20220517Comments.pdf

RILEY NEWTON
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BARNO. 11202
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Street Address for Express Mail:
I I33I W CHINDEN BLVD, BLDG 8, SUITE 201.A
BOISE, ID 83714
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE FORMAL
COMPLAINT OF KAREN ERICKSON.CASE NO. IPC-E-22-09
COMMENTS OF THE
COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission ("Commission"), by and through
its Attorney of record, Riley Newton, Deputy Attorney General, submits the following
comments.
BACKGROUND
On February 25, 2022, and March 23, 2022, Karen Erickson ("Complainant" or
"Ms. Erickson") submiffed emails to the Commission alleging, in part, that Idaho Power
Company ("Company" or "Idaho Power") violated Idaho statutes and federal law
At the March 29,2022, Decision Meeting, the Commission agreed, consistent with
Staffs recommendations, to treat the emails as a formal complaint, accept the formal
complaint, issue a Summons to the Company, give the Company 35 days to answer or
otherwise respond to the formal complaint, and set a l4-day comment reply period.
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ISTAFF COMMENTS MAY 17,2022
On May 3, 2022, the Company filed an answer to the formal complaint
("Complaint") along with the Declaration of Dan Smith.
FORMAL COMPLAINT
In the Complaintl, the Complainant asserts that the Commission has and continues
to violate federal Americans with Disabilities Act ("ADA") requirements. February 25,
2022, Email from Karen Erickson.
The Complainant fuither asserts that Idaho Power "has demonstrated, before
witnesses, unjust and unreasonable practices which are prohibited according to Idaho
Stafutes." Id. The Complainant continues, stating that Idaho Power has "demonstrated
disregard for [Complainant's] safety, health, comfort and convenience" in violation of
Idaho Statutes. Id. The Complainant asserts that the Company has violated state and federal
law for the last 8 yearc. Id.
The Complainant requests "Auxiliary aids and seryices" specified by the ADA and
additional "case management services because of the complexity of the current
unaddressed complaints and ADA violations." 1d.
IDAHO POWER'S ANSWER
The Company responds that the Complainant's claim of Disability Discrimination
under Title II of the ADA, to the extent she is making such a claim, fails because the
Company is not a "Public Entity" under Title II of the ADA and, therefore, not beholden
to the Title II requirements. Idaho Power Company's Answer at 18. The Company further
replies that the Complainant has failed to establish that "she is an individual with a
'disability' . . . entitled to the protections of the ADA." Id. at 19. The Company contends
because the Complainant has not established she has a physical or mental impairment that
substantially limits a major life activity, her claim under the ADA must be dismissed.Id.
The Company notes that, based on its interactions with the Complainant, it appears
to the Company that the Complainant "is very articulate when conversing and seemingly
has the capability, or necessary assistance, to submit payment, send electronic
I The Complainant insists that she does not give permission for a Deputy Attomey General ("DAG") to represent the
Complaint to the Commission. The DAG does not represent complainants or their complaints before the Commission.
Rather, the DAG represents Commission Staff and the Commission.
2STAFF COMMENTS MAY 17,2022
correspondence (e.g., submitting iWebster complaints to the Company and emails to Staff),
drive to the [Company's Canyon Operations Center in Nampa] or [corporate headquarters
in downtown Boise], or call the Company when it suits her to do so." Id. at 19-20. The
Company states that the Complainant "has also clearly demonstrated in front of Staff her
ability to read and understand the Company's text message notifications." Id. at 20 (citing
In the Matter of Karen Erickson's Petition that the ldaho Public Utilities Commission
Require Public Utilities to Comply with the Americans with Disabilittes Act, Case No. IPC-
E-21-22, Staff Decision Memorandum at2 (J:uly 9,2021).
The Company further explains that, even if the Complaint was meritorious under
the ADA, and the Company was required to follow ADA protocol in providing service to
the Complainant, that the Company has offered "Accommodations" and "Auxiliary Aids."
Specifically, the Company states that for the past six years it has continually ensured that
its website is accessible to disabled customers, consistent with federal government
standards. Id. at 21. The Company details its history of "communicating in multiple
formats, meeting with [the Complainant] in person, offering multiple dedicated individuals
to explain her bill 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 software or relay telephones." Id. at22.
In sum, the Company claims that the Complainant's claim of disability
discrimination under the ADA, to the extent she is making such a claim, must fail.
In addition to failing to make out a claim under the ADA, the Company raises the
following affirmative defenses: (1) that the Complainant does not present a claim the
Commission is empowered to remedy; and (2) the Complainant does not allege violations
of Idaho Public Utilities Law or Commission Rules.
STAFF ANALYSIS
Staff notes that the Complaint reiterates claims identical to the claims made in Case
No. IPC-E-21-22, issued on August 4,2021. In that case, the Commission stated Ms.
Erickson requested the Commission: (l) require public utilities to comply with the federal
ADA and provide disabled persons equal access to utility services; and (2) itself comply
JSTAFF COMMENTS MAY 17,2022
with the accessibility requirements of the ADA. Order No. 35124 at 1. The Commission
declined to enforce ADA-based claims against public utilities because it lacks the statutory
authority to do so. Id. The Commission further explained, in OrderNo.35124,thatthe
Complainant's Petition referred to the ADA and 'ADA Regulations' but did not refer to
any particular provisions of statute or rule upon which the Petition was based. Id. at2.
Regarding Ms. Erickson's request that the Commission itself comply with the
accessibility requirements of the ADA, the Commission noted that she failed to provide
facts "upon which this
request [was] based and fail[ed] to refer to any particular provisions of statute and
regulation upon which her request [was] based." Id. at 2-3. The Commission noted that
Staff "went to great lengths to try to reach Ms. Erickson so that Staff could determine what
reasonable accommodation she needed" and "would 'continue to work with Ms. Erickson
to determine what reasonable accommodations she requires to participate in and enjoy the
services, programs, or activities' of the Commission." Id. at3.
Staff notes that, on December 17 , 2021, Commission legal counsel served a letter
by process seryer to Ms. Erickson's address ("Letter"). See Attachment 1 to these
Comments. The process server offered to read the Letter out loud to Ms. Erickson and she
declined. See Attachment 2 to these Comments. The Letter outlined resources and options
available to Ms. Erickson to pay and understand her bill, including Caption Call, Hamilton
Relay, smart dictation applications for Androids, iPhones or iPads, Idaho Assistive
Technology Project, payment options allowing her to make payment to the Company in
person or by courier, and a third-party notification system. The Letter also stated that Staff
had continued to meet with Ms. Erickson and her representatives on several occasions and
coresponded with Ms. Erickson in an effort to assist her.
Staff believes the current Complaint fails to state any facts, allegations, or issues not
previously addressed by Case No. IPC-E-21-22. Staff notes the Company's extensive
efforts in communicating with Ms. Erickson and assisting her with paying her bill. Staff
sees no evidence that the Company has violated any of its tariffs or failed to accommodate
or interface with Ms. Erickson in a reasonable manner. Furthermore, as it previously stated,
4STAFF COMMENTS MAY t7,2022
the Commission does not have the jurisdiction to investigate whether it or a regulated utility
has violated the ADA.
STAFF RECOMMENDATION
Staff believes the Complaint fails to state any facts upon which it is based or "refer
to the particular provisions of stafute, rule, order or controlling law" as required by
procedural Rule 53, IDAPA 31.01.01.053. For this reason, Staffbelieves the Complaint
should be dismissed with prejudice under procedural Rule 65, IDAPA 31.01.01.065.
Respectfully submitted this l7h day of May 2022.
Riley
Deputy General
I:V*gaI\ELECTRJCVPC-E-22-09 Erick$nUPCE2209 sta[ommeos m.dm
5STAFF COMMENTS MAY 17,2022
CERTIFICATE OF SERVICE
I FDREBY CERTIFY that on the 17ft day of May ,2022,I served a true and correct
copy of the foregoing Slaff s Comments upon the following named parties by the method
indicated below, and addressed to the following:
Karen Erickson
3327 N. Eagle Road, Suite I l0
Meridian, ID 83646-6142
Karen Erickson
Additional Address on Record
Lisa D. Nordstrom
Idaho Power Company
L22l W. Idaho St. (83702)
P.O. Box 70
Boise, ID 83707
Hand Delivery
Certified U.S. Mail,/ U.S. Mail
Overnight Mail
_ Fax
,/ Email [e-mail]
Hand Delivery
Certified U.S. Mail
U.S. Mail
Overnight Mail
_ Fax
,/ Email [e-mail]
Kr r /Y.ffi\{K,t/>
Keri J. Hawlter
Legal Assistant to Riley Newton
6STAFF COMMENTS MAY 17,2022
ATTACHMENT 1
ldaho Public Utilities Gommission
PO 8ox83720, Bobe, 1D8374x,074
December 16,2021
Via Certified Mail, U.S. Mail and Electronic Mail
karen.healthybynature@emai l.com
Brad Covemor
Prul [cllendcr, ComdsdonGrKrlrdm Rrpcr, Comnhdoncr
Erlc AndlBon, Comml!3l on.r
Karen Erickson
3327 N. Eagle Road, Suite 110
Meridian, lD 83 646 -61 42
Karen Erickson
Ms. Erickson,
On November 5, 2021, Commission Staff sent you corespondence to assist you with
your bill for electric service you receive from Idaho Power Company ("Idaho Power" or
"Company"). Staffhas also met with you and your representatives in person to assist you. It is
our understanding that ldaho Power has also attempted to engage with you to assist you. This
correspondence attempts to provide you with further assistance.
By way of background, Idaho Power represented that it mailed a reminder notice on
October 21,2021, to you about your bill, and the final disconnect notice on October 29,2021,to
mailing address 3327 N. Eagle Road, Suite 110, Meridian, Idaho 83646-6142. Idaho Power
represented that it made two phone calls to you on October 20,2021, about your
bill. At the time of disconnection, your account balance wasI, which is past due. It is our
understanding, that despite this past due balance, Idaho Power reconnected electric service to your
residence.
ln response to your continued inquiries, the Commission Staff offers the following
information and options that could assist you with your Idaho Power bill and electric service.
1. CASE NO. IPC-E-21.22 AI\[D COMPLAINTS
On August 4,2021, the Commission issued Order No. 35124 on your formal complaint.
A copy of that Order is enclosed for your convenience and can also be found at
httns://puc.idaho.gov/Fileroom/PublicFiles/ElEC/lPCilPCE2l22lOrdNotc/20210804Fina1 Orde
r_No-35124.pdf. Order No. 35124 was served on August 4,2021, to your email address
December 16,2021
Page? of 4
karen.healtht'[e-mail]. Order No. 35 124 provided that a petition for reconsideration
of this Order must be filed within 2l days of its issuance (August 4,2021).
You have also indicated a desire to file a new complaint with the Idaho Public Utilities
Commission. The Commission's Rules of Procedure contemplate both informal and formal
complaints and information on each and is found at:
https://adrn inrules. idaho.eov/rules/cument/3 I /3 I 0 I 0I .pdL
2. RESOURCES AND OPTIONS
a. CaptionCall
Sorenson Communications, LLC, branded as CaptionCall, provides a federally
administered service through the Federal Communications Commission that is designed to provide
voice amplification for the hearing impaired and turns a caller's voice into written text to assist
individuals with hearing loss or speech impairment. According to CaptionCall this service can be
obtained at no cost to a person who qualifies for the service. CaptionCall has informed Staff that
only the individual who wishes to obtain this service can certifu their hearing impairment
personally or through their physician. We encourage you to contact CaptionCall at l-877-557-
2227 or on their webpage at r,r,"vvrv.captioncall.corn to explore whether the equipment and service
they provide might assist you and to determine if you qualiff to obtain it. We have also enclosed
a brochure we obtained from CaptionCall that provides useful information.
b. Hamilton Relav
Hamilton Relay provides telecommunications relay services for the state of Idaho
including Text Telephone (TTY), Voice Carry Over (VCO), Hearing Carry Over (HCO), Speech-
to-Speech (STS), Visually Assisted Speech-to-Speech (VA STS), Spanish and CapTel@. The
Commission Staffencourages you to contact Hamilton Relay to see if they can assist you at any
of the following contact means:
https://harn iltonrelay.com/idaho/index.htm I
re lay@harn i lton relay.corn
TTY r-800-377-3s29
Voice l-800-377-1363
Speech to Speech l-888-791-3004
Visually Assisted Speech to Speech l-800-855-9400
c. Apnlications for Android.Iphones or Inads
An alternative to CaptionCall might be to use applications like Google Live Translate,
Otter AI, or other dictation applications on a smart phone or tablet to convert speech to text. For
11331 W. Chinden Blvd., Bldg. 8, Suite 201-A, Boise, lD 83714
Telephone : [phone] Facsimile : (208) 334-37 62
December 16,2021
Page 3 of4
face-to-face conversations, on an Android device, Google Live Translate is a free Android
application that automatically types out what is being said, along with the
punctuation. www.plav.google.com/store/apps. Live Transcribe offers transcription on an iPhone
and costs $49.99 ayear. www.get.verbit.ai. OtterAI offerstranscription of 600 minutes permonth
for free. www.otter.ai.
d. Idaho Assistive Technolosv Proiect
The Idaho Assistive Project provides support for individuals with disabilities and older
persons in their personal selection of assistive technology. This organization can be contacted at
www.idahoat.orq/Contact/Contact-Us. The organization's phone number is I -800-43 2-8324
e. Enersv Assistance
Western Idaho Communication Action Arency ("W[CAP") provides energy assistance
and crisis funding grants for individuals who qualify based on income. The agency is at 502 Main
Street, Caldwell, Idaho 83605 or can be reached at [phone]. WICAP informed us they
would work with you to address your past due balance and to possibly provide other assistance.
Proiect Share/Salvation Army is another organization that could provide energy
assistance. Its contact information is 1023 E. Chicago, Caldwell, Idaho or can be reached at (208)
459-20rr.
Idaho Power also lists helpful information on energy assistance and making payments
on its webpage at rvww.idaliopower.com/accounts-service/make-pa),rnent/help-paying-bill/idaho-
assistance/.
f. Pavment Options
Idaho Power has agreed to accept payments from you in person or by courier at its
Canyon Operations Center at 2420 Chacartegui Ln., Nampa, Idaho. Idaho Power asks that you
include the account number with all payments so the funds can be attributed to and applied to your
account. Idaho Power has suggested calling the receptionist at [phone] to let them know
you or your courier may be coming to this office.
The Company also offers the ability for customers to pay their bills by auto pay, online,
by phone, or by U.S. Mail or at https://www.idahopor.ver.com/accounts-service/rnake-payment/.
Idaho Power also allows customers to pay their bill in person at certain locations in Nampa, Idaho.
www.idahopower.com/accounts-service/make-payment/pay-in-person/. Idaho Power indicated
that you have successfully used a pay station in the past.
11331 W. Chinden Blvd., Bldg. 8, Suite 201-A, Boise, lD 83714
Telephone: [phone] Facsimile: [phone]
December 16,2021
Page 4 of 4
g. Medical Certificate
If disconnection occurs, if there is a medical need in your household, you may request
that Idaho Power fax a medical certificate to your doctor/medical provider. The doctor/medical
provider must sign the certificate and fax it back to Idaho Power. Service will then be reconnected
for 30-days.
h. Third-ParfvNotification
Each gas and electric utility must provide a program for its residential customers known
as Third-Party Notification. Underthis program, the utility will, at the request of the customer,
notify orally or in writing a third-party designated by the customer of the utility's intention to
terminate service. The third-party will be under no obligation to pay the bill, but as provided in
UCCR Rule 313.08, no customer can be considered to have refused to enter a payment
affangement unless either the customer or the designated third-party has been given notice of the
proposed termination of service and of the customer's opportunity to make payment arrangements.
Third-Party notification may prevent a disconnection without you being aware.
i. Commission Staff Interactions
You have requested that the Commission provide you with a "case manager". It is
unclear exactly what your request entails. However, the Commission Staff has made a significant
effort to listen, discuss, assess, and evaluate resources and options to facilitate solutions in your
dispute with Idaho Power and the Commission for your benefit. The Commission Staff has met
with you and your representatives on several occasions to attempt to assist you. Further, the
Commission Staff has also corresponded with you to try to assist you on several occasions. Finally,
the Commission Staff is aware that Idaho Power has also attempted to assist you in person and
through other means of communications.
3. CITY OF NAMPA
Recently, we have received correspondence from you about utility services you receive
from the City of Nampa. The Commission's enabling statutes do not provide it with jurisdiction
to regulate the services this municipality provides.
Sincerely,
R. Hammond, Jr.
Deputy Attomey General
I [esIILECTRICUPc-E-21-22 Eric]i$n PeddonErickson Lr 20ll ll l6 do!\
11331 W. Chinden Blvd., Bldg. I, Suite 201-A, Boise, lD 83714
Telephone : [phone] Facsimile : (208) 334-37 62
ATTACHMENT 2
t,'-u
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To:
Karen Edckson
OECLARANON OFSERI'EE
Fgi:
Haho Putrffc Ulilties Comn*esion
P.O.Box83720
Bcise. lD 83720
Recei\red by Tri€ourfy Process Serving LLC on December 16, nzl to be Benled on KAREI{ ERICKSON.
l, AnbnbRoque, iteb lhaton Frlday,Docember 17,2021,at9:(ts At,I servedthe within named
person($EroCKSN e fue copy of the Letter. Said service uas
efEcted
I ofhrcd b reed the letter alord to lGren E*lkson and $e dedined
Appro<irete desoiption of lGren Edcleon
Female 59 yeaa dd. 5' I Tall. 180lbs, Blonde Hair, Blue eyes.
I hereby acknorie<lge hat I am a Pmcess Sencr h $e courty in whi*r servhe u,irs eftcEd. I am over the
age of eQhteGn y€ara ard not a party to the action. I dahre under penalty of periury trrsuant tr the lmr d
the $ate d ldaho that the hegoirg is tue and corred.
Our Refererrce Number: 193334
Client Refereme:
Fillay, December 17, 2021
J).r.'1.
s-"* -*
TR-cOlx{TY PROCESS SERVTTIG LLC
P.O. Bo< 1224
8dse, |D.83701
[phone]
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