20230522Objection to Motion to Dismiss.pdf

From: Christy Armbruster <[e-mail]>
Sent: Monday, May 22, 2023 12:25 PM
To: Jan Noriyuki <[e-mail]>
Subject: Objection to ROCKY MOUNTAIN POWER "Motion to Dismiss"

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To: Jan Noriyuki, Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074

Date: May 22, 2023

From: Christy Armbruster
3807 E 120 N
Rigby, ID 83442

RE: Objection to ROCKY MOUNTAIN POWER “Motion to Dismiss” Case ID "PAC-E-23-
08"

Dear Ma’am,
I object to the motion by ROCKY MOUNTAIN POWER/PACIFICORP to dismiss
my complaint (case ID "PAC-E-23-08") based on failure to state a claim.

CLAIM: Extraction of personal and private information without a lawfully issued
and/or executed search warrant through the installation of a smart meter, which
monitors, logs, stores, transfers, and shares daily personal and private habits and
routines of occupants of private homes. This amounts to gross violation of my FOURTH
AMENDMENT right to be secure in my house.

According to Rocky Mountain Power’s website,
https://www.rockymountainpower.net/my-account/energy-usage/meter-upgrade/safe-
secure.html, “Advance metering technology cannot track or record individual appliance
usage. Instead, it can only record whole-house electrical usage information – the same
information collected by your old meter. This means Rocky Mountain Power gets no
information on the specifics of how you use energy, only the total usage. For example, if
your home used 3 kWh of electricity in a given hour, the new meter would transmit “3
kWh.””

However, my statement, see the two images of Attachment A, includes a
breakdown of how the power is used in my home, such as heating, laundry, cooking,
and lighting.

Secondly, again from their website, “To further guard privacy, customers are
assigned a unique, random number that is associated with their usage data. No
personal information, such as name, address or account number, is ever transmitted
from digital meters.” That random number must have account information attached to
the data sent or they could not bill the proper person.

I seek relief by Idaho Public Utility Commission in the following ways:
1) Decline ROCKY MOUNTAIN POWER/PACIFICORP’s motion to dismiss my
case “with prejudice”.
2) Require ROCKY MOUNTAIN POWER/PACIFICORP to correct their
misleading statements to their customers regarding private information that is being
collected and shared through the use of smart meters.
3) Relieve ROCKY MOUNTAIN POWER/PACIFICORP and other public utility
companies serving Idaho of the unreasonable burden of 100% meter upgrades by
allowing customers to opt-out and companies to negotiate alternative metering
arrangements.

Thank you in advance for your time and consideration in remedying this matter
as soon as possible in fulfillment of public trust. In the case of pulsed radio frequencies,
as used in electric metering (measuring/trespassing) devices, company profit motives
cause a disregard for the health and privacy concerns of a minority of citizens1. We call
upon Idaho Public Utility Commission to protect the minority of consumers from "one-
size-fits-all" meter upgrades.

Sincerely,

Christy Armbruster
___________________________________
Christy Armbruster

1https://childrenshealthdefense.org/wp-content/uploads/Brief-and-Addendum-Submitted-
9-14.pdf, accessed 5/20/2023