20220503Answer - Redacted.pdf

sffi o
An DACOf,P Companv
-. F'.! !.i -'- i-.: rl''lULISA D. NORDSTROM
Lead Counsel
lnordstrom@ida hopowe r.com
May 3,2022
VIA ELECTRONIC FILING
Jan Noriyuki, Secretary
ldaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg 8,
Suite 201-A (83714)
PO Box 83720
Boise, ldaho 83720-W74
Case No. IPC-E-22-09
Karen Erickson v. ldaho Power Company
Dear Ms. Noriyuki
Enclosed for electronic filing please find ldaho Power Company's Answer in the
above mafter.
ln addition, attached is the Declaration of Dan Smith filed in support of theAnswer.
Word versions are also attached for the Reporter.
The confidentialAnswer and attachments will be provided under separate cover to
the parties who sign the Protective Agreement in this matter.
lf you have any questions about the attached documents, please do not hesitate
to contact me.
Very truly yours,
Re
X;!.(^t t,-*,
Lisa D. Nordstrom
LDN:sg
Enclosures
LISA D. NORDSTROM (lSB No. 5733)
ldaho Power Company
1221 West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: [phone]
lnordstrom @ idahopower. com
Attorney for ldaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Karen Erickson,
Complainant,
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Case No. IPC-E-22-09
IDAHO POWER COMPANY'S
ANSWERvs.
ldaho Power Company,
Respondent.
COMES NOW ldaho Power Company ("Respondent,' 'ldaho Power' or
'Company'), and pursuant to Procedural Rule 57, now answers the Summons of the
ldaho Public Utilities Commission ('Commission") dated March 29,2022, concerning the
formal Complaint ('Complaint") of Karen Erickson ("Complainanf or "Ms. Erickson").
ldaho Power requests the Commission deny the relief sought by the Complainant and
dismiss the complaint with prejudice.
IDAHO PO\A'ER COMPANY'S ANS\A'ER . 1
I. STATEMENT OF FAGTS & ACCOUNT HISTORY
1. On November 19, 2018, Ms. Erickson called the Company to request
electric service at 311 Almond St., Nampa, lD 83686 and for assistance registering for
MyAccount, the Company's then online account management platform ("lnitial Request
for Service").I lt was during this call that Ms. Erickson first notified the Company of her
purported visua! and auditory impairments and inability to use the phone or internet
without assistance. However, despite notiffing the Company of her claimed disabilities at
the time of her lnitial Request for Service, Ms. Erickson did not indicate that exploring
alternative communication channels, which may better suit her needs, was necessary or
desired.
2. Beginning early 2019 and through early 2021the Company had numerous
interactions with the Complainant, both in-person and via telephone, usually after her
service was disconnected for non-payment. As can be seen within confidential
Attachment 1 to this Answer, Ms. Erickson repeatedly failed to make timely payments
since her lnitial Request for Service2 and her service was ultimately disconnected on
severa! occasions after having been provided the notice required by the Commission's
I Although this was Ms. Erickson's initial request for service at this premises, the Complainant received
electric service at other locations within ldaho Powe/s service area between November 2009 and
January 2014. ldaho Power has no record of the Complainant notiffing the Company of her claimed
visual and auditory disabilities or making a request for assistive devices or services while receiving
electric service at these other locations.
2 The Complainant's payment delinquency existed long before her lnitial Request for Service. \Mrib
receiving service at a Boise premises between November 2009 and December 2012,the Complainant
failed to pay a past-due balance of I, which was eventually written off by the Company. Similarly,
while receiving service at a Meridian premises between May 2011 and January 2014, the Complainant
again failed to pay a past-due balance of I, which was again laterwritten off by the Company.
IDAHO POWER COMPANY'S ANS\A'ER .2
Utility Customer Relations Rules ("UCRRs") 3043 and 305.4 Only after such
disconnections occurred did Ms. Erickson seek to engage the Company, voice her
apparent grievances, and proceed to pay off her past-due balance, generally at a local
pay station or in cash while visiting the Company's Canyon Operations Center ('COC") in
Nampa or corporate headquarters in downtown Boise ("CHQ"). lt was during these post-
disconnection interactions that Ms. Erickson first made, and subsequently repeatedly
stated, her Americans with Disabilities Act ("ADA")5-related accusations against the
Company, all without making a specific request of the Company or proposing a solution.
3. The Company attempted to work with Ms. Erickson during these numerous
interactions and sought to implement different options which may allow for unhindered
access to our services and receipt of communications in a preferred format. The
Company's proposed solutions included: in-person visits, enrolling Ms. Erickson's
account in the Company's automatic monthly bill payment option, sending pashdue text
alerts to her and her adult son, implementing third-party notifications,6 and adding a power
of attorney to her account. Aside from enlisting her phone number to receive past-due
3 UCRR 304 requires a utility to send an Initial Notice of termination to a customer at least seven calendar
days before the utility's proposed date of termination. Additionally, while the utili$ may elect to mail a
written Final Notice at least three calendar days, excluding weekends or holidays, before the utility's
proposed date of termination, the utility must diligently attempt to contact, either in person or by
telephone, the customer whose service may be disconnected at least twenty-four hours in advance of the
proposed date of termination. IDAPA 31.21.01.304.
4 UCRR 305 specifies the content required within a utility's written or oral notice, pursuant to UCRR 304,
of its intent to terminate service. IDAPA 31.21.01.305.
s The Americans with Disabilities Act of 1990 makes it unlawfulto discriminate against a qualified
individualwith a disability in employment, state and local government services, public accommodations,
transportation, and telecommunications.
6 UCRR 307 requires each gas and electric utility to provide a program where, at the request of the
customer, the utility will notiff a third-party, in writing or orally, and as designated by the customer, of the
utility's intention to terminate service. IDAPA 31.21.01.307.
IDAHO POWER COMPANY'S ANSIA/ER - 3
Company having been previously unsuccessful in meeting with the Complainant at her
home, the Company sent the Complainant a letter via email, mail, and hand delivery,
provided as Attachment 3 to this Answer, emphasizing its commitment to exploring all
reasonable measures to ensure Ms. Erickson's access to our services. Following a third
complaint submitted by Ms. Erickson through iWebster on March 25,2021, the Company
sent a limited character, large font email, provided as Attachment 4 to this Answer, asking
that the Complainant contact the Company's Canyon West Regional Manager to discuss
a solution.
6. April 2021 Informal Complaint. On April 1,2021, the Company was notified
of Ms. Erickson having submitted an informal complaint to the Commission ("April
lnformal Complaint") - the first of four informal complaints opened by Commission Staff
("Staff') for Ms. Erickson throughout 2021. Within this April lnformal Complaint, Ms.
Erickson referred to having previously requested auxiliary assistive devices and
services,s and alleged, among her other ADA-related concerns, Idaho Power's refusal to
communicate with her in an understandable format, denying her access to service on the
basis of her disability, and lacking accessible payment options. Additionally, Ms. Erickson
also submitted three more complaints directly to ldaho Power through iWebster between
April 14, 2021, and April 20,2021, whereby she reiterated herADA-related concerns. The
Company responded to these newly submitted iWebster complaints with a telephone call,
limited character text message, and through iWebster,lo the same technology Ms.
s ldaho Power does not have record of the Complainant having previously requested a specific auxiliary
assistive device or service. lnstead, Ms. Erickson had repeatedly claimed that reasonable
accommodation should include an unspecified form of adaptive technology.
10 See Attachment 5 to this Answer
IDAHO POWER COMPANY'S ANS\A'ER - 5
text alerts in April 2019, Ms. Erickson declined to pursue these proposed options or
authorize Idaho Power to implement them at her direction.
4. On March 9,2021, Ms. Erickson was again disconnected for non-payment,
after which she drove to CHQ to express her grievances and pay her past-due balance
to have service restored. During this visit, Ms. Erickson spoke with the Company's Vice
President of Customer Operations who reaffirmed the Company's commitment to working
with the Complainant and finding a reasonable solution to her concerns. However, Ms.
Erickson indicated during this conversation that "providing accommodation and effective
communication was the responsibility of ldaho Power and that [she]was no longerwilling
to facilitate communication by providing such significant accommodation [to the
Companyl."T
5. ln response to Ms. Erickson's March 9,2021, visit to CHQ and a complaint
she submitted through the Company's online web inquiry portal ("iWebste/'),8 provided
as Attachment 2 to this Answer, the Company attempted to meetwith Ms. Erickson at her
home on March 16,2021, and March 17 ,2021. While Ms. Erickson appeared to be away
from her home at the time these visits occurred, the Company was able to speak with her
adult son on one occasion and requested that he inform the Complainant of the
Company's desire to speak with her about an important matter. Although Ms. Erickson
did not subsequently seek to engage with the Company, she did submit a second
complaint on March 18,2021, through iWebster and restated herADA-related grievances
against ldaho Power. ln response to Ms. Erickson's second iWebster complaint and the
7 See Attachment 2 to this Answer
8 iWebster is an online web inquiry platform in which customers may submit comments, questions or
feedback to the Company.
IDAHO POWER COMPANY'S ANS\A'ER.4
Erickson used to contact the Company.
7. On April 21, 2021, the Company responded to Staffs questions regarding
Ms. Erickson's April Informal Complaint allegations, described its past efforts in
attempting to work with the Complainant, and that the ADA provisions Ms. Erickson
references do not apply in this circumstance. As noted in Staffs July 9, 2021, Decision
Memorandum, Ms. Erickson's April Informal Complaint was closed on April 28,2021,
because of Staffs inability to reach Ms. Erickson and their belief that the Commission is
not the appropriate entity to enforce the ADA.11
8. On June 8,202'1, after sending notice pursuant to UCRRs 304 and 305, Ms.
Erickson's service was again disconnected for non-payment. Following this disconnection
one of Ms. Erickson's friends made aI payment on her behalf in order to restore her
service, and the Complainant visited the Commission's office to discuss her ADA-related
concerns in-person with Staff. During this meeting, Ms. Erickson requested that ldaho
Power refrain from disconnecting her service while herADA-based "tort claim," with which
ldaho Power had not yet been served, was ongoing.tz Also having notably occurred
during this meeting, and as Staff described within their July 9, 2021, Decision
Memorandum, "Ms. Erickson received and read a text, and explained that the text said
ldaho Power Company had turned her power back on."13
11 ln the Matter of Karen Erickson's Petilion that the ldaho Public Utilities Commission Require Public
Utilities to Comply with the Americans with Disabilities Act, Case No. IPC-E-21-22, Staff Decision
Memorandum at2 (July 9, 2021).
12 On June 9,2021, Ms. Erickson filed a Petition for Injunction, which she referred to as a 'tort claim" in
several places, in Canyon County District Court. The Court dismissed the Petition for lnjunction on June
24,2021. Around the same time, Ms. Erickson had pending claims against the City of Nampa, 911
dispatch, other utilities, and Canyon County District Court.
13 Case No. IPC-E-21-22, Stall Decision Memorandum at 2.
IDAHO POWER COMPANY'S ANSWER - 6
9. June 2021 lnforma! Complaint. After meeting with Ms. Erickson, Staff
opened a second informa! complaint for her on June 10, 2021, ("June lnformal
Complaint") and
-
I. The Company also proposed scheduling a monthly, recurring meeting at the
COC where an ldaho Power representative would assist Ms. Erickson with understanding
her bill and making her monthly payment.ls However, the Complainant refused this offer
during a June 14,202'1, meeting with Staff and stated such proposal is not consistent with
the ADA and is not reasonable since it places the burden on her to remember a future
date. To alleviate any such burden to Ms. Erickson, and given her ability to communicate
in person, the Company later proposed to Staff that it could send high-definition video text
messages as a mechanism to communicate with the Complainant about her monthly bills
and any past due amounts while concurrently enabling her to see the individual speaking.
Nevertheless, it's the Company's understanding that Staff was unsuccessful in being able
to reach Ms. Erickson to propose this option, nor did Ms. Erickson return to the
la Staffs email to ldaho Power dated June 10,2021, provided as confidential Attachment 6 to this
Answer.
15The Company does not generally accept cash payments at its office locations, in part due to its inability
to provide change for such transactions; any amount paid in excess of that due is reconciled as an
account credit.
IDAHO POWER COMPANY'S ANSWER - 7
Commission's offi@s after filing a petitionlG with the Commission on June 14, 2021
("Petition").
10. June 2021 Petition. Within Ms. Erickson's Petition she requested that the
Commission require public utilities to comply with the ADA, provide disabled persons
equal access to utility services and that the Commission also comply with the ADA's
accessibility requirements.lT Although the Company continued to work with Staff to try
and determine a reasonable solution to Ms. Erickson's conoerns, including attempting to
identify a suitable auxiliary device that the Complainant would consider to be an
acceptable means of communication, Staff ultimately acknowledged that the Commission
is not the appropriate entity under the ADA to investigate an ADA claim and, on July 9,
2021, recommended that the Commission dismiss Ms. Erickson's Petition.
11. On July 30, 2021, Ms. Erickson submitted a letter with the Commission
speciffing that she was "unsuccessful in obtaining accommodation from the court system
of ldaho with respect to my suit against ldaho Power," and that her request of ldaho Power
is to provide a captioned phone and case manager in order to access the Company's
services.ls
12. On Augusl 4, 2021, the Commission dismissed Ms. Erickson's Petition
without prejudice but issued an orderls in recognition of the uniqueness of Ms. Erickson's
Petition: asking the commission to enforce the ADA on public utilities. Within its order, the
Commission noted that in addition to Ms. Erickson's Petition not complying with the form
16 ln the Matter of Karen Erickson's Petition that the ldaho Public Utilities Commission Require Public
Utilities to Comply with the Americans with Disabilities Act, Case No. IPC-E-21-22 (June 14, 2021).
17 ld.
18 Case No. IPC-E-21-22,Lelter from Karen Erickson at 1, (July 30,20211
le Case No. IPC-E-21-22, Final Order No. 35124, (August 4,202'l).
IDAHO POWER COMPANY'S ANSI/VER - 8
and content requirements for petitions,2o the Commission is also not the appropriate
government entity to investigate an alleged ADA violation.
13. Following the dismissal of Ms. Erickson's Petition and "tort claim" against
ldaho Power, the Company reached out to Staff to discuss removing the Account Flag
from Ms. Erickson's account. Because Ms. Erickson had not returned to the Commission
since the dismissal of her Petition, and Staff had not yet had an opportunity to discuss the
Petition's outcome with her, Staff requested that the Company maintain the Account Flag
for the time being. Despite Ms. Erickson having not made a payment since June 2021,
as evidenced within confidential Attachment 1 to this Answer, the Company agreed to
maintain the Account Flag until the sooner of Staff meeting with Ms. Erickson or October
1,2021.
14. September 2021 Informal Comolaint. On September 27, 2021, Ms.
Erickson submitted a third informal complaint with the Commission whereby she claimed,
among other ADA-related allegations, that her power had been turned off and the
Company refused to accept her payments sent by courier. ln its response, the Company
specified that Ms. Erickson's service had not been disconnected but was temporarily
interrupted due to a broader, squirrel-caused line disruption, and that the Company did
not have any record of Ms. Erickson's courier payments being refused. Following the
Company's response, Staff asked if Idaho Power would allow Ms. Erickson to make her
monthly payment using a courier. The Company agreed to such a payment structure so
long as Ms. Erickson's account numberwas included with each courier payment delivered
20 Procedural Rule 53 requires, among other things, that Petitions must fully state the facts upon which
they are based and refer to the particular provisions of statute, rule, order or other controlling law upon
which they are based. IDAPA 31.01.01.053
IDAHO POWER COMPANY'SANSWER -9
to the COC. The Company also proposed a more cost-effective solution to avoid Ms.
Erickson incurring any courier-related fees: the Complainant could add an authorized user
to her account so that payments could more easily be made on her behalf. Alternatively,
Ms. Erickson could accept the Company's offer of a monthly, recurring meeting at the
COC. Ms. Erickson did not subsequently send any payments to the Company by courier.
15. On October 6,2021, after having previously removed the Account Flag and
notiffing Staff that it was too early to code Ms. Erickson's account for \Mnter Protection,2l
the Company informed Staff that Ms. Erickson's account had a current past-due balance
ofl and that she would begin receiving disconnect notices if this past-due balance
was not remedied by her next monthly bill's due date.
16. November 2021 lnformal Complaint. After providing notice pursuant to
UCRRs 304 and 305, Ms. Erickson's service was again disconnected for non-payment
on November 4, 2021. Afterwards, Ms. Erickson submitted a fourth informal complaint
with the Commission reiterating her ADA-related grievances, stating that her service had
been disconnected, and alleged the Company had not provided her with any reasonable
accommodations, auxiliary aids, or services as requested. Further, during a subsequent
conversation with Staff, the Company was made aware that a few of Ms. Erickson's
friends had also visited the Commission's office on the Complainant's behalf and
requested that her service be restored, that she be provided an auxiliary device and case
manager, and allowed to make in-person, cash payments atthe COC at her convenience.
21 UCRR 306.01 generally prevents gas and electric utilities from terminating service or threatening to
terminate service during the months of December through February to any residential customer that
declares they're unable to pay in fullfor utility service at their primary household where children, elderly or
infirm persons reside. IDAPA 31.21.01.306.01. The Company colloquially refers to UCRR 306.01 as
"\A/i nter P rotection.'
IDAHO POWER COMPANY'S ANS\A'ER - 10
Staff additionally informed the Company that during Ms. Erickson's friends' visit to the
Commission's office, the Complainant's friends were provided a list of pay stations where
payment could be made by the Complainant, or by a friend on her behalf, as a means of
quickly restoring service; however, no such payment was received by the Company and
Ms. Erickson's service remained disconnected.
17. On November 5, 2021, Ms. Erickson visited the CHQ where she spoke with
a manager within the Company's Human Resources department CHR Managef) and
requested that her service be restored and for the ability to pay her bill in cash, a case
manager, and an unspecified telephone with assistive technology. Because Ms.
Erickson's visit was unscheduled and ldaho Power does not generally have customer
service personnel readily able to conduct service restoration transactions at CHQ, the HR
Manager was unable to immediately advise on the steps necessary to restore Ms.
Erickson's service. However, the HR Manager did discuss the Complainant's
"accommodation" requests, asked whether sending a Company representative to her
home to collect her monthly payment would be an agreeable arrangement, and committed
that the appropriate people would follow up with al! options available to restore her
service. Although Ms. Erickson did not offer to make a payment to restore her service at
this time, she did make it clear that she does not require financial assistance to pay her
bill and that she did not think the Company visiting her home to collect payment would be
a viable solution because she may be having a seizure at the time of the Company's visit
and therefore unable to answer her door.
18. Following this interaction with Ms. Erickson, the Company sent an emailto
Staff on November 5,2021, outlining the multiple ways the Complainant could make a
IDAHO POWER COMPANY'S ANSIA'ER - 11
payment to ldaho Power, including unscheduled, in-person, cash payments at the COC
during normal business hours (as she requested), to restore her service. ldaho Power
also indicated that implementation of a medical certificate, \Mnter Payment Plan22 or
future enrollment in Winter Protection may also be appropriate short-term solutions. The
Company further offered that although Ms. Erickson had previously stated she does not
require financia! assistance, a pledge from an agency providing energy assistance may
allow for restoration of her service, albeit without resolving the Complainant's broader
ADA and payment-related concerns.
19. On November 8, 2021, Ms. Erickson delivered a letter, provided as
Attachment 7 to this Answer, to ldaho Power, the ldaho Office of the Attorney General,
the Commission, ldaho Governor Brad Little, the U.S. Department of Justice, and Justice
Bevan of the ldaho Supreme Court. Within this lefter Ms. Erickson requested that her
service be restored, the Company provide her with an ADA coordinator and address her
ADA-related requests, establish effective two-way communication, and process certain
civil rights complaints that she had submitted.23 Further, five of Ms. Erickson's friends also
contacted the Company's customer service center requesting Ms. Erickson's account
information. \Mile the Company was unwilling to release customer account information
withoutthe customer's consent, as is standard practice forthe Company, the Complainant
could have provided her account information to her friends herself had she chosen to do
so. Regardless, even without knowing the Complainant's account information, Ms.
22 UCRR 306.03 allows qualifying residential customers the opportunity to make reduced monthly
payments, equal to one-half of the customer's level pay amount, between November and March of each
year without risk of disconnection. IDAPA 31.21.01.306.03.
23 The Company is not aware of the civil rights complaints referenced to by the Complainant within this
lefter.
IDAHO POWER COMPANY'S ANS\A'ER - 12
Erickson's friends could still make a payment on her behalf so long as they were able to
provide the Company with her name and service Iocation,2a yet none of Ms. Erickson's
friends expressed a willingness to do so.
20. In a follow up email sent to Staff on November 8, 2021, the Company
summarized Ms. Erickson's November 5,2021, visit to CHQ, her friends' aftempts to
acquire the Complainant's account information, and reiterated its willingness to allow Ms.
Erickson to make unscheduled, in-person, cash payments at the COC despite the building
othenarise being closed to the public due to the Company's COVID-19 protocols. Staff
Iater informed the Company that they had emailed Ms. Erickson a list of the numerous
options available to restore her service on November 5, 2021, and had reiterated such
options during subsequent conversations with friends of the Complainant who
acknowledged having discussed them with Ms. Erickson. Although Staff had also
successfully secured a preliminary energy assistance commitment from Western ldaho
CommunityAction Partnership ("W!CAP"), Ms. Erickson's service remained disconnected
as a result of her declining WICAP's energy assistance pledge and refusing to remedy
her account's past-due balance.
21. On November 10, 2021 , the Company placed multiple calls to Ms. Erickson
to discuss her request to make unscheduled, in-person, cash payments at the COC.
Because Ms. Erickson did not answer any of these calls, the Company sent a large font
emailon November 11 ,2021, provided as Attachment I to this Answer, further reiterating
the process associated with, and Ms. Erickson's ability to, make unscheduled, in-person,
cash payments at the COC.
2a ldaho Power requires this information to ensure the correct account is credited.
IDAHO POWER COMPANY'S ANS\A'ER - 13
22. On November 12, 2021, while confirming service at Ms. Erickson's
premises remained disconnected, the Company's Meter Specialist ("Meter Specialist')
was confronted by the Complainant who voiced her ADA-related grievances. Although
the Meter Specialist did not discuss the Complainant's ADA claims, they did offer to take
a partial or full cash payment from Ms. Erickson so that she could be enrolled in the
Company's Winter Payment Plan or her past-due balance could be settled, respectively,
and restoration of her service could occur. Ms. Erickson refused the Meter Specialist's
offer and stated that while she has the money to pay her bill, she was "in protest" of doing
SO
23. Following continued discussions and joint efforts with Staff to engage with
Ms. Erickson and identifo reasonable solutions to her concerns, such as an appropriate
auxiliary aid, the Company restored the Complainant's service on November 18, 2021,
despite her continued past-due balance, out of an abundance of health-related caution
related to the Complainant's unknown medical conditions and the then-persistent cold
weather conditions. Throughout these joint efforts and other past discussions, it came to
be the Company's understanding that Ms. Erickson had previously received assistance
from the ldaho Department of Health and Welfare and ldaho Assistive Technology
Project; however, the Gomplainant was no longer in receipt of these agencies' services
as of November 2021.
24. Between November 19, 2021, and November 22, 2021, the Company
emailed, mailed and hand-delivered a letter to Ms. Erickson ("November 22, 2021,
Lette/'), provided as Attachment 9 to this response, restating the Company's willingness
to accept unscheduled, in-person, cash payments at the COC during norma! business
IDAHO POWER COMPANY'S ANS\A'ER. 14
hours and proposing reasonable solutions to the Complainant's requests regarding her
being provided a case manager and assistive technology; this letter also emphasized that
although Ms. Erickson's service was restored on November 18,2021, her then-past-due
balance off remained owed. Additionally, the Company also coded Ms. Erickson's
account for future enrollment in Winter Protection, thereby preventing any disconnections
from occurring until at least March 2022 and providing sufficient time for Ms. Erickson to
engage with the Company and discuss its most recent case manager and assistive
technology proposals.
25. However, on November 24, 2021, Ms. Erickson's friend, on behalf of the
Complainant, returned to the COC the November 22, 2021, Letter delivered to Ms.
Erickson and indicated, as shown within Attachment 10 to this Answer, that it "is not in an
accessible format." On December 6, 2021, using larger font, the Company remailed and
re-emailed the previously delivered November 22, 2021, Letter and, within the body of
this resent email, provided a large font, executive summary of the resent letter's contents.
The resent November 22,2021, Letter was not returned to ldaho Power.
26. On February 18, 2022, nearing the end of \Mnter Protection, the Company
emailed, mailed and handdelivered another large font letter to Ms. Erickson, provided as
Attachment 11 to this Answer, reminding the Complainant of her past-due account
balance and notiffing her of the Company's intent to visit her home several times
throughout the following months to discuss her account balance and "accommodation"
requests. Additionally, this letter also notified Ms. Erickson that although the Company
had previously restored her service on November 18, 2021, her service would again be
disconnected on April 5,2022, if her past-due account balance was not paid, or a payment
IDAHO POWER COMPANY'S ANS\A'ER - 15
arrangement was not entered into by that time.
27. On February 22, 2022, a Company Residential & Commercia! Energy
Advisor ('Energy Adviso/'1zs visited Ms. Erickson's home to discuss her past
"accommodation" requests, the Company's proposals outlined within its November 22,
2021, Letter and the Complainant's past-due account balance which, if left unremedied,
would eventually result in her service being disconnected. During her interaction with the
Energy Advisor, Ms. Erickson restated her visual and auditory disabilities, belief that the
Company had been uncooperative in meeting her disabilities' requirements, and need of
a case manager to ensure regular payment of her monthly ldaho Power bill. \A/hile Ms.
Erickson did agree to make a cash payment at this time, the Energy Advisor did not have
the necessary paperwork to provide a receipt, as is Company policy when conducting
cash transactions. As such, the Energy Advisor arranged to return to Ms. Erickson's home
at 10:00 a.m. on February 25,2022, to collect and provide receipt of a cash payment.
Though Ms. Erickson specified that she may or may not be home at this time, as she
does not "have a concept of time," she requested that the Energy Advisor show up
regardless and for them to bring a "case manager," the latter of which the Energy Advisor
did not agree to.26
25 Energy Advisors interact with the Company's customers, advise on energy consumption, and help
resolve billing or other sensitive issues.
ze The Company does not employ "case managers' but did offer within its November 22,2021, Letter to
provide the Complainant with a dedicated Customer Service Specialist who would have the ability to
readily assist Ms. Erickson with any account-related questions she may have during normal business
hours. Additionally, the Company also offered to send an employee (Energy Advisor) to the
Complainant's home, upon her request, to discuss and answer any questions related to her bill. ln both
instances, these ldaho Power employees would be providing services to Ms. Erickson analogous to that
of a case manager in regard to assistance with her ldaho Power bill.
IDAHO POWER COMPANY'S ANS\A/ER. 16
28. Upon the Energy Advisor's return to Ms. Erickson's home on February 25,
2022, six of the Complainant's friends were present and appeared to be taking notes of
the meeting. Although Ms. Erickson was upset and voiced her displeasure that an ldaho
Power case manager was not also in aftendance, she did ultimately make " I
payment in order to settle her arrears and provided the Energy Advisor with a lefter
restating her ADA-related concerns, provided as Attachment 12 to this Answer. After
providing a receipt and again acknowledging Ms. Erickson's ADA-related concerns, the
Energy Advisor departed the Complainant's premises. At no time during this visit did the
EnergyAdvisorthreaten to disconnect Ms. Erickson's service thatday, as is alleged within
the Klaichs' public comments posted in this case on March 7,2022, as Winter Protection
was still in effect at the time of this visit and Ms. Erickson had not yet otherwise been
provided the noticing necessary priorto the Company terminating herservice. The Energy
Advisor's recount of their February 2022 inleractions with Ms. Erickson is detailed within
Dan Smith's declaration accompanying this Answer.
29. The Company visited Ms. Erickson's premises again on March 3,2022, to
discuss with the Complainant its case manager and assistive technology proposals
outlined within its November 22,2021, Letter. However, Ms. Erickson did not answer the
door at the time of this visit.
30. Formal Complaint. Staff recommended the Commission treat Ms.
Erickson's emails dated February 25, 2022, and March 23, 2022,'alleging, in part, that
ldaho Power violated ldaho statutes and federal law" as a forma! complaint.2T On March
29, 2022, the Commission issued a Summons and Formal Complaint to which ldaho
27 ln the Matter of the Formal Complaint of Karen Erickson, Case No. IPC-E-22-09, Staff Decision
Memorandum at 1 (March 29,2022).
IDAHO POWER COMPANY'S ANSWER - 17
Power now answers.
31. Account Status. As of May 3, 2022, Ms. Erickson is receiving power and
has a past due account balance ofl.
II. ANSWER
32. ldaho Power interprets the letters submitted by Ms. Erickson and attached
to the Summons dated March 29,2022, as a complaint seeking that the Commission
order ldaho Power to provide "equal access" and "effective communication" plus auxiliary
aids and case management services.
A. Ms. Erickson's Claim of Disability Discrimination Under Title Il Fails
Because ldaho Power is not a "Public Entity."
33. Ms. Erickson claims that ldaho Power discriminated against her based on
her unknown, undocumented disability in violation of the ADA and ldaho Law. The ldaho
Human Rights Act ("lHRA") section prohibiting discrimination against an individualwith a
disability is, in large part, patterned on federal law. Therefore, analysis under federal law
is applicable to a claim under fhg lliffi.ze
34. Although it is not entirely clear, it appears Ms. Erickson is claiming ldaho
Power violated Title ll of the ADA. Title ll prohibits disabili$ discrimination in the "services,
programs, or activities" of public entities.zs A "public entity" is defined to include any state
or local government and any department, agency, special purpose district, or other
instrumentality of a state or tocal government.3o ldaho Power is not a "public entity" for
purposes of Title ll, as none of these categories describe Idaho Power. Therefore, Title ll
28 Stansbury v. Blue Cross of /daho Health 5eru., lnc., 128 ldaho 682, 685, 918 P.2d 266 (1996).
2e 42 U.S.C.A. S 12132.
3042 U.S.C.A. S 12131(1)(A), (B).
IDAHO POWER COMPANY'S ANSI/VER - 18
of the ADA does not apply to ldaho Power and the Commission should dismiss Ms.
Erickson's claim against ldaho Power.
B. Ms. Erickson's Glaim of Disability Discrimination Under the ADA Fails
Because She Has Not Established She is "Disabled."
35. Under Title ll and all other titles of the ADA, Ms. Erickson must first
demonstrate she is an individual with a "disability" to be entitled to the protections of the
ADA. The ADA defines "disability" as a physical or mental impairment that substantially
limits a major life activity.3l Ms. Erickson has not clearly established that she has a
physicalor mental impairment, and she certainly has not provided clear evidence that any
alleged physical or mental impairment substantially Iimits a major Iife activity. Therefore,
her claim fails, and the Commission should dismiss it.
36. Because the Complainant has not demonstrated or documented a disability,
it has been challenging for ldaho Power to understand her related needs and work with
her to identiff a reasonable solution. lndeed, although Ms. Erickson claims that her
alleged disabilities hinder her ability to comprehend the Company's delivered notifications
and meet with ldaho Power on a recurring basis, the Company has observed othennrise
throughout its interactions with the Complainant. Notably, Ms. Erickson is very articulate
when conversing and seemingly has the capability, or necessary assistance, to submit
payment, send electronic correspondence (e.9., submitting iWebster complaints to the
Company and emails to Staff), drive to the COC or CHQ, or call the Company when it
31 42 U.S.C. S 12102(2); 29 C.F.R. S 1630.2(g); and see Henriefta D. v. Bloomberg,331F.3d261,273
n.7 (2d Cir.2003) (definition of disability is same for allADA claims).
IDAHO POWER COMPANY'S ANS\A'ER - 19
suits her to do so. Further, Ms. Erickson has also clearly demonstrated in front of Staff
her ability to read and understand the Company's text message notifications.32
G. ldaho Power Has Offered "Accommodations" and "Auxiliary Aids"
Options Despite Ms. Erickson's Unwillingness or lnability to Demonstrate
She is Disabled.
37. Even assuming Ms. Erickson can somehow establish the threshold
requirements of her claim, that ldaho Power is a covered entity and she is an individual
protected by the ADA, she cannot establish that the Company failed to provide auxiliary
aids and services contemplated by Title ll of the ADA (or accommodations required under
another title).33 The Title ll regulations provide: "[a] public entity shall take appropriate
steps to ensure that communications with applicants, participants, members of the public,
and companions with disabilities are as effective as communications with others; and '[a]
public entity shall furnish appropriate auxiliary aids and services where necessary to
afford individuals with disabilities, including applicants, participants, companions, and
members of the public, an equal opportunity to participate in, and enjoy the benefits of, a
service, program, or activity of a public entity."34
32 In the Matter of Karen Erickson's Petition that the ldaho Public Utilities Commission Require Public
Utilities to Comply with the Americans with Disabilities Act, Case No. IPC-E-21-22, Staff Decision
Memorandum at2 (July 9, 2021).
33 Ms. Erickson focuses on the requirements to provide "auxiliary aids and services' under Title ll.
However, the Company's efforts would also satisf, the requirements to provide reasonable modifications
or "accommodations' under other titles of the ADA.
34 28 c.F.R. S 35.160 (aX1) & (bX1).
IDAHO POWER COMPANY'S ANSWER - 20
The regulations further define "auxiliary aids and services" as effective means of
communicating with individuals who are deaf or hard of hearing or blind or have Iow vision
and list non-exhaustive examples.3s
38. Ms. Erickson's primary claim appears to be that her bill, explanation of
services, and bill payment options are not in an accessible format, and the Company has
not provided auxiliary aids and services. !n fact, despite the fact that Ms. Erickson has not
established that she is a qualified individua! with a disability, ldaho Power has far
exceeded the requirements to provide equal access and benefits under Title ll.
39. First, over six years ago, ldaho Power initiated a redesign of its public-facing
website idahopower.com to ensure the website is accessible to disabled customers. The
Company utilized technical guidance from the Web Content Accessibility Guidelines
("WCAG"), which the federal government uses for its websites, to ensure accessibility.
ldahopower.com provides account and billing information to customers in an accessible
format. ldaho Power also utilized updated WCAG guidelines to redesign its online bill pay
site. So, any claim by Ms. Erickson that she does not have access online to tools for
understanding her bill must fail.
40. Additionally, as outlined above in the Statement of Facts, ldaho Power has
3s Auxiliary aids and services includes-(1) Qualified interpreters on-site or through video remote
interpreting ('VRl') services; notetakers; real-time computer-aided transcription services; written
materials; exchange of wriften notes; telephone handset amplifiers; assistive listening devices; assistive
listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed
captioning, including real-time captioning; voice, text, and video-based telecommunications products and
systems, including text telephones ("TTYs"), videophones, and captioned telephones, or equally effective
telecommunications devices; videotext displays; accessible electronic and information technology; or
other effective methods of making aurally delivered information available to individuals who are deaf or
hard of hearing; (2) Qualified readers; taped texts; audio recordings; Brailled materials and displays;
screen reader software; magnification software; optical readers; secondary auditory programs ("SAP");
large print materials; accessible electronic and information technology; or other effective methods of
making visually delivered materials available to individuals who are blind or have low vision; (3)
Acquisition or modification of equipment or devices; and (4) Other similar services and actions.
IDAHO POWER COMPANY'S ANS\A'ER - 21
offered a number of "auxiliary aids and services,' including communicating in multiple
formats, meeting with Ms. Erickson in person, offering multiple dedicated individuals to
explain her bil! and services to her, offering regular meetings at locations convenient to
her, and also offering to provide technical solutions to purported communication barriers,
such as softurare or relay telephones. Despite multiple attempts to provide specific
solutions to the alleged communication barrier, Ms. Erickson refused to identiff specific
auxiliary aids that would enable her to communicate with the Company.
41. Ms. Erickson's discrimination claim fails because ldaho Power's website is
accessible to individuals with disabilities and the Company has offered and provided
multiple auxiliary aids and services, despite the Complainant's failure to provide any
evidence of a disability. The Commission should dismiss Ms. Erickson's claim of disability
discrimination under Title ll, or any other title of the ADA, to the extent she is making such
a claim.
III. AFF!RMATIVE DEFENSES
A. Complainant Does Not Present a Claim the Commission Is Empowered
to Remedy.
42. The Commission is an agency of limited jurisdiction and may only exercise
the authority delegated to it by the Legislature. Washington Water Power v. Kootenai
Environmental Alliance, 99 ldaho 875, 591 P.zd 122 (1979). The Legislature has
delegated to the Commission responsibility to regulate certain relationships between
utilities and their customers, including by sefting service rates, charges and terms of
service. ldaho Code SS 61-501 , 61-502, 61-507. However, even if there was merit to her
ADA arguments, Ms. Erickson does not present a claim that the Commission is
empowered to remedy. Last summer the Commission explained to Ms. Erickson in Case
IDAHO POVVER COMPANY'S ANS\A'ER - 22
No. IPC-E-21-22 that it does not have jurisdiction over ADA complaints; Order No. 35124
states, "We decline to enforce ADA-based claims against public utilities because we lack
the statutory authority to do so." This outcome is consistent with decisions36 made by
other state utility regulatory bodies and Ms. Erickson does not cite legal authority to the
contrary.
B. Gomplainant Does Not Allege Violation of ldaho Public Utilities Law
or Commission Rules.
43. Although the Commission has authori$ to interpret its rules and utility
statues, no violation of the Commission's rules or ldaho Code Title 61 has been alleged
by the Complainant. ldaho Power has not only complied with the Commission's
consumer rules and regulations, but it has also made extraordinary efforts to find methods
of communication and payment acceptable to Ms. Erickson. As described above, Ms.
Erickson has found them allto be unsatisfactory.
44. While Ms. Erickson has submitted numerous Ietters detailing her complaints
against ldaho Power to the Commission, she does not "fully state the facts upon which
they are based" to support her claims of alleged noncompliance as required by procedural
rule 54. IDAPA 31.01.01.054.02. Moreover, Ms. Erickson does not "refer to the specific
provision of the statute, rule, order, notice tariff or other controlling law that the utility or
person has violated.' IDAPA 31.01.01.054.03. \Mile this complaint could be dismissed
due to these procedural defects, Idaho Power does not wish to further prolong issuance
of a final order addressing Ms. Erickson's complaint.
36 Harperv. PPLElectic Utilities Corp.,Pa.P.U.C. Docket No. F-2014-2422449 a|10,22(Jan27,2015);
Frompovich v. PECO Energy Co., Pa.P.U.C. Docket No. C-2015-2474602 at 43 (May 3, 2018); Wahlig v
We Energies, \Ms.P.S.C. Docket 6630-CC-208318 at 3-5 (Jan. 27,20'17).
IDAHO POWER COMPANY'S ANSWER - 23
IV. COMMUNICATIONS AND SERVICE OF PLEADINGS
45. Service of pleadings and communications with reference to this case should
be sent to the following:
Lisa D. Nordstrom
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
I [e-mail]
[e-mail]
Connie Aschenbrenner
Riley Maloney
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
caschen b ren ne r@idahopower. com
rmalonev@idahopower. com
V. CONCLUSION
46. From the onset of Ms. Erickson voicing her ADA-related grievances against
ldaho Power in early 2019, the Company has repeatedly attempted to work with the
Complainant to find reasonable solutions to her concerns. Specifically, the Company has
attempted to engage with Ms. Erickson on numerous occasions to discuss her concerns
and alleged disability, has offered to implement various types of communication channels
and payment structures, and has provided the Complainant with her "accommodation'
requests or a reasonable variation thereof. At this time, Ms. Erickson has personally made
the decision to not implement any of the Company's proposals, many of which she initially
requested, and instead chooses to continue making broad and unfounded accusations
against the Company for which no remedy can be provided because no violation is
specified.
47. Choosing to not engage with the Company, refusing to exercise self-help
options, and ignoring disconnection notices are issues separate from not having the
capability to engage with the Company and comprehend its notices, the latter of which
has not been established. Idaho Power respectfully requests the Commission issue an
IDAHO POWER COMPANY'S ANSWER.24
Order denying the relief sought by the Complainant and dismiss the complaint with
prejudice.
Dated at Boise, ldaho, this 3rd day of May 2W2.
&"fr.2(,,rt*^,
LISA D. NORDSTROM
Attomey for ldaho Power Company
IDAHO POVI'ER COMPANYS ANSWER .25
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 3d day of May 2022,1 served a true and correct
copy of the within and foregoing IDAHO POWER COMPANY'S ANSWER upon the
following named parties by the method indicated below, and addressed to the following:
Commission Staff
Riley Newton
Deputy Attorney General
ldaho Public Utilities Commission
472 West Washington (83702)
P.O. Box 83720
Boise, ldaho 83720-007 4
Karen Erickson
3327 N Eagle Rd, Ste 110
Meridian, ldaho 83046
_Hand Delivered
_U.S. Mail
Overnight Mail
_FAXX E-mail rilev. newton@puc. idaho.qov
X Hand Delivered (311 Almond St, Nampa)
(On or about May 3, 2022to accommodate
hand-delivery)
X U.S. Mail (large font format)
Overnight Mail
-FAXX E-mail [e-mail]
&^^j=
Stacy Gust, Regulatory Administrative
Assistant
IDAHO POWER COMPANY'S ANSVER - 26
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC,E-22-09
IDAHO POWER COMPANY
CONFIDENTIAL
ATTACHMENT NO. 1
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-22-09
IDAHO POWER COMPANY
ATTACHMENT NO.2
l(drCi.bt
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March 10,2021 iWebster Submission
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BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-22-09
IDAHO POWER COMPANY
ATTACHMENT NO. 3
3Em.
An IDACORP ComEnY
March 19,2021
Karen Erickson
3l I Almond St.
Nampa, ID 83686
Karen.healthybynature @gmail. com
VIA EMAIL, US MAIL, AI\D HAND DELTVERY
Ms. Erickson,
I amthe Regional Manager forthe Idaho Power Company region covering your residence.
This letter is in response to your visit to Idaho Power's Corporate Headquarters on March
9,202l,your two recent emails to Idaho Power's inbox dated March 10 and 18,2021, and
your prior communication with Idaho Power.
Your correspondence indicates you are an individual with a disability and need assistance
communicating effectively with Idaho Power. Idatro Power has been engaged in
conversations with you since 2019 regarding this matter and has offered a number of
reasonable solutions during our conversations, including text alerts to you and your son;
in-personvisits; assistance setting up autopay; and differenttypes ofwritten and electronic
communication. We remain committed to exploring all reasonable measures to ensure
you have access to our services, and we would like to better understand your specific
needs.
As you know, we attempted to visit you at your home on March 16,2021, to discuss this
matter, and we did not reach you. We would like to set up some time to discuss this
matter and possible solutions. We think it may be helpful to have your son involved in
the conversation as well, since he has reached out to customer service on your behalf in
the past. We are happy to meet you at your residence, or we can set up an appointment at
our Canyon Operations Center located at 2420 Chacartegui Ln. in Nampa, Ida]ro. You or
your son can call me at or email me directly at [e-mail]
and let me know what dates and times work for you. Thank you
Sincerely,
Angelique Rood
Regional Manager
BEFORE THE
IDAHO PUBLIG UTILITIES COMMISSION
GASE NO. IPC-E-22-09
IDAHO POWER COMPANY
ATTAGHMENT NO.4
From:
Sent:
To:
Cc:
Subiect:
Rood, Angelique
Wednesday, March 31, 2021 12:42 PM
'[e-mail]'
Wofuerton, Gina
ldaho Power Company
I received your message and want to talk to you.
Please call or email me with your availability, 208-
465-860 1 or Arood @idahopower,com.
Thank you,
Angelique Rood
Angelique Rood
REGIONAL MANAGER. CANYON WEST
Customer Operations & Business Development
ldaho Power Company
Work 208-455-8501tvtouitef
Email [e-mail]
From: Rood, Angelique
Sent Monday, March 22,202110:08 AM
To: '[e-mail]'<[e-mail]>
Cc: Wolverton, Gina <GWolverton@ ida hopower.com>
Subject: ldaho Power Company
lmportance: High
Ms. Erickson,
Please see the attached letter. I look forward to hearing from you.
Sincerely,
Angelique Rood
REGIONAL MANAGER- CANYON WEST
Customer Operations & Business Development
ldaho Power Company
Work 208465-8501
1
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-22',09
IDAHO POWER COMPANY
ATTAGHMENT NO. 5
April I 4, 2021 iWebster Submission
Wcb Ematl Cortrd St/rtclrn
Gr.. D{ril3 hildry t o.n 5$o fof,rcdil.ct t.
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BEFORE THE
IDAHO PUBLIC UTILITIES GOMMISSION
GASE NO. IPC-E-22-09
IDAHO POWER COMPANY
CONFIDENTIAL
ATTACHMENT NO.6
BEFORE THE
IDAHO PUBLIC UTILITIES GOMMISSION
GASE NO. IPC-E-22-09
IDAHO POWER GOMPANY
ATTACHMENT NO.7
111li/i11,12:Gl PM Msll - Ods021O4Cpc - Outook
To ldaho Power
Karen Erickson < [e-mail] >
Mon1UBl2021 11:53 AM
To: Karen Eftbon <[e-mail]>
Cc OdO2104Cpc <od$[e-mail]>
ICAUTION: EXTERNAI SENDERI
To ldaho Power
Cc ldaho Power, PUC, AG, Govemor, DOJ, Supreme Justice Bevan
I am submitting an emergency request to ldaho Power that I be connected with the ADA coordinator
for ldaho Power. lt is a legal requirement that contact information be provided on request. I have
requested this information in person for 8 years but at present am unable to come to your office,40
miles from my home, because of my disability.
Designotion of responsible employee. A public en@ thot emploln 50 or more peaons sholl designate ot
leost one employee to coordinote its efforB to comply with ond cony out iB responsibilittes under this
port, incfuding any investigotion of ony comploint communicoted to it olleging iB noncomplionce with
thb port or alleging any odions that would be prohibited by this port The public entity shall moke
ovoilabte to all intercstd individuols the nome, office oddress, ond telephone number of the employee or
employees d*ignoted pursuont to this porogmph.
! have been submitting ADA requests, asking for the ADA coordinator and submitting CMI Rights
Complaints to ldaho Power for EIGHT (8) years without response. During this time my power has been
repeatedly disrupted because no billing information has been made rvailable to me in accessible
format. No payment process is accessible to me besides driving the 40 miles, which I am unable to do
because of my disability.
I am requesting that my power be restored untilsuch time that ldaho power can identiff an ADA
Coordinator, address my ADA requests, establish effective 2way communication, and process the Civil
Rights Complaints that have been submitted, Withholding power from a vulnerable disabled adult
because of non compliance with Federal Regulations is a dangerous public practice, one that has
caused and lS causing me ineparable harm RIGHT NOW.
IDAPA rules for Public Utilities are also clean
MAINTENANCE OF ADEQUATE SERVICE. Every public utility shallfumish, provide and maintain such
service, instrumentalities, equipment and facilities as shall promote the safety, health, comfort and
convenience of its patrons, employees and the public, and as shall be in all respects adequate,
efficient just and reasonable.
[(51-302) 1913, ch.61, sec. 12b, p,248; reen. C.L. 106:45; C.S., sec. 2412; l.CA., sec. 59-302.]
TrTA'tho?owe(
11i8n1, 1203 PM tlal - OdCnf OaGpc - Ou[mk
It is unreasonable to expect disabled adults to pay a billwithout payment information in accessible
formats, the ability to ask billing questions, or an accessible payment method - especially when these
provisions are Federal Regulations required of all public entities you Section 5O4 and the ADA.
It is unsafe to d:srupt polyer to vulnerable disabled adults because of lack of equal access.
ldaho Power is disregarding my safety, health, comfort and convenience by disregarding Section 5O4
and the ADA.
The Requirement to comply with Federal Law is reiterated in the next paragr:aph in IDAPA:
NONCOMPLIANCE WTH UW - UABILITY FOR DAMAGE.In cose ony public utility shalldo, couse to be
done or permit to be dong ony od, motter or thing prohibited, forbtdden or declored to be unlowful, or
sholt omit to do ony od, motter or thing required to be done, either by the consti- fution, ony low of this
stote, or ony order or decision of the comm'ssion, occordtng to the terms of this oct, such public utw
shall be liable to the persons or corporotions affected thereby for oll loss, domoga or injury coused
thereby or resulting therefrom. An odion to rcaver such bsg domoge or injury moy be brcught in ony
court of competentjurisdiction by ony corporution or Wrson.
I am sending copies of this letter to the office of the AG, the Govemor, the PUG and Federal Agencies,
and The Supreme Court of ldaho. This situation should have been addressed with an injunction ltried
to request in the ldaho Court System which itself is not ADA compliant or accessible to disabled aduhs
trying to protect themselves from harm. NO ACCESSIBLE COMPLAINT PROCESS TO ADDRESS CIV|L
RIGHTS VIOLATIONS BY PUBLTC ENTITIES EXISTS IN IDAHO AS EVERYONE RECEIVING THIS
CORRESPONDENCE lS CLEARLY AWARE OF. You all have responsibilities with respect to investigating
violations of IDAPA, ADA, Section 5O4, issues relating to public safety and the protection of wlnerable
and disabled aduhs in this community as public servants. I expect you all to live up to the
responsibility of being a public servant and get my power restored immediately. Obviously my ability
to address these issues without any of you extending me effective communication, providing Auxiliary
aids and services, or identifring and correcting civil rights violations creates a banier to access beyond
my capabilities. Exploiting disabled adults by Government Entities is reprehensible. lgnoring laws
protecting the safety of disabled adutts is reprehensible. This is causing me irreparable harm because I
am being denied the Federal Protections awarded to me by Congress in NONDISCRIMINATION ON
THE BASIS OF DISABILITY lN STATE AND LOCAL GOVERNMENT SERVICES. Please act immediately and
conect these issues with ldaho power and your own agencies and departments.
Karen Erickson
Special note to the PUC that I am requesting an exact copy of this correspondence be copied and
provided directly to each commissioner without 'summarization' by your legal team.
Sent from my iPad
hilpa/Ioutlookofioc.com/malllO&0210161c@OficeDepotoom/hb*/B/AAOrADQ5Itlzg2M2Qr(WUSfiTEt{DcrZCllillDBlil/tYzlyfWYwfilF0ilffBZ... UL
. 'l
Complaint of disability discrimination from Lisa Graham
lwant to report that my friend Karen Erickson, a disabled woman living in Nampa, has been without the
ability to call 911, turn on a light, store and prepare food or heat her home for O Uayi.Today is November
7. lt's cold. ljust happened to stop by on my way through town and found her in this dangerous situation.
Two of her friends reported this to the PUC on Thursday. She went in to ldaho Power on Friday and told
them she was disabled and had no pgwer. I cannot understand why no one has helped a disabled woman
get her power back on or why this would not be addressed before the weekend.
This situation is ertremely dangerous. lt has caused ongoing harm and serious risk to someone with a
sa/ere disability. lt is getting progressively worse.
Disabled adults need the same information from ldaho Power as people without disabilities before they
can pay their bill: a due date and a balance. This information is not being made available to Karen because
she is disabled and unable to read. She is unable to talk on the phone. She has no personil care services
or case management services to assist her. And because she does not have the basic information she
needs to pay her bill - her power and water get cut off. Because she is disabled, she has no way to
communicate, no way to ask questions, and no way to report an emergency. Karen is being denied every
basic service in ldaho because of her disability. lt is against the Law to discriminate because someone is
disabled. And it's unbelievable to me that so many people would stand by and allow this to happen.
This is a formal complaint of discrimination of a disabled aduh against ldaho Power. What can you do to
prevent this situation from happening in the future? She can't be your only customer that has experienced
Orofino ldaho
{v
BEFORE THE
IDAHO PUBLIC UTILITIES GOMMISSION
GASE NO. IPC-E-22-49
IDAHO POWER COMPANY
ATTACHMENT NO.8
From:
Sent:
To:
Cc:
Subject:
Rood, Angelique
Thursday, November 1 1, 2021 2:44 PM
Karen.healthybynatu re@ gmail.com
Smith, Dan
ldaho Power ln-person Payments
lmportance:High
Ms. Erickson,
We received your request to pay your bill in person in
cash. ln response to your request, we unlocked our
outside door in Nampa so you can pay cash in person.
We need you to pay the overdue balance of to
restore power. Please see the details below.
Office Location: 2420 Chacartegui Lane Namp?, Idaho
83587
Hours: Our office is open Monday through Friday
(except major holidays) from 8am until 5pm. We are
closed from Noon until 1pm.
Payment Options: We can accept check, credit card, or
cash. lf paying in cash, we will need the exact amount
due. lf not, the additiona! amount provided wi!! be
credited to your account. We cannot provide change.
We will only be able to provide account information to
you or someone authorized on your account.
lnstructions: If possible, please call in advance of your
visit so that we have a representative ready to serve
you. You can reach Lupe at 208-455-8603 or Angelique
at 208-465-8601.When you arrive, please enter our
Customer entrance. There is a phone in the lobby that
will connect you with a representative. Please let them
know you're there to pay and we will meet you in the
Iobby.
If you have additional questions, please contact Dan
Smith, Residential Energy Advisor at 208-465-8607 or
our Customer Interaction Center at 208-388-2323.
Angelique Rood
Regional Manager
Idaho Power I Customer Operations
Office 208-465-8601 l Mobile
a rood @ ida hopower.com
2
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
cAsE NO. IPC-E-22-09
IDAHO POWER COMPANY
ATTACHMENT NO.9
3Em.
An ID COnP ComFny
November 22,2021
Karen Erickson
3l I Almond St.
Nampa, ID 83686
karen.healthybynature @gmail. com
vIA EMArL (NOVEMBER 22, 2021);
us MAIL AI\D HAND DELTVERY (NOVEMBER 22,2021)
Subject: Request for Assistance and Restoration of Power
Dear Ms. Erickson:
The purpose of this letter is to communicate with you regarding your
accommodation requests and the status of your account with Idaho Power.
ACCOMMODATION REOTIESTS
On November 5,2021, you met with a Human Resources Manager regarding
your requests for accommodation due to your stated disability.t You
requested the following three accommodations: the ability to pay your bill in
cash in person; a "case manager" to assist you with your bill; and an assistive
telephone to help you communicate with Idaho Power representatives.
On November ll, 2021,I sent an email to the email address you regularly
use for communication ([e-mail]) notifying you
that we granted your request to pay in person at our Nampa location. We are
also willing to provide reasonable solutions in response to your other two
accommodation requests. We have identified the following solutions.
Case Manaser: In response to this request, IPC will provide
instructions for you to directly contact a Customer Service Specialist
during regular business hours who will have the information and ability
to assist you with your account. We have also identified a specific
I PC disagrees that "accommodations" are legally required but is using the term for ease of reference.
1221 W. ldaho St. (83702)
P.O. 8or 70
Boise, lD E3707
I
Karen Erickson Page2 of2 November 22,2021
individual who is available to meet with you in person at your home
upon request to discuss your bill and answer questions.
2. Assistive Technologv: Idaho Power identified two possible solutions.
a. Softrvare: Idaho Power communicated with individuals at the
University of Idaho's Center on Disabilities and Human
Development, and they suggested software, such as Otter.ai. is a
possible solution. Idaho Power is willing to discuss the use of
software to resolve communication concerns.
b. Captioned Telephone: Alternatively, Idaho Power is willing to
provide one captioned telephone and identified the Hamilton
CapTel 880i as a device appropriate for hearing loss and low
vision.
We would like to set up a time to discuss these options in person.
ACCOUNT STATUS
Idaho Power restored your power on November 18, 2021, despite the
overdue balance ofI on your account, due to weather conditions and
to provide an opportunity for you and the company to discuss the solutions
outlined above. The process for paying cash in person I outlined in my
November I I email is still available, and we request that you pay the overdue
balance immediately. You will continue to accrue charges for all electric
power used, and it will be added to the current overdue balance of I.
Winter payment plans are available if you are interested. We hope to avoid
any future disruption of service and look forward to your prompt payment.
Please email me at [e-mail], call or text me at 208-465-
8601, or stop by our Nampa oflice during normal business hours to set
up a meeting. Thank you.
Sincerely,
Angelique Rood
Regional Manager
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-22-09
IDAHO POWER COMPANY
ATTACHMENT NO. 10
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November 22,2021
I(aren Erickson
311 Almond St.
Nampa,ID 83686
[e-mail]
vIA EMAIL (NOVEMBER 22,2021);
us MAIL AND IIAIID DELIVBRY (NOVEMBER 22, 2021)
Subjecfi Reqrest for Assistace and Restoration of Power
Dear Ms. Erickson:
The purpose of this lctter is to communicate with you regarding your
accommodation rcquests and the status ofyour account with Idaho Power.
ACCOMMODATION REOI'ESTS
On November 5,2021, you met with a Human Resources Manager regarding
your requests for accommodation due to your stated disability.t You
requested the follouring three aocommodations: &e ability to pay your bill in
cash in percon; a "casc managed'to assistyou with yourbill; and an assistive
telephone to help you communicate with Idaho Powerrepresentatives.
On November ll,2O2l,I sent an email to the email address you regularly
use for communication ([e-mail]) notifying you
that we gErnted your request to pay in person at our Nampa location. TYe ere
elso willing to provide reesoneble solufionc in rerponse to your other two
eccommodadon requertr.lVe have identified the following solutions.
l. Q$g_MUfggE: In response to this request, IPC will provide
instnrctions for you to dir""tly contaot a Customer Senrice Specialist
during regularbusiness hours who will have the information and ability
to assist you with your account. We have also identified a spocific
I IPC dioagrccs that'hscommodations" arp legally rcquir€d but is using thc tcrm for casc of rcfertnce. . Haho sr. (83702)
P.O, Bor 70
8oiie, lD 83707
KorGnBdckson Palge?of 2 Norrcmbcr 22,2021
individual.who is available to meet with you in pemon at your home
upon request to discuss yourbill and answer guestions.
2. Assistive Tcchnolow: Idaho Power identified two possible solutions.
a. Softrrarc: Idaho Power communicated with individuals at the
University of Idaho's Center on Disabilities and Human
Dwelopme,lrt and they suggested softruare, zuch as Otter.ai, is a
possible solution. Idaho Power is willing to discnss the use of
softurare to resolve communication goncerns.
b. Caotioned Tele,phone: Altenratively, Idaho Power is willing to
provide one captioned tele,phone and identified the Hanilton
CapTel 880f as a device appropriate for hearing loss and low
vision.
\[/e would like to set up a time to discuss these options in person.
ACCOI]NT STATUS
Idaho Power rcstored your polver on November 18, 2021, despitc the
overdue belence of Ion your accoun! due to weather conditions and
to provide an opportunity for you and the company to discuss the solutions
ouflined above. The prooess for paying cash in person I outlined in my
November I I email is still available, and we reqrrest that you pay the overdue
balance immediately. You will continue to accnre charges for dl electric
pourer use4 and it will be sdded to the crrre,lrt overdue balance of I
Winter payment plans are available if you are interested. lVe hope to avoid
any future disruption of senrice and look forwardto yourpromptpalment.
Please email me et [e-mail], cdl or text me et 20t-f65-
t601, or stop by our Nempa office during normal buclness hours to set
up e meetlng. Thank you.
Sincerely,
Angelique Rood
Regional Manager
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
cAsE NO. IPC.E-22-09
IDAHO POWER COMPANY
ATTACHMENT NO. 11
sm.
February 18,2022
Karen Erickson
311 Almond St.
Nampa, lD 83686
karen. healthybynatu re@gmai l. com
VIA EMAIL, US MAIL, AND HAND DELIVERY
Subject: OVERDU E ACCOU NT
POTENTIAL POWER DISCONNECT
Dear Ms. Erickson:
The purpose of this letter is to communicate with you
regarding your accommodation requests and to remind
you that your account has an outstanding balance of
, os of the date of this letter.
ACCOMMODATION REQU ESTS
As outlined in our letter dated November 19, 2022,
Idaho Power granted your requests for accommodation
due to your stated disability.l We requested that you
contact us to set up these accommodations. We are
concerned that you have not contacted us, so an ldaho
Power employee will visit your home several times
during the next few months to discuss your account
and accommodation requests.
I IPC disagrees tlat "accommodations" are legally required but is using the term
for ease ofreference.
An IDACORP Comoery
l22l W. ldaho 5t. (83702)
P.O. Box 70
Bois€, lD 83707
Karen Erickson Page 2 ot 2 February 15,2022
ACCOUNT STATUS
ldaho Power restored your power on November 18,
2021 , despite the overdue balance at the time of
. We hoped that restoring your power would
provide relief from the inclement weather and give you
and ldaho Power some time to discuss your account.
Unfortunately, you have not contacted us or made any
payments to your account, and your balance has
increased. The Winter Protection Program ends on
March 1, 2022, and your service will be
disconnected on Apri! 5, 2022. if we do not receive
payment or you do not enter into a payment
arrangement by that time. You can pay in person at our
Nampa location during normal business hours.
Financial assistance for paying your electrical bill may
stil! be available to you through Western ldaho
Community Action Partnership by calling 208-454-
0675.
Please email me at [e-mail], call or
text me at 208465-8601, or stop by our Nampa
office during normal business hours to set up a
meeting. Thank you.
Sincerely,
Angelique Rood
Regional Manager
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-22-09
IDAHO POWER GOMPANY
ATTACHMENT NO. 12
212512022
ldaho Power is not compliant with FederalADA Requirements for Title 2: no ADA Coordinator has
been identified; no ADA requests are addressed; no ADA violations are investigated or corrected.
lnstead, disability discrimination and ADA violations by ldaho Power have been inappropriately
mischaracterized as 'billing issues'and are ignored. My complaints and ADA requests have been
ignored for 8 years resulting in severe consequences.
The reason Qualified Disabled Adults are a Federally Protected Class of individuals is because of
the disproportionate impact of discrimination on people with disabilities. This is especially true of
discrimination by public utilities, both because of the essential nature of utilities, their role in my
ability to access therapies that allow me function, and because of the prolonged nature and
severity of the discrimination l've experienced by ldaho Power. Lack of accessible services for
disabled adults in ldaho makes this a dangerous place for me to live. And the emergencies
associated with disruption of my power have increased significantly because of the cumulative
effect of ongoing unaddressed discrimination for so many years paired with the vulnerability caused
by my disability. Recent power disruptions have resulted in life threatening injuries. And so,
continuing to write off the discrimination and retaliation by ldaho Power as 'billing issues' is
insulting, non productive and contributes to the ongoing harm I am experiencing.
I am not in a position to address any more'billing issues'unti! the 8 years of civi! rights complaints
are addressed by the Mandatory ADA Grievance Process required by Federal Law of allTitle 2
entities . The current injuries and neglect from the last prolonged power disruption need to be
resolved and corrected immediately.
I am not interested in the ongoing processes that ldaho Power engages in instead of complying with
Federal ADA requirements. ldaho Power's policies target disabled adults for unfair and unjust
practices. tdaho Power doesn't just discriminate against me, but against all disabled adults who
require ADA provisions to access essential services in ldaho. ldaho power is non compliant with
Federal Law, in violation of State Law, and presenting the clear message that discriminating against
vulnerable disabled adults in ldaho is both is tolerated and without accountability.