to file a response to the complaint.
COMMISSION DECISION
Does the Commission wish to accept Rober Bruo's formal complait? Does the
Commission wish to issue a Sumons to Idao Power?
'-¿; ~ ~
Nancy / on
udmemosIobert Bruno Formal Complaiit dec memo
DECISION MEMORANDUM - 2-SEPTEMBER 10, 2009
ií BRUNOBilLT~8 . IiO\-lES
Re: Fonnal Complaint against Idaho Power
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September 03, 2009
Idaho Public Utilities Commission
Attn: Ms, Jean Jewell. Commission Secretary
PO Box. 83720
Boise. 10 83720-0074
Dear Ms. Jewell:
I would like to fonnally make a complaint aganst Idaho Power for the ~ssessment of a $50.00
return trip charge applied to my job at 10112 Whitecrcst in Star (Service Agreement No. 035015 i 331).
My complaint is that Idaho Power Company is incnnsistent in their application oftheil' rules and
guidelines for contractors and as a result allows contractors to become confused as to what they wil or
wil not allow in the field. As a result, my subcontractors had installed a run of conduit which wasn't
perfectly vertical or attached to the building expecting Idaho Power Company to install the meter and the
power regardless. It turns out that Idaho Power Company chose my particular job site to deny power to,
causing me to lose several days of scheduling and work. losing hundreds of dollars of income and then
without notification biled me $50 to go back and install thc meter and the power. I have attched a photo
of the meter and the conduit in its state when they refused to install the power to the hous an alS(
atuhed another photograph showing a reent job where they did install the power to the house. In the
seco photo the conduit was more vertical but clearly not attached to the building which is supposed to
be one oftbeir steadfast rules and one of the re-aS(ns they didn't install power to the job site this
complaint is about. Obvioiisly they can't decide when to entòrce their rules and in my mind they should
not be able to arbitraily charge a customer a fee whenever they damned well please.
I have photographs of several locations where the powe company has installed power to homes
with croked conduit or unattached conduit, showing that they pick and choos who they want to help
and who they want to hurt on any given day.
In addition, I haw attached a photo of their habit of littering our job site which their management ha
told me i cannot hold them responsible for without asking their pennission!
It is my opinion and the opinion of many a power company customer, both residential and commercial,
that this utility company has the attitude tht they don't care beause they don't have to.
I want the $50 charge abated along with any interest or penalty charges which they may have tried to
:l-¿ -- --.. -
Robert Bruno
BrunoBuilt, Inc.
ce. Bettr Business Bureau
BRUNOBUILT, INC.
947 E. Winding Crek
Eagle, Idáho 83616
Offee: 20$.938,2367
Faii: 2.6IU38.2.35
_,bn.uil;b~lItCQm
Attachment A
Robert
From: Smith, Matt (MSmith(§idahopoer.com)
Sent: Tuesday, Juiy 07, 2009 1 :41 PM
To: Robert
Cc: Joho&oo, Guy
Subjeet: RE: RE:
Dear M r _ Bruno, l origina lIy told you when t spook to you on Thursday July,2 that I would check into why it was
turned down. I did that and I was told the conduit was not against the siding and the clamp was iiot irl$talled to
secure the conduit. I shared this with you when we talked this morning and i did say 1 was told it was aprox 8"
away and you disputed that. I then said i would check again and I did. i responded back that the 8" was more of
a guess and that was from the foundation and not the siding and I apologized for that. i also e-malled you a
picture of the conduit and why it was turned down. i talked to your excavator and he said it was 3 Yi or 4 inches
from the siding but he agreed that that was too far. I also have talked to your electician to get his perspective
and he thought it was because the clamp was missing. We do want the clamp installed and we do sometimes
push wire before the clamp is installed but the main reasOl this was turned down was the distance from the
siding and we also stated th.t the damp was missing. He agreed that it should have been closer. You also stated
that the siding was stucco and that's why the clamp was not installed and why it was away from the siding, this
is not correct as the picture shows. i as 1 stated before I stand behind the work of my employees and jf we make
a mlsiake as we do on occasion ¡ will correct the ìssue and resolve the dispute. You also stated that we "always"
leave the wire ends and trash at your work site, If this does happen please contact me and we will resolve the
issue because we expect our employees to clean up their mess. I would encourage you to review the Reduced
charge Option for Underground Electrical Service at http://www.jø~h.Qp'Q.w.,eJ,-ÇQ.m
Matt W. Smith
Lines Leader, Capital Region
Idaho Power Company
[phone]
msmith~idahopower.com
Frm: Robert (mallt:Robert(gbrnobult.comJ
sent: Tuesday, July 07, 2009 11:02 AM
To: Smith, Matt
Subjec: RE:
For the record Mr Smith, you told me today that the conduit was 8 inches away frm th house and that is why
the por wan't pulled.
You also told me as a resulll wa biled a return trip chrge.
Your crews told me they wouldn't pull the power because the conduit wasn't clamped down to the house
Something that is a common practice. (Not having a clampe riser until trim out)
Get your stories straight
You won't make a good witness if you don't
Robert Bruno
BrunoBuilt~ Inc.
947 E Winding Creek Drive
Eagle, ID 836 i 6
938-2357
9/312009 Atthment A
Note:Please see original file for vie~able photos.
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Attchment A
From: smith, Matt (maiito:Msmith~ldopower.com)
sent: TuesaV, July 07, 20099:27 AM
To: Robert
SUbjec
Matt W. Smith
Lines Leader, Capita Region
Idaho Power Company
[phone]
msmih~idahopower.com
....._-
This trasmision mal' conULin informaiion tha IS pn\úeg.cnfidmial anor .".mp ûDm disilcur under applicable law. If )lOU are _ Ibe iido =tpiCll you
3fe hcr.ii i1Ølifild that an~' disck.'SlIt\, i:y ii,\. diso'ibutoo. 0;- IL~ ofthe ;lIrormaiio .:tiIltld bi"fein I ;ndudiae. ai~' rciall ilieooii is STRICTI, \'l"OHIRrTED
ll you n,,,,,,"" Ibis ."in..¡"";on in error, pi",,, immialely conlacl ii sender IId ~' the ma""" in lis en..ir. wher m elec or hin: copy IÒ
T..~l'l,...
9/3/2009 Atthment A
IPC-E-09-27
Note: Two pages of the complaint (Attachment A, Page 5 of 6 and
Attachment A, Page 6 of 6, were omitted because of poor copy
quality. Please see the original case file for better copies.
Idaho Power Company
I.P.U.C. No. 29, Tarif No. 101
First Revised Sheet No. H.10
Cancels
Original Sheet No. H-10
IDAHO PUBLIC UTILITIES COMMISSIONApproved Effective
May 30, 2008 June 1, 2008
Per O.N. 30558
Jean D. Jewell SecretaryRULE H
NEW SERVICE ATTACHMENTS
AND DISTRIBUTION LINE
INSTALLATIONS OR
ALTERATIONS
(Continued)
g. Temporary Service Return Trip Charge. If the conditions stated in Section 5.f. of
this rule are not satisfied prior to the Customets request for temporary service, a Temporary
Service Return Trip Charge of $35.00 will be assessed each time Company personnel are
dispatched to the job site, but are unable to connect the service. The charge will be biled after
the conditions have been satisfied and the connection has been made.
h. Unusual Conditions. Applicants, Additional Applicants, and subdividers wil pay
the Company the additional costs associated with any Unusual Conditions included in the Work
Order Cost related to the construction of a Line Installation or Relocation. This payment, or
portion thereof, wil be refunded to the extent that the Unusual Conditions are not encountered.
Unusual Conditions payments for Line Installations will also be refunded, under the provisions of
Section 6, if the Unusual Conditions are encountered.
.
In the event that the estimate of the Unusual Conditions included in the Work Order Cost
exceeds $10,000, the Applicant, Additional Applicant or subdivider may either pay for the Unusual
Conditions or may furnish an Irrevocable Letter of Credit drawn on a local bank or local branch offce
issued in the name of Idaho Power Company for the amount of the Unusual Conditions. Upon
completion of that portion of the project which included an Unusual Conditions estimate, Idaho Power
Company will bil the Applicant, Additional Applicant or subdivider for the amount of Unusual Conditions
encountered up to the amount established in the Irrevocable Letter of Credit. The Applicant, Additional
Applicant or subdivider will have 15 days from the issuance of the Unusual Conditions biling to make
payment. If the Applicant, Additional Applicant or subdivider fails to pay the Unusual Conditions bil
within 15 days, Idaho Power wil request payment from the bank.
i. Joint Trench. Applicants, Additional Applicants, and subdividers will pay the
Company for trench and backfil costs included in the work order prepared for an unshared
trench. In the event that the Company is able to defray any of the trench and backfil costs
included in the work order through the sharing of the trench with other utilties. the trench and
backfil cost savings wil be refunded.
j. Underground Service Return Trip Charge. When a residential Customer agrees
to supply the trench, backfill, conduit, and compaction for an underground service, an
Underground Service Return Trip Charge of $50.00 wil be assessed each time the Company's
installation crew is dispatched to the job site at the Customets request, but is unable to
complete the cable installation.
IDAHO
Issued Per IPUC Order No. 30558
Effective - June 1, 2008
Issued by IDAHO POWER COMPANY
John R. Gale, Vice President, Regulatory Affairs
1221 West Idaho Street, Boise, ID
Atthment B
~IDA~POR..Reduced Charge Option for
Underground Electrical Service
Revised June 2008M IOACOR P COmpan
Program Explanation
The Reduced Chge Option is available for new
1-0 underground eleccal servces and allows
the customer to instal the conduit for the servce
cable. When the intallation is complete,
inspected, and all requiements have been met
Idao Power will then install the cable and met
at a reduced charge.
Be sure to connect to the proper equipment.
Refer to the Defnitions section or conta Idaho
Power for clarfication.
Call Dig-Line for locations
at least 2 business days before digging.
Dial~811
Knowwhafs below.
Call bere you dig_Nationwide
Conformance
Each intallation is subject to review and
inspection at any time by Idaho Power for
conformce to these specifications.
If a non-conformce is discovered such as the
conduit lengt, route, depth, etc., or if you are not
ready when the installation crew arves, the
cable WIL NOT BE INSTALLED and you wi be
charged $50.00 for each ret trp. Afr the
non-compliance is corrected, conta Idao
Power to reschedule the installation.
~ Contact Idaho Power if:
_ . Ths is your first time using this program.
. Your servce exceeds any of the design
limts.
. A conduit stub caiot be found.
. You require servce from a pole.
Reduced Charge Option, DFE 071
Revised June 2008
Design Limitations
200 Amp. For self-contaned meter bases up
though 200 amps that meet the followig
limtatons, you do not need to conta Idaho
Power until you are ready for your servce to be
installed.
. Use 2" gray, ULlited, Schedule 40 PVC
Use 2" conduit, bends, and fittgs unless
Idao Power specifically tells you to use 3",
. 125' maxum servce length
Ths is the horizonta distace measured
along the serce route between Idaho
Power's equipment and the meter.
. Up to 1350 of conduit bends.
Don't inciude the beds at the meter or
Idao Power's equipment in the 1350 limt.
400 Amp. For lager self-contaed meter
bases up though 400 ams, you must contact
Idao Power for approval in advance to enure
a proper design.
. 3" conduit
All services to meter bases larger th 200
ams require 3" conduit, bends, and fittings.
Additional Requirements
Conduit bends. Ony
use gray colored
maufacted bends with
a radus of at leas 24".
Do not form your own
bends!
1ìench and Backfll
Backfill Material
No rocks larger than 2"
No trh or rubbish
Conduit
Page 1 of 5
Attchment C
Page 1 of5
Reduced Charge Option Revised June 2008
WARG!
Non-conformances may have to be
corrected at the builder's expense.
Important Information
DON'T heat the conduit in any way to shape it
or to form bends.
DON'T leave open trenches. Any open trench
must be adequately barcaded or protected to
ensure public safety as requied by local,
state, or federal rules and reguations. Keep
open trenches to a iinimum.
DON'T change conduit sizes in the ru.
DO compact the trench parcularly near the
meter where settling could pull the conduit
down and dage the meter base. Although
compactig the trench is the buider's
responsibility, the homeowner is responsible
for any futue setg,
DO make square conduit cuts. Remove burs
from the inide and outside edges.
DO glue conduit joints. All joints must be
completely seated and perently glued
with PVC cement.
DO keep dirt and debris out of the conduit.
DO keep proper trench separations. Keep a
12" horizontal and vertcal clearance between
the electcal conduit and all other utilities
and any strcts.
DO keep proper meter separations.
The electrc and
ga meters must
be separated as
shown.
~ID~PO.mlDJOCoIJ
Ownership and Maintenance
Idaho Power assumes ownership of the builder-
inaled conduit when the electcal serce
cable is insled. However, the builder is
responsible for the condition of the conduit and
trench lUtil the ownership of the home is
trsferred to the first buyer.
Afer the cable ha. been instled, Idaho Power
will own and matai:
. Al conduit and fittgs inalled below the
finhed grde.
. The entie lengt of electc cable and the
connectons at Idaho Power's equipment.
. The meter.
NOTE. Idaho Power wil connect the cable
to the meter base but the homeowner will
own and mainta the connections.
Afer the cable ha been intaled, the builder
or homeowner will own and mata:
. All conduit and fittngs intaled above the
fished grde.
. The trench and any landscaping.
. The meter base and its connections to the
electrc cable,
. All wirg and electcal coriectons on the
customer's side of the meter.
Meter Base Guidelines
Refer to the Meter Base Identifcation
Guidelines located on ww.idahopower.com
Meter Base Requirements
The meter base must accept 3" conduit if 3"
conduit is used for the serce.
The meter base and conduit must be on the
outside of an outside strcture wall and remn
accesible to Idaho Power.
Exceptions must be approved in advance!
Page2of5
Attachment C
Page 2 ofS
.
Reduced Charge Option Revised June 2008
Locate the meter on the side of the house towad
the front.
. Don't place the meter behind a fence.
. Don't put the meter at the back ofthe'house~
Don't put the meter here
NOTE. Pladng the meter in
front of the fence will keep the
meter reader out ot the back yard.
The center of the meter must be 5'-6" (+/- 6")
above the fished grade.
Meters intalled on a pedestal requi a minium
height of 3'-0".
WARNING!
Any conduit above
ground must meet
applicable electrical
code requirement.
Slip Coupling
Support
Bracket5'.6"
(+1-6")
Finished Grade !
Suggestion. Bloc out a
secton of the footing for
an easier installation.
~IDA~PO.Ñ11~'Cc'"
OK
Keep the riser
straight
Transformers
NOT PERMITTED
Don't form the PVC
conduit with heat or
add extra bends
Most trsformer have 2" or 3" conduit stubs
as shown below. Exose the end of the stub and
connect your new conduit. If the stub marker
canot be found, contact your Idaho Power
representative.
Don't dig under the transformer!
Street
Idaho Powets
Conduit Stub
Transformer
cr
Street
I. ConduitApprox. Stub5' -I Marker~
I i:
Idaho Powets Buildets
Conduit Stub Conduit
Page 30tS
Attachment C
Page 3 of5
.
",
Reduced Charge Option Revised June 2008
Handholes
Most handholes do not have conduit stubs.
. Plumb the conduit into the nearest comer of
the handhole using a 45° or 90° bend with the
end 2" above the handhole floor.
. Plug or cap the open end of the conduit to
keep out dir and debris,
If there is a conduit stub, expose the end and
connect your conduit to it.
Street--o
Street
t
30" min
l
Builder's
Conduit45" bend
Street Handhole
Builder's
Conduit
WARNING!
Call Dig-Line for locations
at least 2 business days before digging,~ Di~
\! 811
Know whets below.
Call before you dig.Nationwide
~1D-.PO.!llCCC"~
Contact Idao Power
if your servce involves a pole.
Special Requirements for Poles
You must meet with an Idao Power
representative prior to digging the trench to
determe:
1. If the pole is adequate for your service.
2. Whch side of the pole you must route the
conduit toward.
Trench al the way to the base of the pole.
If the pole becomes unstble, contact Idaho
Power imediately! When backfllig the
trench, leave 6' to 8' open adjacent to the pole.
Any open trench must be adequately barcaded
or protected for public safety.
Afer Idao Power connects the pole riser and
conduit, it is the builder's responsibilty to
backfll and compact any remanig trench.
Call Idaho Power to determine which
side of pole to route the conduit towrd
li\~
Leave 6' to 8' -i
of Open Trench
Barricade as Needed
l
30" min ¡ /36max / ..~'~
I, ¡
/¡ ¡ ! ( II/ J\ i l.
/1 ¡ i!/ A f . i !--18"-I/!l(ilA ¡ i
/Î ¡OJ:
/1 r' i il.../Q
Seal the End
ofthe Conduit
Page4of5
Attchment C
Page 4 ofS
.
Reduced Charge Option Revised June 2008
Important Idaho Cost Information
The cost inonntion below has bee exted from the "Rule H Line Intallation Tarffs". You may view
the taffs on http://idahopower.com/aboutuslreguJatoryinfo/triffPdf.asp?id=32&.pdf. Copies are avalable
by contacg Idao Power or the respectve Public Utilities Commssion.
Underground Services (400 amp max.)
The non-refudable charge for a new Schedule 1
or Schedule 7, ooderground 1-0 serce consists
of a Base Charge plus a Distace Chage. These
costs do not apply to servces with meter bases
larger th 400 ams.
Base Charge
From underground .....................................$40.00
From overhead (2" pole riser) .... .............. $395.00
From overhead (3" pole riser) .................. $520.00
Distance Charge
With 110 service cable...............................$2.15/f
With 4/0 service cable...............................$3.60/f
With 350 service cable..............................$4.65/f
NOTE. Use the following Distance Charges if Idaho
Power provides the trench and conduit:
Distance Charge (IPCo trench & conduit)
With 1/0 cable ...........................................$6.901f
With 4/0 cable ......,....................................$7.501f
With 350 cable ....... ............ .......... .... ......... $9.60/f
There may also be additional charges for unusual
trenching conditions.
Temporary Services
The non-refudable chage for installing a 1-0
tempora servce is:
From underground................................. $140.00
The customer-provided meter pole must be
securely set within 2' of the handhole or
padmounted transfrmer. .
From overhead ....................................... $120.00
The customer-provided meter pole must be
securely set in a location that wil allow the
temporary serice conductor to be attached to
the permanent meter location by merely
relocating it. A maximum of 100' of #2 Tx
conductor is allowed.
TEMPORARY SERVICE NOTES.
. Elecrical facilities provided by the customer
must be properly grounded, electrically and
stucturally safe, provide adequate clearances,
and ready for connection.
. The customer must obtain all permits required
by the applicable state, county, or municipal
governments before callng Idaho Power and
provide copies or verification, as required.
. The site must be inspected, if required.
. All conditions must be met before the service wil
be connected. (If any conditon is not met, the
servce will not be connected and the customer
will be biled $35.00 per trip each time Idaho
Power dispatches personnel to connect it.)
NOTE. These costs are subject to chage.
Cal Idao Power for curent pricing.
Contact Idaho Power for Oregon Cost Information
~'DA~PC.
Nt IOP i:,
Page50f5
Atthment C
Page 5 of5