20231027Order_No_35972.pdf

ORDER NO. 35972 1
Office of the Secretary
Service Date
October 27, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

SAMUEL AND PEGGY EDWARDS,
Complainants-Appellants,
v.
IDAHO PUBLIC UTILITIES
COMMISSION and PACIFICORP, d/b/a
ROCKY MOUNTAIN POWER COMPANY,
Respondents.

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Idaho Supreme Court
Docket No. 51238-2023

IPUC CASE NOS. PAC-E-23-05
SUP-E-23-02

IPUC ORDER NO. 35972

On September 28, 2023, Samuel and Peggy Edwards filed a Notice of Appeal from Order
No. 35904 in Case No. PAC-E-23-05. The appeal is currently titled “SAMUEL and PEGGY
EDWARDS, Complainants-Appellants, and JACOBA H. VAN MASTRIGT, JUDY TWEDE,
KAREN LANE, CHRISTY ARMBRUSTER, and DIANE HUSKINSON, Complainants, v.
PACIFICORP, dba ROCKY MOUNTAIN POWER, Respondent.”1 Per Idaho Appellate Rule 6,
and Idaho Public Utilities Commission Rules of Procedure 343, the agency may, by order, correct
the title of an appeal at any time before the agency’s record is lodged with the Idaho Supreme
Court.
Having considered the record in this case, the Commission finds that an amendment to the
title is necessary to appropriately reflect the positions of the parties on appeal. The Edwards’
formal complaint, filed in Case No. PAC-E-23-05, was consolidated with five other complaints all
concerning the Company’s notification to terminate electric service if the customers refused to
allow the installation of advanced metering infrastructure meters (“AMI meter(s)”) at their
residences.2
However, only the Edwards sought reconsideration of Order No. 35849, which dismissed
the complaints. Accordingly, the Edwards are the only party aggrieved by Order No. 35904, which
denied their petition for reconsideration. See Idaho Code § 61-627 (authorizing parties aggrieved

1 The original caption that appeared in the Notice of Appeal filed by the Edwards titled the case “JACOBA H. VAN
MASTRIGT, et al, APPELLANTS vs. IDAHO PUBLIC UTILITIES COMMISSION AND PACIFICORP, d/b/a
ROCKY MOUNTAIN POWER, RESPONDENTS.” However, the Idaho Supreme Court subsequently issued a notice
setting a due date for the submission of the Agency Record using the title described in the first paragraph of this order.
2 The Commission assigned the Edwards’ formal complaint Case No. PAC-E-23-05, and processed the case along
with Case Nos. PAC-E-23-04, PAC-E-23-06, PAC-E-23-07, PAC-E-23-08, and PAC-E-23-11. Ultimately, the
Commission issued Order No. 35849, dismissing each.
ORDER NO. 35972 2
by order denying a petition for reconsideration to appeal to the Idaho Supreme Court); see also
Procedural Rule 341.02 (providing that no person is aggrieved by an order denying reconsideration
unless the party petitioned for reconsideration). IDAPA 31.01.01.341.02. Additionally, only the
Edwards have filed a notice of appeal from Order No. 35904 within 42 days of the issuance of
Order No. 35904. Consequently, only the Edwards have an appeal pending before the Idaho
Supreme Court. See I.A.R. 14(b) (providing a party 42 days from the date evidenced by the filing
stamp of the secretary of the Idaho Public Utilities Commission on the order denying rehearing to
file a notice of appeal).
ORDER
IT IS HEREBY ORDERED that the title of the appeal in this matter shall be corrected as
reflected above to show Samual and Peggy Edwards as the Appellants, with the Idaho Public
Utilities Commission and PacifiCorp, d/b/a Rocky Mountain Power as the Respondents on Appeal.
Likewise, all Idaho Public Utilities Commission Case Numbers shall be deleted from the caption
except for the those corresponding to the Edwards’ formal complaint.
IT IS FURTHER ORDERED that the Commission Secretary shall file a copy of this Order
changing the title of the appeal with the Idaho Supreme Court.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 27th day of
October 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\SUP-E-23-02\SUPE2302_OrderReTitle_at.docx