20230419Summons.pdf

Idaho Public Utilities Commission Brad Little,Governor
P.O.Box 83720,Boise,ID 83720-0074 Eric Anderson,President
John R.Hammond,Jr.,Commissioner
Edward Lodge,commissioner
April 19,2023
Via Certified Mail
PacifiCorp d/b/a Rocky Mountain Power
1407 West North Temple,Suite 330
Salt Lake City,UT 84116
Re:Jacoba H.van Mastrigt,et al.,vs.PacifiCorp d/b/a Rocky Mountain Power
Case Nos.PAC-E-23-04;PAC-E-23-05;PAC-E-23-06;PAC-E-23-07;PAC-E-23-08;
PAC-E-23-11
To Whom It May Concern,
Enclosed please find a Summons and six Complaints issued against Rocky Mountain Power in the
above-mentionedcases.As directed in the Summons,you are to file a written answer or motion in
defense of said Complaints with this Commission within twenty-one (21)days of the service date
of the Summons.The answer or motion in defense should address all unique grievances against
the Company regarding smart meter installations and the threat of disconnections described in the
complaints.
Sincerely,
Jan Noriy i
Commission Secretary
Enclosure(s)
I:\LegahELECTRIC\PAC_RMPSmart Meter Complaints\Summons CvrLtr dh.docx
P.O.Box 83720,Boise,Idaho 83720-0074 Telephone:[phone],Fax:[phone]
11331 W.Chinden Blvd.,Bldg.8,Suite 201-A,Boise,Idaho 83714
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JACOBA H.VAN MASTRIGT,et al.)
COMPLAINANTS,)SUMMONS
vs.)CASE NOS.PAC-E-23-04
)PAC-E-23-05;PAC-E-23-06;PACIFICORP,d/bla ROCKY MOUNTAIN )PAC-E-23-07;PAC-E-23-08;
POWER,)PAC-E-23-11
RESPONDENT.)
PacifiCorp d/b/a Rocky Mountain Power
1407 West North Temple,Suite 330
Salt Lake City,UT 84116
THE STATE OF IDAHO SENDS GREETINGS TO THE ABOVE-NAMED RESPONDENT.
YOU ARE HEREBY NOTIFIED that six formal Complaints have been filed with
the Idaho Public Utilities Commission by the above-named Complainants;and
YOU ARE HEREBY DIRECTED to file a written answer or written motion in
defense of the Complaints within twenty-one (21)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 Complaints or as it deems appropriateunder Title 61 of the Idaho Code.
WITNESS my hand and the seal of the Idaho Public Utilities Commission this 19 h
day of April 2023.
(SEAL)Commission Secretary
I:\Legal\ELECTRIC\PACRMP Smart Meter Complaints\SummonstoPAC_dh docx
SUMMONS 1
COMPLAINT
To:Jan Noriyuki
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise,ID 83720-0074
Date:March 20,2023
From:Jacoba H.van Mastrigt
5447 E Hacienda Dr.
Idaho Falls,Idaho [83406]
RE:Installation of "Smart"Meter and threat of service disconnection
Dear Sir,
This COMPLAINT was originally submitted by me to ATTORNEY GENERAL Raúl R.
Labrador at the suggestion of Peggy Edwards of Rexburg,Idaho.Peggy mentioned that she spoke
briefly with Raúl R.Labrador in Boise on January 17,2023 about her challenges with ROCKY
MOUNTAIN POWER/PACIFICORP and their attempt to force the installation of a smart meter on
her home against her will and consent.He encouraged her at that time to submit her COMPLAINT
to his OFFICE of the ATTORNEY GENERAL.I felt it important to submit this same COMPLAINT
to you as well for your own investigation.Thank you for your attention to this matter.
I am a 99-year old widow,legally blind,deaf,and hyper-electro sensitive,currentlyfaced
with the real possibility of having my power/electrical service disconnected in less than 15 days (see
disconnect letter,dated March 1,2023,Exhibit A).I have attempted over and over again,in good
faith to resolve all issues with ROCKY MOUNTAIN POWER/PACIFICORP which have led up to
this point where they are now threatening to shut my power off,in spite of the fact that I have always
paid my power bill each month and am currently not late with payment.They,in turn are the
aggressor operating in bad faith,using strong-arm intimidation tactics,threat,duress,and coercion
in order to unlawfullyforce their will upon me and my private property while silencing my legitimate
claim(s)against them.It is important for you to understand that ROCKY MOUNTAIN
POWER/PACIFICORP has not responded to any of my timely correspondence,which includes a
conditional offer to resolve the issues between us.They have arrogantly and contemptuously
remained silent on all my documents,documents to which they have a legal and moral obligation to
speak.Silence,as you well know is indicative of fraud and bad faith.
This COMPLAINT arises over matters concerning myself and ROCKY MOUNTAIN
POWER/PACIFICORP in regards to their intention to install a "Trespassing Technology"known as
a "Smart"type meter on my home,located at 5447 E Hacienda Dr.,Idaho Falls,Idaho,contrary to
my existing and long-standing contractual agreement with them,as well as my will and consent.
Please find attached my DECLARATION in the form of an AFFIDAVIT in support of this
letter of COMPLAINT,along with supporting Exhibits A,B,C,D,E,F,G,and H.
Last year,I received an undated and unsigned letter from ROCKY MOUNTAIN
POWER/PACIFICORP (see Exhibit B)on or around November 22,2022 instructing me to call their
800 number within 15 days to resolve any "access"issues and set an appointment to have my electric
CASE NO. PAC-E-23-04
meter updated with their smart meter (Trespassing Technology).Instead of calling the 800 number
I decided to write them a letter (see Exhibit C)along with my attached CONDITIONAL
ACCEPTANCE dated December 1,2022 (see Exhibit D),conditionally accepting their offer to
install a smart meter (Trespassing Technology)on my home,giving them 15 days to respond to said
CONDITIONAL ACCEPTANCE and other documents (see COURTESY NOTICE,Exhibit E;
NOTICE OF FAULT,Exhibit F;NOTICE OF DEFAULT,Exhibit G;and NOTICE OF
ESTOPPEL,Exhibit H)which followed,all of which they have failed to answer as required,putting
them in DEFAULT.Also included with my letter was their original letter,which I returned to them
with my "Returned for Cause"statement (see Exhibit B)written on it.Please note that one set of
original documents was sent to the return address on their mailing envelope at P.O.Box 400,
Portland,Oregon 97207,and the other set of original documents to the address on the letterhead
inside their mailing envelop at 1407 West North Temple,Salt Lake City,Utah 84126.
On March 12,2023,I received another unsigned letter (see Exhibit A)stating that this is a
"SECOND NOTICE:Required Access for Meter Upgrade at 5447 E Hacienda Dr Idaho Falls,
ID",and that their contractor was refused "access"to perform a meter (Trespassing Technology)
exchange,knowing full well that they are already in DEFAULT by tacit acquiescence,therefore
having no standing to proceed.This new letter also states that I am to call their 800 number to resolve
this issue within 15 days,or they will refer my account to their service disconnection process.Be
advised that this issue/matter has already been resolved as a result of ROCKY MOUNTAIN
POWER/PACIFICORP's tacit acquiescence due to their silence on all my series of documents which
they received.In this letter they also claim that I am "contractuallyobligated to allow"ROCKY
MOUNTAIN POWER/PACIFICORP "safe and unencumbered access to our equipment.Meter
service is a condition of electric service,as expressed in the Idaho Public Utilities Commission's
Customer Relations Rules,namely Electric Service Regulation No.6,..."Please be aware that the
word/term "access"in ROCKY MOUNTAIN POWER/PACIFICORP's letters to me is being
improperly applied to mean something other than what it really is (see explanation below).
INTRODUCTION (BRIEFHISTORY]
As it stands now,there has been in place for the past 37 or so years a relationship of a
"contractual"nature between myself and ROCKY MOUNTAIN POWER/PACIFICORP (formally
UTAH POWER AND LIGHT),who currentlyprovides me with electrical power to my home.I,in
turn naturally,have agreed to allow ROCKY MOUNTAIN POWER/PACIFICORP's (formerly
UTAH POWER AND LIGHT)meter reader(s)"access"of a "specified and limited"nature,not a
general unspecified and unlimited nature,to my private property each month specifically for them
to read my electrical power meter ONLY.No other access to my private property,implied or
otherwise was ever granted to ROCKY MOUNTAIN POWER/PACIFICORP (formerly UTAH
POWER AND LIGHT)at any time.Any other necessary "access",includingtroubleshooting power
outages and making necessary repairs to electrical equipment located on my private property is
considered "special"in nature and would only be granted at the time,I,the private property owner
reported a power outage and or requested them to troubleshoot an electrical problem and make
necessary repairs ONLY.Therefore,ROCKY MOUNTAIN POWER/PACIFICORP (formally
UTAH POWER AND LIGHT)does not have autonomous authority in and of itself to access my
private property to troubleshoot and or make necessary repairs to electrical equipment or for any
other reason at any time,day or nightuntil they receive notification from me authorizing and granting
them permission at that time,on a one-time case-by-case basis only for them to proceed to do the
specified request.Anythingother than this is a trespass,invasion of my privacy,security,unalienable
Rights,includingmy private property rights which cannot be diminished,as well as a violation of
our long-standing and existing contractual agreement.
Let me be clear on this issue of "access"which ROCKY MOUNTAIN
POWER/PACIFICORP claims that I am denying them.I and no one else in my home has ever denied
COMPL AINT 2
"access"to any of ROCKY MOUNTAIN POWER/PACIFICORP's meter readers or their company
repair personnel as per our previously agreed upon terms of our long-standing contractual agreement
over the years.However,there has never been in place any agreement for personnel from any third-
party company to trespass on my private property and tamper with my,in this case electrical meter
at any time,whether I am at home or if no one is at home,neither has there ever been in place any
agreement with ROCKY MOUNTAIN POWER/PACIFICORP to "access"my private property to
make a non-repair (or install a Trespassing Technology)when no request for such type of service
was ever made,and no defective electrical equipment on my private property exists.So,if no
defective electrical equipment exists on my private property and I did not call ROCKY MOUNTAIN
POWER/PACIFICORP to report any troubles/problems with my electrical service and thus no
electrical repairs were/are needed,what are there personnel doing on my private property and or
attempting to access my private property without my consent,which they know is contrary to our
existing contractual agreement?
Understandthat this whole issue surrounds a matter of an existing "contract"which ROCKY
MOUNTAIN POWER/PACIFICORP are attempting to impair my obligation to.This contractual
relationship,as I said before has been in place since we built our home about 37 years ago when we
requested ROCKY MOUNTAIN POWER/PACIFICORP (previously UTAH POWER ANDLIGHT)to install an analog electric meter (not a Trespassing Technology)and supply our home
with electrical power,to which they agreed.This has worked smoothly without any problems or
disputes until last year,when ROCKY MOUNTAIN POWER/PACIFICORP attempted to change
the terms of our previously agreed upon and long standing "contract"without any prior proper
notification or full disclosure that they were attempting to change said terms of or initiate a new
contract without my knowledge and consent in order for them to bully their way onto my private
property to make a non-repair (or install a Trespassing Technology)which is not part of our existing
contractual agreement.
As you well know,for any changes to be made to a contract,both parties must be,in
agreement,and both parties must have clear understandingof any and all terms and changes in terms
of said contract to be valid and binding.This is simply not the case in this matter.To allow this abuse
to continue would be a travesty of justice.ROCKY MOUNTAIN POWER/PACIFICORP
acknowledges the existence of our contractual relationship (see Exhibit A)but in a skewed and
twisted fashion,not relating the matter truthfully.They propagate deceptions and lies that the smart
meter is safe and the homeowner is the antagonist and an uncooperative party for not wanting their
smart meter (Trespassing Technology),making us the "bad guy".This is like thugs attempting to
break into your home and you resisting them,and then having them go to the authorities complaining
that the homeowner is being uncooperative by not letting them into their home.This is indeed a
criminal mentalityto which the PUC/Legislature justturns a blind eye to.Why is it that the IDAHO
PUBLIC UTILITIES COMMISSION/Legislaturesupports/sanctions this type of criminal behavior
and never comes to the aide of the customers?This seems to be a common practice from state to
state and the people/inhabitants nearly always ends up with the short end of the stick.
There is no one or agency in the Idaho government advocating for the people/inhabitants in
their plight with ROCKY MOUNTAIN POWER/PACIFICORP,but there is a government agency
advocating for ROCKY MOUNTAIN POWER/PACIFICORP's position -the IDAHO PUBLIC
UTILITIES COMMISSION.It is clear that this agency does not operate in the best interest of the
people/inhabitants of Idaho primarily because their hands are tied by the legislature.This whole
picture is a one-sided equation not in my favor or other customers.
ROCKY MOUNTAIN POWER/PACIFICORP is now assuming and presuming that they
have the right to alter our existing long-standing contractual relationship without our knowledge and
consent anytime they please implying that they can come onto my private property anytime they
please to do whatever they wish,which they cannot.
Understand,I have committed no wrong in this instant matter and have done my due
diligence in an attempt to resolve all issues in order to keep the peace and my electric power on.
COMPLAINT 3
ROCKY MOUNTAIN POWER/PACIFICORP on the other hand have completely ignored my
timely CONDITIONAL ACCEPTANCE and follow-up documents,choosing to stand mute.They
have acted in bad faith and continue to walk in dishonor.Their silence is palpable and unacceptable.
ROCKY MOUNTAIN POWER/PACIFICORP is a huge corporate giant with endless
financial resources coming against this small single family who only desires to live in peace.This
huge corporate giant seems to think that because they operate as a government sanctioned monopoly,
knowing that customers have no other option or choice in power companies,they can justrun rough
shod over their perceived disobedient customers to force their unlawful will (Trespassing
Technology)upon them by use of deception,lies,strong-arm intimidation tactics,threat,duress,and
coercion (all criminal acts)in order to covertlyalter a previously agreed upon "contract"without my
knowledge and consent -HOLDING MY ELECTRICAL POWER SERVICE AS RANSOM.
This is a matter of the big bully on the block going around breaching the peace,terrorizing
and strong-arming the inhabitants in the neighborhoodsand bullying their way onto their customer's
private property and into their private lives.This is criminal behavior and it must be stopped.
FACTUAL COUNTS
I,Jacoba H.van Mastrigt,hereinafter referred to as complainant,in pro per,complaining of
ROCKY MOUNTAIN POWER/PACIFICORP and their Trespassing Technology,respectfully
alleging various felonious acts being perpetrated upon complainant as follows:
COUNT 1:Breach of the Peace.ROCKY MOUNTAIN POWER/PACIFICORP's attempted
unlawful intrusion onto complainant's private property and into complainant's home by way of a
smart meter (Trespassing Technology)wire-tapping device,resulting in a breach of complainant's
peace causing undue fear,severe anxiety,mental fatigue,as well as physical and emotional stress.
COUNT 2:Attempted Extortion of complainant's will,consent,and rights through use of threat,
duress,and coercion in order to induce complainant to capitulate,by wrongful use of fear and
under color of official right to ROCKY MOUNTAIN POWER/PACIFICORP's unlawful
compulsion to accept their smart meter (Trespassing Technology)while holding the threat of
electrical service disconnection over complainant's head.
COUNT 3:Impairment of Contract.Impairment of complainant's obligation of an existing
contract between ROCKY MOUNTAIN POWER/PACIFICORP and complainant by use of threat,
deception,strong-arm intimidationtactics,trickery,duress,and coercion.Violators are attempting
to change terms of an existing contract and or create a new contract with complainant in order to
install a "smart"meter (Trespassing Technology)without the authorization/consentof complainant
by wrongful use of fear and under color of official right,hoping complainant will grant coerced or
tacit agreement for such contract changes by either omitting to perform a particular act or through
the performance of a particular act induced under compulsion in order to get their smart meter
(Trespassing Technology)installed on complainant's home.
COUNT 4:Attempted Extortion.Attempted extortion and takeover of complainant's private
property for commercial use.Violators,by wrongful use of fear and under color of official right
are attempting to commandeer complainant's private property in order to install a smart Meter
"relay station"(Trespassing Technology)on complainant's property for the sole benefit of
ROCKY MOUNTAIN POWER/PACIFICORP and outside third-partyentities without any just
authorization and compensation to complainant for such.This would amount to theft,unlawful
conversion of private property,unjustenrichment,and violation of complainant's FIFTH
AMENDMENT right to not be deprived of complainant's right to life,liberty,or property,without
due process of law.
COMPLAINT 4
Note:If attempted murder is prosecutable,then attempted extortion by use of threat,duress,and
coercion is also prosecutable.
COUNT 5:Attempted Illegal Wiretapping.ROCKY MOUNTAIN POWER/PACIFICORP is
attempting to illegallywiretap complainant's home and extract personal and private information
without a lawfullyissued and or executed search warrant,through the installation of an unlawful
(as no consent is given)surveillance/bugging device known as a smart meter (Trespassing
Technology).Smart meter capabilities include,but not limited to monitoring,logging,storing,
transferring,and sharing of daily personal and private habits and routines of occupants of private
homes and then giving said informationto unauthorized third-parties for profit,includingpolice
and federal government snoop agents,all without the homeowner's or other occupants consent to
do so.This would amount to gross violation of complainant's FOURTH AMENDMENT right to
be secure in complainant's person,houses,papers,and effects,against unreasonable searches and
seizures,as well as complainant's FIFTH AMENDMENT right to not be deprived of
complainant's right to life,liberty,or property,without due process of law.
COUNT 6:Threat with Intent to Commit Harm to complainant and other household members by
threatening to shut off electrical power to complainant's property/house if complainant does not
allow ROCKY MOUNTAIN POWER/PACIFICORP to install a smart meter (Trespassing
Technology)on complainant's house.Termination of electrical power will cause severe hardship,
stress,and duress,as well as severe physical and emotional harm to this already frail 99-year-old
complainant.
COUNT 7:Gross Negligence;Hazardous Negligence.The "gross negligence",or reckless and
wanton behavior of ROCKY MOUNTAIN POWER/PACIFICORP is manifest in their failure to
exercise even slight care,and evidences a reckless disregard of complainant's life and safety,as
well as of others in complainant's household,by attempting to expose us to the dangerous/
hazardous health effects of a smart meter (Trespassing Technology)which they are attempting to
install on complainant's private property against complainant's will and consent.There intentionalfailuretoperformamanifestdutytotruthfullyinformcomplainantoftheactualdangersofasmart
meter is in reckless disregard of the consequences as affecting complainant's life and property,includinga gross want of care and regard for complainant's rights and the rights of others in
complainant's household.
Their behavior is also "hazardous negligence"due to ROCKY MOUNTAIN POWER/
PACIFICORP's careless or reckless conduct by attempting to expose complainant and other
members of complainant's householdto the very great danger of injury and imminent peril should
the installation of their smart meter (Trespassing Technology)on complainant's home take place.
COUNT 8:Actionable Fraud.ROCKY MOUNTAIN POWER/PACIFICORP has committed an
"actionable fraud"against complainant by use of deceptive practices in an attempt to induce
complainant to part with complainant's legal right(s),to include complainant's long-standing
existing contractual agreement with ROCKY MOUNTAIN POWER/PACIFICORP,as well asunlawfullyattemptingtocommandeercomplainant's private property for commercial use byinstallinga"relay station"(smart meter Trespassing Technology)without complainant's consent
by making false representations with the intention to deceive.Further,it appears that ROCKY
MOUNTAIN POWER/PACIFICORP makes a material representationwhich is knowinglyfalse
concerning their smart meter (Trespassing Technology),making such representation without anyknowledgeofitstruthandasapositiveassertionthatsmartmetersaresafe,and made it with the
intention that it should be acted on by complainant.If complainant acts and complies with this
false representation,complainant fears and believes an impending injury will be suffered by
complainant and possibly others in complainant's household as well.
COMPLAINT 5
COUNT 9:Elder Abuse.This amounts to knowingly and willfully doing something that a
reasonable person would not do which inflicts physical and emotional pain and mental injury to an
elderly person.ROCKY MOUNTAIN POWER/PACIFICORP,having foreknowledge of
complainant's age (99-years-old)and physical conditions,continues to acknowledge their intent to
abuse complainant by negligent infliction of physical pain and mental injury by continuing their
strong-arm intimidation tactics,threats,duress,and coercion against complainant in their attempt
to install a dangerous and health-hazardous smart meter against complainants will,which makes
this a criminal act as per,TITLE 18-1505,subsection 2 &4 of the Idaho Statutes.
DEFINITIONS
From:Black's Law Dictionary.Fourth Edition
EXTORT.To compel or coerce,as a confession or informationby any means serving to overcome
one's power of resistance,or making the confession or admission involuntary.Sutton v.Commonwealth,207 Ky.597,269 S.W.754,757.To gain by wrongful methods,to obtain In amunlawfulmanner,to compel payments by means of threats of injury to person,property,or
reputation.McKenzie v.State,113 Neb.576,204 N.W.60,61;State v.Richards,97 Wash.587,
167 P.47,48.To take from unlawfully;to exact something wrongfully by threats or putting in fear.State v.Adams,Del.,106 A.287,288,7 Boyce,335.See Extortion.
The natural meaning of the word "extort"is to obtain money or other valuable thing either by
compulsion,by actual force,or by the force of motives applied to the will,and often more
overpowering and irresistible than physical force.Com.v.O'Brien,12 Cush.,Mass.,90.
EXTORTION.Unlawful obtaining of money from another.People v.Parkinson,181 Misc.603,41
N.Y.S.2d 331,334.
Obtaining of property from another,with his consent,induced by wrongful use of force or fear,or
under color of official right.And see State v.Logan,104 La.760,29 So.336;In re Rempfer,51
S.D.393,216 N.W.355,359,55 A.L.R.1346;Lee v.State.16 Ariz.291,145 P.244,246,
Ann.Cas.1917B,131.Obtaining of property of another by threats to injure him and to destroy hisproperty,State v.Phillips,62 Idaho 656,115 P.2d 418,420.Taking or obtaining of anythingfrom
another by means of illegal compulsion or oppressive exaction,Daniels v.U.S.,C.C.A.Cal.,17 F.2d
339,342;whether by an officer or otherwise,United States v.Dunklev,D.C.Cal.,235 F.1000,
1001.
A taking under color of office is of essence of offense.La Tour v.Stone,139 Fla.681,190 So.704,
709,710.
At common law,any oppression by color or pretense of right,and particularlyand technicallythe
exaction or unlawful taking by an officer of money or thing of value,by color of his office,either
when none at all is due,or not so much is due,or when it is not yet due.Preston v.Bacon.4 Conn.
480.See People v.Barondess,16 N.Y.S.436,61 Hun,571;Murrav v.State.125 Tex.Cr.R.252,
67 S.W.2d 274,275;State v.Anderson.66 N.D.522,267 N.W.121,123;Whart.Cr.L.833.
Term in comprehensive or general sense signifies any oppression under color of right,and in strict
or technical sense signifies unlawful taking by any officer,under color of office,of any money orthingofvaluenotduehim,more than is due,or before it is due.State v.Barts.132 N.J.L.74,38
A.2d 838,843,844,848;State v.Vallee,136 Me.432,12 A.2d 421.
To constitute "extortion,"money or other thing of value must have been willfully and corruptly
received.La Tour v.Stone,139 Fla.681,190 So.709,710.
To constitute "extortion,"the wrongful use of fear must be the operating cause producing consent.People v.Biggs.178 Cal.79,172 P.152,153.
COMPLAINT 6
GROSS NEGLIGENCE.The Intentionalfailure to perform a manifest duty in reckless disregard
of the consequences as affecting the life or property of another;such a gross want of care and regard
for the rights of others as to justify the presumption of willfulness and wantonness.Seelig v.First
Nat.Bank,D.C.IlL,20 F.Supp.61,68.
The failure to exercise slight care.Jones v.Atchison.T.&S.F.Ry.Co.,98 Kan.133,157 P.399,
400;Burton Const.Co.v.Metcalfe,162 Ky.366,172 S.W.698,701.
In the law of torts (and especially with reference to personal injury cases),the term means such
negligenceas evidences a reckless disregard of human life,or of the safety of persons exposed to its
dangerous effects,or that entire want of care which would raise the presumption of a conscious
indifference to the rights of others which is equivalentto an intentional violationof them.McDonald
v.Railroad Co.,Tex.Civ.App.,21 S.W.775;Railroad Co.v.Bodemer,139 Ill.596,29 N.E.692,
32 Am.St.Rep.218;Coit v.Western Union Tel.Co.,130 Cal.657,63 P.83,53 L.R.A.678;Bremer
v.Lake Erie &W.R.Co.,318 Ill.11,148 N.E.862,866,41 A.L.R.1345.
Indifferenceto present legal duty and utter forgetfulness of legal obligations,so far as other persons
may be affected,and a manifestly smaller amount of watchfulness and circumspection than the
circumstances require of a person of ordinary prudence.Burke v.Cook,246 Mass.518,141 N.E.
585,586.Negligence bordering on recklessness.People v.Adams.289 Ill.339,124 N.E.575,577.
Words "gross negligence,"are equivalent to words "reckless and wanton."Jones v.
Commonwealth,213 Ky.356,281 S.W.164,167.
HAZARDOUS NEGLIGENCE.Such careless or reckless conduct as exposes one to very great
danger of injury or to imminentperil.Riggs v.Standard Oil Co.,C.C.Minn.,130 F.204.
ACTIONABLE.
ACTIONABLE FRAUD.Deception practiced in order to induce another to part with property or
surrender some legal right;a false representation made with an intention to deceive;may be
committed by stating what is known to be false or by professing knowledge of the truth of a statement
which is false,but in either case,the essential ingredient is a falsehooduttered with intent to deceive.
Sawyer v.Prickett,19 Wall.146,22 L.Ed.105.
To constitute "actionable fraud,"it must appear that defendant made a material representation;that
it was false;that when he made it he knew it was false,-or made it recklessly without any knowledge
of its truth and as a positive assertion;that he made it with intention that it should be acted on byplaintiff;that plaintiff acted in reliance on it;and that plaintiff thereby suffered injury.Blair v.
McCool,136 Or.139,295 P.950,952.Essential elements are representation,falsity,scienter,
deception,and injury.Cobb v.Cobb,211 N.C.146,189 S.E.479,482.
CONCLUSION
It is my sincere wish that you and your OFFICE of the ATTORNEY GENERAL investigate
this entire matter concerning this wicked and wanton behavior and the strong-arm intimidation
tactics of ROCKY MOUNTAIN POWER/PACIFICORP and why they are permitted to continue to
violate and interfere with my,as well as many other ROCKY MOUNTAIN POWER/PACIFICORP
customer's existing valid contractual agreements against their will and consent,FOURTH and
FIFTH AMENDMENT Rights,and other violations as mentioned above,and also why the IDAHO
PUC/State Legislature permits/sanctions this type of criminal behavior.
COMPLAINT 7
As time is of the essence,I respectfully request that this matter be given priority status and atimelyremedysoughtinordertoavoidtheapparentupcomingelectricalservicedisconnection injustamatterofdays,not just for myself but for many other ROCKY MOUNTAIN
POWER/PACIFICORP customers similarly situated.
Thank you in advance for your time and consideration in remedying this matter as soon as
possible in order that justice may be done.
Very truly,
Witness to signatu e #1 1 ess to signature #2
COMPLAINT 8
DECLARATION OF Jacoba H.van Mastrigt
IN THE FORM OF AN AFFIDAVIT
I,Jacoba H.van Mastrigt,being of sound mind do make this Declaration of my own free will with-
out any undue outside influence.
I declare the following:
1.On November 22,2022,I did receive an undated and unsigned letter from ROCKY MOUNTAIN
POWER/PACIFICORP stating that their installer couldn't "access"the meter base at 5447 E
Hacienda Dr.,Idaho Falls,Idaho in order to install a smart meter.This latter also instructed
me to call their 800 number to resolve any access issues and set an appointment to have my meter
updated.
2.On December 1,2022,I sent/served by Registered mail to ROCKY MOUNTAIN POWER
&GARY W.HOOGEVEEN,PRESIDENT PACIFICORP at 1407 West North Temple,Salt
Lake City and the same by Certified mail to P.O.Box 400,Portland,Oregon,a CONDITIONAL
ACCEPTANCE with a cover letter addressing the letter that they sent to me.In this mailing I
also included their original letter with my "Returned for Cause"statement on it.ROCKY
MOUNTAIN POWER &GARY W.HOOGEVEEN,PRESIDENT PACIFICORP did not
respond to this CONDITIONAL ACCEPTANCE.
3.On January 6,2023,I sent/served Certified mail to ROCKY MOUNTAIN POWER &GARY W.
HOOGEVEEN,PRESIDENT PACIFICORP a COURTESY NOTICE to both addresses noted in
number 2 above giving them 3 more days to respond to my CONDITIONAL ACCEPTANCE of
December 1,2022.They did not respond to this COURTESY NOTICE.
4.On January 26,2023,I sent/served Certified mail to ROCKY MOUNTAIN POWER &GARY
W.HOOGEVEEN,PRESIDENT PACIFICORP a NOTICE OF FAULT to both addresses noted
in number 2 above giving them 5 more days to cure their error and respond to my
CONDITIONAL ACCEPTANCE of December 1,2022.They did not respond to this NOTICE
OF FAULT which put them in DEFAULT.
5.On February 15,2023,I sent/served Certified mail to ROCKY MOUNTAIN POWER &GARY
W.HOOGEVEEN,PRESIDENT PACIFICORP a NOTICE OF DEFAULT informingthem of
their DEFAULT and tacit acquiescence to and agreement with my position as enumerated in my
CONDITIONAL ACCEPTANCE of December 1,2022,as well as my cover letter of same date,
along with a NOTICE OF ESTOPPEL to both addresses noted in number 2 above.This NOTICE
OF ESTOPPEL notifies ROCKY MOUNTAIN POWER &GARY W.HOOGEVEEN,
PRESIDENT PACIFICORP that they are estopped from any and all further action(s),claims,
counterclaims,demands,and or suits against me,concerning the matter of their attempted
installation of a smart meter on my property located at 5447 E Hacienda Dr.,Idaho Falls,Idaho.
6.My NOTICE OF ESTOPPEL of February 15,2023 includes a notice of an implied contract with
specified terms due to their tacit acquiescence agreement and subsequent DEFAULT informing
ROCKY MOUNTAIN POWER &GARY W.HOOGEVEEN,PRESIDENT PACIFICORP that
DECLARATION IN THEFORMOF AN AFFIDAVIT
RECEIVED
2023 March, 22 7:58AM
IDAHO PUBLIC
UTILITIES COMMISSION
violation of said terms of this ESTOPPEL will be construed as an offense against me making
them liable to me for damages in the amount of $1,000,000.00U.S.(One Million Dollars)due
and payableupon demand within 30 days of such demand.This ESSTOPPEL also informs them
that this is an implied contract and self-executing contract enforceable in court and that violating
this ESTOPPEL signifies "performance"on their part constituting their acceptance of the terms
of said ESTOPPEL.
7.On or around March 12,2023,I received an unsigned threatening letter from ROCKY
MOUNTAIN POWER/PACIFICORP stating that their contractor was refused access to perform
a meter exchange at my home at 5447 E HaciendaDr.,Idaho Falls,Idaho and that this was their
second written notice.This letter also instructed me to contact them at their 800 number to
resolve access issues and set an appointment to have my meter updated and then given 15 days
from date of said letter (March 1,2023)to comply or they will refer my account to their service
disconnection process,holding my electrical service hostage and threatening to shut off my
electrical power.
8.Point 7 above verifies ROCKY MOUNTAIN POWER &GARY W.HOOGEVEEN,
PRESIDENT PACIFICORP's violation of my ESTOPPEL signifying"performance"on their
part,indicating acceptance of the terms of said ESTOPPEL,initiating their liabilityto me for
damages in the amount of $1,000,000.00U.S.(One Million Dollars).
9.At no time,past or present have I or anyone else in my household ever denied "access"to
ROCKY MOUNTAIN POWER to come onto my private property to read the electric meter.
10.I am a 99-year-old widow living on a fixed income who is legally blind,deaf,and hyper-electro
sensitive.ROCKY MOUNTAIN POWER's threats and strong-arm intimidation tactics,has caused
me a great deal of endless,anxiety,fatigue,emotional and mental distress,headaches,insomnia,
and severe stomach upset.I consider ROCKY MOUNTAIN POWER's use of abusive threats,
duress,and coercion in an attempt to get me to consent to accepting a smart meter on my home,to
be negligent infliction of physical pain and mental injury as per TITLE 18-1505,subsection 2 &4oftheIdahoStatutes.
I,Jacoba H.van Mastrigt,affirm and certify on my own unlimited commercial liability that I have
read the above affidavit and do know the contents to be the truth,the whole truth,correct and
complete to the best of my knowledg ,willing to testify to this.
Jaco H.van i uris D
Witness to signature ¥l Wi ss to signature #2
DECLARATION IN THEFORMOF AN AFFIDAVIT 2
ROCKY MOUNTAIN 1407WestNorthTemplePOWERSaltLakeCity,Utah 84 I 16
A DIVISION OF PACIFICORP
March 1,2023
Jacoba Van Mastrigt
5447 E Hacienda Dr
idaho Falls,ID 83406 8228
RE:SECOND NOTICE:Required Access for Meter Upgrade at 5447 E Hacienda Dr Idaho Falls,ID
Dear Jacoba Van Mastrigt:
Thank you for your immediate attention to this matter.If you are not responsible for theelectricserviceatthesitelistedabove,please pass this request to the property manager or
owner as soon as possible.
Our contractor was refused access to perform a meter exchange at the address listed above.This is our second written notice.We have also attempted to reach you by telephone.To avoidterminationofelectricserviceatthisaddress,you must contact us at the number providedbelow.
You are coMractuagobligto allow us safe and unencumbered access to our equipment.Meter access is a condition of electric service,as expressed in the Idaho Public UtilitiesCommission's Customer Relation Rules,namely Electric Service Regulation No.6,a copy ofwhichisenclosedforyourconvenience.Moreover,to the extent that access was denied
because of the type of meter being installed,please be aware that the Idaho Public Utilities
Commission has reviewed smart meter technology,including the prevailing scientific research
on consumer safety,and concluded that smart meters are safe and allowed for all customers inIdaho.If you would like additional informationregarding the electric regulations that governsRockyMountainPower's operations,review them at the Idaho Commission's website atpuc.idaho.gov.
Our new meters bring with them a host of benefits,enabling our customers to securely -
View Daily/Hourly/15-Minuteinterval usage data through your Rocky Mountain Poweraccount
Set billing thresholds and alerts throughour website and mobile application
Automaticallysend notifications whenever your power is interrupted and subsequently
restored
Rocky Mountain Power will also be able to troubleshoot abnormal electric voltage or current
issues on our lines that could impact the qualityof your service.Our meters deliver whole
home usage data through a secure LTE network and do not connect with any additional smart
devices installed at your site or external networks.Your data is safe and no personal
information is ever shared with outside parties.
(Continued on reverse side)
ROCKY MOUNTAINPOWER
Second Revision of Sheet No.6R.1LP.O.C.No.I Canceling Virst Revision of Sheet No.6R.1
Ei,E(IRICSERVICEREGULATION NO.6
NTATE OF IDAllO
Company's Installation
1.COMPANY'N INSI Al I.ATION
I acept as otherwise provided m these Regulations,an I:Icetne Scruce Agreement.or the Electr:eSerneeSchedules,the Company «d!matall and maintam its Imes and equipment on its side of thePomtofDeliverv.but shall not be required to install or nuintain any Imes or equipment exceptmetersandaccesoriesbeyondthatpointOnlytheCompanyisauthorizedtomaketheconnectionsatthePointofDebtery.Licetric sernec turmshed under this tanff will be alternating curTem.60hertz.smyle or three-phasc.Primarv service soltayc will tac at one of the nominal standard voltageavadabicfromtheCompanyatorneartheCustomerskwation.Secondarv senice voltage will beirm11edto:
Smyic-phasc.120 volts.2-wire.proundedSmyle-phase.120 240 volts.3-wire.groundedSmyle-phase.240 4NU volts.3-n Ire.prounded
Ihree-phase,20SY 120 vohs.4-wirc.prounded,«veIbree-phase.450Y 2T'volts.4-wire.prounded,wve
2.COMPAM FACILITIENO.N (TNTONIER'NPREMINEN(a)AI!matenah fumished and mstalled by the Company on the Customer's prem:ses.shall be,and remain,tbc property of the Company.1he customer shall not break the Company'smeterseals.In the et ent of law or damage to the Company's property.ansm;from neglcetcarelessness,or mouse by the Customer.the cost of necessarv repairs or repheement shallbepa:d by the customer.
(b)Customer without expense to the Company shall make or procure conveyance to theCompanyofsatisfactoryRights-of ay Easements across the property owned or controlledbytheCustomerfortheCompany's imes or extensions thereof necessary or meldental to thefurmshmyofservicetotheCustomer.
(c)t he Customer shan p:rmit sate,access to Company's represen:atis cs at all hours to maintaintheComp,my's cicetrie dismbution facilitic.s.The Customer shall also pcmut the Companytoinmtree,and other vcpetanon to the extent necessarv to asoid mterference with theCompany%unes and to protcet pubbe saicty.
(d)the Customer shan provide saic.unencumbered acces to Company s representatises atreas<mable times,for the purpose of readmg meters.inspecting.repamng or removingmetennydevicesandwiringoftheCompany.
Submated t nder Case No.PAC-L-19-12
thNt Lik Septemiwr 1.4.2019 El-FEf ilkE:January A 2020
Page 2
Please contact us at 1-800-895-0631 immediately to resolve access issues and to set an
appointmentto have your meter updated.We are happy to answer any additional questions
you may have regarding the new meter and look forward to working with you.
If we do not hear from you within 15 days from the date of this letter to resolve this issue,we
will refer your account to our service disconnection process.We look forward to hearing from
you and will always consider it a privilege to serve you.
Kind Regards,
Rocky Mountain Power
Para rnós información,llame al 1-888-225-2611 para hablar con un especialista en español.
ROCKY MOUNTAIN o 1407West North TemplePOWERaSaltbeOgUmh8406
A DMSION OF PACIFICORP
Jacoba Van Mastrigt
5447 E Hacienda Dr
Idaho Falls ID 83406 8228 CC
DearJacoba Van Mastrigt:
You can count on us to provide the affordable and consistent power you need.We're usingstate-of-the-arttechnology to deliver dependable power as we plan for the future.
We were recently in your area to upgrade your existing electric meter,but our installer couldn't
access the meter base at 5447 E Hacienda Dr,Idaho Falls,Idaho.As required by the Idaho PublicServiceCommission,clear and safe access must be available to electric meters for inspection,maintenance,meter upgrades,and to enable us to respond to any emergencies.
The Idaho Public Utilities Commission has reviewed smart meter technology,and the prevailingscientificresearchonconsumersafety,and concluded that smart meters are allowed in Idahowithoutanyalternativemeteringoptions.
Please call 1-800-895-0631within 15 days of receiving this letter to resolve any access issues
and set an appointment to have your meter updated.We are happy to answer any questionsyoumayhaveregardingthenewmeterandlookforwardtoworkingwithyou.
Kind Regards,
Rocky Mountain Power
Para más información,llame al 1-888-225-2611para hablar con un especialista en español.
To:Whom it may concern Date:December 1,2022RockyMountainPower
1407 West North Temple
Salt Lake City,UT 84116
From:Jacoba H.van Mastrigt
5447 E.Hacienda Dr.
Idaho Falls,Idaho
RE:Smart Meter Installation
Dear Sir or Mam,
This is in reply to your undated and unsigned letter I received on November21,2022 instructingmetocallyour800numbertoresolveanyaccessissuesandsetanappointmenttohavemyexistingmeterupdatedwithyour"smart"of "advanced"digital utilitymeter.Please find attached my CONDITIONALACCEPTANCE and your original undated andunsignedletterwithmy"Returned for Cause"statement printed thereon.Be advised that I never requested a "smart"or "advanced"digital utilitymeter to beinstalledonmyprivateproperty/home and will not do so in the future.My current meter hasbeenservingmewellalltheseyearssoIseenoneedtohaveitreplaced.For some strange reason Rocky Mountain Power Co.wants to change terms of a long-standing agreement/contract without providing me with "full disclosure"of not onlythe terms oftheproposedchanges,but the truth of everything a customer has a right to know about the prosandconsofthe"smart"or "advanced"digital utility meters and smart grid.Also,be advised that my privateproperty is posted with No Trespassing signs andLawfulNoticeofseverecivilpenaltiestoanywould-be installers and unauthorized intruderswhoenterwithoutmyexpresswrittenpermissiontocomeontomyprivateproperty.Further,I donotauthorizeanyofyourinstallersoryourthird-party contract installers to come upon myprivatepropertyatanytimeforanyreason.
Please note that,YOUR METER READER(S)ONLY HOWEVER,ARE STILLWELCOMETOCOMEONTOMYPRIVATEPROPERTYASBEFORETOREAD THEEXISTINGELECTRICMETERONLY,JUST AS IT HAS BEEN DONE OVER THELAST35ORSOYEARS.Note that I have not previously requested to change any aspect ofourlong-standing relationship.It is your company that is making all the fuss here!It is my desire for you to Cease and Desist in all your unlawful and unnecessary actionagainstmeimmediately,including tryingto sell me a stupid smart meter.You are causing me agreatdealofunnecessarystressandanxietyatmyoldageof99oversomethingwhichwon'tbenefitmeanyway.Please NO NOT TRESPASS!
Very truly,
acoba H.van Mastrigt
To:Whom it may concern Date:December 1,2022RockyMountainPower
P.O.Box 400
Portland,OR 97207
From:JacobaH.van Mastrigt
5447 E.Hacienda Dr.
Idaho Falls,Idaho
RE:Smart Meter Installation
Dear Sir or Mam,
This is in reply to your undated and unsigned letter I received on November 21,2022 instructingmetocallyour800numbertoresolveanyaccessissuesandsetanappointmenttohavemyexistingmeterupdatedwithyour"smart"of "advanced"digital utilitymeter.Please find attached my CONDITIONALACCEPTANCE and your original undated andunsignedletterwithmy"Returned for Cause"statement printed thereon.Be advised that I never requested a "smart"or "advanced"digital utilitymeter to beinstalledonmyprivateproperty/home and will not do so in the future.My current meter hasbeenservingmewellalltheseyearssoIseenoneedtohaveitreplaced.For some strange reason Rocky Mountain Power Co.wants to change terms of a long-standing agreement/contract without providing me with "full disclosure"of not only the terms oftheproposedchanges,but the truth of everythinga customer has a right to know about the prosandconsofthe"smart"or "advanced"digital utilitymeters and smart grid.Also,be advised that my privatepropertyis posted with No Trespassing signs andLawfulNoticeofseverecivilpenaltiestoanywould-be installers and unauthorized intruderswhoenterwithoutmyexpresswrittenpermissiontocomeontomyprivateproperty.Further,I donotauthorizeanyofyourinstallersoryourthird-party contract installers to come upon myprivatepropertyatanytimeforanyreason.
Please note that,YOUR METER READER(S)ONLY HOWEVER,ARE STILLWELCOMETOCOMEONTOMYPRIVATEPROPERTYASBEFORETOREADTHEEXISTINGELECTRICMETERONLY,JUST AS IT HAS BEEN DONE OVER THELAST35ORSOYEARS.Note that I have not previously requested to change any aspect ofourlong-standing relationship.It is your company that is making all the fuss here!It is my desire for you to Cease and Desist in all your unlawful and unnecessary actionagainstmeimmediately,including trying to sell me a stupid smart meter.You are causing me agreatdealofunnecessarystressandanxietyatmyoldageof99oversomethingwhichwon'tbenefitmeanyway.Please NO NOT TRESPASS!
Very truly,
Jacoba H.van Mastrigt -
To:Whom it may concern Date:December 1,2022
ROCKY MOUNTAIN POWER &
GARY W.HOOGEVEEN,PRESIDENT
PACIFICORP
1407 West North Temple
Salt Lake City,UT 84116
From:Jacoba H.van Mastrigt
5447 E.Hacienda Dr.
Idaho Falls,Idaho
RE:Smart Meter Installation
CONDITIONAL ACCEPTANCE
READ CAREFULLY
Notice to Agentis Notice to Principle -Notice to Principle is Notice Agent
BE IT KNOWN,it is not my intention to harass,intimidate,offend,conspire,blackmail,coerce,or cause anxiety,alarm or distress.This document and attachments are presented with honorable and peaceful intentions.
Regarding your undated and unsigned letter received on November 21,2022 instructingme to call your
800 number within 15 days in order to resolve any access issues to my property and set an appointment to
have my meter updated with a "smart"meter,I conditionallyaccept your offer to do so in order to update myelectricpowermetertoasonamed"smart"meter,upon proof of claim and satisfaction of the following
points:
1.Upon proof of claim that Rocky Mountain Power is not making an offer to modify a contract withoutprovidingfulldisclosureofthetruefactsandterms,and further;
2.Upon proofof claim that in order for Rocky Mountain Power to modify or change the terms of a contract
with one of its customers,that they do not need to provide full disclosure and obtain consent,and further;
3.Upon proofof claim that it is not my position and wish to not have a "smart"or "advanced"digital utility
meter installed on my private property/home at any time,and further;
4.Upon proof of claim that by you attempting to pressure me into accepting your unsafe and harmful
"smart"or "advanced"digital utility meter contrary to my wishes and betterjudgment,is not causing
this 99-year old woman with health concerns,undue stress,worry,and a negativeimpact upon my health,
and further;
5.Upon proof of claim that my deep concerns about the dangers and safety of "smart"or "advanced"digitalutilitymetersarenotvalidconcerns,and that there is not overwhelmingevidence and testimony from
credible sources from around the world confirmingmy concerns about the dangers and safety of such
meters,which is completely contrary to the false,self-serving,and fraudulent information put out by
Rocky Mountain Power Co.that they are safe and non-harmful,and further;
CONDITIONAL ACCEPTANCE.Cont'
6.Upon proof of claim that my current electric meter is not serving me well,and that it is not true that a"smart"meter would not benefit me in any way,and that any benefits of such a meter would however,benefit Rocky Mountain Power and their third-partyorganizations at my detriment,and further;
7.Upon proof of claim that the Rocky Mountain Power "smart"or "advanced"digital utility meter andgridisnotadisruptiveandharmful"Trespassing Technology",and further;
8.Upon proof of claim that Rocky Mountain Power Co.and the Idaho PUC are not involvedin collusion
together against me to defraud me of my Rights by the forms and use of colorable law,and that they
are not in concert of action between them for fraudulent or deceitful purposes against me,and further;
9.Upon proof of claim that the Idaho PUC does not lack lawful authorityor right to encourage and allow
any public utility to use threat,duress,and or coercion to violate any contract(s)between the utility and
customer or to allow a public utility to impose their unreasonable,arbitrary,capricious,and mono-
polistic will upon their customers without their consent knowingthat there are no other options/
utilities for the customers to choose from,and further;
10.Upon proof of claim that Rocky Mountain Power Co.can force me to purchase a product from them
against my will and consent and hold me hostage for energy,knowing that there are no other providers
or options available to customers,and further;
11.Upon proof of claim that it is not true that the PUC lacks lawful authorityto mandate,order,or imposeanythinguponfreeinhabitantsandtheirprivateproperty,and that if they cannot do so then neither can
a public/private corporation or business impose the same,and further;
12.Upon proof of claim that Rocky Mountain Power Co.and the Idaho PUC are not holding me hostage in
order to extort a Right(s)from me so that I may continue to receive the energy I need to power and
heat my home,and further;
13.Upon proof of claim that my current power meter has not been paid for by my payments through my
monthly electric power bills for over 35 years,and that I do not actually own my current meter,and
that possession is not nine-tenths of the law,and further;
14.Upon proof of claim that the smart meter does not have sophisticated surveillance and control capabilities
designed to gather informationabout me by monitoring my personal and private habits and routines byRockyMountainPower,and that Rocky MountainPower will not sometime in the near future use this
information against me in some way to control my habits and routines by deciding when and how much
energy I can use,as well as how and when I can use a particular appliance,or that I must pay a fme for
using more power than the power control gods deem necessary,and further;
15.Upon proof of claim that the smart meter does not have sophisticated capability of monitoring,logging,
storing,sharing,and disseminating,my personal and private information about sensitive aspects of my
personal and private life without my knowledge and consent,and further;
16.Upon proof of claim that any government agencies,police departments,and hackers will not have free
and unfettered access to my personal informationand private habits and routines as collected by thesurveillancecapabilityofthesmartmeter,and further;
17.Upon proof of claim that Rocky Mountain Power would not be unlawfullysearching my house and or
my person,and effects and seizing such information about my personal and private habits and routines
CONDITIONAL ACCEPTANCE 2
CONDITIONAL ACCEPTANCE,Cont'
via the smart meter without a lawful search warrant or my consent and that this would not be contrary to
my Fourth Amendment Right and the law,and further;
18.Upon proof of claim that your smart meter,once installed,is not a "Trespassing Technology"whichwouldnotonlybeaninvasionofmyprivacy,but a harmful life-disruptingtechnology as well,andfurther;
19.Upon proofof claim that if Rocky Mountain Power installs a smart meter on my private property without
my consent,the original service contract between the utility and the account holder myselfwould not be
deemed to have been breached,and that I would not have lawful remedies for such breach of contract,and further;
20.Upon proof of claim that I would not have substantial lawful remedy for any and all harm or loss causedbyTrespassingTechnology,according to tort law,criminal law,strict liability,negligence,and ultra-
hazardous activity on the part of Rocky Mountain Power regarding the installation of a smart meter onmyprivateproperty,and further;
21.Upon proof of claim that the smart meter(s)that Rocky Mountain Powers installs does not unlawfullyemithigh-energy density pulsed microwave frequencies harmful to biological organisms and or emit
waste electricity in the form of voltage transients (aka "dirty electricity")also harmful to biological
organisms,and further;
22.Upon proof of claim that installed so named "smart"or "advanced"digital utility meters and relatednetworktechnologieshavenotbeendemonstratedtocausefires,cause hacking vulnerability,andfacilitateerroneouslyhighcustomerutilitybills,and further;
23.Upon proof of claim that installed so named "smart"or "advanced"digital utility meters and relatednetworktechnologiescannotanddonotrecordandtransmitdataforthepurposeofsurveillanceof
personal activities in the private dwellings and or workplaces of all utility customers without disclosure,without a lawful warrant,and without consent,and further;
24.Upon proof of claim that a U.S.Congressional Research report entitled "Smart Meter Data:Privacyand
cybersecurity "(February 3,20 12)does not state,"With smart meters,police will have access to datathatmightbeusedtotrackresidents'daily lives and routines while in their homes,including theireating,sleeping,and showeringhabits,what appliances they use and when,and whether theypreferthetelevisiontothetreadmill,among a host of other details.",and all without a lawful search
warrant issued,and further;
25.Upon proof of claim that in 2016,a major "smart"meter data aggregator,Onzo Ltd (UK),did not release
a marketing video stating,"We use this characterized profileto give the utility...the ability tomonetizetheircustomerdatabyprovidingadirectlinktoappropriatethird-party organizations
based on the customer's identified character.",and further;
26.Upon proofof claim that Rocky Mountain Power will not monetize the data they would unlawfullymine
by way of a "smart"meter,from my private activity and that they will not provide a direct link to"appropriate"third-party organizationsbased on my identified character,all without my knowledge,consent,of any lawful search warrant as required by law (The Fourth Amendment to the Constitution),
and further;
27.Upon proof of claim that your Trespassing Technology (smart meter)and related infrastructure would
CONDITIONAL ACCEPTANCE 3
CONDITIONAL ACCEPTANCE,Cont'
not be mounted on or adjacent to my private property,including but not limited to bodies of livingmen
and women,without first acquiring their explicit consent,and further;
28.Upon proof of claim that it is not true that Rocky Mountain Power will not justlycompensate me,nor
consult with me,nor even inform me that my private property would be utilized as a relay station for thenetworksrelatedtotheTrespassingTechnologyonceasmartmeterisinstalled,and further;
29.Upon proof of claim that your Trespassing Technology does not create a previously non-existentvulnerabilityanddiminishmyprivatedwellingsecuritybyfunctioningasanunsecuredwirelessdigital
gateway into my private property/home,and further;
30.Upon proof of claim that I and any other inhabitants in my home would not become subject to whatever
the desires of Rocky Mountain Power,or government are,or hackers who wishes to remotely interrupt
or control the supply of energy to appliance(s)within my private dwelling or to my entire,dwelling,andfurther;
31.Upon proof of claim that there have not been any fires and deaths associated with the smart meter
Trespassing Technology such as in Vacaville,CA,Dallas,TX,and Reno,NV,and further;
32.Upon proof of claim that due to safety risks,PECO ENERGY CO (Pennsylvania)did not announce in2012,the removal of 96,000 so named "smart meters";and that the PROVINCE OF SASKATCHEWAN
(Canada)did not announce the removal of all of their 105,000 so named "smart meters"in 2014;and thatPORTLANDGENERALELECTRIC(Oregon)did not announce removal of 70,000 so named "smart
meters"in 2014;and that CITY OF LAKELAND (Florida)did not announce removal of more than
10,000 so named "smart meters"in 2014,all for safety reasons,and further;
33.Upon proof of claim that thousands of so named "smart meters"did not simultaneously explode in
Stockton,California in 2015,and further;
34.Upon proof of claim that the "smart"meter Trespassing Technology has not caused disruptiveinterferencethathasresultedininjuriestolivingoccupants,includingbut not limited to,men and
women with medical implants,and that the interference has not yet been mitigated in any meaningful
way,and further;
35.Upon proof of claim that it is not true that,according to a vast body of published science,microwaveradiationisproventobeharmfulanddamagingtoallbiologicalorganisms,down to the cellular andmolecularlevel,at relativelylow power densities,and further;
36.Upon proof of claim that the "smart"meter Trespassing Technology has not been measured to emit
pulsed radiation between hundreds and tens of thousands of times greater intensity than cell phones,
and as a direct result,there are at least thousands of reports of individuals suffering functionalimpairmentandorillnesssincetheinstallationofTrespassingTechnologywheretheylive,and further;
37.Upon proof of claim that the industry claims that the "smart"meter Trespassing Technologyis "safe"
or "harmless"are not false and misleading;and are not based on training,propaganda techniques,and
the time-averaging of pulsed emissions,rather than the emission values of the pulses,and further;
38.Upon proof of claim that it is not true that several thousand scientific studies have concluded there areharmfulbiologicaleffectsfromexposuretoelectromagneticfrequenciesatpowerdensitieslowerthan
CONDITIONAL ACCEPTANCE 4
CONDITIONAL ACCEPTANCE,Cont'
is emitted by the "smart"meter Trespassing Technology,and that the claims by power company and
government employees that the Trespassing Technology is harmless,are self-serving and fraudulent,
and further;
39.Upon proof of claim that a significant number of government agencies have not released statements
confirmingthat agencies such as the US Federal Communications Commission (FCC),Health Canada
and the InternationalCommission on Non-IonizingRadiation (ICNIRP)have "safety"guidelines for
microwave radiation exposure which are insufficient for functioningas a guideline,because they are
based solely on thermal effect,and do not take into account any of the body of several thousand
published,peer-reviewed scientific studies showing harmfulnon-thermal effects,and further;
40.Upon proofof claim that the "smart"meter Trespassing Technology does not create measurable voltage
transients,also known as dirty electricity,on existing electrical wiring,at levels that are harmful and
damaging to all biological organisms,and further;
41.Upon proof of claim that the "smart"meter Trespassing Technology does not cause systemic
inaccuracies in billing,resulting in electricity customers paying unjustamounts for unused,or wasted
energy,and further;
42.Upon proof of claim that as a result of wasted energy caused by voltage transients due to Trespassing
Technology,that ground voltage has also not been measure in areas where "smart"meter Trespassing
Technology is deployed,and that this is also not harmful and damaging to all biological organisms,andfurther;
43.Upon proof of claim that the gathering of information by Rocky Mountain Power via a smart meter about
my personal and private habits and routines without my knowledge and consent would not be unlawful,
and further;
44.Upon proof of claim that I do not have and hold certain natural/unalienable Rights,as well as
Constitutionallysecured rights,privileges and immunities,and further;
45.Upon proof of claim that I do not have a lawful right to be secure in my person,houses,papers,and
effects,against unreasonable searches and seizures,and that these rights shall not be violated,as statedintheFourthAmendmenttotheConstitutionfortheUnitedStatesofAmerica,and further;
46.Upon proof of claim that it is not true,that if tapping someone's telephone or entering their home/private
property without a lawful search warrant is unlawful and a crime,then it would equally be true thattappingmyprivateelectricalsystembywayofa"smart"or "advanced"utility meter for sensitive
personal and private informationwithout a lawful search warrant would also be unlawful and a crime,
and that in law,there is no difference between the two scenarios,and further;
47.Upon proofof claim that the Fourth Amendment of the Bill of Rights does not apply to me,and further;
48.Upon proof of claim that it is not true that,I would no longer be "secure",which is my Fourth Amend-
ment right,in my person,houses,and effects,once a smart meter is installed on my home,and further;
49.Upon proof of claim that Article V of the Bill of Rights does not say that I cannot "be deprived of life,liberty (rightto privacy and freedom from coercion),or property (informationon my personal and private
habits and routines),without due process of law,and further;
CONDITIONAL ACCEPTANCE 5
CONDITIONALACCEPTANCE,Cont'
50.Upon proof of claim that Rocky Mountain Power would not be denyingme my right to due process oflawbygathering/takingpersonal and private information about my personal and privatehabits androutinesviathesmartmeter,and then using,sharing,and disseminating said information all without alawfulsearchwarrant,and without my knowledgeand consent,and further;
51.Upon proofof claim that it is not true that,I did not request a "smart"meter nor did I start thiscontroversy,when in fact it was Rocky Mountain Power Co.that did so.
Your timelyresponse (21 days)from your receipt of this Conditional Acceptance,must be in affidavit form,under your full commercial liability,rebutting each of the points of the undersigned,on a point-by-pointbasis,that the facts contained therein,are true,correct,complete and not misleading.Declarations areinsufficient,as declarations permit lying by omission,which no honorable draft may contain.Any otherresponsebeyondthedateofthisCONDITIONALACCEPTANCEisunacceptableandinvalid.You mustprovidemewithalegitimateandlawfulanswer.Silence to this document is contempt and dishonorable.
With explicit reservation of all of my God-givenunalienable Rights,my Constitutionally secured Rights,privileges,and immunities,none waived,and without prejudice.
Very Truly,In Proper Person,Special,with Assistance,
Jacoba H.van Mastrigt,Sui Juris /Date
Witness to Signattire 'Date
Witness to Signature Date
CONDITIONALACCEPTANCE 6
To:Whom it may concern Date:December 1,2022
ROCKY MOUNTAIN POWER &
GARY W.HOOGEVEEN,PRESIDENT
PACIFICORP
P.O.Box 400
Portland,Oregon 97207
From:Jacoba H.van Mastrigt
5447 E.HaciendaDr.
Idaho Falls,Idaho
RE:Smart Meter Installation
CONDITIONAL ACCEPTANCE
READ CAREFULLY
Notice to Agentis Notice to Principle -Notice to Principle is Notice Agent
BE IT KNOWN,it is not my intention to harass,intimidate,offend,conspire,blackmail,coerce,or cause anxiety,
alarm or distress.This document and attachments are presented with honorable and peaceful intentions.
Regarding your undated and unsigned letter received on November 21,2022 instructingme to call your
800 number within 15 days in order to resolve any access issues to my property and set an appointment to
have my meter updated with a "smart"meter,I conditionallyaccept your offer to do so in order to update myelectricpowermetertoasonamed"smart"meter,upon proof of claim and satisfaction of the following
points:
1.Upon proof of claim that Rocky Mountain Power is not making an offer to modify a contract without
providingfull disclosure of the true facts and terms,and further;
2.Upon proof of claim that in order for Rocky Mountain Power to modify or change the terms of a contract
with one of its customers,that they do not need to provide full disclosure and obtain consent,and further;
3.Upon proofof claim that it is not my position and wish to not have a "smart"or "advanced"digital utility
meter installed on my private property/home at any time,and further;
4.Upon proof of claim that by you attempting to pressure me into accepting your unsafe and harmful
"smart"or "advanced"digital utility meter contrary to my wishes and betterjudgment,is not causing
this 99-year old woman with health concerns,undue stress,worry,and a negativeimpact upon my health,
and further;
5.Upon proofof claim that my deep concerns about the dangers and safety of"smart"or "advanced"digitalutilitymetersarenotvalidconcerns,and that there is not overwhelmingevidence and testimony from
credible sources from around the world confirmingmy concerns about the dangers and safety of such
meters,which is completely contrary to the false,self-serving,and fraudulent information put out by
Rocky Mountain Power Co.that they are safe and non-harmful,and further;
CONDITIONAL ACCEPTANCE.Cont'
6.Upon proof of claim that my current electric meter is not serving me well,and that it is not true that a"smart"meter would not benefit me in any way,and that any benefits of such a meter would however,
benefit Rocky Mountain Power and their third-partyorganizations at my detriment,and further;
7.Upon proof of claim that the Rocky Mountain Power "smart"or "advanced"digital utility meter andgridisnotadisruptiveandharmful"Trespassing Technology",and further;
8.Upon proof of claim that Rocky Mountain Power Co.and the Idaho PUC are not involved in collusion
together against me to defraud me of my Rights by the forms and use of colorable law,and that they
are not in concert of action between them for fraudulent or deceitful purposes against me,and further;
9.Upon proof of claim that the Idaho PUC does not lack lawful authorityor right to encourage and allow
any public utility to use threat,duress,and or coercion to violate any contract(s)between the utility and
customer or to allow a public utility to impose their unreasonable,arbitrary,capricious,and mono-
polistic will upon their customers without their consent knowing that there are no other options/
utilities for the customers to choose from,and further;
10.Upon proof of claim that Rocky Mountain Power Co.can force me to purchase a product from them
against my will and consent and hold me hostage for energy,knowing that there are no other providers
or options available to customers,and further;
11.Upon proof of claim that it is not true that the PUC lacks lawful authority to mandate,order,or imposeanythinguponfreeinhabitantsandtheirprivateproperty,and that if they cannot do so then neither can
a public/private corporation or business impose the same,and further;
12.Upon proof of claim that Rocky Mountain Power Co.and the Idaho PUC are not holding me hostage in
order to extort a Right(s)from me so that I may continue to receive the energy I need to power and
heat my home,and further;
13.Upon proof of claim that my current power meter has not been paid for by my payments through my
monthlyelectric power bills for over 35 years,and that I do not actually own my current meter,and
that possession is not nine-tenths of the law,and further;
14.Upon proofof claim that the smart meter does not have sophisticated surveillance and control capabilities
designed to gather information about me by monitoring my personal and private habits and routines by
Rocky Mountain Power,and that Rocky Mountain Power will not sometime in the near future use this
information against me in some way to control my habits and routines by deciding when and how much
energy I can use,as well as how and when I can use a particular appliance,or that I must pay a fme for
using more power than the power control gods deem necessary,and further;
15.Upon proof of claim that the smart meter does not have sophisticated capability of monitoring,logging,
storing,sharing,and disseminating,my personal and private information about sensitive aspects of my
personal and private life without my knowledge and consent,and further;
16.Upon proof of claim that any government agencies,police departments,and hackers will not have free
and unfettered access to my personal information and private habits and routines as collected by the
surveillance capability of the smart meter,and further;
17.Upon proof of claim that Rocky Mountain Power would not be unlawfullysearching my house and or
my person,and effects and seizing such information about my personal and private habits and routines
CONDITIONAL ACCEPTANCE 2
CONDITIONAL ACCEPTANCE,Cont'
via the smart meter without a lawful search warrant or my consent and that this would not be contrary to
my Fourth Amendment Right and the law,and further;
18.Upon proof of claim that your smart meter,once installed,is not a "Trespassing Technology"which
would not only be an invasion of my privacy,but a harmful life-disruptingtechnology as well,andfurther;
19.Upon proof of claim that if Rocky Mountain Power installs a smart meter on my private property without
my consent,the original service contract between the utility and the account holder myselfwould not be
deemed to have been breached,and that I would not have lawful remedies for such breach of contract,
and further;
20.Upon proof of claim that I would not have substantial lawful remedy for any and all harm or loss caused
by Trespassing Technology,according to tort law,criminal law,strict liability,negligence,and ultra-
hazardous activity on the part of Rocky Mountain Power regarding the installation of a smart meter on
my private property,and further;
21.Upon proof of claim that the smart meter(s)that Rocky Mountain Powers installs does not unlawfully
emit high-energy density pulsed microwave frequencies harmful to biological organisms and or emit
waste electricity in the form of voltage transients (aka "dirty electricity")also harmfulto biological
organisms,and further;
22.Upon proof of claim that installed so named "smart"or "advanced"digital utility meters and relatednetworktechnologieshavenotbeendemonstratedtocausefires,cause hacking vulnerability,and
facilitate erroneously high customer utility bills,and further;
23.Upon proof of claim that installed so named "smart"or "advanced"digital utility meters and related
network technologies cannot and do not record and transmit data for the purpose of surveillance of
personal activities in the private dwellings and or workplaces of all utility customers without disclosure,
without a lawful warrant,and without consent,and further;
24.Upon proof of claim that a U.S.Congressional Research report entitled "Smart Meter Data:Privacyand
cybersecurity"(February 3,2012)does not state,"With smart meters,police will have access to data
that might be used to track residents'daily lives and routines while in their homes,includingtheir
eating,sleeping,and showering habits,what appliances they use and when,and whether they
prefer the television to the treadmill,among a host of other details.",and all without a lawful search
warrant issued,and further;
25.Upon proof of claim that in 2016,a major "smart"meter data aggregator,Onzo Ltd (UK),did not release
a marketing video stating,"We use this characterized profileto give the utility...the ability to
monetize their customer data by providinga direct link to appropriatethird-party organizations
based on the customer's identified character.",and further;
26.Upon proofof claim that Rocky Mountain Power will not monetize the data they would unlawfullymine
by way of a "smart"meter,from my private activity and that they will not provide a direct link to
"appropriate"third-partyorganizations based on my identified character,all without my knowledge,
consent,of any lawful search warrant as required by law (The Fourth Amendment to the Constitution),
and further;
27.Upon proof of claim that your Trespassing Technology (smart meter)and related infrastructure would
CONDITIONAL ACCEPTANCE 3
CONDITIONAL ACCEPTANCE,Cont
not be mounted on or adjacent to my private property,including but not limited to bodies of livingmen
and women,withoutfirst acquiring their explicit consent,and further;
28.Upon proof of claim that it is not true that Rocky Mountain Power will not justlycompensate me,nor
consult with me,nor even inform me that my private property would be utilized as a relay station for the
networks related to the Trespassing Technology once a smart meter is installed,and further;
29.Upon proof of claim that your Trespassing Technology does not create a previously non-existentvulnerabilityanddiminishmyprivatedwellingsecuritybyfunctioningasanunsecuredwirelessdigital
gateway into my private property/home,and further;
30.Upon proof of claim that I and any other inhabitants in my home would not become subject to whatever
the desires of Rocky Mountain Power,or government are,or hackers who wishes to remotely interrupt
or control the supply of energy to appliance(s)within my private dwelling or to my entire,dwelling,andfurther;
3 1 Upon proof of claim that there have not been any fires and deaths associated with the smart meter
Trespassing Technology such as in Vacaville,CA,Dallas,TX,and Reno,NV,and further;
32.Upon proof of claim that due to safety risks,PECO ENERGY CO (Pennsylvania)did not announce in
2012,the removal of 96,000 so named "smart meters";and that the PROVINCE OF SASKATCHEWAN
(Canada)did not announce the removal of all of their 105,000 so named "smart meters"in 2014;and thatPORTLANDGENERALELECTRIC(Oregon)did not announce removal of 70,000 so named "smart
meters"in 2014;and that CITY OF LAKELAND (Florida)did not announce removal of more than
10,000 so named "smart meters"in 2014,all for safety reasons,and further;
33.Upon proof of claim that thousands of so named "smart meters"did not simultaneously explode in
Stockton,California in 2015,and further;
34.Upon proofof claim that the "smart"meter Trespassing Technology has not caused disruptive
interference that has resulted in injuries to living occupants,includingbut not limited to,men and
women with medical implants,and that the interference has not yet been mitigated in any meaningful
way,and further;
35.Upon proof of claim that it is not true that,according to a vast body of published science,microwave
radiation is proven to be harmful and damaging to all biological organisms,down to the cellular and
molecular level,at relativelylow power densities,and further;
36.Upon proof of claim that the "smart"meter Trespassing Technology has not been measured to emit
pulsed radiation between hundreds and tens of thousands of times greater intensity than cell phones,
and as a direct result,there are at least thousands of reports of individuals suffering functional
impairment and or illness since the installation of Trespassing Technology where they live,and further;
37.Upon proofof claim that the industryclaims that the "smart"meter Trespassing Technologyis "safe"
or "harmless"are not false and misleading;and are not based on training,propaganda techniques,and
the time-averaging of pulsed emissions,rather than the emission values of the pulses,and further;
38.Upon proof of claim that it is not true that several thousand scientific studies have concluded there are
harmful biological effects from exposure to electromagnetic frequencies at power densities lower than
CONDITIONAL ACCEPTANCE 4
CONDITIONAL ACCEPTANCE,Cont'
is emitted by the "smart"meter Trespassing Technology,and that the claims by power company andgovernmentemployeesthattheTrespassingTechnologyisharmless,are self-serving and fraudulent,
and further;
39.Upon proof of claim that a significant number of government agencies have not released statementsconfirmingthatagenciessuchastheUSFederalCommunicationsCommission(FCC),Health Canada
and the International Commission on Non-IonizingRadiation (ICNIRP)have "safety"guidelines formicrowaveradiationexposurewhichareinsufficientforfunctioningasaguideline,because they are
based solely on thermal effect,and do not take into account any of the body of several thousand
published,peer-reviewed scientific studies showing harmful non-thermal effects,and further;
40.Upon proof of claim that the "smart"meter Trespassing Technology does not create measurable voltage
transients,also known as dirty electricity,on existing electrical wiring,at levels that are harmful and
damaging to all biological organisms,and further;
41.Upon proof of claim that the "smart"meter Trespassing Technology does not cause systemic
inaccuracies in billing,resulting in electricity customers paying unjustamounts for unused,or wasted
energy,and further;
42.Upon proof of claim that as a result of wasted energy caused by voltage transients due to TrespassingTechnology,that ground voltage has also not been measure in areas where "smart"meter TrespassingTechnologyisdeployed,and that this is also not harmful and damagingto all biological organisms,andfurther;
43.Upon proofof claim that the gathering of information by Rocky Mountain Power via a smart meter about
my personal and private habits and routines without my knowledge and consent would not be unlawful,and further;
44.Upon proof of claim that I do not have and hold certain natural/unalienable Rights,as well asConstitutionallysecuredrights,privileges and immunities,and further;
45.Upon proof of claim that I do not have a lawful right to be secure in my person,houses,papers,and
effects,against unreasonable searches and seizures,and that these rights shall not be violated,as statedintheFourthAmendmenttotheConstitutionfortheUnitedStatesofAmericaandfurther;
46.Upon proof of claim that it is not true,that if tapping someone's telephone or entering their home/private
property without a lawful search warrant is unlawful and a crime,then it would equally be true thattappingmyprivateelectricalsystembywayofa"smart"or "advanced"utility meter for sensitive
personal and private information without a lawful search warrant would also be unlawful and a crime,and that in law,there is no difference between the two scenarios,and further;
47.Upon proof of claim that the Fourth Amendment of the Bill of Rights does not apply to me,and further;
48.Upon proof of claim that it is not true that,I would no longer be "secure",which is my Fourth Amend-
ment right,in my person,houses,and effects,once a smart meter is installed on my home,and further;
49.Upon proof of claim that Article V of the Bill of Rights does not say that I cannot "be deprived of life,liberty (right to privacy and freedom from coercion),or property (informationon my personal and private
habits and routines),without due process of law,and further;
CONDITIONAL ACCEPTANCE 5
CONDITIONALACCEPTANCE,Cont'
50.Upon proof of claim that Rocky Mountain Power would not be denyingme my right to due process oflawbygathering/takingpersonal and private information about my personal and private habits androutinesviathesmartmeter,and then using,sharing,and disseminating said information all without alawfulsearchwarrant,and without my knowledge and consent,and further;
51.Upon proof of claim that it is not true that,I did not request a "smart"meter nor did I start thiscontroversy,when in fact it was Rocky Mountain Power Co.that did so.
Your timely response (21 days)from your receipt of this Conditional Acceptance,must be in affidavit form,under your full commercial liability,rebutting each of the points of the undersigned,on a point-by-point
basis,that the facts contained therein,are true,correct,complete and not misleading.Declarations areinsufficient,as declarations permit lying by omission,which no honorable draft may contain.Any otherresponsebeyondthedateofthisCONDITIONALACCEPTANCEisunacceptableandinvalid.You mustprovidemewithalegitimateandlawfulanswer.Silence to this document is contempt and dishonorable.
With explicit reservation of all of my God-givenunalienable Rights,my Constitutionally secured Rights,privileges,and immunities,none waived,and without prejudice.
Very Truly,In Proper Person,Special,with Assistance,
JacobaH.van Mastrigt,Sui Juris /Bate
Witness to Signature Date
CONDITIONALACCEPTANCE 6
COURTESY NOTICE
Notice to Agent is Notice to Principle-Notice to Principle is Notice Agent
To:To whom it may Concern Date:1/03/23ROCKYMOUNTAINPOWER&GARY W.HOOGEVEEN,PRESIDENTPACIFICORP
1407 West North Temple
Salt Lake City,UT 84116
From:Jacoba H.van Mastrigt
5447 E.Hacienda Dr.
Idaho Falls,Idaho
Dear Sir or Mam,
Be it known,that on the I"day of December,2022,I sent you a CONDITIONALACCEPTANCEdatedDecember1,2022,giving you 21 days to respond.Thus far I have not received your response andconsequentlyafaulthasoccurred.
Perhapsthis is an oversight on your part or perhaps the Holidays interfered with you being able to give atimelyresponse.
Therefore,please accept my offer of an additional three (3)days,from the date of your receipt of thisCOURTESYNOTICE,to respond to my CONDITIONALACCEPTANCE (copy attached)of December1,2022.Again,your response to me must be in "affidavit"form,under your full commercial liability,thatthefactscontainedtherein,are true,correct,complete and not misleading.Declarations are insufficient,asdeclarationspermitlyingbyomission,which no honorable draft may contain.
I look forward to your timely response.
With explicit reservation of all my unalienable and Constitutionally secured Rights,Privileges andImmunities(Article 4:2:1)with none waived,and without prejudice.
Very Truly,in Proper Person,Spegi ,with Assistance,
Jac a H.van Mastrigt,In Sui Juris
Witness Signature #1 Witn ss Signature #2
COURTESY NOTICE
Notice to Agent is Notice to Principle-Notice to Principle is Notice Agent
To:To whom it may Concem Date:1/03/23ROCKYMOUNTAINPOWER&GARY W.HOOGEVEEN,PRESIDENTPACIFICORP
P.O.Box 400
Portland,Oregon 97207
From:Jacoba H.van Mastrigt5447E.Hacienda Dr.Idaho Falls,Idaho
Dear Sir or Mam,
Be it known,that on the 1st day of December,2022,I sent you a CONDITIONALACCEPTANCE datedDecember1,2022,giving you 21 days to respond.Thus far I have not received your response andconsequentlyafaulthasoccurred.
Perhaps this is an oversight on your part or perhaps the Holidaysinterfered with you being able to give atimelyresponse.
Therefore,please accept my offer of an additionalthree (3)days,from the date of your receipt of thisCOURTESYNOTICE,to respond to my CONDITIONALACCEPTANCE (copy attached)of December1,2022.Again,your response to me must be in "affidavit"form,under your full commercial liability,thatthefactscontainedtherein,are true,correct,complete and not misleading.Declarations are insufficient,asdeclarationspermitlyingbyomission,which no honorable draft may contain.
I look forward to your timely response.
With explicit reservation of all my unalienable and Constitutionally secured Rights,Privileges andImmunities(Article 4:2:1)with none waived,and without prejudice.
Very Truly,in Proper Person,Special,with Assistance,
tness Signature #1 Witness re #2
NOTICE OF FAULT
Notice to Agent is Notice to Principle--Notice to Principleis Notice Agent
To:To whom it may Concern Date:1/25/23ROCKYMOUNTAINPOWER&GARY W.HOOGEVEEN,PRESIDENTPACIFICORP
1407 West North Temple
Salt Lake City,UT 84116
From:Jacoba H.van Mastrigt
5447 E.Hacienda Dr.Idaho Falls,Idaho
Dear Sir or Mam,
Be it known,that a fault has occurred due to your silence and fàilure to answer my CONDITIONALACCEPTANCEofDecember1,2022,and my COURTESY NOTICEdated January3,2023,knowing that you have a legal andmoralobligationtospeak,as required by law,where an inquiry or offer left unansweredwould be intentionallymisleading,which can only be equated with fraud and contempt."Silence can only be equated with fraud when there is alegalandmoraldutytospeakorwhenaninquiryleftunansweredwouldbeintentionallymisleading."U.S.v PRUDDEN 424F.2d 1021;U.S.v TWEEL 550 F.2d 297,299,300 (1977)
Further,your choosingto stand mute indicates probable bad faith on your part (see "Definition").Expecting me tosooperateandthentämainingsilentandunwÏÏlingtoreplyinreturniscontempt,which is dishonomble.You seem tobeoperatingunderadoublestandardofarroganceandcontempt,which is unacceptable.
DEFINITION:FAULT-In American Law -Negligence;an error or defect ofjudgment or ofconduct;any deviation from prudence,duty,or rectitude;any shortcoming,or neglect ofcare or perfonnance resulting ÿom inattention,incapacity,or perversity;a wrongtendency,course,or act;bad faith or mismanagement;neglect ofduty.In Civil Law,"Negligence;want ofcare.An improper act oromission,injurious to another,and transpiring through negligence,rashness,or ignorance."Black's Law Dictionarv,Fourth EditionNonetheless,I give you the opportunity to cure your errors,and offer you 5 more days from date of receipt of thisNOTICEtorespondtosaidCONDITIONALACCEPTANCEofDecember1,2022.Again,your response is required.Failure to respond to this offer and my CONDITIONALACCEPTANCE of December 1,2022 will constitute adefaultonyourpartsignifyingyourtacitabandonmentofyourattempttoinstallasmartmeteronmyprivateproperty,and agreementto vacate this matter,forever barring you from any further action or attempts to install asmartmeteronmyprivatepropertylocateda5447EHaciendaDr.,Idaho Falls,Idaho.
With explicit reservation of all my unalienable and Constitutionally protected Rights,Privileges and Immunities(Article 4:2:1)with none waived,and without prejudice.
Very Truly,in Proper Person,Special,with Assistance,
coba H.van Maihi ŠuÍ Júri
itness to s re #1 Witne .to s'ignature #2
||
NOTICE OF FAULT
Notice to Agentis Notice to Principle -Notice to Principle is Notice Agent
To:To whom it may Concern Date:1/25/23ROCKYMOUNTAINPOWER&GARY W.HOOGEVEEN,PRESIDENTPACIFICORP
P.O.Box 400
Portland,Oregon 97207
From:Jacoba H.van Mastrigt
5447 E.Hacienda Dr.
Idaho Falls,Idaho
Dear Sir or Mam,
Be it known,that a fault has occurred due to your silence and failure to answer my CONDITIONALACCEPTANCEofDecember1,2022,and my COURTESY NOTICE dated January3,2023,knowing that you have a legal andmoralobligationtospeak,as required by law,where an inquiryor offer left unansweredwould be intentionallymisleading,which can only be equated with fraud and contempt."Silence can only be equated withÿaud when there is alegalandmoraldutytospeakorwhenaninquiryleftunansweredwouldbeintentionallymisleading."U.S.v PRUDDEN 424F.2d 1021;U.S.v TWEEL 550 F.2d 297,299,300 (1977)
Further,your choosing to stand mute indicates probable bad fàith on your part (see "Definition").Expecting me tocooperateandthenremainingsilentandunwillingtoreplyinreturniscontempt,which is dishonomble.You seem tobeoperatingunderadoublestandardofarroganceandcontempt,which is unacceptable.
DEFINITION:FAULT-In American Law -Negligence;an error or defect ofjudgment or ofconduct;any deviation.ßom prudence,duty,or rectitude;any shortcoming,or neglect ofcare or perfonnance resulting from inattention,incapacity,or perversity;awrongtendency,course,or act;badfaith or mismanagement;neglect ofduty.In Civil Law,"Negligence;want ofcare.An improper act oromission,injurious to another,and transpiring through negligence,rashness,or ignorance."Black's Law Dictionary,Fourth EditionNonetheless,I give you the opportunity to cure your errors,and offer you 5 more days from date of receipt of thisNOTICEtorespondtosaidCONDITIONALACCEPTANCEofDecember1,2022.Again,your response is required.Failure to respond to this offer and my CONDITIONAL ACCEPTANCE of December 1,2022 will constitute adefaultonyourpartsignifyingyourtacitabandonmentofyourattempttoinstallasmartmeteronmyprivateproperty,and agreementto vacate this matter,forever barring you from any further action or attempts to install asmartmeteronmyprivatepropertylocateda5447EHaciendaDr.,Idaho Falls,Idaho.
With explicit reservation of all my unalienable and Constitutionally protected Rights,Privileges and Immunities(Article 4:2:I)with none waived,and without prejudice.
ery Tr ly,in per Perso pe ial,Assi ance,
Ja o a H.van Mastrigt,Sui Juris
Wi s to signa e 1 "Witn s o signature #2
NOTICE OF DEFAULT '
Notice to Agent is Notice to Principle --Notice to Principle is Notice Agent
To:To whom it may Concern Date:February 15,2023ROCKYMOUNTAINPOWER&GARY W.HOOGEVEEN,PRESIDENT
PACIFICORP
1407 West North Temple
Salt Lake City,UT 84116
From:Jacoba H.van Mastrigt
5447 E.Hacienda Dr.
Idaho Falls,Idaho
Dear Sir or Mam,
Be it known,that due to your failure to respondto my CONDITIONAL ACCEPTANCE dated 12/01/22;myCOURTESYNOTICEdated1/03/23;and my NOTICE OF FAULT dated 1/25/23,you have shownto the worldyourindifferenceandcontemptforme,which is not only dishonorable but a disgrace as well.
Therefore,this NOTICE serves to inform you,ROCKY MOUNTAIN POWER;GARY W.HOOGEVEEN.PRESIDENT,PACIFICORP that you are now in DEFAULT due to your repeated silence to my chain of documents
and failure to perform a duty where you have a legal and moral obligation to speak,and this NOTICE serves asprimafacieevidenceofyoursilence,contempt.and dishonor in this matter.
"A default is an omission ofthat which ought to be done,and more specifically,the omission or failure to performa legal dutv.
The term also embraces the idea of dishonesty,or an act or omission discreditable to one's profession."Black's Law Dictionary.Fourth Edition
"Silence can only be equated with fi-aud when there is a legal and moral duty to speak or when an inquiry left unanswered would
be intentiona/ly misleading."U.S.v PRUDDEN 424 F.2d 1021;U.S.v TWEEL 550 F.2d 297,299,300 (1977)
Further,your silence to all my documents and correspondence,is your tacit agreement and acquiescence to my position as
enumerated in my CONDITIONAL ACCEPTANCEand letter of 12/01/22,and all subsequent documentation which youreceivedfromme,as well as your tacit acknowledgement and agreement that you have vacated this matter and that you have nofurtherintentiontoandwillnotinstallasmartmeteronmyprivatepropertylocatedat5447E.Hacienda Dr.,Idaho Falls,Idaho.
With explicit reservation of all my unalienable and Constitutionally protected Rights,Privileges and Immunities(Article 4:2:1)with none waived,and without prejudice.
Very Truly,in Proper Person,Special,with Assistance,
Jacoba H.van Mastrigt,In Sui Juris
Witness to signature #1 WÍtness to signature #2
NOTICE OF DEFAULT
Notice to Agentis Notice to Principle -Notice to Principle is Notice Agent
To:To whom it may Concern Date:February 15,2023ROCKYMOUNTAINPOWER&GARY W.HOOGEVEEN,PRESIDENT
PACIFICORP
P.O.Box 400
Portland,Oægon 97207
From:Jacoba H.van Mastrigt'
5447 E.Hacienda Dr.
Idaho Falls,Idaho
Dear Sir or Mam,
Be it known,that due to your fàilure to respondto my CONDITIONAL ACCEPTANCE dated 12/01/22;myCOURTESYNOTICEdated1/03/23;and my NOTICE OF FAULT dated 1/25/23,you have shown to the worldyourindifferenceandcontemptforme,which is not only dishonorable but a disgrace as well.
Therefore,this NOTICE serves to inform you,ROCKY MOUNTAIN POWER;GARY W.HOOGEVEEN,PRESIDENT,PACIFICORP that you are now in DEFAULT due to your repeated silence to my chain of documents
and failure to perform a duty where you have a legal and moral obligation to speak,and this NOTICE serves asprimafacieevidenceofyoursilence,contempt,and dishonor in this matter.
"A default is an omission ofthat which ought to be done,and more specgically,the omission or failure to performa legal duty.The term also embraces the idea ofdishonestv,or an act or omission discreditable to one's profession."Black's Law Dictionary,Fourth Edition
"Silence can only be equated withfi aud when there is a legal and moral duty to speak or when an inquiryleft unanswered would
be intentionallymisleading."U.S.v PRUDDEN 424 F.2d 1021;U.S.v TWEEL 550 F.2d 297,299,300 (1977)
Further,your silence to all my documents and correspondence,is your tacit agreement and acquiescence to my position as
enumerated in my CONDITIONAL ACCEPTANCEand letter of 12/01/22,and all subsequent documentation which youreceivedfromme,as well as your tacit acknowledgement and agreement that you have vacated this matter and that you have nofurtherintentiontoandwillnotinstallasmartmeteronmyprivatepropertylocatedat5447E.Hacienda Dr.,Idaho Falls,Idaho.
With explicit reservation of all my unalienable and Constitutionally protected Rights,Privileges and Immunities(Article 4:2:1)with none waived,and without prejudice.
Very Truly,in Proper Person,Special,with Assistance,
Jacoba H.van Mastrigt,I ui Juris
Witness to signature #1 Witness to signature #2
NOTICE OF ESTOPPEL 5 fr
BY ACQUIESCENCE
NOTICE TO AGENT IS NOTICE TO PRINCIPLE --NOTICE TO PRINCIPLE IS NOTICE TO AGENT
BE IT KNOWN,this 15"'day of February,2023,that you,ROCKYMOUNTAIN POWER and GARY W.HOOGEVEEN,PRESIDENT,PACIFICORP,by your "SILENCE"have tacitly acquiesced in the matterconcerningmyCONDITIONALACCEPTANCEdatedDecember1,2022,in which you were givenreasonableopportunitytorespondtimelyto,and by your "SILENCE"to my COURTESYNOTICE,datedJanuary3,2023,and your silence on my NOTICE OF FAULT dated January 25,2023.You therefore,werefoundinDEFAULT,signifyingthat a fraud has been perpetrated upon Me,pursuant to U.S.v.Tweel,550F.2d 297,299 (1977),thereby initiating the DOCTRINE OF ESTOPPEL BY ACQUIESCENCE,pursuant to Carmine v.Bowen,64 A.932 (1906),which is now in full force and effect upon you,ROCKYMOUNTAINPOWERandGARYW.HOOGEVEEN,PRESIDENT,PACIFICORP.
BE IT FURTHER KNOWN,that you,ROCKY MOUNTAIN POWER and GARY W.HOOGEVEEN,PRESIDENT,PACIFICORP are hereby estopped from any and all furtheraction(s),claims,counterclaims,demands,and or suits against me,concerning your matter involvingyour attempted installation of a smartmeteronmyprivatepropertylocatedat5447EHaciendaDr.,Idaho Falls,Idaho and myself.
NOW BE ADVISED,that you,ROCKY MOUNTAIN POWER and GARY W.HOOGEVEEN,PRESIDENT,PACIFICORP hereby agree and accept that any violation(s)of this ESTOPPLE will beconstrued,at the very least,a "tortious"offense against me making you liable for damages to me in theamountof$1,000,000.00 U.S.(One Million Dollars)due and payable upon demand within 30 days of suchdemand.Understandthat this is an implied and self-executing contract enforceable in court and that violatingthisESTOPPELandmovingagainstmeandormyprivatepropertyhereafteris"performance"on your part,and constitutes your acceptance of the terms of this ESTOPPEL.
If you do not wish to become subject to this implied contract,then DO NOT TRESPASS upon me or myprivatepropertyanyfurtherbyVIOLATINGthisESTOPPEL.
THIS IS AN IMPLIED CONTRACT -PERFORMANCE IS ACCEPTANCE
With explicit reservation of all my unalienable and Constitutionally secured and protected Rights,PrivilegesandImmunities(Article 4:2:1)with none waived,and without prejudice.
Very Truly,in Proper Person,Special,with Assistance,
Jacoba H.van Mastrigt,Sui Juris /Date'
Witness to signature #1 Witness to signaturb #2
NOTICE OF ESTOPPEL
BY ACQUIESCENCE
NOTICE TO AGENT IS NOTICE TO PRINCIPLE -NOTICE TO PRINCIPLE IS NOTICE TO AGENT
BE IT KNOWN,this 15*day of February,2023,that you,ROCKY MOUNTAIN POWER and GARY WHOOGEVEEN,PRESIDENT,PACIFICORP,by your "SILENCE"have tacitly acquiesced in the matterconcerningmyCONDITIONALACCEPTANCEdatedDecember1,2022,in which you were givenreasonableopportunitytorespondtimelyto,and by your "SILENCE"to my COURTESY NOTICE,datedJanuary3,2023,and your silence on my NOTICE OF FAULT dated January 25,2023.You therefore,werefoundinDEFAULT,signifying that a fraud has been perpetrated upon Me,pursuant to U.S.v.Tweel,550F.2d 297,299 (1977),thereby initiating the DOCTRINE OF ESTOPPEL BY ACQUIESCENCE,pursuant to Carmine v.Bowen,64 A.932 (1906),which is now in full force and effect upon you,ROCKYMOUNTAINPOWERandGARYW.HOOGEVEEN,PRESIDENT,PACIFICORP.
BE IT FURTHER KNOWN,that you,ROCKY MOUNTAIN POWER and GARY W.HOOGEVEEN,PRESIDENT,PACIFICORP are hereby estopped from any and all further action(s),claims,counterclaims,demands,and or suits against me,concerning your matter involvingyour attempted installation of a smartmeteronmyprivatepropertylocatedat5447EHaciendaDr.,Idaho Falls,Idaho and myself
NOW BE ADVISED,that you,ROCKY MOUNTAIN POWER and GARY W.HOOGEVEEN,PRESIDENT,PACIFICORP hereby agree and accept that any violation(s)of this ESTOPPLE will beconstrued,at the very least,a "tortious"offense against me making you liable for damages to me in theamountof$1,000,000.00 U.S.(One Million Dollars)due and payable upon demand within 30 days of suchdemand.Understandthat this is an implied and self-executing contract enforceable in court and that violatingthisESTOPPELandmovingagainstmeandormyprivatepropertyhereafteris"performance"on your part,and constitutes your acceptance of the terms of this ESTOPPEL.
If you do not wish to become subject to this implied contract,then DO NOT TRESPASS upon me or myprivatepropertyanyfurtherbyVIOLATINGthisESTOPPEL.
THIS IS AN IMPLIED CONTRACT -PERFORMANCE IS ACCEPTANCE
With explicitreservation of all my unalienableand Constitutionallysecured and protected Rights,PrivilegesandImmunities(Article 4:2:1)with none waived,and without prejudice.
Very Truly,in Proper Person,Special,with Assistance,
JacobaH.van Mastrigt,Sui Jurfs Ifate
Witness to signature #1 Witness to signatu e #2
COMPLAINT 20
To:Jan Noriyuki,Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise,ID 83720-0074
Date:March 18,2023
From:Samuel and Peggy Edwards
333 Shoshone Ave
Rexburg,Idaho 83440
RE:Installation of "Smart"Meter and threat of service disconnection
Dear Ma'am,
This COMPLAINT is a follow-upto an initial complaint which Peggy submitted to Idaho
Public Utility Commission in December 2022.Our complaint is still the same:there should be an
"opt-out"option for customers of ROCKY MOUNTAIN POWER/PACIFICORP who do not want
to upgrade their electric meter.
At this time,our case has become critical,and we ask for your intervention to immediately
stop the termination of our electric service by ROCKY MOUNTAIN POWER/PACIFICORP
scheduled for March 28,2023.Our COMPLAINT arises over matters concerning myself,Samuel,
and my wife,Peggy,and ROCKY MOUNTAIN POWER/PACIFICORP in regard to their intention
to install a Trespassing Technology known as a "Smart"type meter on our home,located at 333
Shoshone Ave;Rexburg,ID 83440 contrary to our existing and long-standing contractual agreement,
as well as our will and consent.We further request that a traditional meter replace our existing
electronic meter,even if a reasonable surcharge for regularly checking the meter were added to our
bill or if we were responsible to report the meter reading (e.g.-text/email a picture)on a regular
basis.
Please find attached our DECLARATION in the form of an AFFIDAVIT in support of this
letter of COMPLAINT,along with supporting Exhibits A,B,and C.
We,along with our 16-year old special-needs daughter and two other children,are currently
faced with the real possibility of havingour power/electrical service disconnected on 28 March 2023
(please see disconnect letter,Exhibit A).We have attempted over and over again,in good faith to
resolve all issues with ROCKY MOUNTAIN POWER/PACIFICORP which have led up to this
point where they are now threatening to shut our power off,in spite of the fact that access to the
meter has never been impeded for service and that we have always paid our power bill each month
and are currently not late with payment.They,in turn,are the aggressor operating in bad faith,using
strong-arm intimidation tactics,threat,duress,and coercion in order to upgrade the meter without
consideration for the will,privacy or medical effects which this upgrade would have upon us,the
property owners.
Last year,we received an undated and unsigned letter from ROCKY MOUNTAIN
POWER/PACIFICORP on or around November 22,2022 instructing us to call their 800 number
within 15 days to resolve any "access"issues and set an appointment to have our meter updated with
their (Trespassing Technology).In response to this letter,Peggy called ROCKY MOUNTAIN
POWER/PACIFICORP multiple times,including talking with an employee Christian #36743
CASE NO. PAC-E-23-05
twice.During these calls,Peggy explained that a power company technician (sub-contractor)had
come to our door in October requesting to install a smart meter,and we informed her that we were
contesting the unilateral insistence to replace our current power meter with a 5G Smart Meter.ShepolitelysaidthatsheunderstoodandwouldinformROCKYMOUNTAINPOWER/PACIFICORPofourresponse.Peggy also informed Christian #36743 that we have a special needs child who
currently sleeps about 8 feet from the location of the power meter and we are concerned about the
radio frequency waves to which she would be exposed by the 5G Smart Meter.As detailed in Exhibit
C and available in other documented medical research,non-ionizing electromagnetic radiation (e.g.
wireless technologies including smart meters)can lead to electro-sensitivity requiring
accommodation'.Peggy asked for an appropriate address to send a letter responding to the unsigned,
undated letter,so that we could formallycontest the assertion that the "installer couldn't access the
meter base".Delays with verifyingthe appropriate address to send our letter resulted in the letter
being sent in late February,arriving on 2 March 2023 at ROCKY MOUNTAIN
POWER/PACIFICORP's CEO Gary Hoogeveen's office in Portland,OR according to UPS Ground
tracking #1ZX048R30397898301.(see Exhibit C)
On March 3,we received ROCKY MOUNTAIN POWER/PACIFICORP's 22 February
2023 letter,subject "SECOND NOTICE:Required Access for Meter Upgrade at 333 ShoshoneAve
Rexburg,ID 83440"(Exhibit B),and that their contractor was refused "access"to perform a meter
(Trespassing Technology)exchange.This new letter also states that they have also attempted to
reach us by telephone,and that we are to call their 800 number to resolve this issue within 15 days,
or they will refer our account to their service disconnection process.In this same letter they also
claim that we are "contractually obligated to allow"ROCKY MOUNTAIN POWER/PACIFICORP
"safe and unencumbered access to our equipment.Meter service is a condition of electric service,as
expressed in the Idaho Public Utilities Commission's Customer Relations Rules,namely Electric
Service Regulation No.6,..."Be noticed that the word/term "access"in ROCKY MOUNTAINPOWER/PACIFICORP's letters to us is being improperly applied to mean something other than
what it really is (see explanationbelow).
On March 17,we received ROCKY MOUNTAIN POWER/PACIFICORP's 14 March 2023,
subject "FINAL NOTICE:Required Access for Meter Upgrade at 333 Shoshone Ave,Rexburg,Idaho"(Exhibit A).We are informed in this letter that our service will be terminated on 28 March,
2023.
INTRODUCTION [BRIEF HISTORY]
As it stands now,there has been in place for the past 3.5 or so years a relationship of a
"contractual"nature between us and ROCKY MOUNTAIN POWER/PACIFICORP (formally
UTAH POWER AND LIGHT),who currently provides us with electrical power to our home.I,in
turn naturally,have agreed to allow ROCKY MOUNTAIN POWER/PACIFICORP's (formerly
UTAH POWER AND LIGHT)meter reader(s)"access"of a "specified and limited"nature,not a
general unspecified and unlimited nature,to our private property each month specifically for them
to read our electrical power meter ONLY.No other access to our private property,implied or
otherwise was ever granted to ROCKY MOUNTAIN POWER/PACIFICORP (formerly UTAH
POWER AND LIGHT)at any time.Any other necessary "access",including troubleshootingpower
outages and making necessary repairs to electrical equipment located on our private property is
considered "special"in nature and would only be granted at the time,we,the private property owners
reported a power outage and or requested them to troubleshoot an electrical problem and make
necessary repairs ONLY.Therefore,ROCKY MOUNTAIN POWER/PACIFICORP (formally
UTAH POWER AND LIGHT)does not have autonomous authority in and of itself to access our
private property to troubleshoot and or make necessary repairs to electrical equipment or for any
I https://childrenshealthdefense.org/wp-content/uploads/Brief and-Addendum-Submitted-9-14.pdf accessed3/18/2023
2
other reason at any time,day or night until they receive notification from us authorizingand granting
them permission at that time,on a one-time basis only for them to proceed to do the specified request.Anythingother than this is a trespass,invasion of our privacy,security,unalienable Rights,including
our private property rights which cannot be diminished,as well as a violation of our existing
contractual agreement.
Let us be clear on this issue of "access"which ROCKY MOUNTAIN
POWER/PACIFICORPclaims that we are denying them.We and no one else in our home have ever
denied "access"to any of ROCKY MOUNTAIN POWER/PACIFICORP's meter readers or their
company repair personnel as per our previously agreed upon terms of our long-standing contractual
agreement over the years.However,there has never been in place any agreement for personnel from
any third-party company to trespass on my private property and tamper with our,in this case
electrical meter at any time,whether we are at home or if no one is at home,neither has there ever
been in place any agreement with ROCKY MOUNTAIN POWER/PACIFICORP to "access"our
private property to make a non-repair (or install a Trespassing Technology)when no request for such
type of service was ever made,and no defective electrical equipment on my private property exists.
So,if no defective electrical equipment exists on our private property and we did not call ROCKY
MOUNTAIN POWER/PACIFICORPto report any troubles/problems with our electrical service and
thus no electrical repairs were/are needed,what are there personnel doing on our private property
and or attempting to access our private property without our consent contrary to our existing
contractual agreement?
Understand that this whole issue surrounds a matter of an existing "contract"which ROCKYMOUNTAINPOWER/PACIFICORP are attempting to impair our obligation to.This contractual
relationship,as I said before has been in place since we moved in our home about 3.5 years ago
when we requested ROCKY MOUNTAIN POWER/PACIFICORP(formerly UTAH POWER AND
LIGHT)supply our home with electrical power,to which they agreed.This has worked smoothlywithoutanyproblemsordisputesuntillastyear,when ROCKY MOUNTAIN
POWER/PACIFICORP attempted to change the terms of our previously agreed upon and long
standing "contract"without consideration of individual customers'desires or full disclosure that
they were attempting to change said terms of or initiate a new contract without my knowledge and
consent in order for them to bullytheir way onto our private property to make a non-repair (or install
a Trespassing Technology)which is not part of our existing contractual agreement.
As you well know,for any changes to be made to a contract,both parties must be,in
agreement,and both parties must have a clear understanding of any and all terms and changes in
terms of said contract to be valid and binding.This is simply not the case in this matter.To allow
this abuse to continue would be a travesty of justice.ROCKY MOUNTAIN POWER/PACIFICORP
acknowledges the existence of our contractual relationship (see Exhibit A)but in a skewed and
twisted fashion,not relating the matter truthfully.They spread propaganda that smart meters are safe
without considering contrary evidence and portray objecting homeowners as the antagonist and an
uncooperative party for not wanting their smart meter Trespassing Technology,making us the "bad
guy".What is the marginal benefit of pressuring 100%of customers to adopt upgraded meters?If
90%of customers have already upgraded,isn't network awareness sufficiently improved to inform
outage restorations?Threatening service disconnection appears to be an overly coercive tactic to
achieve complete compliance and ignore alternatives (e.g.-self-reporting or a surcharge for meter
reading).Why does the IDAHO PUBLIC UTILITIES COMMISSION/Legislature support or
sanction this coercion which has become criminal (felonious)behavior?Other states offer "opt-out"
alternatives,so that 100%compliance is demonstrably unnecessary.
There is no one person or agency in the Idaho government advocating for the
people/inhabitants in their plight with ROCKY MOUNTAIN POWER/PACIFICORP,but there is a
government agency advocating for ROCKY MOUNTAIN POWER/PACIFICORP's position -the
IDAHO PUBLIC UTILITIES COMMISSION under the thumb of the state legislature.However,
the interpretationof the Commission on this matter so far does not honor the rights of the people of
3
Idaho to make decisions affecting their privacy or medical freedom.Where there is risk,there must
remain choice.So far as smart meter upgrades are concerned,IDAHO PUBLIC UTILITIES
COMMISSION appears only to consider the best interests of the utility company,and not the public
trust.
Understand,we have committed no wrong in this instant matter and have done our due
diligence in an attempt to resolve all issues in order to keep the peace and our electric power on.
ROCKY MOUNTAIN POWER/PACIFICORPhas been acting in bad faith and continue to walk in
dishonor.They are a huge corporate giant with endless fmancial resources coming against this small
single family who only desires to live in peace.This huge corporate giant seems to think that because
they operate as a government sanctioned monopoly,knowing that customers have no other option
or choice in power companies,they can just run roughshod over their perceived disobedient
customers to force their unlawful will (Trespassing Technology)upon them by use of deception,
lies,strong-arm intimidation tactics,threat,duress,and coercion (criminal acts)in order to covertly
alter a previously agreed upon "contract"without my knowledge and consent -HOLDING OUR
ELECTRICAL POWER SERVICE AS RANSOM.
This is a matter of the big bully on the block going around breaching the peace,terrorizing
and strong-arming the inhabitants in the neighborhood and bullyingtheir way onto their customer's
private property and into their private lives.This is criminal behavior and it must be stopped.
FACTUAL ALLEGATIONS
We,Samuel &Peggy Edwards,hereinafter referred to as complainant,in complaint of ROCKY
MOUNTAIN POWER/PACIFICORP and their Trespassing Technology,hereinafter referred to as
"violator",respectfully alleging various felonious acts being perpetrated upon complainant as
follows:
COUNT 1:Breach of the peace.ROCKY MOUNTAIN POWER/PACIFICORP's attempted
unlawful intrusion onto complainant's private property and into complainant's home resulting in a
breach of complainant's and other household members peace causing undue fear,emotional and
physical stress of complainant and other household members.
COUNT 2:Attempted extortion of complainant's will,consent,and rights through use of threat,
duress,and coercion in order to induce complainant to capitulate,by wrongful use of fear and
under color of official right to ROCKY MOUNTAIN POWER/PACIFICORP's unlawful
compulsion to accept their smart meter (Trespassing Technology)while holding the threat of
electrical service disconnection over complainant's head.
COUNT 3:Impairment of complainant's obligation of an existing contract between ROCKY
MOUNTAIN POWER/PACIFICORP and complainant by use of threat,deception,strong-arm
intimidation tactics,trickery,duress,and coercion.Violators are attempting to change terms of an
existing contract and or create a new contract with complainant in order to install a "smart"meter
(Trespassing Technology)without the authorization/consent of complainant by wrongful use of
fear and under color of official right,hoping complainant will grant coerced or tacit agreement for
such contract changes by either omitting to perform a particular act or through the performance of
a particular act induced under compulsion in order to get their smart meter (Trespassing
Technology)installed on complainant's home.
COUNT 4:Attempted extortion and takeover of complainant's private property for commercial
use.Violators,by wrongful use of fear and under color of official right are attempting to
commandeer complainant's private property in order to install a smart Meter "relay station"
4
(Trespassing Technology)on complainant's property for the sole benefit of ROCKY MOUNTAIN
POWER/PACIFICORP and outside third-party entities without any just authorization and
compensation to complainant for such.This would amount to theft,unlawful conversion of private
property,unjust enrichment,and violation of the complainant's FIFTH AMENDMENT right to not
"be deprived of life,liberty,or property,without due process of law".
COUNT 5:Attempted illegal wiretapping and extraction of personal and private information
without a lawfully issued and or executed search warrant,through the installation of an unlawful
(as no consent is given)surveillance/buggingdevice known as a smart meter (Trespassing
Technology).Smart meter capabilities include,but not limited to monitoring,logging,storing,
transferring,and sharing of daily personal and private habits and routines of occupants of private
homes and then giving said information to unauthorized third-parties for profit,including police
and federal government snoop agents,all without the homeowner's or other occupants consent to
do so.This would amount to gross violation of complainant's FOURTH AMENDMENT right to
be "secure in their person,houses,papers,and effects,against unreasonable searches and seizures",
as well as complainant's FIFTH AMENDMENT right to not "be deprived of life,liberty,or
property,without due process of law".
COUNT 6:Threat with intent to commit harm to complainant and other household members by
threatening to shut off electrical power to complainant's property/house if complainant does not
allow ROCKY MOUNTAIN POWER/PACIFICORP to install a smart meter (Trespassing
Technology)on complainant's house.Terminationof electrical power will cause severe hardship,
stress,and duress,as well as severe physical and emotional harm to the complainant and other
members of this household,including family members with special medical needs.ROCKY
MOUNTAIN POWER/PACIFICORP,having foreknowledge of the complainant's special needs
daughter's age and physical condition,continues to acknowledge their intent to harm complainant
and complainant's child,which makes this a criminal act.
COUNT 7:Gross Negligence;Hazardous Negligence.The "gross negligence",or reckless and
wanton behavior of ROCKY MOUNTAIN POWER/PACIFICORP is manifest in their failure to
exercise even slight care,and evidences a reckless disregard of complainant's life and safety,as
well as of others in complainant's household,by attempting to expose us to the dangerous/
hazardous health effects of a smart meter (Trespassing Technology)which they are attempting to
install on complainant's private property against complainant's will and consent.There intentional
failure to perform a manifest duty to truthfullyinform complainant of the actual dangers of a smart
meter is in reckless disregard of the consequences as affecting complainant's life and property,
including a gross want of care and regard for complainant's rights and the rights of others in
complainant's household.
Their behavior is also "hazardous negligence"due to ROCKY MOUNTAIN POWER/
PACIFICORP's careless or reckless conduct by attempting to expose complainant and other
members of complainant's household to the very great danger of injury and imminent peril should
the installation of their smart meter (Trespassing Technology)on complainant's home take place.
COUNT 8:Actionable Fraud.ROCKY MOUNTAIN POWER/PACIFICORP has committed an
"actionable fraud"against complainant by use of deceptive practices in an attempt to induce
complainant to part with complainant's legal right(s),to include complainant's long-standing
existing contractual agreement with ROCKY MOUNTAIN POWER/PACIFICORP,as well asunlawfullyattemptingtocommandeercomplainant's private property for commercial use by
installing a "relay station"(smart meter Trespassing Technology)without complainant's consent
by making false representations with the intentionto deceive.Further,it appearsthat ROCKY
MOUNTAIN POWER/PACIFICORP makes a material representation which is knowingly false
5
concerning their smart meter (Trespassing Technology),making such representation without any
knowledge of its truth and as a positive assertion that smart meters are safe,and made it with the
intention that it should be acted on by complainant.If complainant acts and complies with this
false representation,complainant fears and believes an impending injurywill be suffered by
complainant and possibly others in complainant's household as well.
Note:If attempted murder is prosecutable,then attempted extortion and piracy is also prosecutable.
DEFINITIONS
From:Black's Law Dictionary,Fourth Edition
EXTORT.To compel or coerce,as a confession or information by any means serving to overcome
one's power of resistance,or making the confession or admission involuntary.Sutton v.
Commonwealth,207 Ky.597,269 S.W.754,757.
To gain by wrongful methods,to obtain in an unlawful manner,to compel payments by means of
threats of injuryto person,property,or reputation.McKenzie v.State,l13 Neb.576,204 N.W.60,
61;State v.Richards,97 Wash.587,167 P.47,48.To take from unlawfully;to exact something
wrongfullyby threats or putting in fear.State v.Adams,Del.,106 A.287,288,7 Boyce,335.See
Extortion.
The natural meaning of the word "extort"is to obtain money or other valuable thing either by
compulsion,by actual force,or by the force of motives applied to the will,and often more
overpowering and irresistible than physical force.Com.v.O'Brien,12 Cush.,Mass.,90.
EXTORTION.Unlawful obtaining of money from another.People v.Parkinson,181 Misc.603,41
N.Y.S.2d 331,334.
Obtaining of property from another,with his consent,induced by wrongful use of force or fear,or
under color of official right.And see State v.Logan,104 La.760,29 So.336;In re Rempfer,51
S.D.393,216 N.W.355,359,55 A.L.R.1346;Lee v.State,16 Ariz.291,145 P.244,246,
Ann.Cas.1917B,131.Obtaining of property of another by threats to injure him and to destroy his
property,State v.Phillips,62 Idaho 656,l 15 P.2d 418,420.Taking or obtaining of anything from
another by means of illegal compulsion or oppressive exaction,Daniels v.U.S.,C.C.A.Cal.,17 F.2d
339,342;whether by an officer or otherwise,United States v.Dunkley,D.C.Cal.,235 F.1000,
1001.
A taking under color of office is of essence of offense.La Tour v.Stone,139 Fla.681,190 So.704,
709,710.
At common law,any oppression by color or pretense of right,and particularly and technically the
exaction or unlawful taking by an officer of money or thing of value,by color of his office,either
when none at all is due,or not so much is due,or when it is not yet due.Preston v.Bacon,4 Conn.
480.See People v.Barondess,16 N.Y.S.436,61 Hun,571;Murray v.State,125 Tex.Cr.R.252,
67 S.W.2d 274,275;State v.Anderson,66 N.D.522,267 N.W.121,123;Whart.Cr.L.833.
Term in comprehensive or general sense signifies any oppression under color of right,and in strict
or technical sense signifies unlawful taking by any officer,under color of office,of any money or
thing of value not due him,more than is due,or before it is due.State v.Barts,132 N.J.L.74,38
A.2d 838,843,844,848;State v.Vallee,136 Me.432,12 A.2d 421.
To constitute "extortion,"money or other thing of value must have been willfully and corruptly
received.La Tour v.Stone,139 Fla.681,190 So.709,710.
6
To constitute "extortion,"the wrongfuluse of fear must be the operating cause producing consent.
People v.Biggs,178 Cal.79,172 P.152,153.
GROSS NEGLIGENCE.The Intentional failure to perform a manifest duty in reckless disregard
of the consequences as affecting the life or property of another;such a gross want of care and regard
for the rights of others as to justify the presumption of willfulness and wantonness.Seelig v.First
Nat.Bank,D.C.llL,20 F.Supp.61,68.
The failure to exercise slight care.Jones v.Atchison,T.&S.F.Ry.Co.,98 Kan.133,157 P.399,
400;Burton Const.Co.v.Metcalfe,162 Ky.366,172 S.W.698,701.
In the law of torts (and especially with reference to personal injury cases),the term means such
negligence as evidences a reckless disregard of human life,or of the safety of persons exposed to its
dangerous effects,or that entire want of care which would raise the presumption of a conscious
indifferenceto the rights of others which is equivalent to an intentional violation of them.McDonald
v.Railroad Co.,Tex.Civ.App.,21 S.W.775;Railroad Co.v.Bodemer,139 Ill.596,29 N.E.692,
32 Am.St.Rep.218;Coit v.Western Union Tel.Co.,130 Cal.657,63 P.83,53 L.R.A.678;Bremer
v.Lake Erie &W.R.Co.,318 Ill.11,148 N.E.862,866,41 A.L.R.1345.
Indifferenceto present legal duty and utter forgetfulness of legal obligations,so far as other persons
may be affected,and a manifestly smaller amount of watchfulness and circumspection than the
circumstances require of a person of ordinary prudence.Burke v.Cook,246 Mass.518,141 N.E.
585,586.Negligencebordering on recklessness.People v.Adams,289 Ill.339,124 N.E.575,577.
Words "gross negligence,"are equivalent to words "reckless and wanton."Jones v.
Commonwealth,213 Ky.356,281 S.W.164,167.
HAZARDOUS NEGLIGENCE.Such careless or reckless conduct as exposes one to very great
danger of injury or to imminent peril.Riggs v.Standard Oil Co.,C.C.Minn.,130 F.204.
Ÿ ACTIONABLE.That for which an action will lie,furnishing legal ground for an action.
ACTIONABLE FRAUD.Deception practiced in order to induce another to part with property or
surrender some legal right;a false representation made with an intention to deceive;may be
committed by stating what is known to be false or by professing knowledge of the truth of a statement
which is false,but in either case,the essential ingredient is a falsehood uttered with intent to deceive.
Sawyer v.Prickett,19 Wall.146,22 L.Ed.105.
To constitute "actionable fraud,"it must appear that defendant made a material representation;that
it was false;that when he made it he knew it was false,-or made it recklessly without any knowledge
of its truth and as a positive assertion;that he made it with intention that it should be acted on byplaintiff;that plaintiff acted in reliance on it;and that plaintiff thereby suffered injury.Blair v.
McCool,136 Or.139,295 P.950,952.Essential elements are representation,falsity,scienter,
deception,and injury.Cobb v.Cobb,211 N.C.146,189 S.E.479,482.
CONCLUSION
We respectfully request that the Commissioners for the Idaho Public Utility Commission
investigate this entire matter concerning this criminal and wanton behavior and the strong-arm
intimidation tactics of ROCKY MOUNTAIN POWER/PACIFICORP and why they are permitted
7
to continue to violate and interfere with my,as well as many other ROCKY MOUNTA1NPOWER/PACIFICORP customer's existing valid contractual agreements against their will and tiee
consent,and their FOURTH and FIFTH AMENDMENT Rights,and other violations mentioned
above,and also why the IDAHO PUC/State Legislature permits/sanctions this type of criminalbehavior.
As túne is of the essence,we respectfully request that this matter be given priority status
and a timely remedy sought in order to avoid the apparent upcoming electrical servicedisconnectioninjustamatterofdays,not just for ourselves but for many other ROCKYMOUNTAINPOWER/PACIFICORP customers similarly situated.
Thank you in advance for your time and consideration in remedying this matter as soon as
possible in order that justice may be done.
Very truly,
SaníÑ Z.Edwards,Sui Juris Peg ..Edwards,Sui Juris
/M nness to signat'arc #1 6 WÏtnesgf6 si,gÍiature #2
8
DECLARATION OF SAMUEL Z.EDWARDS
IN THE FORM OF AN AFFIDAVIT
L Samuel Edwards.being of sound mind and body do make this Declaration of my own free will
without any undue outside influence.
I declare the following:
1.On December 17,2021,I did receive an unsigned letter from ROCKY MOUNTAIN POWER/
PACIFK ORP stating that new digital smart meters would be installed in our neighborhood
beginning in January 2022.
2.Both my wife and I have grave concerns over the health affects of a smart meter as our 16 year
old daughter has a complex medical history including Autism Spectrum Disorder.is Wheelchair
Bound and completely dependent for care.She is cognitively between 4-6 years old with
speech,hearing and physical impairments.Her sleeping space is located approximately 8 feet
from the existing meter base for our home's electric service.During 2020-2021,we renovated
this sleeping space to be suitable for our daughter's care and need to remain in our home
indefinitelywhich includes an electric ceiling lift system,electric feeding pump station,roll
under sink and roll-in shower.(Doctors'notes available upon request.)
3.On February 11,2022,we were notified that the upgrade was happening in our neighborhood
with no option of opting out.My wife,Peggy Edwards,communicated with ROCKY
MOUNTAIN POWER/PACIFICORP and informed their representative,Alison,of our
daughter s complex medical history,autism and the proximity of the meter base close to her
sleeping space.Peggy further told ROCKY MOUNTAIN POWER/PACIFICORP that we do not
consent to the meter upgrade at our home.Alison informed Peggy that we carnot "opt-out"of the
meter upgrade and stated that we must move the sleeping space or move the meter base.
4.On February 13.2022,Peggy emailed our state legislator (Representative Ron Nate)and
informed him of the conversation that she'd had with ROCKY MOUNTAIN POWER/
PAClFICORP.In subsequentdays,we also reachedout to RepresentativesKarey Hanks,Jon
Weber and Senator Doug Ricks,complaining about the lack of an "opt out"option.
5.During February and March 2022,we consulted with ROCKY MOUNTAIN POWER/
PA CIFICORP representativesabout moving the existing meter base.On March 3,2022,Peggy
called Russel!Westerberg at ROCKY MOUNTAIN POWER/PACIFICORP,who put us in
contact with lim Solomon to discuss moving the existing meter base.We obtained a quote from
a local electrician (Leroy Edwards)of about $5000 to move it,but this was too expensive for us
at that time.
6.During Summer of 2022,a ROCKY MOUNTAIN POWER/PACIFICORP subcontractor came
to request to switch out our current meter base for the new digital smart meter.We declined the
upgradebecause of concerns that the new digital smart meter would have a deleterious affect
upon our daughter's health.
7.On 10 November 2022.we received an undated and unsigned letter from ROCKY MOUNTAIN
POWER/PACIFICORP claiming that their "installercouldn't access the meter base"located at
our home (333 Shoshone Ave;Rexburg,ID).In response to this letter.Peggy called ROCKY
MOUNTAIN POWER/PACIFICORP multiple times,including talking with an employee
Christian #36743 twice and informing him of the details of our conversation with the
subcontractor.Peggy requesteda mailing address to formally dispute the claim that their"instaler couldn't access the meter base".
8.We did not receive a mailing address from ROCKY MOUNTAIN POWER/PACIFICORP to
submit our dispute.so we found an address for their corporate offices online and mailed our
disputadon in late February 2023.According to UPS Ground tracking
(#1ZX048R30397898301),our disputation was delivered to the ofEce of CEO Gary Ï loogeveen
in Portland.OR on March 2,2023.
9.On March 3,we received ROCKY MOUNTAIN POWER/PACIFICORP's 22 February 2023
letter,subject 'SECOND NOTICE:Required Access for Meter Upgrade at 333 Shoshone Ave
Rexburg,.lD 83440"(Exhibit B),and that their contractor was refused "access"to perform a
meter (TrespassingTechnology)exchange.
10.On March 17,we received ROCKY MOUNTAIN POWER/PACIFICORP's 14 March 2023,
subject FINAL NOTICE:Required Access for Meter Upgrade at 333 ShoshoneAve,Rexburg.
Idaho (Exhibit A).We are informed in this letter that our service will be terminated on 28March.2023.
L Samuel Z.Edwards,affirm and certify on my own unlimited commercial liability that I have read
the above alTidavit and do know the contents to be the truth,the whole truth,correct and complete
to the best of my knowledge,and willing to testify to this.
Samut Z.Edwards,Sui Juris Date
WÏtness t ignature Ñl Nitnefs to ánature#2
CREDIBLE-WITNESS ACKNOWLEDGMENT
State/Commonwealth of O
County of AVA/Ú Tet-
On this the day of Á ,-Af 2-À ,before me,the undersigned NotaryDayMonthYear
Public,personally appeared /FN
Nome(s)of Document Signer(s)
proved to me on the basis of satisfactory evidence,
upon the oath or affirmation of
'Name of Cred ble Witness
to be the person(s)whose name(s)is/are subscribed
to the within instrument,and acknowledgedto me that
he/she/they e×ecuted the same for the purposes
therein contained.
Witness my hand and official seaL
sig'n'ot/e Ôf Notory Public
Printed Nor e of NotoryPublic
Any Other RequiredInformation
Ploce NotarySeal/Stamp Above (Commission Expiration Date,etc.)
OPTIONAL
This section is required for notorizations performed in Arizono but it optional in other states.Completing thisinformationcondeteralterationofthedocumentorfroudulentreattochmentofthisformtoonunintendeddocument.
Description of Attached Document
Title or Type of Document:'O <C/f
Document Date:Number of Pages:
Signer(s)Other Than Named Above:NY?/¿t'If i
©2017 National Notary Association
CREDIBLE-WITNESS ACKNOWLEDGMENT
State/Commonwealth of di O
County of Of /SPM ss.
On this the /1 day of Šl VOh ,before me,the undersigned Notary
Day Month Year
Public,personally appeared N'76CE Crag S
Nome(s)of Document Signer(s)
proved to me on the basis of satisfactory evidence,
upon the oath or affirmation of
Nome of Credible Witness
to be the person(s)whose name(s)is/are subscribed
to the within instrument,and acknowledgedto me that
he/she/they executed the same for the purposes
therein contained.
Witness my hand and official seaL
SigŠctur of Notary Public
Printed Narne of Notory Public
Anj OthÔrRequired Inforrnation
Ploce NotorySeal/Stomp Above (Comrnission E×piration Date,etc.)
OPTIONAL
This section is required for notorizotíons performed in Arizono but it optional in other states.Completing this
information con deter alteration of the document or fraudulent reottachment of this form to an unintended document
Description of Attached Document
Title or Type of Document:C DC "O 1
Document Date:/J $Number of Pages:/Û
Signer(s)Other Than Named Above:
©2017 National Notary Association
ROCK Y MOUNTAIN IW West North Temp
-POWER Salt Lake City,Utah 84 I 16
A DMSION OF PACIFICORP
SAMUEL Z EDWARDS March 14,2023
333 SHOSHONE AVE
REXBURG ID 83440
RE:FINAL NOTICE:Required Access for Meter Upgradeat 333 ShoshoneAvenue,Rexburg,Idaho
Dear Samuel Z Edwards:
Thank you for your immediate attention to this matter.If you are not responsible for the electricserviceatthesite,please pass this request to the property manager or owner as soon as possible.
As required by 31.21.01-CustomerRelations Rules for Gas,Electric,and Water Public Utilities ("Utility
CustomerRelations Rules")-Rule 304 (Requirements for Notice to CustomersBefore Termination of
Service).This letter will serve as final notice of termination of electric service,which will occur onMarch28,2023 for failure to provide access as required under Utility Customer Relations Rules-Rule302(e).If access to property is acquiredprior to this date to enable Rocky Mountain Powerto install anupgradedmeteratthesite,termination will be canceled.
Please contact us at 1-800-895-0631if you wish to resolvethis issue.
Kind Regards,
Rocky Mountain Power
REQUIRED DISCLOSURES:
IDAHO ADMINISTRATIVECODE IDAPA 31.21.01
Public Utilities CommissionUtilityCustomerRelations Rules 305.
CONTENTS OF NOTICE OF INTENTTO TERMINATESERVICE (RULE 305).
01.Contents of Notice.The written or oral notice of intent to terminate service requiredby Rule 304 will
state:a.The reason(s),citing these rules,why service will be terminatedand the proposed date oftermination
b.Actions the customer may take to avoid termination of service.
c.That a certificate notifying the utilityof a serious illness or medical emergency in the household may
delay termination as prescribedby Rule 308.
d.That an informal or formal complaint concerningtermination may be filed with the utility or theComrnission,and that servicewill not be terminatedon the ground relating to the dispute betweenthe
customer and the utilitybefore resolution of the complaint.
The IdahoPublic Utility Conunissioncan be reached at 208-334-0369,or 1-800-432-0369,or online atpuc.idaho.gov/form/consumerassistance,or by mail at Idaho Public Utilities Commission,P.O.Box
83720,Boise,ID 83720-0074.A copy of the Utility Customer Relation Rules can be found at
Mins d ein yk:sidaho.cov/rules/current/31/312101.pdf
Para más información,llame al 1-888-225-2611 para hablar con un especialista en español.
ROCK Y MOUNTAIN IW Wen Nortnemple
POWER Salt Lake City,Utah 84 I 16
A DMSION OF PACIRCORP
Samuel Z Edwards February 22,2023
333 Shoshone Ave
Rexburg,ID 83440 2229
RE:SECOND NOTICE:Required Access for Meter Upgrade at 333 Shoshone Ave Rexburg,ID 83440
Dear Samuel Z Edwards:
Thank you for your immediate attention to this matter.If you are not responsible for the electric service at
the site listed above,please pass this request to the property manager or owner as soon as possible.
Our contractor was refused access to perform a meter exchange at the address listed above.This is our second
written notice.We have also attempted to reach you by telephone.To avoid termination of electric service at
this address,you must contact us at the number provided below.
You are contractually obligated to allow us safe and unencumbered access to our equipment.Meter access is
a condition of electric service,as expressed in the Idaho Public Utilities Commission's Customer Relation Rules,
namely Electric Service Regulation No.6,a copy of which is enclosed for your convenience.Moreover,to the
extent that access was denied because of the type of meter being installed,please be aware that the Idaho
Public Utilities Commission has reviewed smart meter technology,includingthe prevailingscientific research
on consumer safety,and concluded that smart meters are safe and allowed for all customers in Idaho.If you
would like additional information regarding the electric regulations that governs Rocky Mountain Power's
operations,review them at the Idaho Commission's website at puc.idaho.gov.
Our new meters bring with them a host of benefits,enablingour customers to securely -
View Daily/Hourly/15-Minute interval usage data through your Rocky Mountain Power account
Set billing thresholds and alerts through our website and mobile application
Automatically send notifications whenever your power is interrupted and subsequently restored
Rocky Mountain Power will also be able to troubleshoot abnormal electric voltage or current issues on our
lines that could impact the quality of your service.Our meters deliver whole home usage data through a
secure LTE network and do not connect with any additional smart devices installed at your site or external
networks.Your data is safe and no personal information is ever shared with outside parties.
(continued on reverse side)
Page 2
Please contact us at 1-800-895-0631immediatelyto resolve access issues and to set an appointment to have
your meter updated.We are happy to answer any additional questions you may have regarding the new
meter and look forward to working with you.
If we do not hear from you within 15 days from the date of this letter to resolve this issue,we will refer your
account to our service disconnection process.We look forward to hearing from you and will always consider it
a privilege to serve you,
Kind Regards,
Rocky Mountain Power
Para más información,llame al 1-888-225-2611 para hablar con un especialista en español.
ROCKY MOUNTAINPOWER
Secoad Revkion of Sheet No.GR.1
1.P.U.C.No.I Canceliag First Rerhion of Sheet No,6R.1
ELECTRIC SERVICE REGULATION NO.6
STATE OF IDAllO
Company's lastaBation
1.OTIMPANV'SINSTALLATION
Except as otherwise provided in these Regulations,an Eicctric Service Agreement,or the £1cctric
Service Schedules,the Company will install and maintain its lines and equipment on its side of the
Point of Delivery,but shall not be required to install or maintain any lines or equipment except
meters and accessories beyond that point.Only the Company is authorized to make the connections
at the Point of Delivery.Electric service fumished under this tariff will be altcmating current,60
hertz.singic or threc-phase.Primary service voltage will be at one of the nominal standard voltages
avaitahic from the Company at or near the Customets location.Secondary service voltage will be
hmited to:
Single-phase,120 volts,2-wire,grounded
Single-phase,120/240 vohs,3-wire,grounded
Single-phase,24&480 vohs,3-nä,gmunded
Three-phase,208Y/120 volts,4-wire,grounded,mye
Three-phase,480Y/277 volts.4-wire,grounded,wyc
2.COMPANY FACILITIESON CUSTOMER'SPREMISES
ta)All materials fumished and installed by the Company on the Customer's premises,shall be,
and remain,the property of the Company.Tbc Customer shall not break the Companys
meter seals.In the event ofloss or damage to the Company's property,arisin8 from neglect,
carcicssness,or misuse by the Customcr.tbc cost of necessary repairs or replacement shall
be paid by the Customer.
(b)Customer without expense to the Company shall make or procure conveyance to the
company of satisfactory Rights-of-Way Easements acmss the property ovmed or controucd
by the Customer for the Company's lines or cxtensions thereof necessary or incademat to the
fumishing of service to the Customer.
(c)The Customer shall permit safe,access to Company's répresentatives at all hours to maintain
the Company's cicetric distribution facilitics.The Customer aball also permit the Company
to trim trees and other vegetation to the extent accessary to avoid interference with the
Company's lines and to protect public safety.
(d)The Customer shall provide safe,unencumbered access to Company's representatives at
reasonabic times,for the purpose of reading meters,impceting,repairing or removing
metering devices and wiring of the ny.
Submitted Under Case No.PAC-E-19-12
ISSUED:September 13.2019 EFFECTIVE:January 8.2020
16 February 2023
Peggy and Samuel Edwards333ShoshoneAveRexburgidaho83440
Gary Hoogeveen
Chief ExecutiveOfficerRockyMountainPower
825 NE Multnomah StSuite1800
PortlandOR 97232
Re:Rocky Mountain Power Work Order#8314953
Dear Mr Hoogeveen,
We are responding to the undated and unsigned letter sent by Rocky MountainPower(copy attached)received 10 November2022.We are giving notice todisputeyourclaimthatyour"installer couldn't access the meter base"located at333ShoshoneAve,RexburgIdaho,83440.We contest your claim and state thebasisofourobjectiontoyourclaimtobethattherehasalwaysbeenunimpededphysicalaccesstothemeterbasesincetakingpossessionofthispropertyinOctober2019.
As evidence.we presentwith this letter:
Photographicevidenceof clear,unimpededphysicalaccess to the power meterGoogle Maps aerial view of 333 ShoshoneAve,RexburgIdaho 83440Notarized statement by Jeanne Grimmettwho resides at 330 ShoshoneAve,Rexburg idaho,83440
Notarizedstatement by Kristine Bennion,who resides at 295 ShoshoneAve,Rexburg Idaho 83440
We have spoken with Rocky Mountain Power representativesmultipletimes,andeachtimetheyhavethreatenedtoterminateservice.Accordingto the IdahoPublicUtilityCommission's"IdahoResidential Utility Disconnection"(copyattached),the grounds to make these threats credible is "you tamper with orpreventaccesstoyourmeter."
These phone calls occurred:
initiated by RMP between Sam and a RMP Rep on or around Nov 10thinitiated by Peggy between Peggyand Christian#36743 on Nov 30th at1:59pm for 25 minutes
initiated by Peggy between Peggy,Sam and Christian #36743 on Dec 6th at
1:31pm for 20 minutes
In consideration of the seriousness of these threats,especiallyin the sub-zero
winter weather of SoutheasternIdaho (initiallyweeks before Christmas,and stillpersistingintoFebruaryoftemperaturesgoing20-30 degrees below zero),we
demand evidence of your claim that "the installer couldn't access the meter
base."We contest your claim and object to threats to disconnect our power.
We further object to your claim of "the prevailingscientific research on consumer
safety"and conclusion "that smart meters are allowed in Idaho without any
alternative metering options."It is common knowledgeand fully supported byevidence,peer reviewed and published researchi,science and facts that
"Advanced"utility meters including all electronic utility meters and all utility
meters which contain any digital or electronic componentswhatsoever:
1.Emit frequenciesthat contribute to pathophysiologicaland biologicallydisruptiveeffectsonthosewithAutismSpectrumConditions(ASC)which
are defined behaviorallyand also involve multileveled disturbances of
underlying biologythat find striking parallelsin the physiologicalimpacts ofelectromagneticfrequencyandradio-frequencyexposures (EMF/RFR).23
2.Are fire hazards due to lack of surge protectorsin violation of necessary
standards for utility meters.
3.Cannot withstand typical grid surges.
4.Cause damage to,or destroy,homes,lives and structures when damaged
by grid surges.Dr.Magda Havas,Associate Professor of Environmental &
Resource Studies at Trent University in Peterborough,Ontario,Canada
has received emails and phonecalls from occupantsof propertieswhere
smart meters were recently installed.They complain of ill health,including
new symptomssuch as headaches,insomnia,anxiety,skin rashes,tinnitus,heart palpitations,depression,fatigue,and short-term memory
loss.Many are unable to use the room closest to the smart meter.4
5.Emit biologicallyharmful "pulsed"EMF radiation continually (whethertransmittingdataornot).In May 2011,the World Health Organization's
International Agency for Research on Cancer (IARC)classified radio-
ihttps://bitly/EMF221205 via www.saferemr.com and Joel M Moskowitz Ph.D.Director CenterforFamilyandCommunityHealth,School of Public Health,Universityof California,Berkeley
2 https://pubmed.ncbi.nlm.nih.gov/24095003/
3 TOby Rogers,The Political Economy of Autism,Doctoral Thesis,University of Sydney,2019,37-38 or llitAy/taby_then
4:http://emfsafetynetwork.org/?page_id=2292
frequency electromagneticfields (RF-EMF)as a possible humancarcinogen(Group 2B)in the same classification as lead,DDT,andchloroform.6 We do not want additional layers of pulsed radio-frequencyelectromagneticfieldsinourhome.
6.Create and collect personaldata of private activities in the home in
violation of law.Smart meters identify electrical devices inside the homeandrecordwhenandforhowlongtheyareoperated,resulting in aninvasionofmyprivacy.Smart meters monitor household activity and
occupancy in violation of my right to privacy in my home.According to aFebruary2012CongressionalResearchServiceReportentitledSmart
Meter Privacy and Cybersecurity,the Departmentof Energy reportedthat
by matching data with known appliance load signatures,smart meters will
be able to reveal people'sdaily schedules,their appliancesand electronicequipment,and whether they use certain types of medical equipment.6
7.Allow sharing of data of personalliving habits with utility personneland
others without authorization of the property owner and occupants.Smart
meters transmit information-carryingradio waves which can be intercepted
by unauthorized and unknown parties.The signals can be used to monitorbehaviorandoccupancy,and they can be used by criminals to aid criminalactivityagainsttheoccupants.Former CIA Director James Woolsey
accounted the wireless security threat on EnergyNews.com.7
S.Fatally disrupt and disable medical devices such as Pacemakers.
9.Cause wasted electricity and health-damagingtransients by the improperplacementanduseofaofaswitchmodepowersupplywithintheutility
meter.Utilities claim that smart meters will cause customers to monitor
their electrical usage to conserve more electricity.However,a British studyreportedonSept.2,2011 that thousands of citizens with a smart meter ontheirhomeoverthecourseofoneyearexperiencedlittletonochangeinelectricalusage.We do not know if energy will be conserved with smart
meters,and it is inaccurate to assume that the use of a smart meter
causes customers to conserve energy.8
10.Cause heating and antenna effects upon any metal body implants whichdamagebodytissues.
I 1.Cause damage to health and life by placing high-energyradio transmitters
in close proximityto human living spaces.Medical research has
6https://www.iarc.who.int/wp-content/uploads/2018/07/pr208_E.pdf
6https://sgp.fas.org/crs/misc/R42338.pdf
Thttps://bit.ly/jameswoolseygridsecurity
a Tom Hargreaves.Michael Nye,Jacquelin Burgess,Makingenergy visible:A qualitative field
study of how householders interact with feedback from smart energy monitors,Energy Policy,Volume 38,Issue 10,2010,Pages 6111-6119 or httos://doi.org/10.1016/i.enpol.2010.05.068
documented that smart meters can negativelyimpact health.In April 2012,the American Academy of EnvironmentalMedicine (AAEM)issued apositionpaperentitled,Electrornagneticand RadiofrequencyFields Effect
on Human Health.9 According to the report,"Multiple studies correlate RFexposurewithdiseasessuchascancer,neurologicaldisease,reproductivedisorders,immune dysfunction,and electromagnetichypersensitivity...many in vitro,in vivo and epidemiologicalstudies demonstratethatsignificantharmfulbiologicaleffectsoccurfromnon-thermal RFexposure...Genetic damage,reproductivedefects,cancer,neurologicaldegenerationandnervoussystemdysfunction,immune systemdysfunction,cognitiveeffects,protein and peptide damage,kidney
damage,and developmentaleffects have all been reported in the peer-
reviewed scientific literature."In a press release,the AAEM calls forimmediatecautionregardingsmartmeterinstallationsduetopotentially
harrnful exposure to pulsed radiofrequencyradiation.10
12.Representexcess equipmentcosts with more expensive meters andrepresentmorefrequentreplacementofthemoreexpensivemeters,all ofwhichcostswillbepassedontoratepayersviaexcessandunnecessarychargeswhenthisalternate"advanced"metering is unnecessary.
13.Representunnecessary higher service costs in the processingand storing
of data collected and general maintenance of the wireless grid network.Representunlawful invasion of privacy by the harvest and exploitation of
databases of information about the personaland private activities inside
the home without the consent of the owners,occupantsand guestsu.Data
about residents'daily routines and activities are collected,recorded,and
stored in the utility's databases,which are accessed by parties not
authorized by occupantsto know and share that private data.Those
databases may be handed off to criminals,blackmailers,corrupt law
enforcement,privatehackers,power company employees,and anyone
who may act against the interests of the occupants who are under metered
surveillance.
The above violations and abuses cannot be authorized by any lawful easement
contract and representsunlawful and highly dangerous trespasson our property
for which major liabilities will arise for which you are fully and personally
responsibleas authorizing and administeringthe policies which broughtabout
9 https://www.aaemonline.org/electromagnetic-and-radiofrequency-fields-effect-on-human-health/
10 https://www.aaemonline.org/aaem-calls-for-immediate-caution-regarding-smart-meter-installation/
U.S.Const.Amend.IV
and/or maintain the trespassand hazards.We,as utility customers,hereby donotconsenttoassumesuchhazardsanddamagesasaconditionofreceivingelectricserviceorasameansofextortionofadditionalservicepaymentsfrom usinreturnforsafe,lawful and reliable metering.
NOTICE OF TERMS AND CONDITIONS
Your service must be safe and lawful,and is not safe and lawful if you are puttingelectronicutilitymetersonhomes.We invoke our right to self-defense,that in thefaceofthisimmediatebodilyinjury,this is a God-givenright,protected by theLawandConstitutionoftheUnitedStatesofAmerica12.The laws you areviolatingbyinstallingelectronicutilitymetersonprivatehomesandbusinesseswithoutconsentandfulldisclosureare,in general,Public Endangerment,Trespass,Extortion,Fraud,Assault,Arson and FCC regulationsrequiring
consent of propertyowners for installation of radio transmitterS.13In light of thoseviolationsandthehazardsandharmtheycause,you must provide,within 21daysofthisdelivery,record of insurance naming me,your account holder,as
beneficiary in order to providefull and speedy remedy,reimbursement andpenaltiesforallhazardsandharmlistedaboveandanyothersthatmayarise.
Absent such insurance,you are agreeing by the installation of any electronicutilitymetertopersonallyandpromptlypayallclaimsandsatisfyalldemandswhichmayarisefromthedangers,nuisances,damages and harm that may be
caused by any such electronic utility meter and you are agreeing that the theabovelistisgenerallytrueandrepresentsintentionalhazardandharmperpetrateduponanyutilitycustomerwhoreceivesaninstalledelectronicutility
meter.
You may avoid this liability by permanentlyinstalling,at no charge,penalty orassessment,a safe and lawful fully electromechanical meter to record our utility
service usage on a coarse monthly basis.Any claim that electromechanical
meters are "not available"is false.The simple issue of a purchase order to a
meter manufacturer will provide unlimited supply.If you refuse or fail to provide
or allow safe,reliable and lawful electromechanical meteringtimely,we require
full bonding,insurance and assurance of liabilityfor all hazards listed above and
any hazards not yet anticipatedcaused by electronic metering.That insurance orassumptionofliabilityandresponsibilitymustincludeyourprovidinganameandaddressofafullyresponsibleandliablepartywhereourclaimsmaybefiledand
paid WITHOUT HESITATION OR QUESTION to remedy any real or perceived
harm,injury,loss,damageor violation of rights caused by the above described
electronic utility metering hazards,defects and offensive features and functions.
U.S.Const.Amend il and IV
13 Electronics Communications Privacy Act (Title 18,USC,Sec.2511,2512,2518)
If you do not provide that timely,then you and all other top policy-makingofficersofyourorganizationarefullyliableforallrisks,violations,hazards and harmdescribedabove.
In summary:
YOU ARE HEREBY NOTICEDTHATYOU ARE PERSONALLYCAUSING HARMANDDAMAGEWlTHYOURNON-CONSENSUALMETERING DEVICES ANDPROGRAMS,AND YOU ARE FULLY AND PERSONALLYLIABLE FOR ALLCONSEQUENCESOFTHATMETERINGPOLICYIFYOUFAILTOCEASE ANDDESlŠTTHEABOVEHAZARDSANDVIOLATIONSIMMEDIATELY.
If,havingfailed to providethe safe and lawful meteringdescribed above,youadditionallyfailorrefusetoprovidetheaboveassuranceofliabilityandresponsibilityrequestedhereintimelyyouwillbeindefaultandfullyandpersonallyaccountable,liable and responsible for all consequences,damages,harm,injuries,losses,violations of rights,trespass,bad faith,negligence,nuisance,and malice.Your failure to timely provideinsurance,bonding and claim information described above is your agreementto personally
pay for all claims as described above.You will also,by any failure or refusal toprovideinsuranceandclaimcontactsdescribedabove,be putting up and offeringyouandyourcompany's resources for prompt and uncontested settlement of our
claims whenever they may be submitted for any incident where damages occur.
Any failure to pay any our claim/s within 30 days of delivery will obligate you to
pay all collection costs,legal costs and expenses,court fees and all incidental
costs and expenses we may find necessary to secure settlement and collectionofourclaims.
We recommend providingcontacts to us of your insurance carrier and providing
the wording of your policyls immediately.Any policy that is not providedand/or
does not clearly providethe protectionrequestedwill be default of this notice andobligation
Because electronic meters representnumerous hazards,violations and potentialdamages,you are liable for major penaltiesclaims for simply installing a workingelectronicutilityonourpropertyregardlessofanytangibledamagecaused.
This notice and all terms,conditions,declarations and representationsherein aresuperiortoandsupplantanyandallcontentineasementcontractsthatmay
have been established,proposedor presumed.Herein are the terms under which
your company may lawfullyprovide electric service.Any contrary terms are
unlawful and unenforceable and will cause you personally and your companymajorpenalty.We have made no unreasonable demand and may not be refused
or penalizedfor requiring safe and lawful entry and occupationof our property.
This notice does not,and may not be construed to be a refusal of any kind
of metering or violation of any easement or terms of service.It is simply
requirement for the necessary insurance to mitigate the risks and harm you
are causing.
All terms and conditions above automaticallytake effect upon your default on the
above conditions and terms.However,a simple denial of this requirementand
notice is insufficient because the hazards are serious,real and confirmed by
overwhelmingevidence and you are responsiblefor causing those hazards and
violations.If you do not timely rebut,with fact,law and evidence,our allegations
of unlawful trespass of fire hazard,radiation emission,transient causation and
unlawful surveillance,all representations,claims,declarations,terms and
conditions put forth herein will be effective as contract and obligationagainstyou.
Bullying and threats of denial of service,penaltiesand "consequences"are not
valid rebuttal to our allegationsand serve only to expose your malfeasance and
failure of responsibility.
Any rebuttal to this notice must be submitted to us timely.Timely means prior to
installation of electronic meteringor,if electronic metering is installed,within 21
days of deliveryof this notice.Urgency dictates that no "grace"period will be
allowed beyond 21 days from this deliveryother than reasonable time for mail
delivery.Failure to respond in writing and with supported rebuttal within 21 days
constitutes full and final default by you,agreementto all terms,conditions and
representationsherein by you,your company and agents.If you require up to 15
additional days to respondyou may requestthat in writing prior to default.We will
determine if your meteringactivities and policieswill allow the extension and we
will notify you in writing if extension is granted.
This Notice supersedesand replacesall prior agreements,clauses,contracts
and easements which conflict with any point herein.
Notice to principal is notice to agent and notice to agent is notice to principal.
This is an adhesion contract with full effective power and effect by default.
Samuel Edwards Peggy M.B.Edwards
M Gmail
Information You Requested
Solomon,Timothy (PacifiCorp)<[e-mail]>Fri,Mar 4,2022 at 11:55 AMTo:"[e-mail]"<[e-mail]>
Cc:"Hoopiiaina,Keven (PacifiCorp)"<[e-mail]>
Hello,Mrs.Edwards.
Thank you again for taking time with me today on the telephone.Along with the attachments,here are several linksthatrelatetoourconversation:
1.This link will take you to information on the meter currently installed in your meter base:CENTRON®(itron.com)
2.This link will take you to details on the upgraded meter we are installing in Idaho.Please note that,despite thename,our system does not operate on 5G:Gen5 Riva Meter (itron.com)
3.Itron's radio frequency (RF)information can be found here:Radio Frequency Resource Center ltron
For your information.I have also followed up with Greg Andrus,the planner who will be calling you,as well as hismanagerAaronHancock.I've also copied Keven Hoopiiaina into this email.Keven is the project manager for themeterupgrades.
Please let me know if you have any other questions.I'll keep in touch with the Rexburg operations group to make suretheyhaveconnectedwíthyou.
Again,thank you for your time this morning.
Tim
Timothy L Solomon
Regional Business Manager
Rocky Mountain Power/PacifiCorp
208-252-2446
ROCKY MOUNTAIN 1407West North Temple
POWER satt taa.city.utas a4tte
A DMSION OF PACIFICORP
Samue1Z Edwards
333 Shoshone Ave
Rexburg ID 83440 2229
Dear Samuel Z Edwards:
You can count on us to provide the affordable and consistent power you need.We're using
state-of-the-art technologyto deliver dependablepower as we plan for the future.
We were recently in your area to upgrade your existing electric meter,but our installer couldn't
access the meter base at 333 Shoshone Ave,Rexburg,Idaho.As required by the Idaho Public
Service Commission,clear and safe access must be available to electric meters for inspection,
maintenance,meter upgrades,and to enable us to respond to any emergencies.
The Idaho Public Utilities Commission has reviewed smart meter technology,and the prevailing
scientific research on consumer safety,and concluded that smart meters are allowed in Idaho
without any alternative metering options.
Please call 1-800-895-0631 within 15 days of receiving this letter to resolve any access issues
and set an appointment to have your meter updated.We are happy to answer any questions
you may have regarding the new meter and look forward to working with you.
Kind Regards,
Rocky Mountain Power
Para más inforrnación,llarne al 1-888-225-2611 para hablar con un especialista en español.
to Gmai
(no subject)
Frt Dec 9 2022 at 9 59 AMP&S Edwards <pegandsam@gmaiLcom>
To:peggy6e@gmaiLcom
6 attachments
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Krist ne Benrnon
295 Shoshone Ave.
Rexburg.Idaho.83440
To Whom It May Concern,
I,Kristine Bennion,do testify that The Edwards property at 333 Shoshone Ave,is unimpeded by any gates,
fences,or obstacles that would inhibit access to the power meter.I was here in the summer of 2022 when
the new smart meters were set to be installed and the installation crew easily entered,without issue,on
to my property as well as the neighbor's property for installation-we both refused the new meters at that
time.
Sincerely,
Kristine Bennien
PRPMBER]
2 November 2020
To Whom it May Concern,
I,Jeanne Grimmett,of 330 ShoshoneAve Rexburg Idaho,83440,do attest that
the property of Samuel and Peggy Edwards at 330 Shoshone Ave,Rexburg
Idaho,83440 is open and unfenced from the street.
I have their permission to access their property including their backyard
where the meter base is located.
I attest that there are no physical barriers to the meter base and there have
never been any physicalbarriers there since they moved into that home in
October 2019.
ne Griminett
INDIVIDUAL ACKNOWLEDGMENT
State/Commonwealth of
ss.
County of /ÏPLC'
On this the day of 2022
,before rne.
Doy Month Year
1.,,the undersigned Notary Public,
Nome of NotaryPublic
personally appeared ...Lf
Nome(s)of Signer(s)
ersonally known to me -OR -
O provedto me on the basis of satisfactory evidence
to be the person(s)whose name(s)is/are subscribed
to the within instrument,and acknowledged to me
STOPHER J DY50N that he/she/they executed the same for the purposes
-State of Idaho
Mumber 20204829 therein stated.
n Expires Dec 9,2026
WITNESS my hand and official seal.
Signciture i f NotcÍry Public
Any Other Required Inforrnation
P ace NotarySeal/Stamp Above (Printed Name of Notory.Expiration Dofe,etc.)
---OPTIONAL
This ser tion is requiredfor notorizations performedin Arizono but is optional in other states
Complehngthis inforrnallon con deter alterotion of the document or fraudulent reottachrnent
of this forrn to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:/S¯Number of Pages:
Signer(s)Other Than Named Above:wat
2020 National Notary Association
INDIVIDUAL ACKNOWLEDGMENT
State/Commonwealth of d
ss.
County of pf,y,
On this the day of te »,.,,
2pr &,before me,
Day Month Year
v3 ,the undersigned Notary Puble,
Nome of Notary Public
personaly appeared N Om o
Name(s)of Signer(s)
ersonally known to me -OR -
O provedto me on the basis of satisfactory evidence
to be the person(s)whose name(s)is/are subscribed
to the within instrument,and acknowledged to me
mars that he/shelthey executed the same for the purposes
RETOPHER J DYsoN therein stated.
No Pubbc -State of Idaho
r Dec
94 WITNESS my hand and official seat
Signoture cry Public
Any Other Required Information
Pioœ Notary Seal/Stomp Above (Printed Name of Notorg Expiration Date,etc)
OPTIONAL
This section is requiredfor notorizations performedin Arizona but is optionalin other states.
Completingthis information con deter o/teration of the document or fr¤udulent reottachment
of this form to an unintended document.
Description of Attached Document
Title or Type of Document;FT/
Document Date:/Ñ -2 Number of Pages:
Signel(s)Other Than Named Above il v ¾
2020 National Notary Association
INDIVIDUAL ACKNOWLEDGMENT
State/Commonwee th of (f
yy ss.Countyof i '
On this the day of 'M c',E 4 à
,before me,
Day Month Year
rr?-5 'c
,the undersigned Notary PuÐœNmeofNotoryPublic
personally appeared ////7 (C'y rt M
Narne(s)of Signer(s)
personally known to me -OR -
O proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s)islare subscribed
to the within instrument,and acknowledged to me
that he/she/they executed the same for the purposes
therein stated.
PHER J DY50N
Mc -state of idaho WITNESS my hand and official seal,
o Number 20204829
on Expires Dec 9,2026
Signoture oÝ No ry Public
Any Other Required Information
Place Notary SeoVStamp Above (Printed Name of Notory Expiration Date,etc )
OPTIONAL
i his section is required for notarizotions perforrnedin Arizono but is optiono/in other states.
Completing this information con deter alteration of the document or fraudulent reottochment
of this form to on unintended document.
Description of Attached Document
Tule or Type of Document:/~r
Do<ument Date:/Z Number of Pages:
2020 National Notary Association
Idaho Residential Utility Disconnection
in idaho,investor-owned utilities providing basic services such as electricity,gas,water and
telecommunications services must follow rules that protect consumers.The rules are established
and enforced by the Idaho Public Utilities Commission (IPUC).The IPUC is a state agency charged
with regulating investor-owned utilities.(City-owned or cooperative utilities are not regulated by
the IPUC).The rules say when a utility can and cannot disconnect service to a customer.They
also reauire utilities to inform customers before service is actually shut off,so that payment pians
can be attempted and -disconnection avoided.
This fact sheet answers comrnon questions about your rights and responsibilities as a customer
of a regulated gas,electric,or water utility.
When can a company shut off my service?
Your electric,gas,or water company may begin taking steps to shut off your service if:
e You do not pay your bill by the due date.
You pay your bill with a dishonored check or make an electronic payment from an account
that has insufficient funds.
You do not pay a required deposit.
You use a false name or misrepresent yourself to get service.
You do not pay according to an arrangement you made with the utility.
You are wasting service through improper equipment or otherwise,
e The customer is a minor not competent to contract (an un-emancipated minor).
You temper with or prevent access to your meter.
How much notice will I get?
If the utility has grounds to shut off your service,the company must:
o Send you a written notice telling you of its intention to shut off service at least SEVEN
DAYS before the planned date.
The utility may send you a final notice at least THREE DAYS before the planned date.It
must give you a final notice at least 24 HOURS before it plans to actually shut off service.
The utility must attempt to contact you or an adult member of your household before
shutting off service.
The utility must shut off service within 21 DAYS after the planned date or begin the
notification process again.
No additional notice is required if a payment arrangement made after receiving written
notice is not kept,or you pay your bill with a dishonored check or make an electronic
payment from an account that has insufficient funds.
If you receive your bill electronically,you may separately consent,in writing,to receive
electionic notifications.
1 of 3 Updated 3/19/2020
Can I be shut off without notice?
There are times when a utility can shut off service without notifying you first.For example,no
advance notice is required if a dangerous condition exists or meter tampering is discovered.
Do I have to pay my bill in winter?
Yes.However,if you are having trouble paying the gas or electric bill,you should notify the
company and try to make special arrangements.Payment plans are available,including a special
Winter Payment Plan.
What if I have children,elderly,or seriously ill peopleat home?
You are still required to make payments if possible.A special Winter Payment Plan is available if
you are unable to pay your bill in full during the winter.But if you are not able to pay AND have
children.elderly,or ill people in your home,your gas or electric heat cannot be shut off duringthemonthsofDecember,January,and February.You must let the utility know you cannot payyourbiliandhowyouqualify.The winter disconnection moratorium,however,does not apply to
customers who don't apply for service or obtain service dishonestly.
What if Ym seriously ill?
No utility can shut off service if you provide the utility with a certificate from your doctor or apublichealthofficialwithmedicaltraining,stating that a serious illness or a medical emergency
exists or could be created for any permanent member of your household if your service is shutoff.
This certificate will postpone a shut-off for 30 days.If your service is already shut-off,the utilitymustturnitbackon.Within the 30-day period,you must make arrangements with the utilitytopaythebili.The utility may agree to renew a medical certificate for an additional 30 days if youarestillunabletopaythebill.
Can I get disconnected at night or on the weekends?
Even if the utility has grounds to shut off service,it may not do so at these times:
Before 8 a.m.or after 5 p.m.Service may be shut off between 5 p.m.and 9 p.m.MondaythroughThursdayiftheutilityisunabletogainaccesstothecustomer's meter duringnormalbusinesshours.
Friday,Saturday,Sunday or any legal holiday recognized by the State of Idaho (New Year'sDay,Martin Luther King Day,President's Day,Memorial Day,July 4th,Labor Day,Columbus Day,Veteran's Day,Thanksgiving Day,and Christmas Day).
The day before a legal holiday recognized by the State of Idaho.
Any time the utility's business offices are closed.
2 of 3 Updated 3/19/2020
RECEIVED
2023 March, 24 2:02PM
IDAHO PUBLIC
UTILITIES COMMISSION
CASE NO. PAC-E-23-06
COMPLAINT
To: Jan Noriyuki, Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Date: March 20, 2023
From: Judy Twede
1392 Newton Circle
Idaho Falls, Idaho
RE: Installation of "Smart" Meter and threat of service disconnection
Dear Sir,
This COMPLAINT was originally submitted by me to ATTORNEY GENERAL Raul R.
Labrador at the suggestion of Peggy Edwards of Rexburg, Idaho. Peggy mentioned that she spoke
briefly with Raul R. Labrador in Boise on January 17, 2023 about her challenges with ROCKY
MOUNTAIN POWER/P ACIFICORP and their attempt to force the installation of a smart meter on
her home against her will and consent. He encouraged her at that time to submit her COMPLAINT
to his OFFICE of the ATTORNEY GENERAL. I felt it important to submit this same COMPLAINT
to you as well for your own investigation. Thank you for your attention to this matter.
I am an 82-year-old widow currently faced with the real possibility of having my
power/electrical service disconnected in less than 15 days (please see disconnect letter, Exhibit A).
I have attempted over and over again, in good faith to resolve all issues with ROCKY MOUNTAIN
POWER/P ACIFICORP which have led up to this point where they are now threatening to shut my
power off, in spite of the fact that I have always paid my power bill each month and am currently
not late with payment. They, in turn are the aggressor operating in bad faith, using strong-arm
intimidation tactics, threat, duress, and coercion in order to unlawfully force their will upon me and
my private property.
This COMPLAINT arises over matters concerning myself and ROCKY MOUNTAIN
POWER/P ACIFICORP in regards to their intention to install a "Trespassing Technology" known
as a "Smart" type meter on my home, located at 1392 Newton Circle, Idaho Falls, Idaho, contrary
to my existing and long-standing contractual agreement, as well as my will and consent.
Please find attached my DECLARATION in the form of an AFFIDAVIT in support of this
letter of COMPLAINT, along with supporting Exhibits A & B.
Last summer, I received an undated and unsigned letter from ROCKY MOUNTAIN
POWER/P ACIFICORP on or around instructing me to call their 800 number within 15 days to
resolve any "access" issues and set an appointment to have my meter updated with their (Trespassing
Technology). A few days later I called the 800 number and spoke with a young man from Tacoma,
Washington and I explained why I was refusing a smart meter to be installed on my home. He told
me that smart meters were not harmful but I told him that's not true because I have been adversely
affected by them previously. He was obviously was uneducated on the subject of smart meters and
was just parroting what ROCKY MOUNTAIN POWER/P ACIFICORP instructed him to say to
customers.
Sometime after my conversation with the man in Tacoma, a man came to my property and
told me that he was here to change out your meter. I pointed out the Notices on my existing meter
to not install a smart meter here and why. He ended up not making the change out and told me that
the power company would be contacting me after he notified them that I was refusing the smart
meter.
On or around March 4, 2023, I received another unsigned letter (see Exhibit A) stating that
this is a "SECOND NOTICE: Required Access for Meter Upgrade at 1392 Newton Cir Idaho
Falls, ID", and that their contractor was refused "access" to perform a meter (Trespassing
Technology) exchange. This new letter also states that I am to call their 800 number to resolve this
issue within 15 days, or they will refer my account to their service disconnection process. In this
same letter they also claim that I am "contractually obligated to allow" ROCKY MOUNTAIN
POWER/P ACIFICORP "safe and unencumbered access to our equipment. Meter service is a
condition of electric service, as expressed in the Idaho Public Utilities Commission's Customer
Relations Rules, namely Electric Service Regulation No.6, ... " Be noticed that the word/term
"access" in ROCKY MOUNTAIN POWER/P ACIFICORP' s letters to me is being improperly
applied to mean something other than what it really is (see explanation below).
On or around March 19, 2023 I received a FINAL NOTICE (please see Exhibit B) or
"threat" from ROCKY MOUNTAIN POWER/P ACIFICORP informing me that my power will be
terminated on March 29, 2023 for "failure to provide access" to install a smart meter.
INTRODUCTION [BRIEF HISTORY]
As it stands now, there has been in place for the past 15 or so years a relationship of a
"contractual" nature between myself and ROCKY MOUNTAIN POWER/PACIFICORP, who
currently provides me with electrical power to my home. I, in turn naturally, have agreed to allow
ROCKY MOUNTAIN POWER/PACIFICORP's (meter reader(s) "access" of a "specified and
limited" nature, not a general unspecified and unlimited nature, to my private property each month
specifically for them to read my electrical power meter ONLY. No other access to my private
property, implied or otherwise was ever granted to ROCKY MOUNTAIN POWER/PACIFICORP
at any time. Any other necessary "access", including troubleshooting power outages and making
necessary repairs to electrical equipment located on my private property is considered "special" in
nature and would only be granted at the time, I, the private property owner reported a power outage
and or requested them to troubleshoot an electrical problem and make necessary repairs ONLY.
Therefore, ROCKY MOUNTAIN POWER/P ACIFICORP (formally UT AH POWER AND
LIGHT) does not have autonomous authority in and of itself to access my private property to
troubleshoot and or make necessary repairs to electrical equipment or for any other reason at any
time, day or night until they receive notification from me authorizing and granting them permission
at that time, on a one-time basis only for them to proceed to do the specified request. Anything other
than this is a trespass, invasion of my privacy, security, unalienable Rights, including my private
property rights which cannot be diminished, as well as a violation of our existing contractual
agreement.
Let . me .. be .clear ... on this .. issue oL "access" which . ROCKY MOUNTAIN
POWER/P ACIFICORP claims that I am denying them. I and no one else in my home has ever
denied "access" to any of ROCKY MOUNTAIN POWER/PACIFICORP's meter readers or their
company repair personnel as per our previously agreed upon terms of our long-standing contractual
agreement over the years. However, there has never been in place any agreement for personnel from
any third-party company to trespass on my private property and tamper with my, in this case
electrical meter at any time, whether I am at home or if no one is at home, neither has there ever
been in place any agreement with ROCKY MOUNTAIN POWER/P ACIFICORP to "access" my
private property to make a non-repair (or install a Trespassing Technology) when no request for
such type of service was ever made, and no defective electrical equipment on my private property
2
exists. So, if no defective electrical equipment exists on my private property and I did not call
ROCKY MOUNTAIN POWER/PACIFICORP to report any troubles/problems with my electrical
service and thus no electrical repairs were/are needed, what are there personnel doing on my private
property and or attempting to access my private property without my consent contrary to our existing
contractual agreement?
Understand that this whole issue surrounds a matter of an existing "contract" which ROCKY
MOUNTAIN POWER/P ACIFICORP are attempting to impair my obligation to. This contractual
relationship, as I said before has been in place since we moved in our home about 15 years ago when
we requested ROCKY MOUNTAIN POWER/P ACIFICORP to connect my home with electrical
power, to which they agreed. This has worked smoothly without any problems or disputes until last
year, when ROCKY MOUNTAIN POWER/P ACIFICORP attempted to change the terms of our
previously agreed upon and long standing "contract" without any prior proper notification or full
disclosure that they were attempting to change said terms of or initiate a new contract without my
knowledge and consent in order for them to bully their way onto my private property to make a non­
repair ( or install a Trespassing Technology) which is not part of our existing contractual agreement.
As you well know, for any changes to be made to a contract, both parties must be, in
agreement, and both parties must have clear understanding of any and all terms and changes in terms
of said contract to be valid and binding. This is simply not the case in this matter. To allow this
abuse to continue would be a travesty of justice. ROCKY MOUNTAIN POWER/P ACIFICORP
acknowledges the existence of our contractual relationship (see Exhibit A) but in a skewed and
twisted fashion, not relating the matter truthfully. They propagate deceptions and lies that the smart
meter is safe and the homeowner is the antagonist and an uncooperative party for not wanting their
smart meter Trespassing Technology, making us the "bad guy". This is like thugs attempting to
break into your home and you resisting them, and then having them go to the authorities complaining
that the homeowner is being uncooperative by not letting them into their home. This is indeed a
criminal mentality to which the PUC/Legislature just turns a blind eye to. Why is it that the IDAHO
PUBLIC UTILITIES COMMISSION/Legislature supports/sanctions this type of criminal
behavior? This seems to be a common practice from state to state and the people/inhabitants nearly
always ends up with the short end of the stick.
There is no one or agency in the Idaho government advocating for the people/inhabitants in
their plight with ROCKY MOUNTAIN POWERIPACIFICORP, but there is a government agency
advocating for ROCKY MOUNTAIN POWER/PACIFICORP's position -the IDAHO PUBLIC
UTILITIES COMMISSION under the thumb of the state legislature. It is clear that this agency does
not operate in the best interest of the people/inhabitants of Idaho. This whole picture is a one-sided
equation not in my favor or other customers.
ROCKY MOUNTAIN POWER/P ACIFICORP is now assuming and presuming that they
have the right to alter my existing long-standing contractual relationship without my knowledge and
consent anytime they please implying that they can come onto my private property anytime they
wish to do whatever they wish, which they cannot.
Understand, I have committed no wrong in this instant matter and have done my due
diligence in an attempt to resolve all issues in order to keep the peace and my electric power on.
They have been acting in bad faith and continue to walk in dishonor.
ROCKY MOUNTAIN POWER/PACIFICORP is a huge corporate giant with endless
financial resources coming against this small single family who only desires to live in peace. This
huge corporate giant seems to think that because they operate as a government sanctioned monopoly,
knowing that customers have no other option or choice in power companies, they can just run rough
shod over their perceived disobedient customers to force their unlawful will (Trespassing
Technology) upon them by use of deception, lies, strong-arm intimidation tactics, threat, duress, and
coercion (criminal acts) in order to covertly alter a previously agreed upon "contract" without my
knowledge and consent -HOLDING MY ELECTRICAL POWER SERVICE AS RANSOM.
This is a matter of the big bully on the block going around breaching the peace, terrorizing
3
and strong-arming the inhabitants in the neighborhood and bullying their way onto their customer's
private property and into their private lives. This is criminal behavior and it must be stopped.
FACTUAL COUNTS
I, Judy Twede, hereinafter referred to as complainant, in pro per, complaining of ROCKY
MOUNTAIN POWER/P ACIFICORP and their Trespassing Technology, hereinafter referred to as
"violator", respectfully alleging various felonious acts being perpetrated upon complainant as
follows:
COUNT 1: Breach of the peace. ROCKY MOUNTAIN POWER/PACIFICORP's unreasonable
and attempted unlawful intrusion onto my private property and into my home resulting in a breach
of complainant's and other household members peace causing undue fear, emotional and physical
stress of this 82-year-old complainant and other household members.
COUNT 2: Attempted extortion of complainant's will, consent, and rights through use of threat,
duress, and coercion in order to induce complainant to capitulate, by wrongful use of fear and
under color of official right to ROCKY MOUNTAIN POWER/P ACIFICORP' s unlawful
compulsion to accept their smart meter (Trespassing Technology) while holding the threat of
electrical service disconnection over complainant's head.
COUNT 3: Impairment of Contract. Impairment of complainant's obligation of an existing
contract between ROCKY MOUNTAIN POWER/P ACIFICORP and complainant by use of
threat, deception, strong-arm intimidation tactics, trickery, duress, and coercion. Violators are
attempting to change terms of an existing contract and or create a new contract with complainant
in order to install a "smart" meter (Trespassing Technology) without the authorization/consent of
complainant by wrongful use of fear and under color of official right, hoping complainant will
grant coerced or tacit agreement for such contract changes by either omitting to perform a
particular act or through the performance of a particular act induced under compulsion in order to
get their smart meter (Trespassing Technology) installed on complainant's home.
COUNT 4: Attempted Extortion. Attempted extortion and takeover of complainant's private
property for commercial use. Violators, by wrongful use of fear and under color of official right
are attempting to commandeer complainant's private property in order to install a smart Meter
"relay station" (Trespassing Technology) on complainant's property for the sole benefit of
ROCKY MOUNTAIN POWER/P ACIFICORP and outside third-party entities without any just
authorization and compensation to complainant for such. This would amount to theft, unlawful
conversion of private property, unjust enrichment, and violation of complainant's FIFTH
AMENDMENT right to not be deprived of complainant's right to life, liberty, or property, without
due process of law.
Note: If attempted murder is prosecutable, then attempted extortion by use of threat, duress, and
coercion is also prosecutable.
COUNT 5: Attempted Illegal Wiretapping. ROCKY MOUNTAIN POWER/P ACIFICORP is
attempting to illegally wiretap complainant's home and extract personal and private information
without a lawfully issued and or executed search warrant, through the installation of an unlawful
(as no consent is given) surveillance/bugging device known as a smart meter (Trespassing
Technology). Smart meter capabilities include, but not limited to monitoring, logging, storing,
transferring, and sharing of daily personal and private habits and routines of occupants of private
homes and then giving said information to unauthorized third-parties for profit, including police
4
and federal government snoop agents, all without the homeowner' s or other occupants consent to
do so. This would amount to gross violation of complainant's FOURTH AMENDMENT right to
be secure in complainant's person, houses, papers, and effects, against unreasonable searches and
seizures, as well as complainant's FIFTH AMENDMENT right to not be deprived of
complainant's right to life, liberty, or property, without due process oflaw.
COUNT 6: Threat with Intent to Commit Harm to complainant and other household members by
threatening to shut off electrical power to 82-year old complainant's property/house if complainant
does not allow ROCKY MOUNTAIN POWER/ PACIFICORP to install a smart meter
(Trespassing Technology) on complainant's house. Termination of electrical power will cause
severe hardship, stress, and duress, as well as severe physical and emotional harm to this already
frail 82-year-old complainant.
COUNT 7: Gross Negligence; Hazardous Negligence. The "gross negligence", or reckless and
wanton behavior of ROCKY MOUNTAIN POWER/PACIFICORP is manifest in their failure to
exercise even slight care, and evidences a reckless disregard of complainant's life and safety, as
well as of others in complainant's household, by attempting to expose us to the dangerous/
hazardous health effects of a smart meter (Trespassing Technology) which they are attempting to
install on complainant's private property against complainant's will and consent. There intentional
failure to perform a manifest duty to truthfully inform complainant of the actual dangers of a smart
meter is in reckless disregard of the consequences as affecting complainant's life and property,
including a gross want of care and regard for complainant's rights and the rights of others in
complainant's household.
Their behavior is also "hazardous negligence" due to ROCKY MOUNTAIN POWER/
P ACIFICORP' s careless or reckless conduct by attempting to expose complainant and other
members of complainant's household to the very great danger of injury and imminent peril should
the installation of their smart meter (Trespassing Technology) on complainant's home take place.
COUNT 8: Actionable Fraud. ROCKY MOUNTAIN POWER/ P ACIFICORP has committed an
"actionable fraud" against complainant by use of deceptive practices in an attempt to induce
complainant to part with complainant's legal right(s), to include complainant's long-standing
existing contractual agreement with ROCKY MOUNTAIN POWER/ PACIFICORP, as well as
unlawfully attempting to commandeer complainant's private property for commercial use by
installing a "relay station" (smart meter Trespassing Technology) without complainant's consent
by making false representations with the intention to deceive. Further, it appears that ROCKY
MOUNTAIN POWER/ PACIFICORP makes a material representation which is knowingly false
concerning their smart meter (Trespassing Technology), making such representation without any
knowledge of its truth and as a positive assertion that smart meters are safe, and made it with the
intention that it should be acted on by complainant. If complainant acts and complies with this
false representation, complainant fears and believes an impending injury will be suffered by
complainant and possibly others in complainant's household as well.
COUNT 9: Elder Abuse. This amounts to knowingly and willfully doing something that a
reasonable person would not do which inflicts physical and emotional pain and mental injury to an
elderly person. ROCKY MOUNTAIN POWER/PACIFICORP, having foreknowledge of
complainant's age (82-years-old) and physical conditions, continues to acknowledge their intent to
abuse complainant by negligent infliction of physical pain and mental injury by continuing their
strong-arm intimidation tactics, threats, duress, and coercion against complainant in their attempt
to install a dangerous and health-hazardous smart meter against complainants will, which makes
this a criminal act as per, TITLE 18-1505, subsection 2 & 4 of the Idaho Statutes.
5
DEFINITIONS
From: Black's Law Dictionary, Fourth Edition
EXTORT. To compel or coerce, as a confession or information by any means serving to overcome
one's power of resistance, or making the confession or admission involuntary. Sutton v.
Commonwealth, 207 Ky. 597, 269 S.W. 754, 757. To gain by wrongful methods, to obtain In am
unlawful manner, to compel payments by means of threats of injury to person, property, or
reputation. McKenzie v. State, 113 Neb . 576, 204 N.W. 60, 61; State v. Richards, 97 Wash. 587,
167 P. 47, 48. To take from unlawfully; to exact something wrongfully by threats or putting in fear.
State v. Adams, Del., 106 A 287, 288, 7 Boyce, 335. See Extortion.
The natural meaning of the word "extort" is to obtain money or other valuable thing either by
compulsion by actual force, or by the force of motives aQplied to the will, and often more
overpowering and irresistible than physical force. Com. v. O'Brien, 12 Cush., Mass., 90.
EXTORTION. Unlawful obtaining of money from another. People v. Parkinson, 181 Misc. 603,
41 N.Y.S.2d 331 , 334.
Obtaining of property from another, with his consent, induced by wrongful use of force or fear, or
under color of official right. And see State v. Logan, 104 La. 760, 29 So. 336; In re Rempfer, 51
S.D. 393, 216 N.W. 355, 359, 55 A.LR. 1346; Lee v. State, 16 Ariz. 291 , 145 P. 244, 246,
Ann.Cas.1917B, 131. Obtaining of ro12erty of another by threats to injure him and to destroy his
property, State v. Phillips, 62 Idaho 656, 115 P.2d 418, 420. fTaking or obtaining of anything from
another by means of illegal compulsion or oppressive exaction, Daniels v. U. S., C.C.A.Cal., 17
F.2d 339, 342; whether by an officer or otherwise, United States v. Dunkley. D .C.Cal., 235 F.
1000, 1001.
A taking under color of office is of essence of offense. La Tour v. Stone, 139 Fla. 681 , 190 So.
704, 709, 710.
t common law, any oppression by color or Qretense of right, and particularly and technically the
exaction or unlawful takjng by an officer of money or thing of value, by color of his office either
when none at all is due, or not so much is due, or when it is not yet due. Preston v. Bacon, 4 Conn.
480. See People v. Barondess, 16 N.Y.S. 436, 61 Hun, 571; Murray v. State, 125 Tex.Cr.R. 252,
67 S.W.2d 274, 275; State v. Anderson, 66 N.D. 522, 267 N.W. 121 , 123 ; Whart.Cr.L. 833 .
Term in comprehensive or general sense signifies any oppression under color of right, and in strict
or technical sense signifies unlawful taking by any officer, under color of office, of any money or
thing of value not due him, more than is due, or before it is due. State v. Barts, 132 N.J.L. 74, 38
A.2d 838, 843, 844, 848; State v. Vallee, 136 Me. 432, 12 A.2d 421.
To constitute "extortion," money or other thing of value must have been willfully and corruptly
received. La Tour v. Stone, 139 Fla. 681, 190 So. 709, 710.
To constitute "extortion," the wrongful use of fear must be the o erating cause reducing consent.
People v. Biggs, 178 Cal. 79, 172 P. 152, 153.
GROSS NEGLIGENCE. he Intentional failure to perform a manifest duty in reckless disregard
of the consequences as affecting the life or property of another; such a gross want of care and regard
for the rights of others as to justify the resumption of willfulness and wantonness. Seelig v. First
Nat. Bank, D.C.IlL, 20 F.Supp. 61, 68.
The failure to exercise slight care. Jones v. Atchison, T. & S. F. Ry. Co., 98 Kan. 133, 157 P. 399,
400; Burton Const. Co. v. Metcalfe, 162 Ky. 366, 172 S.W. 698, 701.
6
In the law of torts (and especially with reference to personal injury cases), the term means such
negligence as evidences a reckless disregard of human life, or of the safety of persons exposed to its
dangerous effects, or that entire want of care which would raise the presumption of a conscious
indifference to the rights of others which is equivalent to an intentional violation of them.
McDonald v. Railroad Co., Tex.Civ.App., 21 S.W. 775; Railroad Co. v. Bodemer, 139 Ill. 596,
29 N.E. 692, 32 Am.St.Rep. 218; Coit v. Western Union Tel. Co., 130 Cal. 657, 63 P. 83, 53
L.R.A. 678; Bremer v. Lake Erie & W. R Co., 318 Ill. 11, 148 N. E. 862, 866, 41 A.L.R. 1345.
Indifference to present legal duty and utter forgetfulness of legal obligations, so far as other persons
may be affected, and a manifestly smaller amount of watchfulness and circumspection than the
circumstances require of a person of ordinary prudence. Burke v. Cook, 246 Mass. 518, 141 N.E.
585, 586. Negligence bordering on recklessness. People v. Adams, 289 Ill. 339, 124 N.E. 575, 577.
Words "gross negligence," are equivalent to words "reckless and wanton." Jones v.
Commonwealth, 213 Ky. 356, 281 S. W. 164, 167.
HAZARDOUS NEGLIGENCE. Such careless or reckless conduct as exQoses one to very grea
danger of injury or to imminent peril. Riggs v. Standard Oil Co., C.C.Minn., 130 F. 204.
ACTIONABLE FRAUD. Deception practiced in order to induce another to part with property or
surrender some legal right; a false representation made with an intention to deceive; may be
committed by stating what is known to be false or by professing knowledge of the truth of a
statement which is false, but in either case, the essential ingredient is a falsehood uttered with intent
to deceive. Sawyer v. Prickett, 19 Wall. 146, 22 L. Ed. 105.
To constitute "actionable fraud," it must appear that defendant made a material representation; that
it was false; that when he made it he knew it was false,-or made it recklessly without any knowledge
of its truth and as a positive assertion; that he made it with intention that it should be acted on by
plaintiff; that plaintiff acted in reliance on it; and that Qlaintiff thereby suffered injury. Blair v.
McCool, 136 Or. 139, 295 P. 950, 952. Essential elements are representation, falsity, scienter,
deception, and injury. Cobb v. Cobb, 211 N.C. 146, 189 S.E. 479, 482.
CONCLUSION
It is my sincere wish that you and your OFFICE of the ATTORNEY GENERAL investigate
this entire matter concerning this wicked and wanton behavior and the strong-arm intimidation
tactics of ROCKY MOUNTAIN POWER/P ACIFICORP and why they are permitted to continue to
violate and interfere with my, as well as many other ROCKY MOUNTAIN POWER/P ACIFICORP
customer's existing valid contractual agreements against their will and free consent, and their
FOURTH and FIFTH AMENDMENT Rights, and other violations mentioned above, and also why
the IDAHO PUC/State Legislature permits/sanctions this type of criminal behavior.
Ill
Ill
Ill
Ill
7
As time is of the essence, I respectfully request that this matter be given priority status and
a timely remedy sought in order to avoid the apparent upcoming electrical service disconnection in
just a matter of days, not just for myself but for many other ROCKY MOUNTAIN
POWER/PACIFICORP customers similarly situated.
Ill
Ill
Thank you in advance for your time and consideration in remedying this matter as soon as
possible in order that justice may be done.
Very truly,
~Tfu~ Date
Witness to signature #2
8
DECLARATION OF JUDITH LYNN TWEDE IN THE FORM OF AN AFFIDAVIT
I, Judith Lynn Twede, being of sound mind and body do make this Declaration ofmy
own free will without any undue outside influence.
Last fall, I received an undated and unsigned letter from ROCKY MOUNTAIN
POWER/PACIFICORP STATING THAT their installer couldn't access my analog
meter at my address at 1392 Newton Circle. Never at any time has my meter been
unaccessible. It is mounted on the front side of my garage and can be seen from my front
yard and has always been accessible since I moved into my home in 2008. From that
time, I have had a sign posted to not install a smart meter since I am very EMF sensitive
and can't be around wi fi, smart meters, cell towers, etc. My eye hemorrhages and
bulges with blood as a result and my home has no wi fi and is hard wired. I have two
doctors in Idaho Falls who can vouch for this and they said they could write a letter to
verify my sensitivity if needed.
Upon receiving the first letter, I called the phone number provided and talked to a young
man from Tacoma and I explained why I was refusing a smart meter to be installed. He
was uneducated and just told me smart meters are not harmful.
Last summer, I was in my front yard when a man walked up to say he was there to
change out my meter. I pointed out the notices I've had on my analog meter to not install
a smart meter and why, He said the company would be contacting me and he would tell
them I was refusing a smart meter.
When I purchased this home, I contracted with the power company to use the analog
meter and I have no smart appliances and my microwave has not ever been in use and is
not hooked up and is used for storage in my home. Because my neighbor received a
smart meter on his home last summer, I have not been able to sleep in either of my two
bedrooms across from his smart meter which is just over the fence on his garage. I am
sleeping on the floor near my kitchen to be as far away as possible from his meter but
when I test with a Safe and Sound Pro II Broadband RF meter meter, it is still pulsing and
emitting EMF. At my age, it is very difficult and I don't ever get a good nights sleep
since my neighbor's meter was installed last year.
I have never been late in paying my bill and I request that I can have my analog meter as
long as I'm able to live in this house.
I am a 82-year-old widow living on a fixed income who is hyper-electro sensitive.
ROCKY MOUNTAIN POWER's strong-arm intimidation tactics, has caused me a great
deal of endless, anxiety, fatigue, insomnia, emotional and mental distress, headaches, and
severe stomach upset. I consider ROCKY MOUNTAIN POWER's use of abusive
threats, duress, and coercion in an attempt to get me to consent to accepting a smart meter
on my home, to be a negligent infliction of physical pain and mental injury as per TITLE
18-1505, subsection 2 & 4 of the Idaho Statutes.
I, Judith L. Twede affirm and certify on my own unlimited commercial liability that I
have read the above affidavit and do know the contents to be the truth, the whole truth,
correct and complete to the best of my knowledge, and I'm willing to testify to this.
Date
Witness to signature #2
February 28, 2023
Judy Twede
1392 Newton Cir
Idaho Falls, ID 834013790
£ X IA ~ ~ t'-f A
1407West Nonh Temple
Salt Lake City, Utah 84 i 16
RE: SECOND NOTICE: Required Access for Meter Upgrade at 1392 Newton Cir Idaho Falls, ID
Dear Judy Twede:
Thank you for your immediate attention to this matter, If you are not responsible for the electric service at
the site listed above, please pass this request to the property manager or owner as soon as possible.
Our contractor was refused access to perform a meter exchange at the address listed above. This is our second
written notice. We have also attempted to reach you by telephone. To avoid termination of electric service at
this address, you must contact us at the number provided below.
You are contractually obligated to allow us safe and unencumbered access to our equipment. Meter access is
a condition of electric service, as expressed in the Idaho Public Utilities Commission's Customer Relation Ru les,
namely Electric Service Regulation No. 6, a copy of which is enclosed for your convenience. Moreover, to the
extent that access was denied because of the type of meter being installed, please be aware that the Idaho
Public Utilities Commission has reviewed smart meter technology, including the prevailing scientific research
on consumer safety, and concluded that smart meters are safe and allowed for all customers in Idaho. If you
would iike additional information re garding the electric regulations that governs Rocky Mountain Power's
operations, review them at the Idaho Commission's website at puc.idaho.gov.
Our new meters bring with them a host of benefits, enabling our customers to securely-
• View Daily/Hourly/15-Minute interval usage data through your Rocky Mountain Power account
• Set billing thresholds and alerts through our website and mobile application
• Automatically send notifications whenever your power is interrupted and subsequently restored
Rocky Mountain Power will also be able to troubleshoot abnormal electric voltage or current issues on our
tines that could impact the quality of your service. Our meters deliver whole home usage data through a
secure LTE network and do not connect with any additional smart devices installed at your site or external
networks. Your data is safe and no personal information is ever shared with outside parties.
(Continued on reverse side)
Page 2
Please contact us at 1-800-895-0631 immediately to resolve access issues and to set an appointment to have
your meter updated. We are happy to answer any additional questions you may have regarding the new
meter and look forward to working with you .
If we do not hear from you within 15 days from the date of this letter to resolve this issue, we will refer your
account to our service disconnection process. We look forward to hearing from you and will always consider it
a privilege to serve you,
Kind Regards,
Rocky Mountain Power
Para mas informoci6n, flame al 1-888-225-2611 para habfar con un especfa/fs to en espanol.
JudyTwede
1392 Newton Cir
Idaho Falls, ID 83401 3790
E x~·,b,'t e
1407 West North Temple
Salt Lake City, Utah 84116
March 15, 2023
RE: FINAL NOTICE: Required Access for Meter Upgrade at 1392 Newton Cir Idaho Falls, ID
Dear Judy Twede:
Thank you for your immediate attention to this matter. If you are not responsible for the electric
service at the site, please pass this request to the property manager or owner as soon as possible.
As required by 31.21.01 -Customer Relations Rules for Gas, Electric, and Water Public Utilities ("Utility
Customer Relations Rules") -Rule 304 (Requirements for Notice to Customers Before Termination of
Service). This letter will serve as final notice of termination of electric service, which will occur on
March 29, 2023 for failure to provide access as required under Utility Customer Relations Rules-Rule
302(e). If access to property is acquired prior to this date to enable Rocky Mountain Power to install an
upgraded meter at the site, termination will be canceled.
Please contact us at 1-800-895-0631 if you wish to resolve this issue.
Kind Regards,
Rocky Mountain Power
REQUIRED DISCLOSURES:
IDAHO ADMINISTRATIVE CODE IDAPA 31.21.01
Public Utilities Commission Utility Customer Relations Rules 305.
CONTENTS OF NOTICE OF INTENT TO TERMINATE SERVICE (RULE 305).
01. Contents of Notice. The written or oral notice of intent to terminate service required by Rule 304 will
state: a. The reason(s), citing these rules, why service will be terminated and the proposed date of
termination.
b. Actions the customer may take to avoid termination of service.
c. That a certificate notifying the utility of a serious illness or medical emergency in the household may
delay termination as prescribed by Rule 308.
d. That an informal or formal complaint concerning termination may be filed with the utility or the
Commission, and that service will not be terminated on the ground relating to the dispute between the
customer and the utility before resolution of the complaint.
The Idaho Public Utility Commission can be reached at 208-334-0369, or 1-800-432-0369, or online at
puc.idaho.gov/form/consumerassistance, or by mail at Idaho Public Utilities Commission, P.O. Box
83720, Boise, ID 83720-0074. A copy of the Utility Customer Relation Rules can be found at
https://adminrules.idaho.2:ov/rules/current/31/312101 .pdf
Para mas informaci6n, /lame al 1-888-225-2611 para hablar con un especialista en espafio/.
RECEIVED
Tuesday, March 28, 2023 11:37:24 AM
IDAHO PUBLIC
UTILITIES COMMISSION
CASE NO. PAC-E-23-07
Jan Noriyuki, Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Date: March 24, 2023
From: Karen Lane
PO Box 362
Rigby, ID 83442
FORMAL COMPLAINT
RE: Installation of "Smart1' Meter and threat of service disconnection
Dear Ma'am,
This FORMAL COMPLAINT is a follow-up to an initial complaint which i, Karen Lane submitted to Idaho
Public Utility Commission on March 20,2023. I have received from Rocky Mountain Power a FINAL
NOTICE of intent to terminate service on March 27, 2023. Rocky Mountain's notice claims that we have
refused access to the meter. On the contrary, we solemnly affirm that at no time has access to the
meter been denied, and the claim by Rocky Mountain Power that we have is knowingly and intentionally
false. To be clear: at no time have we prevented Rocky Mountain Power from accessing the existing
meter attached to our home for any purpose, and our account is paid in full and up to date.
What we have done is require that the meter--which is attached to our house--remain a meter that does
not emit radio wave frequencies. We have concerns about such meters, on physical health grounds as
well as legal privacy concerns. To date, Rocky Mountain has refused to address the issue or enter into a
dialogue with us in good faith. Instead, Rocky Mountain Power has resorted to bullying and strong-arm
techniques to try to force us to accept a so-called "smart meter" attached onto our private property
without our consent.
However, having objections to installation of a particular type of meter, a so-called "smart meter," is
NOT legal grounds for disconnecting our current electrical service. This is crucial legal fact that has been
ignored both by Rocky Mountain Power and by Idaho Public Utilities Commission's Utilities Compliance
Investigator, Chris Hecht, who cited Electric Service Regulation No. 6 as Rocky Mountain Power's
authority to threaten to terminate our electrical service.
Electric Service Regulation No. 6 says, "The Customer shall provide safe, unencumbered access to
Company's representatives at reasonable times, for the purpose of reading meters, inspecting,
repairing, or removing metering devices and wiring of the Company." We have done precisely that. At
no time have we denied access to the meter. As we have always provided the required access, neither
Electric Service Regulation No. 6 nor IDAPA 31.21.01, Rule 302.01.e apply to our case, and Rocky
Mountain Power does not have legal authority to terminate our electrical service on those grounds.
If there is a law or regulation that specifically authorizes termination of electrical service for objecting to
the installation of a smart meter in the place of an analog meter, we respectfully request that it be
shown to us. Otherwise, because we have never denied access to the meter, we respectfully request
that the Idaho Public Utilities Commission intervene to prevent Rocky Mountain Power from unlawfully
disconnecting our electrical service and to require Rocky Mountain Power to engage in respectful, good
faith dialogue with us about an acceptable solution that addresses our concerns.
Respectfully,
Karen Lane
The foregoing instrument was acknowledged before me on this __ p _ _,_;_·:;2._z_?_z..8_~ _____ by
DANIEL PECK
COMMISSION NUMBER 62322
NOTARY PUBLIC
STATE OF IDAHO
Signature of Notary Publi~--~ 2
RECEIVED
2023 March, 27 4:00PM
IDAHO PUBLIC
UTILITIES COMMISSION
CASE NO. PAC-E-23-08
COMPLAINT
To: Jao Noiiyuki, Com1nisslo11 Secretary
ldaho Public Utilities Co1nmission
PO Box 83720
Boise. ID 83720-0074
Dote: March 25. 2023
Fro1n: Christy Anubruster
3807 E 120 N
Rigby. Idaho 83442
RE: bi$h\llalion of"Smart" Meter on n1y borne
Dear Ms. Noriyuki.
•
Please Hnd attached my DEC:LARATlON in the foan of an AFFIDAVIT in support of this
letter ofC'OMPLAfNT, along with supporting Exhibits A and 8.
This COMPLAINT arises over matte1·s concerning myself and ROCKY MOlTNTAfN
PO\VER/PAClFICORP in regards to the installation of a Trespassing Technology kno\vn aS a
"Smart'' type meter on n1y home. located nt 3807 E 120 N. Rigby, Idaho 83442, contrary to the
conrraorual agrco,ncnt 1 had prior to the. coerced installation of a smart 1ueter (Trespassing
Technology). as well as against my will and conseol which were extorted fro1n me.
Early in 2022, s01neone from ROCKY MOUNTAIN POWER/PACTFICORP came to my
house to install a smart meter. After decliniog to have tbe meter changed because of my concen1
regarding the health risks. the 01an explah1ed that if [ did not allo,v the current meter to be
changed. the po,ver company would send me a notice tl1at my po,ver n1ay be turned off if I did not
have an appointme11l to change U1e metet within 15 days of the notice.
On Novc111bcr 18. 2022 my husband received an email 1vithout the name of a person 1ve
could contact about our concerns from ROCKY ~lOUNTAlN POWER/PAClFICORP (see £xhibtt
AJ instructing, me,. Christy Annbruster, to call U1eir 800 nun1ber 1vitbin 15 days to reso lve any
"access" issues aud set an appointment to have my electric meter updated with, 1vhat I cali their
"T,-espassing Technology". My husband fonvarded the etnail to 1ue on November 22, 2022.
Because ] fell threatened ,,~th loss of power. wh.iuh ,vould include loss of heating ru.id the
loss ,vater in 111y hon1e for n1yself and my family; 1 relucl<Ultly called. During my conversation I
agnin explained that I did not want to have a Sn1ar1 Meter on Dl.Y home but I ,vas told that if l did
not have one. the po1ver could be turned o·JI An appo1nhnent ,¥as set dtu·ing the call.
When the man i:an1e to change 1he meter. I tlxplained for a third time that I did not 1vno1 the
Smart Meter. He agreed that be didn't ,vant one 011 his house but because of the laws in Idaho. ,ve
are not pennitted to keep our old meter.
Although [ did end llP accepting the installation of ROCKY MOUNTAIN POWER/
PACJ.rlCORP's smmi ineter (Trespassing Technology) on my home by giving thel:ll "conseor-. Lltls
"consent'· was extracted ot extorted fron1 me lhl'ough the wrongful use of fear and under color of
otliciaJ righr. Th.is fca.r ,vas precipitated by ROCKY lv!OUNTAIN POWER/PACJFICORP's
rell"ntless strong-arm intimidation tactics, thre-at, duress, and coercic,>n, i111pressing 11pon me that my
po~1er service ,vould be shut off/tern1ioated if consent 1vas not given the1n to install said smart
1neter (Trespassing Tel:lmology). lt was n1y original intent to not accept a sn1art n1eler due lo the
safety and healtlt concerns surrounding smart meters. and it i$ still my 11/isb not lo bave one.
ho1vever the overpo1vering aggression of ROCKY MOUNTAIN P0\\1ER/ PACIFJCORP and the
threat of no electrical power compromised my position to my detriment. It has recently come to my
attention that a crime or crimes may have been committed by ROCKY MOUNTAIN
POWER/PACIFICORP in the manner by which and Wlder the circumstances their smart meter was
i nstal I ed on my home.
INTRODUCTION
Prior to the installation of a smart meter (Trespassing Technology) on my home, there was
in place for the past 1 year a re]ationship of a ucontractual'' nature between myself and ROCKY
MOUNTAIN POWER/PACIFICORP, who currently provides me with electrical power to my
home. I, in turn naturally, agreed to allow ROCKY MOUNTAJN POWER/PAClFICORPts meter
reader(s) "access" of a "specified and limitedt' nature, not a general unspecified and unlimited
nature, to my private property each month specifically for them to read my electrical power meter
ONLY. No other access to my private propeny, implied or otherwise was ever granted to ROCKY
MOUNTAIN POWER/PACIFICORP at any time. Any other necessary "access,\. including
troubleshooting power outages and making necessary repairs to e]ectrical equipment located on my
private property is considered uspecialn in nature and would only be granted at the time, I, the
private property owner reported a power outage and or requested them to troubleshoot an electricaJ
problem and make necessary repairs ONLY. Therefore,. ROCKY MOUNTAlN
POWER/PACIFICORP does not have autonomous authority in and of itself to access my private
property to troubleshoot and or make necessary repairs to electrical equipment or for any other
reason at any time, day or night until they receive notification from me authorizing and granting
them penni ssion at that time, on a one-time case-by-case basis only for them to proceed to do the
specified request Anything other than this is a trespass, invasion of my privacy .. security,
unalienab]e Rights. inc]uding my private property rights which cannot be diminished~ as wen as a
violation of our existing contractual agreement.
Let 1ne be clear on this issue of '~access" which ROCKY MOUNTAIN
POWER/PACIFICORP claims that I denying them. I and no one else in my home has ever denied
iiaccess'~ to any of ROCKY MOUNTAIN POWER/PACIFICORP's meter readers or their company
repair personnel as per our previously agreed upon terms of our contractual agreement. However,
there has never been in place any agreement for personnel from any third-party company to
trespass on my private property and tamper with my electrical meter at any time~ whether I am at
home or if no one is at home. neither has there ever been in place any agreement with ROCKY
MOUNTAIN POWER/PACIFICORP to '~access~ my private property to make a non-repair (or
instal1 a Trespassing Technology) when no request for such type of service was ever made, and no
defective electrical equipment on my private property existed. So, if no defective electrical
equipment existed on my private property and I did not call ROCKY MOUNTAIN
POWER/PACIFJCORP to report any troub]es/problems with my electrical servjce and thus no
electrical repairs were oeeded, what were there personnel doing on my private property without my
consent which was contrary to our then existing contractual agreement?
Understand that this whole issue surrounds a matter of a then existing ~'contract,, which
ROCKY MOUNTAIN POWER/PACIFICORP impaired my ob1igation to. This contractual
relationship has been in place since we moved in our home about 1 year ago when we requested
ROCKY MOUNTAIN POWER/PACIFICORP to supply our home with electrical power, to whicb
they agreed. This has worked smoothly without any problems or disputes until last year, when
ROCKY MOUNTAIN POWER/PACIFICORP attempted to change the tenns of our previously
agreed upon .. contract"' without any prior proper notification or full disclosure that they were
attempting to change said terms of or initiate a new contract without my knowledge and consent in
order for them to bully their way onto my private property to make a non-repair ( or insta.1 l a
Trespassing Technology) which was not part of my then existing contractual agreement with them.
As you well know, for any changes to be made to a contract, both parties must be, in
agreement, and both parties must have clear understanding of any and a11 terms and changes in
2
terms of said contract to be valid and binding. This is simply not the case in this matter. To allow
this abuse to continue would be a travesty of justice. ROCKY MOUNTAIN
POWER/PACIFICORP acknowledges the existence of our contractual relationship (see Exhibit B)
then and now but in a skewed and twisted fashion, not relating the matter truthfully. They
propagate deceptions and lies that the smart meter is safe and the homeowner is the antagonist and
an uncooperative party for not wanting their smart meter, making me the ''bad guyn. This is like
thugs attempting to break into your home and you resisting them~ and then having them go to the
authorities complaining that the homeowner is being uncooperative by not letting them into their
home. This is indeed a criminal mentality+
ROCKY MOUNTAIN POWER/PACIFICORP is now assuming and presuming thnt they
have the right to alter an existing long-standing contractual relationship without my knowledge and
consent anytime they please implying that they can come onto my private property anytime they
wish to do whatever they wish, \Vhich they cannot.
ROCKY MOUNTAIN POWER/PACIFICORP is a huge corporate giant with endless
financia1 resources coming against this smaU single family who only desires to live in peace. This
huge corporate giant seems to think that because they operate as a government sanctioned
monopoly. knowing that cwtomers have no other option or choice in power companies, they can
just run rough shod over their perceived disobedient customers to force their unlawful wi1 l
(Trespassing Technology) upon them by use of deception, lies, strong-arm intimidation tactics,
threat. duress, and coercion (criminal acts) in order to covertly alter a previously agreed upon
'!.contract'' "Without my knowledge and consent -HOLDING MY ELECTRICAL POWER
SERVICE AS RANSOM.
FACTUAL ALLEGATIONS
I~ Christy Armbruster, hereinafter referred to as complainant, in pro per~ comp 1 ainin g of ROCKY
MOUNTAIN POWER/PACIFlCORP and their Trespassing Technology, hereinafter referred to as
"'-violator", respectfully alleging various felonious acts being perpetrated upon complainant as
folloYJS:
COUNT 1: Breach of the peace+ ROCKY MOUNTAIN POWER/PACIFICORP!ls unlawfu1
intrusion onto comp.lainant's private property and into complainant~s home has resulted in a breach
of complainant's and other household members peace causing undue fear, emotional and physical
stress of complainant and other household members, as a result of the installation of the smart
meter.
COUNT 2: Extortion of comp lainanes will, consent, and rights through use of threat, duress, and
coercion which induced complainant to accept, by wrongful use off ear, and under color of official
right ROCKY MOUNTAIN POWER/PACIFICORP's smart meter (frespassing Technology) while
holding the threat of e] ectrical service disconnection over complainant's head.
COUNT 3: Impairment of compi ainant 's obligation of a previously existing contract between
ROCKY MOUNTAIN POWER/PACIFICORP and complainant by use of threat, deceptiont
strong-ann intimidation tactics, trickery. duress, and coercion causing complainant to accept a
change in the terms of complainant's existing contract in order to install a ''smart', meter
(Trespassing Technology) which was induced by v,rongful use of fear and under color of officiaJ
right against complainant ,s better judgment.
COUNT 4: Extortion and takeover of complainant's private property for commercial use.
Violato~ by wrongful use of fear and under color of official right, utilizing deception, strong-arm
intimidation tactics, threat, duress, and coercion, did cause complainant to accept a smart meter to
3
avoid termination of complainant"s electrical service for non-compliance. This resulted in ROCKY
MOUNTAIN POWER/PACIFICORP ability to take over con1plainantts private property in order to
insta11 a smart Meter "relay station', (Trespassing Technology) on complainant's property, for the
sole benefit of ROCKY MOUNTAIN POW R/PACIFICORP and outside third-party entities
with out any just authorization and compensation to complainant for such. This amounts to the~
unlawful conversion of private property, unjust enrichment, and violation of complainant 1s FIFTH
AlvlENDMENT right to not be deprived of complainant's right to life, liberty, or property, without
due process of Jaw.
'
COUNT 5: Illegal wiretapping and extraction of personal and private information without a
lawfulJy issued and or executed search warrant, through the installation of an unlawful (as no free
consent was given) surveillance/wiretapping device known as a smart meter (Trespassing
Technology) p Smart meter capabilities include, but not limited to monitoring, Jogging, storing,
transferring, and sharing of daily personal and private ha bi ts and routines of occupants of private
homes and then giving said information to unauthorized third-parties for profit, including police
and federal government snoop agents,. all without the homeowner 's or other occupants consent
(consent, in this case was g·ven through wrongful use of fear) to do so. This amounts to gross
violation of complainant's FOURTH AMENDMENT right to be secure in complainant's perso~
houses, paperst and effects, against unreasonable searches and seizures, as well as complainant's
FIFTH AlvlENDMENT right to not be deprived of complainant's right to life, Hbertyt or property,
with out due proce s of law.
COUNT 6: Threat with intent to commit harm to complainant and other household members by
shutting off electrica1 power to complainant's home if complainant did not allow ROCKY
MOUNTAIN POWER/PACIFICO RP to install a smart meter (Trespassing Technology) on
complainant1s house. This threat and intent to commit harm by ROCKY MOUNTA1N
POWER/PACIFICORP constitutes v.rrongfi.d use of fear to induce consentt causing complainant to
accept installation of said smart meter to avoid teimination of complainant's power ,even though
complainant did not want the smart meter. Termination of electrical power would have caused
severe hardship stresst and duress, as ,vell as severe physical and emotional harm to complaiilWlt
and other members of complainant's household.
DEFINITIONS
From: Black ts Law Oie-tioJJJl"¾.Eo.urth Editi9n
EXTORT. To compel or coerce~ as a confession or infonnation by any means serving to overcome one's
power of resistance.. or making the confession or admission in voluntary. Sutton v. Cpm monwealth. 207
Ky. 597, 269 S.W. 754~ 757.
To gain by wrongful methodsJ to obtain In am unlawful manner, to compel payments by means of threats of
injury to person, property, or reputation. McKenzie Vr State, 113 Neb. 576 .. 204 N. W. 60~ 6 l; State v.
Richard~ 97 Wash. 5871 167 P. 471 48. To take from unlawfuJly; to exact something wrongfully by threats
or putting in fear. State v. Adams1 Del., 106 A. 2871 2881 7 Boyce,. 335. Sec Extortion.
The natural meaning of the word "'extort~ is to obtain money or other valuable thing either by compu]sionJ
by attual fon:e, or by the fol'Qe of motives app1ied to the wiU, and often more overpowering and irresistibl
than physical tbrce. Com. v. O'Brien, 12 Cush., Mass.1 90.
EXTORTION. Unlawfu] obtaining of money from another. Peop]e v. Parkinson, 181 Misc. 603~ 41
N.Y.S.2d 331 , 334.
Obtaining of property from anothert with his consent. induced by wrongful use of force or fear, or under
color of official right. And see State v. Loaan, 104 La 760, 29 So. 336; In re Rem pf er, 51
S.D. 393] 216 N.W. 35S, 359, 55 A.L.R. 1346; Lee v.,State. 16 Ariz. 291.,, 145 P. 2441 246, Ann.Cas.19178,
131 ~ Obtaining of property of another by threats to jnjure him and to destroy his property~ State v. Ph· lips.
4
62 Idaho 656, 115 P.2d 418, 420. Taking or obtaining of anything from another by means of i Uegal
compulsion or oppressive exaction. Daniels v. U. S., C.C.A~CaJ . ., 17 J-:2d 3 39, 342; whether by an officer or
otherwise, United States v. Dunkley. D.C.CaJ., 235 F. 1000~ l0OL
'A taking under color of office is of essence of offense. La Tour v. Stone, 1 :39 Fla. 681, 190 So. 704~ 709,
710.
At common Jaw, any oppression by color or pretense of right, and particu!arly and techmca.Hy the exaction
or unlawful taking by an officer of money or thing ofvaJue, by color of his officet either when none at all is
due, or not so much is due, or when it is not yet due. Preston v. Bacon. 4 Conn. 480. See People v ..
.m;.a.a;..,...--.-~ 16 N~Y.S+ 436, 61 Hun, 571; Mgrray v, State~ 125 TeK.Cr.R. 252t 67 S.W.2d 274; 275; State v.
Andel"SOn, 66 N.D. S22~ 267 N.W. 121. 123~ Whort.Cr.L. 833.
Term in comprehensive or general sense signifies any oppression under color of right, and in strict
or technical sense signifies unlawful taking by any officert under color of office, of any money or thing of
value not due him. more than is duet or before it is due. State v., Bara, 132 N.J.L. 74, 38 A.2d 838t 843t
844, 848; State v. Vallee. 136 Me. 432, 12 A.2d 421.
To constitute uextortio~ H money or other thing of value must have been wiHful1y and oomJiptly received. La
Toury. Stonet 139 Fla+ 68lt 190 So. 709, 710.
To constitute "extortio~t1 the wrongful use of fear must be the operating cause producing consent. People v.
Bless. 178 Cal. 79., 172 P. 152, 153.
---------------------------------------------------~-------------------------------~------------------------·-·~--~
CONCLUSION
I respectfully request that your OFFICE of the Idaho Public Utilities Commission
investigate this entire matter concerning this wicked and wanton behavior and the strong-arm
intimidation tactics of ROCKY MOUNTA POWER/PACIFICORP and why they are permitted
to continue to vio]ate and interfere with customer's va] id contractual agreements against their will
and free consent, as well as violating their FOURTH and FIFTH AMENDMENT rughts, and other
violations mentioned above.
Thank you in advance for your time and consideration in remedying this n1B.tter as soon as
possible in order that justice may be done~
Very truly1
5
Fw: Important information about your electric meter
From: a [e-mail] (armbrujl@frontfemetnet)
To: [e-mail]
Date: Tuesday, November 2Z 2022 at 06:19 AM MST
---Fo,warded Message ~
From: Rocky Mountain Power <[e-mail]>
To: "[e-mail]~ <armbrujt@fronttemelnet>
Sent: Friday1 November 18, 2022, 04: 10:21 PM MST
SubJact: Important information about your electric meter
Dear Christy Armbruster,
You can count on us to provide the affordable and consistent
power you need. We're using state-of-the-art technology to
deliver dependable power as we plan for the future.
We were recently in your area to upgrade your existing electric
meter, but our installer couldn't access the meter base at 3807 E
120 N Rigby ID. As required by the Idaho Public Service
Commissioni clear and safe access must be available to electric
meters for inspection, maintenance, meter upgrades, and to
enable us to respond to any emergencies.
The Idaho Public Utilities Commission has reviewed smart meter
technology, and the prevai1ing scientific research on consumer
safety, and concluded that smart meters are allowed in Idaho
without any alternative metering options.
Please call 1-800-895.0631 within 15 days of receiving this
letter to resolve any access Issues and set an appointment
to have your meter updated. We are happy to answer any
questions you may have regarding the new meter and look
forv1ard to working with you.
Kind Regards, Rocky Mountain Power
Para mas informaci6n, Ila me al 1-888-225--2611 para hablar con
un especialista en espanol.
2 11 I
Rocky Mountain Power has processed your request
From: [e-mail]
To: [e-mail]
Date: Monday, October 18, 2021 at 06:51 PM MDT
Dear Christy Armbruster:
Rocky Mountain Power completed your online request to start service at 3807 E 120 N RIGBY JD
83442 effective 10/25/2021. No further action is necessary.
If you have questions, please send us a message at https://www.rockymountainpower.net/contact or
call us at 1-888-221 .. 7070. Any of our customer care specialists will be happy to assist you.
Set up and ma1nage your account the way you like with these convenient solutions:
Download our mobHe app
Our mobile app makes it easy to pay your billsl track power outages and more. Simply use your
existing online log in for our mobile app. Download the Rocky Mountain Power app today.
Choose account alerts
Let us provide you courtesy updates your way. right away. Customize text and email alerts for your
account at https://www.rockymountainpower .. net/alerts
Find ways to save
Need helpful tips on energy savings or rebates? Visit https://www.rockymountainpower.net/save
Register ,online account at htt:ps://csapps.rockymountainpower.net/idm/create-profUe or connect to
an existing account at https://csapps.rockymountainpower.net/secure/my-account/manage/add­
account
Thank you for being our customer.
Rocky Mountain Power
March 26,2023
Jan Noriyuki,Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise,ID 83720-0074
Dear Jan Noriyuki,
I am writing to submit a formal complaint with the IPUC in regards to being forced/coerced to
accept a “smart meter.”It is not in my or my family's best interest to have a smart meter
installed.At this point we have been left with little choice as we are being threatened to have our
power terminated on the 29th of March,2023.We have children in the home and over twenty
head of livestock (horses,cows,and goats)and numerous chickens that depend on daily water
to live.Most of my waterers consist of automatic waterers that supply water on demand.If the
power is off they are immediately out of water.Our house is heated with electricity with no other
means to heat it.It is my understanding that the power cannot be shut off when temperatures
are 32°or below.Most of the weather has been consistently below 32°.Much of my business is
run from home.Without electricity I am unable to conduct my business.My daughter is
homeschooled and without electricity she is unable to continue with her schooling.
We have lived the past 23 years in this home with an analog meter.We have never missed or
been late with a payment.Our past payments total somewhere in the neighborhood of $60,000.
Our agreement with the power company never consisted of an agreement to allow “smart
meters.”
We do not own a cell phone,use a microwave oven and limit our exposure to EMFs as much as
possible.And while we recognize EMF exposure comes in many forms and not all of it can be
avoided,we certainly feel it is our right to be able to avoid adding additional exposure via
technologies such as “smart meters.”There are numerous studies to support the fact that EMF’s
may be carcinogenic and that caution is advised.
I have been informed multiple times,including your office that Idaho does not offer any opt outs
from “smart meters.”It would appear that is not an entirely true statement.It is my
understanding that Idaho Falls Power customers are not required to have smart meters nor are
customers of Fall River Rural Electric.So by this fact,there are opt outs.Why have they been
allowed for only a select or rather elect group of people?This is neither fair nor equitable.
There are many organizations and peoples that are cautioning of the dangers,health hazards,
risks and loss of privacy from “smart meters.”It is reasonable and expected due to the lack of
consensus of the safety and privacy of said meters that Idahoans should be granted the
freedom to opt out.Our Idaho Public Utilities and Idaho Legislature have clearly not made any
real effort to advocate for the citizenry of Idaho.At a minimum we should be granted the same
privileges afforded Idaho Falls Power and Fall River Rural Electric.
RECEIVED
2023 March, 27 9:16aM
IDAHO PUBLIC
UTILITIES COMMISSION
CASE NO. PAC-E-23-11
Our ultimate goal is to ensure that we can have the ability to opt out of a “smart meter” like other
Idahoans who are not being forced to submit to the installation of a “smart meter” due to their
affiliation to municipal and co-op sources of power.
Regards,
Diane Huskinson
12450 N 65th E
Idaho Falls, ID 83401
[phone]