20120413Davis Appeal.pdf

April 12, 2012
Jean Jewell, Secretary
Idaho Public Utilities Commission
P0 Box 83720
Boise, Idaho 83720-0074
FAX: [phone]
RECEIVED
2012 APR 13 AM It: L2
IDAHO PUBLiC
UTILITIES COMMISSION
VIA: HAND DELIVERY
RE: Case No. IPC-E-12-04
Vicky Davis, Complainants, vs. Idaho Power Co., Respondent
Dear Ms. Jewell:
Enclosed for filing are an original and seven (7) copies of Vicky Davis' Appeal to Final Order
32500 in the above case.
Sincerely,
Vicky . Davis,
Complainant
Vicky Davis, Complainant
RECE WED
Case No. IPC-E-12-04
V12 APR 13 AM if: 45
DAHO Pth3L.0 UTILITIES CDMM1I
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
) VICKY DAVIS,
) Case No. IPC-E-12-04
) Complainant,
) Appeal of IPUC Final
) Order 32500
) vs.
)
) IDAHO POWER COMPANY,
) Respondent.
Complainant, Vicky Davis comes now before the Idaho Public Utilities Commission
to appeal Order 32500 dismissing her complaint on the forced installation of the
Advanced Metering Infrastructure (AMI) device commonly called a Smart Meter.
Complainant requests the commission to separate her complaint from the Menth
complaint and to open a new case for her complaint to be considered individually
on the issues presented.
The Complainant's original complaint was a letter to the Commission dated
January 2, 2012. Mrs. Bonnie Menth filed a separate complaint on what initially
appeared to be similar grounds around the same time. The STAFF Decision Memo
dated January 18, 2012 recommended that a case be opened and that the
Complaints be combined.
STATUATORY OBLIGATIONS
The Statutory authorities for the Commission are established in Code Titles 61
and 62. Before entering the duties of his office, Commissioners are required
"take and subscribe to an oath to the effect that he will support the
APPEAL-1
Constitution of the United States and the state of Idaho, and faithfully and
impartially discharge the duties of his office as required by law" (Idaho
Statute 61-207).
COMPLAINANT'S POSITION
It is the Complainant's position that it was an error for the Commission to
combine the complaints of Mrs. Menth and Ms. Davis. With no attempt to
diminish the arguments of the Menth Complaint, the basis for her complaint was
substantially different from the basis of Complainant's complaint. Complainant's
complaint called forth constitutional issues regarding the lawfulness of forced
installation of a device that contains an open two-way communications system
attaching her home to a network of devices the sum total of which are intended
to manage and control the electric grid including all devices attached to the
network. The network is called the Smart Grid and the objective is Demand Side
Management (DSM). All consumers of electricity are on the demand side.
For residential service, Idaho Power installed the Landis+Gyr Focus meter with the
ESCO Aclara TWACS two-way communications modules. The TWACS modules
purchased from Aclara were shipped to Landis+Gyr for pre-shipping installation so
that the meters could arrive ready to install. The residential meters were
shipped directly to Tru-Check, the contractor selected to install the meters. For
commercial installations, Idaho Power purchased GE meters with the Aclara
TWACS two-way communications modules. (IPC-E-08-16, Heinzelman Direct,
August 4, 2008.)
The Landis Meter with the TWACS communications component is an Advanced
Metering Infrastructure (AMI) device commonly called a Smart Meter. The Smart
meter provides the open door gateway to the devices in the Complainant's home
via the wiring in the home. Regardless of current configuration of the meter,
the option to add additional functionality for demand side management of
devices is at the option of Idaho Power and the Idaho Public Utilities Commission
with no input or permission by the Complainant.
Once the Smart Meter is installed, the additional functionality does not require
replacement of the meter or even physical access to the meter. There are no
communications firewalls on the electric circuits and devices in Complainant's
APPEAL-2
home; hence there is no way to block electronic intrusion and/or invasion of
privacy by Idaho Power or other unspecified third parties.
The AMI devices and systems constitute a highly complex, technical system
comprised of many components of different types and scaled capabilities
consistent with the current stage (phase) of implementation. Despite Idaho
Power's denials, the objective of the entire Smart Grid project is end-point
management of electric consumption. That objective is clear in the volumes of
information published on government websites, vendor websites, the websites of
industry organizations, special interest groups and even in IPUC and Idaho Power
communications published on the IPUC website. The installation of the
mechanisms of control is progressive for the obvious reasons of size, cost and
complexity of the endeavor.
The AMI Smart Meter is a net metering device meaning that it records electricity
inputs to the grid as well as consumption of electricity from the grid. Regardless
of whether or not a residential customer is producing electricity input to the grid,
the presence of a net metering device on the home of a residential customer
could allow their property to be defined as being engaged in interstate commerce
in electricity through systemic connection to the network, thereby allowing
homes to fall improperly under the regulatory jurisdiction of the Idaho Public
Utilities Commission.
In several places in Order 28722, issued May 1, 2001, the STAFF of the IPUC
communicated the desire to regulate electric consumption by residential
consumers through increased pricing for the environmental goal of
"conservation". This, combined with the order for Idaho Power to produce a
"comprehensive demand-side management program", is evidence of the IPUC's
desire to draw residential electric consumers into their regulatory purview.
Idaho Power is an investor owned, electric utility that falls under the regulatory
jurisdiction of the Idaho Public Utilities Commission (IPUC). The IPUC's order to
Idaho Power to execute a program of mandatory installation of the AMI Smart
Meter device with the open two-way communications capability was regulatory
overreach that not only violated the sanctity and dominion over the
Complainant's home and caused alienation of affection between Idaho Power and
the Complainant, it also constituted an attempt to draw residential electric
APPEAL-3
customers into the interstate stream of commerce thereby including them in the
regulatory framework and jurisdiction of the IPUC by means of systemic
connection to the electric utility grid.
Complainant's case should not be dismissed by the Commission due to
Complainant's lack of familiarity with the regulatory venue. The fact that one of
the Complainant's requests for relief in Complainant's Response to Idaho Power's
Answer to Summons falls outside the Commission's scope of authority does not
relieve the Commission of the obligation to address the points presented for
argument and requests for other forms of relief sought. Complainant has
brought serious and significant issues to the attention of the Commission and the
Commission has a statutory obligation ensconced in their oath of office to address
them.
Dated at Twin Falls, Idaho this 12th day of April 2012.
Vicky lZDavis
Complainant, Case IPC-E-12-04
APPEAL-4