20220309Comment (1)_1.pdf

Mar 3,2022
IPUC 9 48
PO Box 83720
Boise Idaho 83720-0074 lC
Dear Idaho Public Utility Commission
I,Miriam Hayman am reporting unjust and unreasonable behavior against Karen
Erickson by Idaho Power that I witnessed on 2/25/22.I am aware that Karen has
requested and been denied ADA provisions for many years.The ADA is a Federal Law
and I witnessed an Idaho Power Representativeignore and deny her ADA request.
I witnessed at approximately10:10am,a representativeby the name of Dan,from Idaho
Power,meet with Karen at her home at 311 Almond Street,Nampa,in order to address
the ADA compliance issues Karen had been wrongfullybeen experiencing.It was
immediatelyapparent that idaho Power did not want to listen to Karen's very fair and
reasonable request for ADA provisions and as a result,Idaho Power violating Federal
Law.Upon arrival,Dan confirmed that there was no ADA regulators available to address
the situation.Dan claimed to know nothing about the ADA compliance issue and
claimed to be unaware that this was Federal Law,even though Dan and Karen had
previously discussed this in their prior meeting.Dan acknowledged that Karen's 8 years
of requests have all been ignored.
As the Public Utilities Commission I would expectthat you would be concerned about
public safety and access including disability discrimination by Idaho Utilities,Violations
of State Law by Public Utilities and Violations of Federal Law by Public Utilities.
Withholding essential public services,like public utilities,from disabled adults is
dangerous,illegal,unfair and unjust.Please investigate.
I am not contacting you solely in regards to Karen's case alone,but for any and all
Idaho residents that require ADA provisions.Adults with disabilities have the right to
request ADA accommodations.
l have lived in many other states,and in all these states,they followed the Federal ADA
Laws,and I am simply requesting Idaho enforce these Federal Laws.These laws are in
place to help and protect some of our most vulnerable United States citizens,those
living with disabilities.Disabled people have rights too.
kk***
Below is a list of Idaho statutes.I summarized them on top and provided full text for
context at the end making key words bold.
I have already sent you Federal ADA Law.
1.Your authority to complain:61-612 COMPLAINTAGAINST UTILITY:any person
may complain in writing about a violation of Law by a Public Utility.
61-334A.REMEDIES FOR VIOLATION OF THIS ACT :Any consumer whose rights
under this act shall be violated or threatened with violation may file a complaint with the
commission
1.Specific Violations:
61-302.MAINTENANCE OF ADEQUATE SERVICE:public utilities are supposed topromotethesafety,health,comfort and convenience for customers and be adequate,
efficient,just and reasonable
61-303.RULES AND REGULATIONS JUST AND REASONABLE service to the public
shall be just and reasonable.
61-315.DISCRIMINATIONAND PREFERENCE PROHIBITED.No public utility shall
establish or maintain any unreasonable difference as to service (this is not very
specific,but may apply to discriminatory treatment of disabled adults)
61-702.NONCOMPLIANCE WITH LAW -LIABILITY FOR DAMAGE.Utilities cannot
commit illegal acts.
***********full text of Idaho Statutes***********
https;//legislattue.idaho.gov/statutesnles/idstat/title61/
61-612.COMPLAINT AGAINST UTILITY.Complaintmay be made by the commission
of its own motion or by any corporation or person,chamber of commerce,board of
trade,or any civic,commercial,mercantile,traffic,agricultural or manufacturing
association or organization or any body politic or municipal corporation,by petition orcomplaintinwriting,setting forth any act or thing done or omitted to be done by any
public utility including any rule,regulation or charge heretofore established or fixed by or
for any public utility,in violation,or claimed to be in violation of any provision of law
or of any order or rule of the commission:provided,that no complaint shall be
entertained by the commission,exceptupon its own motion,as to the reasonableness
of any rate or charges of any gas,electrical,water or telephonecorporation,unless the
same be signed by the mayor or the president or chairman of the board of trustees or a
majority of the council,commission or other legislativebody of the city or county or city
or town,if any,within which the alleged violation occurred,or not less than 25
consumers or purchasers or prospective consumers or purchasers of such gas,
electricity,water or telephoneservice.
61-334A.REMEDIES FOR VIOLATION OF THIS ACT.(1)Any electric supplier or
consumer whose rights under this act shall be violated or threatened with violation
may file a complaint with the commission against an electric supplier and any other
person responsible for the violation.
(2)After notice and opportunity for hearing,the commission shall make findings of fact
and conclusions of law determining whether this act or any orders issued under this act
have been violated or threatened to be violated and shall determine whether there is
actual or threatened irreparable injury as to the electric supplier or consumer whose
rights are violated or threatened with violation as a basis for granting relief.
(3)The relief to be granted under this section for violation of this act shall forbid further
acts in violation of such orders,shall order the removal of any electric connections,
facilities or equipmentthat constitute the violation,or a combination thereof necessary
to enforce compliance with this act.
61-302.MAINTENANCE OF ADEQUATE SERVICE.Every public utility shall furnish,
provide and maintain such service,instrumentalities,equipmentand 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.
61-303.RULES AND REGULATIONS JUST AND REASONABLE.All rules and
regulations made by a public utility affecting or pertaining to its charges or service to
the public shall be just and reasonable.
61-702.NONCOMPLIANCE WITH LAW -LIABILITY FOR DAMAGE.In case any
public utility shall do,cause to be done or permit to be done,any act,matter or thing
prohibited,forbidden or declared to be unlawful,or shall omit to do any act,matter or
thing required to be done,either by the constitution,any law of this state,or any order
or decision of the commission,according to the terms of this act,such public utility shall
be liable to the persons or corporations affected thereby for all loss,damages or injury
caused thereby or resulting therefrom.An action to recover such loss,damage or injury
may be brought in any court of competentjurisdiction by any corporation or person.
61-708.RESPONSIBILITY FOR VIOLATION BY EMPLOYEES.In construing and
enforcing the provisions of this act relating to penalties,the act,omission or failure of
any officer,agent or employee of any public utility,acting within the scope of his official
duties or employment,shall in every case be and be deemed to be the act,omission or
failure of such public utility.
61-315.DISCRIMINATION AND PREFERENCE PROHIBITED.No public utility shall,
as to rates,charges,service,facilities or in any other respect,make or grant any
preference or advantageto any corporation or person or subject any corporation or
person to any prejudice or disadvantage.No public utility shall establish or maintain any
unreasonable difference as to rates,charges,service,facilities or in any other respect,
either as between localities or as between classes of service.The commission shall
have the power to determine any question of fact arising under this section.
61-709.PENALTY FOR VIOLATIONS BY OFFICERS AND EMPLOYEES.Every
officer,agent or employeeof any public utility,who violates or fails to comply with,or
who procures,aids or abets any violation by any public utility of any provision of the
constitution of this state or of this act,or who fails to obey,observe or comply with any
order,decision,rule,direction,demand or requirement or any part or provision thereof,
of the commission under the provisions of this act,or who procures,aids or abets any
public utility in its failure to obey,observe and comply with any such order,decision,
rule,direction,demand or requirement,or any part or provision thereof,in a case in
which a penalty has not hereinbefore been provided for,such officer,agent or
employee,is guilty of a misdemeanor and is punishable by a fine not exceeding $1000,
or by imprisonmentin a county jail not exceeding one (1)year,or by both such fine and
imprisonment.
61-707.CONTINUING VIOLATION.Every violation of the provisions of this act or of
any order,decision,decree,rule,direction,demand or requirement of the commission,
under the provisions of this act,or any part or portion thereof,by any public utility,
corporation or person is a separate and distinct offense,and in case of a continuing
violation each day's continuance thereof shall be and be deemed to be a separate
and distinct offense.(this means a new violation occurs every day that the violation is
not corrected).
Please investigatethe issues we have with ADA compliance here in Idaho,to enforce
and follow Federal Laws.
Please feel free to contact me with any question or concerns of what I have witnessed.
Thank you for your help,
Miriam Hayman
Contact information:
Phone number:(928)-310-5955
Email:rnirihayrnan grnail com
Address:2008 W Sunrise Rim Rd,Boise,ID 83705