20200803Letter to Commissioners.pdf

DATE: August 2, 2020
TO: PUC Commissioners
RE: IPC-E-20-29
FROM: Mart Pecchenino, Complainant
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Dear Commissioners,
I have asked your staffto comment on a production request from the Respondent daled July 24,
2020 and weather a response is required. I have verbally been told I am not required to respond
but I am waiting for your formal writtan response to this question.
For the record, I would like to state my rational for not responding. The Complainant and Mr.
Thaden have both asked the Respondent to provide name(s), date and time of the alleged notice.
I was told by the Respondent's staffthat notice was provided by a contractor and they had proof.
To date, no prool name(s), date or time as been provided by the Respondent. They have refused,
despite multiple requests. Thoreforo, the Complainant does not feel oompelled to comply with
the Respondent's request or any future requests unless required by the PUC or its rules.
Sincerely,
Mark Pecchenino, Complainant
Idaho Public Utilities Commission
Rule 54
Formal Complaint
Addendum L
Respondent
Idaho Power
Complainant
Mark Pecchenino
2173 N Ten Mile Road
Kuna, ID 83634
l. Additional Noticing Evidence
The Respondent's staffclaimed they had proof the Complainant was noticed by their noticing
contractor. The Complainant and Mr. Thaden have both asked the Respondent to provide the
name(s), date and time of this alleged noticing contractor. The Complainant's requests went
unanswered. However, Mr. Thaden request was answered somewhat vaguely. In an email dated
and received by the Complainant on ll{ay 6,2020 Mr. Thaden stated, "Additionally, the
Company claims a Company representative knocked on the door to provide notice and left a door
hanger, though the door hanger did not provide specific dates. See Exhibit ADl-1.
Then in requesting the noticing information again from Mr. Thaden, the Complainant received a
second email dated June 2, 2020 from Mr. Thaden stating, "The vegetation management notifier
that planned the work and left the door hanger is also a certified arborist. " See Exhibit ADl-2.
Now the Respondent is claiming the nctice was done by a Company representative and not a
contractor. There was no mention of knocking on the door in the June 2nd email, and now the
notifier was an arborist who had planned the work. As stated in the Complaint, it was evidenced
that the tree trimming crew had no documentation, instructions or tree trimming plans of any
manner from the Respondent or their company Asplundch.
To date, the Respondent as not provided the noticing information requested by the Complainant
or Mr. Thaden. Instead, the Respondent has simply changed how the alleged notice was made
and no specific name(s), date or time has been provided. Subsequently, it appears the
Respondent is seeking this information from the Complainant. On July 25, 2020 the Complainant
received a discovery request from the Respondent asking to provide ". . . a copy ofany outdoor
video surveillance ofthe Property for Friday, March 27, 2020, and Monday, March 30, 2020.
This implies the Respondent doesn't know tlre actual date of the alleged notice so they are asking
the Complainant to provide a date and time for them. I cannot provide a date or time of
something that did not occur. Based on the dates requested by the Respondent, the Complainant
has provide more specific evidence that notice did not occur as evidenced herein.
On December 28, 2020 the Complainant's wife was taken to the emergency room. She is a
disabled person and a paraplegic. During the ER visit it was discovered that she developed a
spiral fracture ofher left knee and a fractured tibia. See attached Exhibits ADl-3. Due to
underlining medical conditions and other circumstances her leg was immobilized and she was
referred to a surgical specialist on January 2, 2020. The specialist determined that surgery would
likely be undesirable due to her underlining medical conditions. It was decided to try 3 months of
immobilization in bed to help control pain, swelling and promote healing. If this didn't work
surgery would have to be done. This meant she needed 24 hour care, for the next three (3)
months. Three (3) months from January 2, 2020 is April 2, 2020 well after the March dates
mentioned herein by the Respondent. Secondly, her 24 hour care was provided by her l7 year
old son and the Complainant. The Complainant's son was a high school senior and had
completed all his classes early with the exception ofan art class. Given the circumstances he was
allowed to complete his art projects at home with a few exceptions where he had to go to school
to tum in an assignment and meet with his teacher. All trips to the school were short and all
occurred prior to March 16,2020 as the school formally closed due to Covid-19. Therefore, I can
state unequivocally that between March 16, 2020 and May 30, 2020 there were three (3) people
on the premises at all times due to family health issues and the Covid-19 lockdown. A knock on
the door would have alerted one ofus or the dog who is kept inside when not on patrol outside.
Our house was on lockdown between these dates and we purchased our supplies online and had
them delivered to our front porch.
Exhibit ADI-1
From: Cunis Thaden <C!!!!U!e!ggep!gElg!9.Eqy>
sentr wednelday. M.y 6 202010:57:52 AM
To: MARX P€CCHENINO <[e-mail]>
Subl.ct: RE: ldaho Power company Taritf
HiMark,
I heard baak from ldaho Power. ldaho Power has not chanSed its flositaon from it5 previol,rs compenaation offer
I pre5ented your rzquert to ldaho Power; 1) ldaho Power to remove all the dead treal cauted by tha tree toppinS and
pruninS; and 2lEqualcompensation for replacingthe mature trees that are de.d- A voucher for a sampling would not
be acaeptable-
ldeho Power said il is willin8 to do the followinB
-Atree to remove the two dead trees that Mark van pattern observed and provide a vouaher for each tree. The
voucheB arc redeemable for S50 at loaal nurseries when purchasing Class I trees/shrubs.
2-haul away the dead debris that was left on Apral 27
Additionally, the Company alaims a Company repreJ€ntative knocked on the door to provide notice end left a door
hanger, thouSh th€ door h!n8er did not provide specific dates.
The ldaho Public urilities Commlssion doer not have $atutory authority to tule on a damaSe claim, only a coud ot law
aan do thet. Since Vou are requeiting cornpensation for damaSes above what ldaho Power is rvilling to provide, you may
peruse the matter in smallclaims court.
lf you have any funher questions, please let me know
Sincerely,
Curtis Thaden
l
Exhibit ADI-2
Mark Pscchenino
Frcm:
Saot:
Tol
Sublrct:
Curtis Th6d!n lCurtis.Thsd€[e-mail] govl
Tu€sday, Juno 02, 2020 8:40 AM
MARK PECCHENINO
RE: Appcal
Hi Mark,
Thank you lor your email
ln You last communication to me you stated that ldaho Powe/5latest offer was basacallyth€ sime and thatyou needed
hore information before making a deaision, and ifyou declined ldaho Powe/s otfer, what is the next step.
I have b€€n ln aontaat with ldaho Power to gather lr|ore information. ldaho Power confirmed that in additaon to
atreeint to rcmove three dead trees from your prcpeny, the Company will include three vouchers for new tree3. ln
addition, the debris trom the last tree trimming will b€ removed. Within tdaho Power's VeEetation Manatement
oepartment, therc are two fulltime certified arborirts. ldaho power sald thatthe ldaho Power employee thattirst met
with you i5. cenified arbo,i thet reponsto Mr.Van Patten- The vetetation management notifie. that planncd the
wo* and left the door harger is also a certlfled arbo,ist. I do realire that you claim no doqr hlnger was left. Arplundh,
is ldaho Pou/e/s tree pruniht contractor, and theCompanv prcvidei aertification th.ouSh their Une Clearin8
qu.lification pro8ram.
Exhibit ADI-3
CT KNEE LEFT WO CONTRAST. Details
Study Rcault
COMPARISON: Lefl kn€e Bdiographs todsy
TECHNIOUE: Helical CT imaging wos pedormed through lhe lefi kne€ 61 a sc6h width ol2'mm. Coronal
Bnd sagitlEl relormals were created. DICOM format image datia hav€ been sedrely s6nl to lhe ldaho Hoelth
Data Excheng€ (IHDE) and are aveilable lo
nonalfrliated extemal h6althc6re facilities or entilies on a s€cure. media tree, reciprocally searchable basis
wilh patienl authoaization for at least '12-months following the study. For more infonnation visil
htlp l/www. rdahohde orq
FINOINGS:
Osseousr Th€re is a comminuted, mildly impacted fracture ofthe poGteromedial tblal metaphysis. which
etl€nds distally into lhe proximal third ol the diaphysis posteriorly. A nondisplaced component of this
lraclure €xtends proximally into lhe mesial
asp€ct of lha lalgrallibiol platoau postsriorly, and lnto tho lateral trblBl sprn6 antoriorly (ssries 6. im8oos 35-
50). No drsplaced lracture ol the fblla, Iemur, or palella