20200814Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: DAYN HARDIE
DEPUTY ATTORNEY GENERAL

DATE: AUGUST 13, 2020

SUBJECT: IN THE MATTER OF THE FORMAL COMPLAINT OF MARK
PECCHENINO AGAINST IDAHO POWER COMPANY; CASE NO. IPC-
E-20-29.

On July 15, 2020, Mark Pecchenino (“Complainant”) filed a formal Complaint against
Idaho Power Company (“Company”) alleging the Company damaged his trees and property. The
Complainant also stated “the [Company’s] policies and Section 7 of [Idaho Public Utilities
Commission] No. 29. Tariff No. 101 are arbitrary, capricious and in violation of Idaho Statutes
and ordinances . . . in addition to violating the Complainant’s 14th Amendment of the US
Constitution and Article I—Declaration of Rights, Section’s 1,3 and 14 of the Constitution of The
State of Idaho.”
The Company requested 35 days to respond to the Complaint. Rule 57.02 of the
Commission’s Rules of Procedure (IDAPA 31.01.01.57.02) states “[a]nswers to complaints . . .
must be filed with the Commission and served on all parties of record within twenty-one (21) days
after service of the complaint . . . unless the Commission modifies the time within which answer
may be made.”
STAFF RECOMMENDATION
Staff recommends the Commission issue a Summons to the Company and modify the
response time by giving the Company 35 days to answer or otherwise respond to the Complaint
under Rule 57 (IDAPA 31.01.01.57). Staff also recommends the Commission give the
Complainant 21 days to reply to the Company’s response.

DECISION MEMORANDUM 2
COMMISSION DECISION
Does the Commission wish to issue a Summons to the Company, give the Company 35
days to answer or otherwise respond to the Complaint, and give the Complainant 21 days to reply
to the Company’s response?

______________________
Dayn Hardie
Deputy Attorney General

I:\Legal\ELECTRIC\IPC-E-20-29\Memos\IPCE2029_dec_dh.docx