20210804Final_Order_No_35124.pdf

ORDER NO. 35124 1

Office of the Secretary
Service Date
August 4, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On June 14, 2021, Karen Erickson filed1 a two-page petition with the Commission in
which she made two requests. First, Ms. Erickson asked the Commission to require public utilities
to comply with the federal Americans with Disabilities Act (“ADA”) and provide disabled persons
equal access to utility services. Second, Ms. Erickson asked the Commission to comply with the
accessibility requirements of the ADA. For background, the Petition directs the Commission to
review Ms. Erickson’s informal complaints with the Commission’s consumer division.
FINDINGS
Having reviewed the Petition and Ms. Erickson’s 2021 informal complaints, we
dismiss the Petition without prejudice pursuant to procedural Rule 65. IDAPA 31.01.01.065. While
dismissals under procedural Rule 65 are usually done without issuance of an order, we issue this
order today because Ms. Erickson’s Petition is somewhat unique in the history of this Commission:
it asks us to enforce the ADA on public utilities. The Commission lacks statutory authority to
enforce the ADA and is ill-suited for such a role.
We decline to enforce ADA-based claims against public utilities because we lack the
statutory authority to do so. As earlier noted, Ms. Erickson’s Petition makes two requests: 1) that
the Commission require public utilities to comply with the ADA and provide disabled persons
equal access to utility services, and 2) that the Commission comply with the accessibility
requirements of the ADA. While Ms. Erickson states her first request as a general request, her
Petition and communications with Commission Staff have alleged ADA violations by two specific
Commission-regulated public utilities2, and the alleged violations have been against Ms. Erickson

1 Ms. Erickson’s document was handed to Commission Staff during a June 14, 2021, meeting. Ms. Erickson asked
that Staff file the document with the Commission as a petition.
2 In her 2021 informal complaints, Ms. Erickson accused only one Commission-regulated public utility (Idaho Power
Company) of violating the ADA. In the Petition, Ms. Erickson also accuses Intermountain Gas Company of failing to
comply with the ADA. As earlier noted, however, the Petition does not explain the facts around the alleged ADA
violation, and does not cite the particular provisions of the ADA violated.
IN THE MATTER OF KAREN ERICKSON’S
PETITION THAT THE IDAHO PUBLIC
UTILITIES COMMISSION REQUIRE
PUBLIC UTILITIES TO COMPLY WITH
THE AMERICANS WITH DISABILITIES
ACT
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CASE NO. IPC-E-21-22

ORDER NO. 35124
ORDER NO. 35124 2

alone. The ADA and supporting federal regulations are clear: the Commission is not the
appropriate government entity to investigate an alleged ADA violation. An individual who
believes it has been subjected to discrimination because of disability may file a civil action. 42
U.S.C. § 12133 (enforcement against a public entity); 42 U.S.C. § 12188 (enforcement against a
private entity). Additionally, the U.S. Attorney General has broad investigative authority under the
ADA. 42 U.S.C. §§ 12117 and 12188. When an individual believes it has been subjected to
discrimination because of disability by a public entity, federal regulations provide an
administrative process. 28 C.F.R. § 35.190. Therefore, the ADA clearly describes by what means
ADA-based claims may be made. This Commission has not been delegated the authority to process
such a claim.
Additionally, Ms. Erickson’s Petition does not comply with the form and content
requirements for petitions. Under procedural Rule 53 (IDAPA 31.01.01.053), petitions must
“[f]ully state the facts upon which they are based” and “[r]efer to the particular provisions of
statute, rule, order or other controlling law upon which [the petitions] are based.” Ms. Erickson
asserted in the Petition that “Idaho Utilities at present fail [to] comply with Federal ADA
requirements protecting equal access to public utilities.” Ms. Erickson also asserted that “[l]ack of
ADA compliance by Public Utilities has created a significant barrier to community integration for
me over a 9 year period.” Ms. Erickson concluded that, “This extreme length of time is the result
of the lack of an accessible complaint process by both Public Utilities and the [Commission]
neither of which provide accessible information regarding a complaint process or an effective
ADA grievance process, as required by Federal ADA Regulation, to accommodate the access and
communication needs of disabled Idaho Residents.” The Petition, then, is an unsupported assertion
that Idaho public utilities and the Commission are not compliant with the ADA. The facts upon
which Ms. Erickson’s Petition is based are not fully stated. Likewise, Ms. Erickson’s Petition
refers to the ADA and “ADA Regulation,” but the Petition does not refer to any particular
provisions of statute or rule upon which the Petition is based. On the Petition’s failure to comply
with procedural Rule 53 alone, we may dismiss this Petition without prejudice under procedural
Rule 65.
Regarding the Petition’s second request— that the Commission comply with the
accessibility requirements of the ADA—Ms. Erickson fails to provide the facts upon which this
request is based and fails to refer to any particular provisions of statute and regulation upon which
ORDER NO. 35124 3

her request is based. Indeed, Ms. Erickson’s 2021 informal complaints show Staff went to great
lengths to try to reach Ms. Erickson so that Staff could determine what reasonable accommodation
she needed. In its July 9, 2021, decision memorandum, Staff asserted it would “continue to work
with Ms. Erickson to determine what reasonable accommodations she requires to participate in
and enjoy the services, programs, or activities” of the Commission.
So far as this Commission is aware, it has complied with the ADA. Nothing in the
Petition or Ms. Erickson’s informal complaints shed light on an identifiable ADA violation by this
Commission. We take compliance with the ADA very seriously, but Ms. Erickson has failed to
state the facts and specific statutory authority supporting her allegation.
For these reasons, Ms. Erickson’s Petition is defective and insufficient under
procedural Rule 65. We dismiss the Petition without prejudice.
O R D E R
IT IS HEREBY ORDERED that Ms. Erickson’s Petition is dismissed without
prejudice pursuant to procedural Rule 65. IDAPA 31.01.01.065
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code § 61-626.
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ORDER NO. 35124 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 4th day
of August 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-21-22 Erickson Petition\Orders\IPCE2122_final_jh.docx