20230327Formal Complaint.pdf

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
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existing online log in for our mobile app. Download the Rocky Mountain Power app today.
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account at https://www.rockymountainpower .. net/alerts
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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