20220329Summons to Idaho Power Company.pdf

ldaho Public Utilities Gommission
P.O. Box 83720, Bolse, lD 83720{071
Brad Little, Govemor
Eric Anderson, Presidmt
]ohn 0ratburn, Commissioner
John R. Hannondfr., Conrnissioner
March 30,2022
Via Certified Mail
Idaho Power Company
122L W. Idaho St. (83702)
P.O. Box 70
Boise,lD 83707
Re: Case No.IPC-E-22-09
To Whom It May Concern
I have enclosed a Summons and Formal Complaint issued against Idaho Power Company in Case No.
IPC-E-22-09. In the Complaint, Karen Erickson alleges, among other things, that Idaho Power
Company violated state and federal law. As directed in the Summons, you are to file a written answer
or motion in defense of said Complaint with this Commission within thirty-five (35) days of the
service date of the Summons.
Sincerely,
l7--
fan N
Commission Secretary
Enclosure(s)
IPCE2 209 Erickson-Cw-ltr
11331W. Chinden Blvd. Ste 201-A Boise ID 83714
Telephone: [phone] Facsimile: QWt 33+3752
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BEFORE TIIE IDAHO PUBLIC UTILITIES COMMISSIbN,.
, ,.i'!.'.1:- ?i i'11 3: B3r*i... lli?it i-J t I
KAREN ERICKSON,
COMPLAINANT,SUMMONS
CASE NO. IPC.E.22.O9
IDAHO POWER COMPANY,
RESPONDENT
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise,Idaho 83707
THE STATE OF IDAHO SENDS GREETINGS TO TIIE ABOVE.NAMED RESPONDENT.
YOU ARE HEREBY NOTIFIED that a Complaint has been filed with the Idaho
Public Utilities Commission by the above-named Complainant; and
YOU ARE HEREBY DIRECTED to file a wriffen answer or written motion in
defense of the Complaint within thirty-five (35) days of the service date of this Summons; and
YOU ARE HEREBY NOTIFIED that unless you do so within the time herein
specified, the Idaho Public Utilities Commission may take such action against you as is prayed for
in the Complaint or as it deems appropriate under Title 6l of the ldaho Code.
WITNESS my hand and the seal of the Idaho Public Utilities Commission this
day of March2022.
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Jan l\of(yuki \,
Commission Secretary(sEAL)
SUMMONS
IPCE2209 Ericksonsummons
From: Karen Erickson <karen.healthybyn
Sent: Friday, February 25,2022 4:22PM
To: Karen Erickson <karen.healthybyn*
Cc: Ryan Beus <[e-mail]>; Clris Hecht <[e-mail]>; Adam Rush
<adam. rush@puc .idaho.gov>; Jan Noriyuki <jan.noriv uki @
Subject: ADA request, ADA Complaint, PUC complaint, Idaho Power Complaint
I have submitted repeated ADA requests without response. I am unable to access the Consumer Complaint
Process without Accommodation. It appears the IPUC is non compliant with the ADA and are excluding
disabled adults from the Public Consumer Complaint Process because of disability as a result of non
compliance with Federal ADA Requirements. I have been requesting ADA provisions for access and
effective communication for almost a full year without any Accommodation being provided or effective
communication being established.
No qualified individual with a disability shall, on the basis of disability, be excluded from participation in
er be denied the benefits of the services, programs, or activities of a public entity, or be subjected to
discrimination by any public entity. 28 CFR $ 35.130
I have submiued numerous ADA Grievances which have not been addressed by the IPUC. The IPUC is in
violation of Federal ADA Requirements, these violations have been submitted in writing, and the IPUC has
a legal requirement to address these complaints.
A public entity that employs 50 or more persons shall designate at least one employee to coordinate its
efforts to comply with and carry out its responsibilities under this part, including any investigation of any
complaint communicated to it alleging its noncompliance with this part or alleging any actions that would
be prohibited by this part.
A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing
for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part.
28 CFR $ 3s.107
The IPUC mishandled my previous complaints and fraudulently presented complaints in my name without
my knowledge or permission. Meanwhile my actual complaints were not presented or addressed. I was not
notified of outcome, was not provided the right to be heard, and was not permitted appeal. I submitted
several complaints regarding these issues without response. This is probably a result of the failure of the
IPUC to comply with Federal ADA requirements for Title 2 entities. The actions of the Commission
resulted in injuries that have not been addressed or remedied because the IPUC is not ADA Compliant.
Please respond to my complaints about the fraudulent complaint process.
I am submitting another complaint about Idaho Power. Idaho power has demonstrated, before witnesses,
unjust and unreasonable practices which are prohibited according to Idaho Statutes. They have
demonstrated disregard for my safety, health, comfort and convenience also a violation of Idaho Statutes.
They have demonstrated non compliance with Federal Law before multiple witnesses. And these violations
have been continuous for 8 years without remedy, each day's continuance thereof shall be and be deemed
to be a separate and distinct offense.
Idaho Power has received repeated notices of their illegal activity and the undue harm they cause me and
have refused to comply with Federal ADA Requirements - another violation of Federal Law.
Obviously the ADA violations are the same as the ADA violations being committed by the IPUC, creating
a conflict of interest by virtue of both entities violating the same Federal ADA Law. In addition the Remedy
noted in both ldaho Statutes and the ADA for private action is unavailable to disabled adults because Idaho
Courts are also non compliant with the ADA. This means, in the state of Idaho, disabled adults are denied
access to public utilities, denied access to the Idaho PUC and denied access to the Idaho Court; all of whom
are in violation of Federal ADA Requirements creating a significant blockade for disabled adults seeking
equal access to Public Utilities, accountability from the IPUC and remedy or emergency injunction from
Idaho Courts. This is an extreme level of discrimination and a significant conflict of interest.
I want to be very clear that I do not give permission for any DAG to represent my complaint to the PUC. I
have the right to be heard. And I have requested Accommodation for equal access and effective
communication according to Federal Law so I can be heard. I am still incapacitated as a result of the injuries
caused by Idaho Power that were previously misrepresented by Matt Hunter without my permission. I need
these injuries, the ADA Complaints against the PUC and the complaints regarding the previous
unauthorized and fraudulent complaint process addressed immediately so that I can proceed with this
current complaint. Obviously this is only possible ifthe IPUC complies with Federal Regulations and grants
me the Auxiliary aids and services I have requested which are specified by the ADA. At present I will
require additional case management services because of the complexity of the current unaddressed
complaints and ADA violations. This is standard practice. When I was at my Federal Disability Hearing I
was provided 2 case managers and an Attorney; when I was approved for the A and D waiver in Idaho I
was provided 2 case managers and a service coordinator; and when Idaho Health and Welfare investigated
the HIPAA violations I was assigred 4 case managers. IPUC is required to give primary consideration to
my request.
The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance
with the method of communication used by the individual; the nature, length, and complexity of the
communication involved; and the context in which the communication is taking place. In determining what
types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the
requests of individuals with disabilities. In order to be effective, auxiliary aids and services must be
provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and
independence of the individual with a disability. 28 CFR $ 35.160
Karen Erickson
2l2sl22
Sent from my iPad
From: Karen Erickson <karen.health-vbv
Sent: Wednesday, March 23,20222:27 PM
To: Karen Erickson <karen.healthyby
Cc: Ryan Beus <[e-mail]; Chris Hecht <Clrris.Hecht@pu@; Adam Rush
<adam. rush@puc@; Jan Noriyuki <jan.noriy L'ki @p
Subject: Re: 3 complaints submiffed to the PUC
I am following up on complaints submitted to the IPUC including ADA Grievances, Complaints about
unfair and unjust practices by Idaho Power, and complaints of misconduct and fraud with respect to the
IPUC consumer complaint process. A year has passed without the IPUC establishing the requirement for
'effective communication' or 'equal access' which is a Federal Law for all Public Entities.
I have made ongoing ADA requests, submitted repeated ADA Grievances, relayed how fraudulent behavior
during the complaint process resulted in undue harm to me. I enlisted the assistance of numerous other
persons to convey correspondences, advocate, supply evidence and complaints. But there has been no
establishment of effective communication, no access to any complaint process, and no relief from the
ongoing unfair, unjust and illegal practices by Idaho Power.
The IPUC makes it clear that access to public utilities for disabled adults is not important. The IPUC makes
it clear that illegal activity and unjust practices targeting disabled adults by idaho utilities will not be
addressed. And the IPUC makes it clear that a significant conflict of interest exists since the same illegal
activity that Idaho Power engages in is demonstrated by the IPUC.
The Public Utilities Commission discriminates against disabled adults because the ADA requires
affirmative action - and none of the actions specifically required by Federal Law ( effective communication,
equal access, material in accessible formats, etc) have been provided. Rather than address these issues
according to Federal Regulations, the IPUC has continued to cover up their illegal and discriminatory
behavior by disregarding the requirement for the Mandatory ADA Grievance Procedure, which is also a
Federal Requirement.
My circumstances have become significantly more desperate over the past year because of the daily injury
caused by discrimination from both Idaho Power and the IPUC. This has created additional barriers to
access since I am presently incapacitated at home without access to food, water or sanitation. I have lost
the capacity for therapeutics I employ to address uncontrolled seizures. And my situation is critical and life
threatening. This occurred from the most recent ADA retaliation by Idaho Power. This has been made clear
to you in writing by me, but also by numerous witnesses who observed the unfair, unjust and discriminatory
practices by Idaho Power and reported them to you directly in writing.
I am making an urgent plea for the IPUC to recognize the extreme consequences of 8 years of ongoing
unaddressed discrimination targeting a disabled adult by an Idaho public utility. I am also reminding you
that all other remedies have been addressed over a ten year period and that disabled adults in Idaho do not
have access to police services, protective services, 9l I emergency services, or other entities designed as a
safety net to protect citizens from harm in the event that the PUC fails to protect the public. None of these
emergency services comply with Federal ADA requirements - just as the IPUC and ldaho Power are
refusing to comply with Federal ADA Requirements.
I want to make it clear that the ADA wasn't written for people with minor disabilities. It was written to
support access for people who were excluded from public services because of disability. It appears I am
being excluded from ADA provisions by IPUC because of the severity of my disability. By doing so, the
IPUC violates the Integration Mandate, which essentially requires that this community allow disabled adults
to be fully integrated into the community. How can disabled adults be integrated into a community setting
without access to utilities? How can disabled adults live here safely when we experience ongoing
discrimination without the opportunity for complaint or reliefl The IPUC is making it clear that people with
sigrrificant disabilities will be excluded from this community, robbed of civil rights, and continually put in
dangerous and life threatening situations by agencies charged with protecting public safety.
Please submit this directly to each of the Commissioners. I hope the Commissioners will recognize the
severe consequences that result by violating ADA requirements and employing targeted discriminatory
behavior against vulnerable disabled adults.
Karen Erickson
March 23,2022
Sent from my iPad