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Home My WebLink About20240116Decision Memo.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: MICHAEL DUVAL DEPUTY ATTORNEY GENERAL DATE: JANUARY 16, 2024 SUBJECT: IN THE MATTER OF SHERRY COLE’S FORMAL COMPLAINT AGAINST ROCKY MOUNTAIN POWER; CASE NOS. PAC-E-23-12; SUP- E-23-01. On March 16, 2023, Sherry Cole (“Petitioner-Appellant”) filed a formal complaint with the Idaho Public Utilities Commission (“Commission”) alleging that Rocky Mountain Power, a division of PacifiCorp (“Company”), overcharged her while her meter was cross-connected with her neighbor’s meter. Petitioner-Appellant stated she was inappropriately charged for her neighbor’s higher power consumption. While acknowledging some remedial actions and compensation by the Company, Petitioner-Appellant believed further compensation was necessary to be made whole. On July 24, 2023, the Commission issued a Final Order in this case dismissing the Petitioner-Appellant’s complaint and referencing the Commission’s Utility Customer Relations Rules as found under IDAPA 31.21.01. Order No. 35856. On July 28, 2023, Petitioner-Appellant filed a Motion for Reconsideration. After careful review, Petitioner-Appellant’s Motion for Reconsideration was denied in Commission Order No. 35903. Petitioner-Appellant appealed to the Idaho Supreme Court. On September 19, 2023, a Notice of Appeal was filed. Since that time, Petitioner-Appellant has filed various motions— mostly requesting that the Commission be removed as a respondent in Petitioner-Appellant’s appeal—these requests have been denied by the Idaho Supreme Court. THE PETITIONER-APPELLANT’S OBJECTION On December 22, 2023, Petitioner-Appellant objected to the record that was to be submitted to the Idaho Supreme Court. Idaho Appellate Rule 29 outlines the proper process for the objections to the record. It includes the following: DECISION MEMORANDUM 2 Any objection made to the reporter’s transcript or clerk’s or agency’s record must be accompanied by a notice setting the objection for hearing and shall be heard and determined by the district court or administrative agency from which the appeal is taken; provided, however, that no hearing shall be necessary if the opposing party stipulates to, or otherwise indicates in writing that it does not oppose, the relief requested in the objection. After such determination is made, the reporter’s transcript and clerk’s or agency’s record shall be deemed settled as ordered by the district court or administrative agency. Idaho Appellate Rule 29(a). Accordingly, the record in this case must be settled by a hearing before the Commission or by a stipulation of the parties. Even if a stipulation is reached, the record must then be approved by the Commission. Petitioner-Appellant’s objections included that certain orders were included more than once in the record (which was done to illustrate the procedural history of the case). Petitioner-Appellant also objected to the inclusion of Jon Kruck’s Affidavit and certain supporting materials totaling approximately 200 pages. After negotiations, the parties proposed to stipulate a reduced record (“Updated Record”). The orders from PAC-E- 23-12 would only be included one time and certain supporting materials from Jon Kruck’s Affidavit would also be omitted—greatly reducing the size of the record. In an email sent on January 5, 2024, Petitioner-Appellant stated: “I am willing to accept these changes as that was all I was asking of the agency to do besides remove themselves as defendants.” Exhibit B. However, Petitioner-Appellant continued to send several emails to the parties, the Idaho Supreme Court, and the Attorney General’s Office. These emails contained statements that could be interpreted as her accepting the record or rejecting the record—often such contradictory sentiments were expressed within the same email. Representatives from the Commission and the Company repeatedly explained Idaho Appellate Rule 29(a) to Petitioner-Appellant and then sought her clarification on these matters. This correspondence to her repeatedly, clearly, and unambiguously informed the Petitioner-Appellant that she must either stipulate to the record with the parties or argue for her proposals at a hearing before the Commission. The Petitioner- Appellant’s replies were passionate but not easily discernable as to her preference. The only thing that remained consistent is that she did not want to argue her position at a hearing before the Commission. Petitioner-Appellant had stated previously, that she “[o]bject[ed] to any more hearings with the agency itself. . . .” Exhibit C at 1. While Petitioner-Appellant was not later able to formulate a clearly discernable reply, this seemed to be her continued position. To clarify potential internal contradictions in Ms. Cole’s correspondence, the Company’s representative sent Ms. Cole an email on January 11, 2024. It stated: “From reading [a previous] DECISION MEMORANDUM 3 email, it is my interpretation that you would like to withdraw your original objection to the record and want the original version submitted. If this is incorrect please let us know.” Exhibit D. Ms. Cole’s subsequent replies indicated her frustration with the case but appeared to confirm the general impression that Ms. Cole wanted the Updated Record sent to the Supreme Court. In fact, in a January 7, 2024, Motion for Default Judgment with the Idaho Supreme Court, Petitioner- Appellant complained that the case should be dismissed because “the defendants failed to submit the records requested in a timely manner to this court.” Exhibit E at 1. This seems to clearly indicate that Petitioner-Appellant wants the record to be sent to the Idaho Supreme Court. A copy of this memorandum has been sent to Ms. Cole with instructions to let the parties know if she would rather have a hearing before the Commission than send the Updated Record to the Idaho Supreme Court. Pending Commission approval, it now appears that the parties in this case have a proposed stipulation as to the record pursuant to Idaho Appellate Rule 29(a). RECOMMENDATION It is recommended that the Commission approve the Updated Record as found in Exhibit A. COMMISSION DECISION 1.Does the Commission wish to approve the Updated Record and submit it to the Idaho Supreme Court? 2.Anything else? __________________________ Michael Duval Deputy Attorney General I:\Legal\ELECTRIC\PAC-E-23-12 Cole\memos\PACE2312_SUPE2301_dec_record_md.docx EXHIBIT A: The Updated Record IN THE SUPREME COURT OF THE STATE OF IDAHO ) APPEAL FROM THE IDAHO PUBLIC UTILITIES COMMISSION ______________________________________________ Appeal from Idaho Public Utilities Commission Commissioner Eric Anderson, Presiding ________________________________________ Attorney for Respondent Idaho PUC RAÚL R. LABRADOR Idaho Attorney General Michael Duval, ISB #11714 Idaho Public Utilities Commission 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83704 Appellant, pro se Sherry Cole 350 S. 12th W., #14 St. Anthony, ID 83445 Attorneys for Respondent PacifiCorp d/b/a Rocky Mountain Power Company Joe Dallas Senior Attorney Rocky Mountain Power 825 NE Multnomah, Ste. 2000 Portland, OR 97232 IN THE MATTER OF SHERRY COLE’S FORMAL COMPLAINT AGAINST PACIFICORP, d/b/a ROCKY MOUNTAIN POWER COMPANY ) ) ) ) ) ) Supreme Court Docket No. 51148-2023 SHERRY COLE, Petitioner – Appellant, v. IDAHO PUBLIC UTILITIES COMMISSION and PACIFICORP, d/b/a ROCKY MOUNTAIN POWER COMPANY, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) Idaho Public Utilities Commission No. PAC-E-23-12 PROPOSED AGENCY RECORD ON APPEAL Table of Contents i (Chronological Index) DOCKET NO. 51148 TABLE OF CONTENTS (Chronological Index) SHERRY COLE FORMAL COMPLAINT dated March 16, 2023 .......................................................................................................5 IPUC STAFF DECISION MEMORANDUM dated April 25, 2023 ........................................................................................................ 7 IPUC SUMMONS TO PACIFICORP d/b/a Rocky Mountain Power dated May 5, 2023 ............................................................................................................ 8 IPUC SUMMONS & COMPLAINT TO PACIFICORP d/b/a Rocky Mountain Power dated May 18, 2023 ........................................................................................................ 10 ROCKY MOUNTAIN POWER’S ANSWER AND MOTION TO DISMISS dated June 8, 2023 ..........................................................................................................15 SHERRY COLE COMMENT dated June 9, 2023 ..........................................................................................................38 IPUC ORDER NO. 35856_FINAL dated July 24, 2023 .........................................................................................................39 SHERRY COLE COMMENT dated July 25, 2023 .........................................................................................................43 SHERRY COLE ADDITIONAL DOCUMENTATION (Confidential) dated July 25, 2023 .........................................................................................................44 SHERRY COLE MOTION FOR RECONSIDERATION dated July 28, 2023 .........................................................................................................47 AFFIDAVIT OF JON KRUCK dated August 14, 2023 ....................................................................................................58 SHERRY COLE COMMENT dated August 15, 2023 ....................................................................................................61 IPUC ORDER NO. 35903_FINAL ON RECONSIDERATION dated August 22, 2023 ....................................................................................................62 1 Table of Contents i (Chronological Index) SHERRY COLE NOTICE OF APPEAL dated September 6, 2023 .................................................................................................68 CLERK’S CERTIFICATE OF APPEAL dated September 18, 2023 ...............................................................................................74 IPUC STAFF DECISION MEMORANDUM dated September 26, 2023 ............................................................................................... 78 IPUC ORDER NO. 35934_AMENDING TITLE OF APPEAL dated September 27, 2023 .............................................................................................. 79 CLERK’S CERTIFICATE OF SERVICE OF PROPOSED AGENCY RECORD dated November 29, 2023 ...............................................................................................81 2 Table of Contents ii (Alphabetical Index) DOCKET NO. 51148 TABLE OF CONTENTS (Alphabetical Index) AFFIDAVIT OF JON KRUCK dated August 14, 2023 ....................................................................................................58 CLERK’S CERTIFICATE OF APPEAL dated September 18, 2023 ...............................................................................................74 CLERK’S CERTIFICATE OF SERVICE OF PROPOSED AGENCY RECORD dated November 29, 2023 ...............................................................................................81 IPUC ORDER NO. 35856_FINAL dated July 24, 2023 .........................................................................................................39 IPUC ORDER NO. 35903_FINAL ON RECONSIDERATION dated August 22, 2023 ....................................................................................................62 IPUC ORDER NO. 35934_AMENDING TITLE OF APPEAL dated September 27, 2023 .............................................................................................. 79 IPUC STAFF DECISION MEMORANDUM dated April 25, 2023 ........................................................................................................ 7 IPUC STAFF DECISION MEMORANDUM dated September 26, 2023 ............................................................................................... 78 IPUC SUMMONS TO PACIFICORP d/b/a Rocky Mountain Power dated May 5, 2023 ............................................................................................................ 8 IPUC SUMMONS TO PACIFICORP d/b/a Rocky Mountain Power w/Complaint dated May 18, 2023 ........................................................................................................ 10 ROCKY MOUNTAIN POWER’S ANSWER AND MOTION TO DISMISS dated June 8, 2023 ..........................................................................................................15 SHERRY COLE ADDITIONAL DOCUMENTATION (Confidential) dated July 25, 2023 .........................................................................................................44 SHERRY COLE COMMENT dated June 9, 2023 ..........................................................................................................38 3 Table of Contents ii (Alphabetical Index) SHERRY COLE COMMENT dated July 25, 2023 .........................................................................................................43 SHERRY COLE COMMENT dated August 15, 2023 ....................................................................................................61 SHERRY COLE FORMAL COMPLAINT dated April 16, 2023 .........................................................................................................5 SHERRY COLE MOTION FOR RECONSIDERATION dated July 28, 2023 .........................................................................................................47 SHERRY COLE NOTICE OF APPEAL dated September 6, 2023 .................................................................................................68 4 From: S Cole <slordaz@hotmail.com> Sent: Thursday, March 16, 2023 2:21 PM To: Jan Noriyuki <jan.noriyuki@puc.idaho.gov> Subject: Fw: Rocky Mountain Power CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. Jan, This needs to be done in formal complaint please if I am understanding Jon on this as he has steeped out of the informal with this Concerning complaint about Rocky Mountain Power Fact one when they came out and replaced the meter on 22, I had been arguing with them since not sure on date but it was approx 5 years ago when they moved the meter banks , they let me know that the meters were crossed due to my power having an issue and when they turned oﬀ the meter that was supposedly mine it turned oﬀ the neighbors power instead of mine, when the workman le� he said someone would be out to get it ﬁxed, in January I called as nobody had been out they sent someone out to check and ﬁx the issue, which I received writen report Dated January 25th 2023 of their ﬁndings and that it was corrected and billing also was corrected which reﬂected on my January bill dated due February. We were good at this point. When I received the February Bill due in March they had reversed the credit given for the improper billed meter , 1620.08 claiming they reversed the charges due to the meters never being crossed according to them which we already had the proof and had sent it to Jon, but my neighbor had called cause her bill was diﬀerent apparently a�er being corrected from what they were telling Jon. Issue here is because it was corrected in January when Neighbor called in February they said no the meters were not crossed so Rocky mountain Power ignored the crossed meters being ﬁxed in January and charged me this amount which they had given credit for their over charging me before. I know it's a mess and add in they sent out another on March 13 as per Jons request. This is very complicated but meters haven't been crossed since January 2023. but they should not have reversed charged the 6 months credit given in January when they were uncrossed, on Feb and March visits, of 1620.08 the 450 they agreed with Jon to give me as sign of good will but that does not cover the taking back of the credit as I was billed for wrong meter of 1620.08 I was not saying the lines were crossed a�er January I was explaining why that credit was given on my account. RECEIVED 2023 March 16, 2:21PM IDAHO PUBLIC UTILITIES COMMISSION CASE NO. PAC-E-23-12 5 I just want the proper credit reinstated that they took away since it was uncrossed in January and that is conﬁrmed by the subsequent visits now minus the 450 credit they issued, and that's not anything for my �me and a guarantee this is over cause this credit ,reverse, credit is just complica�ng things worse. Hopefully we can get this straightened out and ﬁnally done, I am preparing paper work to take it to small claims if I need to and having trouble pinning down where to send legal paperwork to them Thank you for your help and �me Sherry Cole 6 DECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: MICHAEL DUVAL DEPUTY ATTORNEY GENERAL DATE: APRIL 25, 2023 SUBJECT: IN THE MATTER OF SHERRY COLE’S FORMAL COMPLAINT AGAINST ROCKY MOUNTAIN POWER; CASE NO. PAC-E-23-12. On March 16, 2023, Sherry Cole (“Petitioner”) filed a formal complaint (“Complaint”) with the Idaho Public Utilities Commission (“Commission”). Petitioner alleges that Rocky Mountain Power, a division of PacifiCorp (“Company”), overcharged her while her meter was cross-connected with her neighbor’s meter. Petitioner states her subsequent bill was inappropriately correlated to her neighbor’s higher power consumption. The Company investigated the matter and made changes to correct the meter bases. While acknowledging some remedial actions and compensation by the Company, Petitioner believes further compensation is necessary to be made whole. Petitioner requests further compensation from the Company. RECOMMENDATION Commission Staff (“Staff”) recommends the Commission issue a Summons to the Company directing it to answer or otherwise respond to the Complaint within 21 days. COMMISSION DECISION 1.Does the Commission wish to issue a Summons to the Company directing it to answer or otherwise respond to the Complaint within twenty-one (21) days? 2.Anything else? __________________________ Michael Duval Deputy Attorney General I:\Legal\ELECTRIC\PAC-E-23-12 Cole Complaint\PACE2312_dec_md.docx 7 8 9 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 May 18,2023 Via Certified Mail PacifiCorp d/b/a Rocky Mountain Power 1407 West North Temple,Suite 330 Salt Lake City, UT 84116 Re:IPUC Case No.PAC-E-23-12 Sherry Cole vs.PacflCorp d/b/a Rocky Mountain Power Company To Whom It May Concern, Enclosed please find a Summons and Formal Complaint issued against PacifiCorp d/b/a Rocky Mountain Power Company in the above-mentioned case.As directed in the Summons,you are to file a written response to the Complaint with this Commission within twenty-one (21)days of the service date of the Summons. Sincerely, Jan Noriyuki Commission Secretary Enclosure(s) I:\Legal\ELECTRIC\PACRMP Smart Meter Complaints\SummonsCvrLtr dh.docx P.O.Box 83720, Boise, Idaho 83720-0074 Telephone:(208)334-0300,Fax:(208)334-3762 11331 W.Chinden Blvd., Bldg.8,Suite 201-A, Boise, Idaho 83714 10 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION SHERRY COLE,) COMPLAINANT,)SUMMONS vs.)CASE NO. PAC-E-23-12 PACIFICORP,d/bla ROCKY MOUNTAIN )POWER,) 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 a Complaint has been filed with the Idaho Public Utilities Commission by the above-named Complainant;and YOU ARE HEREBY DIRECTED to file a written answer or written motion in defense of the Complaint 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 Complaint or as it deems appropriateunder Title 61 of the Idaho Code. WITNESS my hand and the seal of the Idaho Public Utilities Commission this (Û - day of May 2023. Ja yuk (Commission Secretary I:\Lega1\ELECTRIC\PAC_RMP Smart Meter Complaints\Summons to PAC dh docx SUMMONS 1 11 RECElVED 2023 March 16,2:21PM IDAHO PUBLIC UTILITIES COMMISSIONFrom:S Cole <slordaz(Shotmail.com> Sent:Thursday,March 16,2023 2:21 PM CASE NO .PAC-E -2 3-12 To:Jan Noriyuki<ian.noriyuki(Spuc.idaho.gov> Subject:Fw:Rocky Mountain Power CAUTION:This email originated outside the State of Idaho network.Verify links and attachments BEFORE you click or open,even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. Jan, This needs to be done in formal complaint please if I am understanding Jon on this as he has steeped out of the informal with this Concerning complaint about Rocky Mountain Power Fact one when they came out and replaced the meter on 22,I had been arguing with them since not sure on date but it was approx 5 years ago when they moved the meter banks,they let me know that the meters were crossed due to my power having an issue and when they turned off the meter that was supposedly mine it turned off the neighbors power instead of mine,when the workman left he said someone would be out to get it fixed,in January I called as nobody had been out they sent someone out to check and fix the issue,which I received written report Dated January 25th 2023 of their findings and that it was corrected and billing also was corrected which reflected on my January bill dated due February.We were good at this point. When I received the February Bill due in March they had reversed the credit given for the improper billed meter ,1620.08 claiming they reversed the charges due to the meters never being crossed according to them which we already had the proof and had sent it to Jon,but my neighbor had called cause her bill was different apparentlyafter being corrected from what they were tellingJon. Issue here is because it was corrected in Januarywhen Neighbor called in February they said no the meters were not crossed so Rocky mountain Power ignored the crossed meters being fixed in Januaryand charged me this amount which they had given credit for their over charging me before. I know it's a mess and add in they sent out another on March 13 as per Jons request.This is very complicated but meters haven't been crossed since January 2023.but they should not have reversed charged the 6 months credit given in Januarywhen they were uncrossed,on Feb and March visits,of 1620.08 the 450 they agreed with Jon to give me as sign of good will but that does not cover the taking back of the credit as I was billed for wrong meter of 1620.08 I was not saying the lines were crossed after January I was explaining whythat credit was given on my account. 12 I justwant the proper credit reinstated that they took away since it was uncrossed in January and that is confirmed by the subsequent visits now minus the 450 credit they issued, and that's not anythingfor my time and a guarantee this is over cause this credit ,reverse,credit is just complicating things worse. Hopefullywe can get this straightened out and finallydone,I am preparing paper work to take it to small claims if I need to and having trouble pinning down where to send legal paperwork to them Thank you for your help and time Sherry Cole 13 U.S.Postal ServiceTM CERTIFIED MAIL®RECEIPTDomesticMailOnly Certified Mail Fee $ExtraServices&Fees (checkbox,add fee as appropriate)O Return Receipt (hardcopy)$OReturn Receipt (electronic)*PóstmarkOCertifiedMailRestrictedDelivery$HereOAdultSignatureRequired$O Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent To ŠÏ?ãëÏ dApt No.6ŸËÒKöÑ ÑÑ. 14 1407 West North Temple, Suite 330 Salt Lake City, Utah 84116 June 8, 2023 VIA ELECTRONIC DELIVERY Jan Noriyuki Commission Secretary Idaho Public Utilities Commission 11331 W Chinden Blvd. Building 8 Suite 201A Boise, ID 83714 Re: CASE NO. PAC-E-23-12 FORMAL COMPLAINT OF SHERRY COLE Dear Ms. Noriyuki: Please find Rocky Mountain Power’s Answer in the above referenced matter. Informal inquiries may be directed to Mark Alder, Idaho Regulatory Manager at (801) 220-2313. Very truly yours, Joelle Steward Senior Vice President of Regulation and Customer/Community Solutions RECEIVED Thursday, June 8, 2023 5:10:15 PM IDAHO PUBLIC UTILITIES COMMISSION 15 1 Joe Dallas (ISB# 10330) 825 NE Multnomah, Suite 2000 Portland, OR 97232 Telephone: (360) 560-1937 Email: joseph.dallas@pacificorp.com Attorney for Rocky Mountain Power BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION FORMAL COMPLAINT OF SHERRY COLE VS PACIFICORP D/B/A ROCKY MOUNTAIN POWER CASE NO. PAC-E-23-12 ANSWER AND MOTION TO DISMISS 1.In accordance with Rule 57 of the Rules of Procedure of the Idaho Public Utilities Commission (“Commission”), Rocky Mountain Power, a division of PacifiCorp (“Rocky Mountain Power” or the “Company”) hereby provides its answer to the formal complaint (“Complaint”) filed by Sherry Cole (“Complainant” or “Ms. Cole”) with the Commission on April 4, 2023. In addition, the Company moves to dismiss the Complaint in its entirety because Complainant has failed to state a claim upon which relief can be granted. Complainant has not alleged that Rocky Mountain Power violated any specific statute, administrative rule, Commission order, or Company tariff in resolving the billing errors at issue in this proceeding. 2.Communications regarding this Case should be addressed to: By e-mail (preferred): datarequest@pacificorp.com joseph.dallas@pacificorp.com mark.alder@pacificorp.com By mail: Data Request Response Center Rocky Mountain Power 825 NE Multnomah St., Suite 2000 Portland, OR 97232 16 2 Mark Alder Idaho Regulatory Affairs Manager Rocky Mountain Power 1407 West North Temple, Suite 330 Salt Lake City, Utah 84116 Telephone: (801) 220-2313 Email: mark.alder@pacificorp.com Joe Dallas (ISB# 10330) Senior Attorney Rocky Mountain Power 825 NE Multnomah, Suite 2000 Portland, OR 97232 Telephone: (360) 560-1937 Email: joseph.dallas@pacificorp.com I. INTRODUCTION 3.The Complainant alleges that the Company owes her $1170.08 for charges that were mistakenly billed to her due to an error in calculating her billing based on her neighbor's meter. According to the Complainant, her meter and her neighbor's meter were initially crossed approximately 5 years ago. The Company initially credited Ms. Cole’s account with $1850.52 in error, believing that her meter was indeed crossed with her neighbor’s. However, a subsequent breaker test conducted by the Company confirmed that Ms. Cole’s meter is accurately associated with her own account. Consequently, the Company reversed the initial credit of $1850.52, but provided a goodwill compensation of $450 to address the inconvenience caused by the bill credit and reversal. The Company has carefully reviewed and verified that Ms. Cole has been appropriately billed for the electric usage associated with her account. Throughout this process, the Company has acted in good faith and in accordance with its tariffs, specifically Electric Service Regulation No. 7(a), which allows the Company to rectify certain billing errors. Therefore, based on the foregoing and the Company’s adherence to its applicable tariffs, the Rocky Mountain Power respectfully requests that the Complaint be dismissed. 17 3 II.BACKGROUND INFORMATION ON BILLING ERROR 4.The following is a timeline of events: January 3, 2023: Ms. Cole contacted the Company and expressed her belief that her meter was crossed with her neighbor’s meter. In response, the Company’s customer service agent initiated a work order to have her meter checked. January 13, 2023: The Company’s meter reader visited the location to inspect the meters. However, during this visit, the meter reader misunderstood the purpose of the visit and did not conduct a breaker test to electrically verify if the meters were crossed. A breaker test is a procedure performed to determine whether there is a cross- connection or misalignment in the electrical wiring between meters. It involves temporarily disconnecting the electrical supply to each meter and observing any impact on neighboring meters to identify potential cross-connections. The main service disconnect breaker is utilized, if available, to turn off the electrical supply downstream from a specific meter, allowing an individual to assess what is served (or not served) by that meter. This helps in identifying any cross-connections or misalignments in the electrical wiring between meters. Instead of conducting a breaker test, the meter reader concluded that the meters were crossed based on a visual inspection of the meters and information provided by Ms. Cole. January 25, 2023: Based on the information provided by the meter reader, the Company’s billing agent made adjustments to the billing.1 The adjustment was made pursuant to Electric Service Regulation No. 7(a) which states that the corrected billing 1 It is important to note that the Company subsequently rectified this error by conducting a subsequent breaker test. The breaker test confirmed the accurate association of Ms. Cole's meter with her own account, thereby resolving any doubts or confusion. The Company took prompt action to correct the issue and ensure that Ms. Cole's billing and meter were properly aligned. 18 4 should not exceed six months if the time when the malfunction or error began cannot be reasonable determined. However, the billing agent made a seven-month adjustment,2 reconciling the neighbor’s and Ms. Cole’s meter. As a result, Ms. Cole received a bill on January 30, 2023, which removed $1,857.20 in charges and added $600.75 in charges, resulting in net credit of $1,256.45 for the period from June 2022 to December 2022. The January 30, 2023 bill, detailing these adjustments, is attached to this Answer as Confidential Exhibit No. 1 – Customer Bills.  February 8, 2023: A Company meter reader revisited the property and conducted a breaker test, which confirmed that the meters were not crossed.  February 20, 2023: The initial billing adjustment made on January 30, 2023, was reversed which removed $596.20 in charges and added $1850.52 in charges resulting in $1,254.20 net credit reversal for the months from June 2022 to December 2022. The net credit reversal was $2.25 less than the net credit due to the Company’s system which automatically calculates prorations when making monthly adjustments. The details of this adjustment are included with Ms. Cole’s February 28, 2023 billing statement which is included in Confidential Exhibit No. 1 – Customer Bills. The calculation for the net credit and net credit reversal are attached as Exhibit No. 2 – Credit Reversal Calculations.  On March 2, 2023, Ms. Cole contacted the Company after receiving the adjusted bill. She was extremely upset and wanted the charges removed. The Company’s billing agent attempted to explain the reason for the reversal, but Ms. Cole was convinced that 2 The Company acknowledges that the adjustment made on January 25, 2023 should have been for six months as required by Electric Service Regulation No. 7(a). However, the Company believes that the customer was not harmed by this additional month since the Company has since reversed this charge. 19 5 the meters were crossed and believed she had been paying for her neighbor’s bill for years. She expressed she would contact the public utility commission and ended the phone call. March 13, 2023: A Company meter reader revisited the location once again and verified that the meters were not crossed by conducting a second breaker test. The meter reader performed the breaker test to ensure the accuracy of the meter readings. During this visit, Ms. Cole was present at home and was informed about the results of the breaker test. March 15, 2023: The Company credited Ms. Cole with a goodwill credit of $450 for the inconvenience caused by the bill credit and reversal. The credit is on Ms. Cole’s March 29, 2023 billing statement which is included with Confidential Exhibit No. 1 – Customer Bills. May 17, 2023: The Company confirmed electronic receipt of Complainant’s Complaint from Staff and notification that the Company would have 21 days from May 18, 2023, to respond to the Complaint. III.ANSWER TO COMPLAINANT’S ALLEGATIONS 5.On January 30, 2023, a credit of $1,256.45 was applied to Ms. Cole’s bill in accordance with Electric Service Regulation No. 7(a). The rule specifies that corrected billing should not exceed six months if the time when the malfunction or error began cannot be reasonable determined. The credit was initially given based on the assumption that Ms. Cole’s meter was crossed with her neighbor’s. However, a breaker test performed by the Company confirmed that Ms. Cole’s meter was never actually physically crossed with her neighbor’s. Therefore, the credit of $1,256.45 credit was given in error and was subsequently reversed by the Company. The 20 6 Company acknowledges that there was an initial error during the January 13 visit when the meter reader relayed the incorrect information to the customer service representative. As a gesture of goodwill, the Company credited Ms. Cole $450 for the inconvenience caused by the credit and its subsequent reversal. The Company recognizes that utility bills can be a substantial fixed costs for its customers and expresses regret for the initial billing error made in this case. 6.Electric Service Regulation No. 7(a) specifically anticipates the occurrence of billings errors during operations and outlines the appropriate procedures to follow once an error is discovered. The Company has acted in good faith and in accordance with this rule throughout the entire process.3 Furthermore, after thorough investigation, the Company has confirmed that Ms. Cole’s meter is not crossed with her neighbor’s meter. Both Ms. Cole and her neighbor are being billed appropriately for their electric usage. The verification of the meters through the breaker tests confirmed that the billing is accurate and reflective of their actual electricity consumption. Moreover, the Company has already provided the customer with an adequate credit to address the inconvenience caused by the billing error. Granting any additional credits or compensation to the customer would result in an excessively large credit, which would not be aligned with Rocky Mountain Power’s ability to effectively and reliably serve all of its customers in a cost-effective manner. Consequently, the Company respectfully requests that the relief sought in the Compliant be denied based on its compliance with Electric Service Regulation No. 7(a), confirmation of meter accuracy, and the credit already provided to address the initial billing error. IV.MOTION TO DISMISS 7.Rocky Mountain Power incorporates by reference paragraphs 4 through 6 as if set forth herein. 3 Supra footnote 2. 21 7 8.Based on the foregoing, Rocky Mountain Power moves to dismiss the Complaints under Rule 256 of the Rules of Procedure of the Idaho Public Utilities Commission for failure to state a claim. The Complainant has not identified any specific administrative rule, order, statute, or applicable provision of the Company’s tariff that Rocky Mountain Power violated. The Company has acted in accordance with Electric Service Regulation No. 7(a) to rectifying the billing error identified in this case. Additionally, the Company has conducted thorough verification confirming that the customer’s meter is not crossed with her neighbor’s and has already provided the customer with an appropriate credit to address the inconvenience caused by the billing error. Accordingly, the Company requests that the Commission dismiss the Complaint with prejudice. V.CONCLUSION 9.For the foregoing reasons, the Company requests that the Commission deny the relief sought in the Compliant and dismiss the Complaint with prejudice. DATED this 8th day of June, 2023. Respectfully submitted, ROCKY MOUNTAIN POWER ______________________________ Joe Dallas (ISB# 10330) Senior Attorney Rocky Mountain Power 825 NE Multnomah, Suite 2000 Portland, OR 97232 Telephone: (360) 560-1937 Email: joseph.dallas@pacificorp.com Attorney for Rocky Mountain Power 22 REDACTED EXHIBIT 1 23 24 New Mailing Address or Phone? Please print your new information below and check the box on the reverse side of this Payment Stub. Thank you. ACCOUNT NUMBER: 75048095-001 3 LAST FIRST NEW STREET ADDRESS CITY ST ZIP TELEPHONE NUMBER M.I. PAGE 2 OF 4 BILLING DATE: Jan 30, 2023 ACCOUNT NUMBER: 75048095-001 3 DUE DATE: Feb 25, 2023 AMOUNT DUE: $0.00 Questions about your bill: Call toll free 1-888-221-7070 rockymountainpower.net Av e r a g e k w h / d a y J F M A M J J A S O N D J 6 12 18 24 30 20232022 NEW CHARGES 05/22 CONTINUED UNITS COST PER UNIT CHARGE St Anthony Franchise Fee 0.0100000 0.04 Total New Charges 4.43 ADJUSTMENTS CHARGE 05/22 Fee Waived -1.35 06/22 Billed From Incorrect Meter 05/25/22 - 06/24/22 -122.11 06/22 Fee Waived -0.65 07/22 Billed From Incorrect Meter 06/24/22 - 07/27/22 -213.31 08/22 Billed From Incorrect Meter 07/27/22 - 08/25/22 -149.61 09/22 Billed From Incorrect Meter 08/25/22 - 09/26/22 -159.55 10/22 Billed From Incorrect Meter 09/26/22 - 10/25/22 -209.09 11/22 Billed From Incorrect Meter 10/25/22 - 11/28/22 -507.18 12/22 Adjusted Estimated Read 11/28/22 - 12/28/22 -494.35 Total Adjustments -1,857.20 ITEM 9 - ELECTRIC SERVICE Residential Schedule 1 METER NUMBER SERVICE PERIOD From To ELAPSED DAYS METER READINGS Previous Current METER MULTIPLIER AMOUNT USED THIS MONTH 342852591 Dec 28, 2022 Dec 28, 2022 8390 8390 1.0 341834327 Dec 29, 2022 Jan 27, 2023 8390 9043 1.0 Total 30 653 kwh Next scheduled read date: 02-27. Date may vary due to scheduling or weather. NEW CHARGES 01/23 UNITS COST PER UNIT CHARGE Basic Charge - Single Phase 8.00 Energy Charge Winter Block 1 653 kwh 0.0933050 60.93 Energy Cost Adjustment 653 kwh 0.0073300 4.79 Customer Efficiency Services 0.0250000 1.84 Tax Act Adjustment 653 kwh -0.0018200 -1.19 B P A Columbia River Benefits 653 kwh -0.0101330 -6.62 St Anthony Franchise Fee 0.0100000 0.68 Total New Charges 68.43 NEW CHARGES 12/22 UNITS COST PER UNIT CHARGE Basic Charge - Single Phase 8.00 Energy Charge Winter Block 1 685 kwh 0.0933050 63.91 Energy Cost Adjustment 685 kwh 0.0073300 5.02 Historical Data - ITEM 9 Your Average Daily kwh Usage by Month PERIOD ENDING Jan 2023 Jan 2022 Avg. Daily Temp. 21 17 Total kwh 653 0 Avg. kwh per Day 22 0 Cost per Day $2.28 $0.00 REDACTED 25 PAGE 3 OF 4 BILLING DATE: Jan 30, 2023 ACCOUNT NUMBER: 75048095-001 3 DUE DATE: Feb 25, 2023 AMOUNT DUE: $0.00 Questions about your bill: Call toll free 1-888-221-7070 rockymountainpower.net NEW CHARGES 12/22 CONTINUED UNITS COST PER UNIT CHARGE Customer Efficiency Services 0.0250000 1.92 Tax Act Adjustment 685 kwh -0.0018200 -1.25 B P A Columbia River Benefits 685 kwh -0.0101330 -6.94 St Anthony Franchise Fee 0.0100000 0.71 Total New Charges 71.37 NEW CHARGES 11/22 UNITS COST PER UNIT CHARGE Basic Charge - Single Phase 8.00 Energy Charge Summer Block 1 for 6 day(s)123 kwh 0.1119660 13.77 Energy Charge Winter Block 1 for 28 day(s)574 kwh 0.0933050 53.56 Energy Cost Adjustment 697 kwh 0.0073300 5.11 Customer Efficiency Services 0.0250000 2.01 Tax Act Adjustment 697 kwh -0.0018200 -1.27 B P A Columbia River Benefits 697 kwh -0.0101330 -7.06 St Anthony Franchise Fee 0.0100000 0.74 Total New Charges 74.86 NEW CHARGES 10/22 UNITS COST PER UNIT CHARGE Basic Charge - Single Phase 8.00 Energy Charge Summer Block 1 534 kwh 0.1119660 59.79 Energy Cost Adjustment 534 kwh 0.0073300 3.91 Customer Efficiency Services for 25 day(s)0.0250000 1.55 for 4 day(s)0.0225000 0.22 Tax Act Adjustment 534 kwh -0.0018200 -0.97 B P A Columbia River Benefits 534 kwh -0.0101330 -5.41 St Anthony Franchise Fee 0.0100000 0.67 Total New Charges 67.76 NEW CHARGES 09/22 UNITS COST PER UNIT CHARGE Basic Charge - Single Phase 8.00 Energy Charge Summer Block 1 635 kwh 0.1119660 71.10 Energy Cost Adjustment 635 kwh 0.0073300 4.65 Customer Efficiency Services 0.0225000 1.88 Tax Act Adjustment 635 kwh -0.0018200 -1.16 B P A Columbia River Benefits 635 kwh -0.0101330 -6.43 St Anthony Franchise Fee 0.0100000 0.78 Total New Charges 78.82 NEW CHARGES 08/22 UNITS COST PER UNIT CHARGE Basic Charge - Single Phase 8.00 Energy Charge Summer Block 1 700 kwh 0.1119660 78.38 Energy Charge Summer Block 2 158 kwh 0.1309990 20.70 Energy Cost Adjustment 858 kwh 0.0073300 6.29 Customer Efficiency Services 0.0225000 2.55 Tax Act Adjustment 858 kwh -0.0018200 -1.56 B P A Columbia River Benefits 858 kwh -0.0101330 -8.69 St Anthony Franchise Fee 0.0100000 1.06 Total New Charges 106.73 NEW CHARGES 07/22 UNITS COST PER UNIT CHARGE Basic Charge - Single Phase 8.00 Energy Charge Summer Block 1 700 kwh 0.1119660 78.38 Energy Charge Summer Block 2 281 kwh 0.1309990 36.81 Energy Cost Adjustment 981 kwh 0.0073300 7.19 Customer Efficiency Services 0.0225000 2.93 Tax Act Adjustment 981 kwh -0.0018200 -1.79 B P A Columbia River Benefits 981 kwh -0.0101330 -9.94 St Anthony Franchise Fee 0.0100000 1.22 Total New Charges 122.80 NEW CHARGES 06/22 UNITS COST PER UNIT CHARGE Basic Charge - Single Phase for 29 day(s)7.73 Energy Charge Summer Block 1 for 24 day(s) 510 kwh 0.1119660 57.10 Energy Charge Winter Block 1 for 5 day(s)106 kwh 0.0933050 9.89 Energy Cost Adjustment for 24 day(s)510 kwh 0.0073300 3.74 26 PAGE 4 OF 4 BILLING DATE: Jan 30, 2023 ACCOUNT NUMBER: 75048095-001 3 DUE DATE: Feb 25, 2023 AMOUNT DUE: $0.00 Questions about your bill: Call toll free 1-888-221-7070 rockymountainpower.net NEW CHARGES 06/22 CONTINUED UNITS COST PER UNIT CHARGE for 5 day(s)106 kwh 0.0035400 0.38 Customer Efficiency Services 0.0225000 1.77 Tax Act Adjustment for 29 day(s)616 kwh -0.0018200 -1.12 B P A Columbia River Benefits for 29 day(s)616 kwh -0.0101330 -6.24 St Anthony Franchise Fee 0.0100000 0.73 Total New Charges 73.98 When you provide a check as payment, you authorize us to use the information from your check either to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as we receive your pay- ment and you will not receive your check back from your financial institution. If you would like to opt out of this program and continue processing your payment as a check transaction, please call 1-800-895-0561. If you have opted out previously, please disregard this message. Manage your account with ease Popular billing options include Auto Pay, Equal Pay and choice of due dates. You can even earn a credit each month when you sign up for paperless billing. See details and enroll at rockymountainpower.net/billoptions Looking for other ways to pay? Visit rockymountainpower.net/pay for all your options. You can choose to pay on your device using our mobile app, on our website, at a pay station in your community, or pay over the phone by calling 1-888-221-7070. 27 28 New Mailing Address or Phone? Please print your new information below and check the box on the reverse side of this Payment Stub. Thank you. ACCOUNT NUMBER: 75048095-001 3 LAST FIRST NEW STREET ADDRESS CITY ST ZIP TELEPHONE NUMBER M.I. PAGE 2 OF 2 BILLING DATE: Feb 28, 2023 ACCOUNT NUMBER: 75048095-001 3 DUE DATE: Mar 25, 2023 AMOUNT DUE: $1,154.13 Questions about your bill: Call toll free 1-888-221-7070 rockymountainpower.net NEW CHARGES 02/23 CONTINUED UNITS COST PER UNIT CHARGE St Anthony Franchise Fee 0.0100000 5.01 Total New Charges 505.54 ADJUSTMENTS CHARGE 01/23 Billed From Incorrect Meter 12/28/22 - 01/27/23 366.88 06/22 Billed From Incorrect Meter 05/26/22 - 06/24/22 43.45 07/22 Billed From Incorrect Meter 06/24/22 - 07/27/22 90.51 08/22 Billed From Incorrect Meter 07/27/22 - 08/25/22 42.88 09/22 Billed From Incorrect Meter 08/25/22 - 09/26/22 80.73 10/22 Billed From Incorrect Meter 09/26/22 - 10/25/22 141.33 11/22 Billed From Incorrect Meter 10/25/22 - 11/28/22 432.32 12/22 Billed From Incorrect Meter 11/28/22 - 12/28/22 422.98 Total Adjustments 1,621.08 When you provide a check as payment, you authorize us to use the information from your check either to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as we receive your pay- ment and you will not receive your check back from your financial institution. If you would like to opt out of this program and continue processing your payment as a check transaction, please call 1-800-895-0561. If you have opted out previously, please disregard this message. Manage your account with ease Popular billing options include Auto Pay, Equal Pay and choice of due dates. You can even earn a credit each month when you sign up for paperless billing. See details and enroll at rockymountainpower.net/billoptions Make a positive impact on the environment. Match all or part of your electricity usage with clean energy. Visit RockyMountain- Power.net/BlueSky or call 1-800-769-3717 to learn more. Looking for other ways to pay? Visit rockymountainpower.net/pay for all your options. You can choose to pay on your device using our mobile app, on our website, at a pay station in your community, or pay over the phone by calling 1-888-221-7070. 29 30 New Mailing Address or Phone? Please print your new information below and check the box on the reverse side of this Payment Stub. Thank you. ACCOUNT NUMBER: 75048095-001 3 LAST FIRST NEW STREET ADDRESS CITY ST ZIP TELEPHONE NUMBER M.I. PAGE 2 OF 2 BILLING DATE: Mar 29, 2023 ACCOUNT NUMBER: 75048095-001 3 DUE DATE: Apr 25, 2023 AMOUNT DUE: $925.20 Questions about your bill: Call toll free 1-888-221-7070 rockymountainpower.net continue processing your payment as a check transaction, please call 1-800-895-0561. If you have opted out previously, please disregard this message. 31 EXHIBIT 2 32 Date Billing Transaction Payment Adjustment New Charges End Balance 04/26/22 Beginning Balance 99.37$ 4/27/2022 Regular Bill 235.32$ 334.69$ 5/18/2022 Payment 200.00$ 134.69$ 5/26/2022 Regular Bill 130.44$ 265.13$ 6/2/2022 Payment 200.00$ 65.13$ 6/27/2022 Regular Bill 122.76$ 187.89$ 7/11/2022 Payment 187.89$ ‐$ 7/28/2022 Regular Bill 213.31$ 213.31$ 8/2/2022 Payment 213.31$ ‐$ 8/29/2022 Regular Bill 149.61$ 149.61$ 9/12/2022 Payment 150.00$ (0.39)$ 9/28/2022 Regular Bill 159.55$ 159.16$ 10/5/2022 Payment 215.00$ (55.84)$ 10/27/2022 Regular Bill 209.09$ 153.25$ 11/8/2022 Payment 639.25$ (486.00)$ 11/30/2022 Regular Bill 507.18$ 21.18$ 12/2/2022 Payment 150.00$ (128.82)$ 12/30/2022 Regular Bill 494.35$ 365.53$ 1/3/2023 Payment 150.00$ 215.53$ 1/30/2023 Regular Bill ‐ January 2023 68.43$ (972.49)$ 1/30/2023 Removed January 2023 (68.43)$ (1,040.92)$ 1/30/2023 Corrected January 2023 435.31$ 648.59$ 2/28/2023 Regular Bill ‐ February 2023 505.54$ 1,154.13$ 3/3/2023 Payment 150.00$ 1,004.13$ 3/15/2023 Good Will Payment 450.00$ 554.13$ 3/29/2023 Regular Bill ‐ March 2023 371.07$ 925.20$ 4/5/2023 Payment 125.00$ 800.20$ 4/27/2023 Regular Bill ‐ April 2023 275.53$ 1,075.73$ 4/28/2023 Payment 150.00$ 925.73$ 33 1/30/2023 Removed Dec 2022 Crossed Meter ‐494.35 ‐278.82 1/30/2023 Removed Nov 2022 ‐507.18 ‐786 1/30/2023 Removed Oct 2022 ‐209.09 ‐995.09 1/30/2023 Removed Sept 2022 ‐159.55 ‐1154.64 1/30/2023 Removed Aug 2022 ‐149.61 ‐1304.25 1/30/2023 Removed July 2022 ‐213.31 ‐1517.56 1/30/2023 Removed June 2022 ‐122.11 ‐1639.67 1/30/2023 Removed June 2022 Late fee ‐0.65 ‐1640.32 1/30/2023 Removed late fee ‐1.35 ‐1641.67 1/30/2023 Billed closing charge 4.43 ‐1637.24 1/30/2023 Corrected June 2022 73.98 ‐1563.26 1/30/2023 Corrected July 2022 122.8 ‐1440.46 1/30/2023 Corrected August 2022 106.73 ‐1333.73 1/30/2023 Corrected Sept 2022 78.82 ‐1254.91 1/30/2023 Corrected Oct 2022 67.76 ‐1187.15 1/30/2023 Corrected Nov 2022 74.86 ‐1112.29 1/30/2023 Corrected Dec 2022 71.37 ‐1040.92 Net Credit ‐1256.45 Net Credit Calculation 34 2/28/2023 Removed Dec 2022 ‐71.37 ‐1112.29 2/28/2023 Removed Nov 2022 ‐74.86 ‐1187.15 2/28/2023 Removed Oct 2022 ‐67.76 ‐1254.91 2/28/2023 Removed Sept 2022 ‐78.82 ‐1333.73 2/28/2023 Removed August 2022 ‐106.73 ‐1440.46 2/28/2023 Removed July 2022 ‐122.8 ‐1563.26 2/28/2023 Removed June 2022 ‐73.98 ‐1637.24 2/28/2023 Corrected June 2022 117.43 ‐1519.81 2/28/2023 Corrected July 2022 213.31 ‐1306.5 2/28/2023 Corrected August 2022 149.61 ‐1156.89 2/28/2023 Corrected September 2022 159.55 ‐997.34 2/28/2023 Corrected October 2022 209.09 ‐788.25 2/28/2023 Corrected November 2022 507.18 ‐281.07 2/28/2023 Corrected December 2022 494.35 213.28 Net Credit Reversal 1254.20 Net Credit Reversal Calculation 35 4/28/2023 Payment -150 925.73 925.73 4/27/2023 er Read Hi -125 275.53 1075.73 1075.73 3/29/2023 Regular Bil -150 371.07 925.2 925.2 3/15/2023 odwill Pay -450 704.13 704.13 2/28/2023 Meter #:342852591 Account #:75048095 001 3 Read Date Source * Days Meter Read Usage Invoice Amount 02/27/23 E 31 30775 4733 $505.54 01/27/23 J 30 26042 4086 $435.31 12/28/22 J 30 21956 4630 $494.35 11/28/22 J 34 17326 4576 $507.18 10/25/22 J 29 12750 1637 $209.09 09/26/22 J 32 11113 1262 $159.55 08/25/22 J 29 9851 1186 $149.61 07/27/22 J 33 8665 1673 $213.31 06/24/22 J 29 6992 976 $117.43 05/26/22 M 0 6016 05/26/22 S 1 6016 45 $4.43 05/25/22 E 29 5971 1315 $129.09 04/26/22 E 29 4656 2324 $234.33 03/28/22 I 31 2332 3452 $352.01 02/25/22 I 28 11629 4164 $426.28 01/28/22 I 30 7465 4316 $442.36 12/29/21 I 33 3149 3829 $392.45 11/26/21 I 32 302230 2160 $225.41 10/25/21 I 28 300070 1682 $221.12 09/27/21 I 32 298388 1147 $145.47 08/26/21 I 30 297241 1323 $171.21 07/27/21 R 32 295918 1490 $195.66 06/25/21 I 30 294428 1019 $127.13 05/26/21 I 30 293409 1335 $169.29 04/26/21 I 31 292074 2522 $260.04 03/26/21 I 29 289552 3186 $335.09 02/25/21 I 29 286366 3612 $383.20 01/27/21 I 30 282754 4481 $481.41 12/28/20 I 34 278273 4767 $513.72 11/24/20 I 32 273506 3532 $406.21 10/23/20 I 29 269974 1346 $177.61 09/24/20 I 30 268628 1058 $134.81 08/25/20 I 29 267570 1222 $159.19 07/27/20 I 33 266348 1384 $183.24 06/24/20 I 29 264964 1011 $127.38 05/26/20 I 32 263953 1102 $130.57 04/24/20 I 29 262851 1844 $178.58 03/26/20 I 28 261007 2169 $214.44 02/27/20 I 28 258838 3181 $326.13 01/30/20 I 31 255657 3129 $320.39 Billing Analysis Meter Read History 36 Read Date Source * Days Meter Read Usage Invoice Amount 12/30/19 I 35 252528 3777 $391.91 11/25/19 I 32 248751 3007 $330.90 10/24/19 I 29 245744 2084 $281.76 09/25/19 I 30 243660 803 $94.83 08/26/19 I 31 242857 1001 $123.71 07/26/19 I 31 241856 690 $78.73 06/25/19 I 32 241166 1073 $134.26 05/24/19 I 29 240093 1457 $181.15 04/25/19 I 29 238636 1709 $163.95 03/27/19 I 28 236927 2962 $302.51 02/27/19 I 29 233965 3634 $378.55 01/29/19 I 32 230331 4207 $442.19 12/28/18 I 31 226124 3814 11/27/18 I 34 222310 3270 10/24/18 I 29 219040 1733 09/25/18 I 31 217307 976 08/24/18 I 32 216331 942 07/26/18 I 29 215389 935 06/25/18 I 31 214454 747 05/24/18 I 32 213707 988 04/25/18 I 29 212719 1747 03/27/18 I 29 210972 2848 02/26/18 I 29 208124 3862 A=Adjustment, C=Customer, E=Remote Read, F=Field Read, I=Itron Read (regular), M=Manual (regular), O=Office Estimate, P=Postcard, S=System Estimate, J=Out of 37 The following comment was submited via PUCWeb: Name: Sherry Cole Submission Time: Jun 9 2023 3:28PM Email: slordaz@hotmail.com Telephone: 208-624-4020 Address: 350 S 12th W #14 Saint Anthony , ID 83445 Name of U�lity Company: Rocky Mountain Power Case ID: PAC-E-23-12 Comment: "I need to talk to the Judge about some issues with the procedures with this case, false informa�on by omission presented to the court by Rocky Mountain Power and their atorney asking it be dismissed with prejudice which it should not be. Lack of proof I submited not being there. This brings up a lot of procedural ,legal and Cons�tu�onal ques�ons.No�fying you also that have applied for assistance for an atorney through the Idaho Bar and already talked to the Atorney Generals Consumer Aﬀairs. " ----------------------------------------------------------------------------------- 38 ORDER NO. 35856 1 Office of the Secretary Service Date July 24, 2023 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION SHERRY COLE, PETITIONER, vs. PACIFICORP, d/b/a ROCKY MOUNTAIN POWER COMPANY, RESPONDENT. ) ) ) ) ) ) ) ) ) ) ) CASE NO. PAC-E-23-12 ORDER NO. 35856 On March 16, 2023, Sherry Cole (“Petitioner”) filed a formal complaint (“Complaint”) with the Idaho Public Utilities Commission (“Commission”) alleging that Rocky Mountain Power, a division of PacifiCorp (“Company”), overcharged her while her meter was cross-connected with her neighbor’s meter. The Petitioner asserted that she was billed for her neighbor’s power consumption. While acknowledging some remedial actions and compensation by the Company, the Petitioner believed further compensation was necessary to be made whole. On May 18, 2023, the Commission issued a Summons with the Complaint attached. The Company filed an Answer and Motion to Dismiss on June 8, 2023. The Petitioner submitted a reply in the form of a Public Comment on June 12, 2023. The Commission now issues this Order dismissing the Complaint. THE FORMAL COMPLAINT The Petitioner stated that she has been arguing with the Company for approximately five years—apparently starting when the Company moved her meter banks. At some point not clearly specified in the Complaint,1 the Petitioner alleges that the Company inspected the Petitioner’s meter and informed her that it was cross-connected with her neighbor’s meter. The Petitioner represented that, as part of the inspection, the Company tried to turn off her power; instead, the neighbor’s power was turned off. The Petitioner asserted that the Company then told her that a workman would come to fix the issue. The Petitioner explained that no one came out until she called the Company in January 2023. The Petitioner stated the Company then sent someone out 1 The Company stated that the Petitioner initially raised her concerns with the Company on January 3, 2023. 39 ORDER NO. 35856 2 who fixed the allegedly cross-connected meters. The Petitioner stated that she was then provided a written report that was dated January 25, 2023.2 The Petitioner also stated that a $1,620.08 credit was subsequently applied to her bill in January. Regarding her issue with the Company, the Petitioner stated that “[w]e were good at this point.” Complaint at 1. However, the Petitioner explained that when she received her bill for February, she saw that the $1,620.08 credit had been reversed. The Petitioner stated that the Company told her that the Petitioner’s meter had actually never been cross-connected with her neighbor’s meter. The Petitioner stated that her neighbor also called the Company because the neighbor’s bill was also “different” than expected. Id. The Petitioner stated that the Company ignored her after the meters in question were allegedly fixed. The Petitioner stated that the Company offered her $450.00 as a sign of good will. However, the Petitioner explained that the $1,620.08 credit (which she stated was a credit for six months of usage) should have remained in place. The Petitioner requested that the Commission order the Company to reinstate the $1,620.08 credit. THE COMPANY’S ANSWER On June 8, 2023, the Company filed an Answer and Motion to Dismiss (“Answer”). The Company stated that its technician visited the Petitioner’s property on January 13, 2023, and that this technician did not initially utilize the proper process to accurately read the Petitioner’s meter; this led to an erroneous belief that the meter had been cross-connected. The Company stated that the initial net credit provided to the Petitioner was $1,256.45. The Company provided supplemental exhibits to support the Company’s position. The Company stated that a February 8, 2023, breaker test showed that the Petitioner’s meter was working properly and never cross-connected with her neighbors’ meter. The Company thus stated that the previous credit was provided in error. The Company stated the Petitioner contacted the Company on March 2, 2023; the Petitioner was very upset at the reversal of the previous credit. The Company stated that a meter reader revisited the property on March 13, 2023, and again confirmed the accuracy of the meters in question. The Company stated that on March 15, 2023, it offered the Petitioner a $450.00 credit for any inconvenience. Despite this goodwill credit, the Company maintained that the Petitioner had not identified any legal authority that would require the Company to provide the Petitioner with any compensation. The Company thus requested that this case be dismissed with prejudice. 2 The January 25, 2023, report referenced by the Petitioner was not included as part of the record. 40 ORDER NO. 35856 3 PETITIONER’S REPLY On June 12, 2023, the Petitioner filed a public comment in which she expressed that she “need[ed] to talk to the judge [sic] about some issues with the procedures with this case. . . .” Public Comment at 1. The Petitioner expressed displeasure regarding the veracity and presentation of the evidence in this case and stated that she was seeking an attorney. COMMISSION DISCUSSION AND FINDINGS The Commission has jurisdiction over this matter under Idaho Code Title 61 and IDAPA 31.01.01. Having reviewed the Complaint, Answer, and the Petitioner’s reply, we dismiss the Complaint. Other than her statements, the Petitioner has not provided anything in the record to substantiate that she was overcharged. Despite the lack of a clear duty to do so, the Company has provided the Petitioner with $450.00 for the inconvenience it caused. The Commission finds that this Complaint should be dismissed. In matters like these the Commission’s Utility Customer Relations Rules provide guidance and direction. See IDAPA 31.21.01. The Commission believes that consistent application of these rules can help to prevent these situations from occurring. ORDER IT IS HEREBY ORDERED the Complaint filed by the Petitioner is dismissed. THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order regarding any matter decided in this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. Idaho Code § 61-626. /// 41 ORDER NO. 35856 4 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 24th day of July 2023. ERIC ANDERSON, PRESIDENT JOHN R. HAMMOND JR., COMMISSIONER EDWARD LODGE, COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\PAC-E-23-12 Cole\PACE2312_Final_md.docx 42 The following comment was submited via PUCWeb: Name: Sherry Cole Submission Time: Jul 25 2023 12:17AM Email: slordaz@hotmail.com Telephone: 208-624-4020 Address: 350 S 12th W #14 Saint Anthony , ID 83445 Name of U�lity Company: Rocky mountain Power Case ID: PAC-E-23-12 Comment: "thanks for ignoring the evidence that was submited electronically several �mes. for the customer that had losses that are now considered the� by the u�lity and only considering the falsehoods the u�lity provided. I will be appealing this decision and suing them now." ---------------------------------------------------------------------------------------------- 43 RECEIVED 2023 JULY 25, 2023 8:00AM IDAHO PUBLIC UTILITIES COMMISSION 44 45 46 Sherry Cole Pro Se 350 S 12th W #14 Saint Anthony Idaho 83445 (208)624-4020 slordaz@hotmail.com BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Motion for RECONSIDERATION ) ) CASE NO. PAC-E-23-12 ) SHERRY COLE PETITIONER IN THE PROCEEDING AGAINST PACIFICORP DBA ROCKY MOUNTAIN POWER RESPONDANT I BEG YOUR INDULGENCE AS WAS UNABLE TO OBTAIN PROPERLY FORMATED FORMS AND DO NOT AS THE REPSONDENTS LAWYER SO APPTLY POINTED OUT I DO NOT HAVE LEGAL TRAINNG SO YES THERE ARE BOUND TO BE ERRORS I WAS UNABLE TO OBTAIN LEGAL ASSISTANCE FOR THE PROCEEDING SO DOING THE BEST I CAN AS THIS IS CONFUSING FOR ME AS IT'S NOT IN THE COURT SYSTEM. THE FACTS OF THE CASE SUPPORTED BY THE DOCUMENTATION IN EXHIBIT 1 THROUGH 3 ARE: AND IDAHO CODE Statutory Reference: Idaho Code § 61-642. Cross-Reference: Rules 005, 200, 204, 313. Cross-Reference: Rules 005, 200, 204, 313. WHICH SHOULD BE GRANTED AN EXPEMPTION TO THE 3 YEAR LIMIT AS I CONTACTED THEM AS SOON AS I HAD THE PROOF I NEEDED TO TRY AND RECOUP THE MONEY OVERCHARGED AS PREVIOUS CHECK AFTER THE MOVE OF METER BANKS BY ROCKY MOUNTAIN POWER SAID EVERYTHING WAS FINE. RECEIVED 2023 JULY 28, 2023 8:00AM IDAHO PUBLIC UTILITIES COMMISSION 47 I WAS MISINFORMED BY ROCKY MOUNTAIN POWER AND THE INFORMAL INVESTIGATOR JON KRUSK WHY ORIGINALLY ASKED FOR THE 1620.08 MINUS THE 450.00 GOOD WILL WAS INCORRECT AMOUNT: THAT ON DEC 2022 A REPAIR CREW WAS DISPATCHED. AND WAS DISCOVERED THAT 2 OF THE 4 METERS HAD BEEN CROSSED WHEN THEY WERE MOVED. THEY TURNED MY METER OFF AND INSTEAD OF TURNING OFF MY POWER IT TURNED OFF THE NEIGHBORS INSTEAD , THEY WERE ABLE TO FIX MY BAD METER AND TOLD ME SOMEONE WOULD BE OUT IN A COUPLE OF DAYS AS THE 2 METER WERE CROSSED, WHICH DID NOT OCCUR SO I CALLED BACK IN JANUARY AND REQUESTED A REPORT FOR THE CROSSED METERS MENTIONED AS CREW SAID THEY WOULD BE OUT IN A FEW DAYS AND HAD NOT BEEN OUT, CAN BE SEEN FROM MY HOME, BE SENT TO ME WHICH IS EXHIBIT 1: REPORT FROM ROCKY MOUNTAIN POWER.INCLUDING THE REMEDIES AND THE PROBLEM REVERIFYING WHAT DISPATCHED CREW HAD TOLD ME IN DECEMBER 2022 EXHIBIT 2: IS A BREAK DOWN OF THEM CORRECTING BILLING FOR 6 MONTHS OF BEING OVER CHARGED FOR MY NEIGHBORS METER INSTEAD OF MINE. JANUARY 2023 DUE IN FEBRUARY 2023 THEY SAID THAT IS ALL THAT IS ALLOWED BY STATE LAW. 48 EXHIBIT 3 IS FEBRUARY BILL DUE IN MARCH WHERE THEY ADDED IN 1620.08 TO MY BILL SAYING THE LINES WERE NOT CROSSED NOW AND HAD NEVER BEEN WHEN THEY WENT OUT IN FEBRUARY AND MARCH, IGNORING THAT THEY HAD BEEN UNCROSSED IN JANUARY 2023 RESPONDENTS IGNORED THE FIRST SUMMONS ALL ARE UPLOADED BY STAFF TO CASE FILE BUT A SECOND SUMMONS WAS ISSUED 13 DAYS LATER WITHOUT CANCELLATION OF THE FIRST SUMMONS WHICH WAS UPLOADED BY STAFF TO CASE FILE ALSO WHEN I TRIED CALLING THE OFFICE IN MARCH THE CUSTOMER SERVICE UNDERSTOOD THE PROBLEM I WAS TRYING TO WORK WITH THEM ON BUT HAD TO PASS ME TO THE SUPERVISOR WHO DID NOTHING BUT TELL ME THERES NOTHING THEY COULD DO ABOUT THE CHARGES THEY HAD ADDED ON FOR FEB BILL DUE IN MARCH THAT THE METERS HAD NEVER BEEN CROSSED WHICH ALREADY HAD PROOF OF AND IT BEING FIXED IN JANUARY 2023, ASKED FOR A MANAGER AT THIS POINT AND WAS TOLD TO LEAVE A MESSAGE WHAT IT WAS CONCERING AND DID, I SHOULD HEAR BACK WITHIN NO MORE THAN 10 BUSSINESS DAYS AND STILL NEVER HEARD BACK FOM THEM TO DATE. 49 IF IT WAS ANYBODY ELSE BUT A PUBLIC UTILITY THEY WOULD BE FACING CRIMINAL CHARGES FOR GRAND THEFT EVEN JUST FOR FEB FOR MARCH LET ALONE THE MONEY THEY OWED ME BACK RELIEF REQUESTED I PRAY THAT THE COMMISSION WILL AS I HAVE IN GOOD FAITH TRIED TO WORK WITH THE COMPANY EVEN STUGGLING WITH THE LEGALITIES, THEN THROUGH AN INFORMAL HEARING TRIED TO WORK WITH THEM TO NO AVAIIL AND TRYING TO NEGOTIATE WHEN THEIR LAWYER CONTACTED ME, ORDER THE CORRECT AMOUNT OF MONEY WRONGFULLY CHARGED ME AND ADDED TO THE BIL1620.08 WITHOUT IT BEING OWED THEM AS METERS WERE CROSSED FROM TIME THEY MOVED THE METER BANK UNTIL JANUARY 2023 . I DID OFFER THEM IF THEY WANTED TO GO BACK AND FIGURE CORRECTLY AS THEY HAD ACESS TO BOTH METERS INSTEAD OF GOING ON THE ESTIMATE OF THE 6 MONTHS ALREADY CREDITED AND REMOVE THE 1620.08 THAT THEY WERE NOT ENTITLED TO CHARGE ME, MINUSED OUT THAT 6 MONTH CREDIT AND A 450 GOOD WILL CREDIT FOR APPROXIMATE TOTAL OF 10870.00 OVER THE TIME I WAS PAYING FOR ENERGY USAGE THAT WAS NOT MINE AND WAS OVER CHARGED NOT UNDER CHARGED, IF I WAS FULLY REIMBURSED I WOULD HAVE DONE THEIR NO FURTHER LIABILITY AND THEY HAD THE OPTION OF GOING BACK AND DOING THE WORK TO GET CORRECT AMMOUNT AS THAT 50 IS JUST AND FAIR TO BOTH PARTIES, AS ONLY 2 OF 4 METERES WERE INVOLVED. AND IT WOULD HAVE EASILY BEEN RESOLVED WITH THE RESPONDANT ROCKY MOUNTAIN POWER EXHIBIT 1 REDACTED 51 ... ROCKY MOUNTAIN ~POWER POWERING YOUR GREATNESS SHERRY COLE FRANCISCO L SANTIBANEZ Dear Sherry Cole and Francisco L Santibanez: Ace Recent mvesttgauon shows that you were billed incorrectly for electnc service at . 14, Saint Anthony. Idaho You were billed for a meter that serves a neighboring meter that provides service to you. This is most often the result of incorrect meter the property's builder electncian. or owner We have taken action to fix the probl correctly in the future Your bill from May 25, 2022 to December 28, 2022 has been corrected to reflect y, a credit of $1,262 52 will be subtracted from your next bill. We are committed to providing excellent customer service and making sure you ttmely bitls. If you would like more information or have any questions, please call t 1-888-221-7070 Any of our customer service representatives will be happy to ass1: Our secure, convenient. and easy-to-use website empowers you to manage your stay informed by signing up for email alerts, text alerts, or both. Once you have es profile. you can choose to go paperless and receive monthly email notifications wt set up automatic payments, enroll in Equal Pay, plus mu:h more Download,ng ot Apple and Android devices 1s another option for quickly accessing your electr provides many self-service channels, including the ability to report and track outa~ and look up your account history Get started at www.rockymountampower net It's a pleasure to serve you Sincerely Rocky Mountain Power Para mas ,nformaci6n, /lame al 1-888-225-2611 para hablar con un representame , 52 EXHIBIT 2 REDACTED 53 SHERRY COLE FRANCISCO L SANTIBANEZ -:.ii 1 ii I ii ii Your Balance With Us Payments Received .. ,M~I-CLA5-S MA" PRESORTED U,S, POSTAGE PAID PAClr.lCORP Questions: Call 1 ·888-221-7070 24 hours a day, 7 days a week rockymountainpower.net Previous Account Balance 365.53 DATE DESCRIPTION AMOUNT ------------------------ Payments/Credits -150.00 Jan 3, 2023 Payment Received -Thank You 150.00 New Charges +669.18 Total Payments ------------ Adjustments -1,857 .20 Current Account Balance ·$972.49 Note: One or more of your services has been adjusted. If you would like more information or have any questions, please call us anytime toll free at 1·888·221-7070. Detailed Account Activity ITEM 6 · ELECTRIC SERVICE METER SERVICE PERIOD NUMBER From To 342852591 May 25, 2022 May 26, 2022 350 S 12TH W Trlr 14 Saint Anthony ID Residential Schedule 1 ELAPSED METER READINGS DAYS Previous Current 1 5971 6016 METER MULTIPLIER 1.0 Current Month Estimated. Your bill may not reflect actual usage. NEW CHARGES • 05/22 UNITS COST PER UNIT CLOSING CHARGES Basic Charge -Single Phase for 1 day(s) Energy Charge Winter Block 1 for 1 day(s) 33 kwh 0.0933050 Energy Charge Winter Block 2 for 1 day(s) 12 kwh 0.1091650 Energy Cost Adjustment for 1 day(s) 45 kwh 0.0035400 Customer Efficiency Services 0.0225000 Tax Act Adjustment for 1 day(s) 45 kwh -0.0018200 B PA Columbia River Benefits for 1 day(s) 45 kwh -0 0101330 AMOUNT USED THIS MONTH 45 kwh $150.00 CHARGE 0.27 3.08 1.31 0.16 0.11 -0.08 -0.46 See reverse 0 Write account number on check & mail lo: Rocky Min Power, PO Box 26000, Portland, OR 97256-0001 RETAIN THIS PORTION FOR YOUR RECORDS. 'ROCKY MOUNTAIN ~POWER PO BOX 400 PORTLAND OR 97207 ROCKY MTN POWER PO BOX 26000 t INSERTTHIS t EDGE FIRST PORTLAND OR 97256-0001 11• 1 •'1111I111111•1111111111111 I• 111111•111• 111111 • • 1111 •I 1111111 AEnJAN THIS PORTION WITH YOUR PAYMENT. ... ROCKY MO ~POWE_R BILLING DATE: ACCOUNT NUMBER: 7 DUE DATE: AMOUNT DUE: Hlstorlcal Data • ITEJ 150 120 f 90 60 I 30 I I 2022 JF MAMJJ Your Aftrlle Diily kwll PERIOO ENDING Jan Avg. Dally Temp. 4 Total kWt Avg. kw11 per Day 4 Cost per Jay SO Effective March 6, 2023, r phone payments and onlir increase from $1.75 to S 1 $500 maximum. Effective f.Aarch 6, 2023, c phone pavments and onlh increase from $1.75 to S7 $2.000 m3x1mum. ute Payment Charge tor A late payment ch3rge of charged on the delmquen month. O Change of Malling Check here & provi1 Account Number: Date Due: AMOUNT DUE: Pluse ent1r the amount ench SHERRY COLE FRANCISCO L SANTIBAN 350 S 12TH W TRLR 14 SAINT ANTHONY ID 8341 54 EXHIBIT 2-1 IS UPLOADED BY THE STAFF ON THE CASE PAGE CANNOT INSERT IT IN THIS EXHIBIT 2-2 IS UPLOADED BY THE STAFF ON THE CASE PAGE CANNOT INSERT IT THIS 55 SHERRY COLE FRANCISCO L SANTIBANEZ HR~I-CLASS ""'" PRESORTED Questions: Call 1-888-221-7070 24 hours a day, -.. U.S. POSTAGE PAID PAClf'ICOAP 7 days a week rockymountainpower.net Your Balance With Us Payments Received Previous Account Balance .972.49 DATE DESCRIPTION Payments/Credits 0.00 Jan 30, 2023 Payment Adjustment: Refund Pending Approval New Charges +505.54 Jan 30, 2023 Payment Adjustment: Refund Pending Approval Adjustments + 1,621.08 Feb 3, 2023 Payment Adjustment: Refund Applied to Account Current Account Balance $1,154.13 Feb 3, 2023 Payment Adjustment: Refund Applied to Account Total Payments Note: One or more of your services has been adjusted. If you would like more information or have any questions, please call us anytime toll free at 1-888-221-1070. Detailed Account Activity ITEM 9 · ELECTRIC SERVICE 350 S 12TH W Trlr 14 Saint Anthony ID Residential Schedule 1 AMOUNT ·486.00 ·215.00 486.00 215.00 $0.00 METER SERVICE PERIOD ELAPSED METER READlflGS METER AMOUNT USED NUMBER From To DAYS Previous Current MULTIPLIER THIS MONTH 341834327 Jan 27, 2023 Jan 27, 2023 26042 26042 1.0 342852591 Jan 28, 2023 Feb 27, 2023 26042 30775 1.0 Total 31 4,733 kwh Next scheduled read date: 03-28. Date may vary due to scheduling or weather. NEW CHARGES · OZ/23 UNITS COST PER UNIT CHARGE Basic Charge· Single Phase 8.00 Energy Charge Winter Block 1 1,000 kwh 0.0933050 93.31 Energy Charge Winter Block 2 3,733 kwh 0.1091650 407.51 Energy Cost Adjustment 4,733 kwh 0.0073300 34.69 Customer Efficiency Services 0.0250000 13.59 Tax Act Adjustment 4,733 kwh ·0.0018200 ·8.61 B PA Columbia River Benefits 4,733 kwh ·0.0101330 ·47.96 See reverse Q Write account number on check & mall to: Rocky Min Powsr, PO Box 26000, Portland, OR 97256-0001 RETAIN THIS PORTION FOR YOUR RECORDS. .. ROCKY MOUNTAIN ~POWER PO BOX 400 PORTLAND OR 97207 ROCKY MTN POWER PO BOX 26000 t INSERT THIS t EDGE FIRST PORTLAND OR 97256-0001 11111111111 I I I I II I I I I ii 1111111 I I 111111 I I 111 • 1 I••· I I• 11111 I 1 • I 111 I RETURN THIS PORTION WITH YOUR PAYMENT. .... ROCKY I\ "IIIIIIPOWER BILLING DATE: ACCOUNT NUMBER: ____ DUE DATE: AMOUNT DUE: HiltlrlcalDlfl· 155 12, f 93 62 I 31 2022 FMAMJ YaarAftrapDally PERIOD ENOING Avg. Dally Temp. Total kwh Avg.kwh per Day Cost per Day Effective March 6, 20. phone payments and increase from $1.75 t $500 maximum. Effective March 6, 20: phone payments and Increase from $1.75 t $2,000 maximum. Late P,ymsnt C//8((}1 A late payment charD charged on the defim month. □Change of Mall Check here & p Account Number: Date Due: AMOUNT DUE: Pleas, enter rhe amount SHERRY COLE FRANCISCO L SANTII 350 S 12TH W TRLR SAINT ANTHONY ID I 56 EXHIBIT 2-1 REDACTED 57 58 59 60 The following comment was submited via PUCWeb: Name: Sherry Cole Submission Time: Aug 15 2023 1:46AM Email: slordaz@hotmail.com Telephone: 208-624-4020 Address: 350 S 12th W #14 Saint Anthony , ID 83445 Name of U�lity Company: Paciﬁccorp Rocky Mountain Power Case ID: PAC-E-23-12 Comment: "This case needs to have the company records on this account thoroughly audited as they were the ones or their contractors they sent that moved the meter banks, I have been at this address more than 20 years and had previously been disconnected and was the correct meter atached un�l they moved the meter bank, it was ignored by Rocky Mountain Power and Jon During the informal that on the service call DEC 2022 by the crew who informed me that my meter was bad and discovered it had accidentally been crossed and they would let Rocky Mountain Power know and someone would be out in a couple of days, which with holidays didn't think to much about it but when January rolled around I called again as nobody had been out to correct the crossed meters, Rocky Mountain Power and Jon ignored this informa�on. I do have witnesses if I need to that it was the u�lity that moved the meter bank that caused them to be crossed. So January they Finally uncrossed them, so subsequent visits in February and March showed yes they were right, but they were Crossed un�l January 2023" ----------------------------------------------------------------------------------------- 61 ORDER NO. 35903 1 Office of the Secretary Service Date August 22, 2023 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION SHERRY COLE, PETITIONER, vs. PACIFICORP, d/b/a ROCKY MOUNTAIN POWER COMPANY, RESPONDENT. ) ) ) ) ) ) ) ) ) ) ) CASE NO. PAC-E-23-12 ORDER NO. 35903 On March 16, 2023, Sherry Cole (“Petitioner”) filed a formal complaint (“Complaint”) with the Idaho Public Utilities Commission (“Commission”) alleging that Rocky Mountain Power, a division of PacifiCorp (“Company”), overcharged her while her meter was cross-connected with her neighbor’s meter. The Petitioner stated she was inappropriately charged for her neighbor’s higher power consumption. While acknowledging some remedial actions and compensation by the Company, the Petitioner believed further compensation was necessary to be made whole. On July 24, 2023, the Commission issued a Final Order in this case dismissing the Petitioner’s complaint and referencing the Commission’s Utility Customer Relations Rules as found under IDAPA 31.21.01. Order No. 35856. On July 25, 2023, Petitioner filed a public comment explaining her frustration with the Commission’s decision in the Final Order and expressing an intent to sue the Company. On July 28, 2023, the Petitioner filed a document intended to be a Petition for Reconsideration (“Petition”). The Company did not respond to the Petition. On August 14, 2023, Commission Staff (“Staff”) filed an affidavit regarding Staff’s analysis of the Petitioner’s bills spanning the timeframe the Petitioner believed that the meters were cross-connected. The Commission now issues this Order dismissing the Petitioner’s Petition, as discussed in detail below. 62 ORDER NO. 35903 2 BACKGROUND 1.The Complaint The Petitioner stated that she has been arguing with the Company for approximately five years; which she stated started when the Company moved her meter bank (which included neighboring meters). At some point not clearly specified in the record, the Company inspected the Petitioner’s meter and informed her that it was cross-connected with her neighbor’s meter. The Petitioner stated that, as part of the inspection, the Company tried to turn off her power, but the neighbor’s power was turned off instead. The Petitioner stated that the Company then told her that a workman would be out to fix the issue. The Petitioner explained that no one came out until she called the Company in January 2023. After the January 2023 call, the Company then sent someone out who fixed the allegedly cross-connected meters. The Petitioner stated that she was then provided a written report dated January 25, 2023. The Petitioner also stated that a $1,620.08 credit subsequently was applied to her bill for January. Regarding her issue with the Company, the Petitioner stated that “[w]e were good at this point.” Complaint at 1. However, the Petitioner explained that when she received her bill for February, she saw that the $1,620.08 credit had been reversed. The Petitioner stated that the Company told her that the Petitioner’s meter had actually never been cross-connected with her neighbor’s meter. The Petitioner stated that her neighbor also called the Company because the neighbor’s bill was also different than expected. The Petitioner stated that the Company ignored her after the meters in question were allegedly fixed. The Petitioner stated that the Company offered her a $450 credit as a sign of good will. However, the Petitioner explained that the $1,620.08 credit (which she stated was a credit for six months of usage) should have remained. The Petitioner requested that the Commission order the Company to reinstate the $1,620.08 credit. 2.The Company’s Answer On June 8, 2023, the Company filed an Answer and Motion to Dismiss (“Answer”). The Company stated that the Company’s own technician did not initially utilize the proper process to accurately read the Petitioner’s meter, which led to an erroneous belief that the meter had been cross-connected. The Company stated that subsequent testing revealed that the Petitioner’s meter was working properly and never cross-connected with her neighbor’s meter. The Company stated it had offered the Petitioner a $450 credit for any inconvenience. However, the Company stated that the Petitioner has not identified any legal authority that would require the Company to provide 63 ORDER NO. 35903 3 the Petitioner with any compensation. The Company thus requested that this case be dismissed with prejudice. 3. Petitioner’s First Comment On June 12, 2023, the Petitioner filed a public comment expressing that she “need[ed] to talk to the judge [sic] about some issues with the procedures with this case. . . .” Petitioner’s First Comment at 1. The Petitioner expressed displeasure regarding the veracity and presentation of the evidence in this case and stated that she was seeking an attorney. THE FINAL ORDER On July 24, 2023, the Commission issued Final Order No. 35856. After reviewing the record, the Final Order dismissed the Petitioner’s complaint and noted that the Company had provided the Petitioner with a $450 credit despite the lack of any clear legal obligation to do so. Order No. 35856 at 3. The Commission also referenced Commission’s Utility Customer Relations Rules as found in IDAPA 31.21.01. PETITIONER’S SECOND COMMENT On July 25, 2023, Petitioner filed a public comment expressing her frustration and claiming that the evidence that she submitted was not properly examined. She alleged that the Company committed theft. The Petitioner also stated that she would “be appealing this decision and suing them now.” Petitioner’s Second Comment at 1. PETITION FOR RECONSIDERATION The Petitioner noted that she was not an attorney and requested leniency from the Commission when reviewing the legal aspects of her filing. The Petitioner cited “Rules 005, 200, 204, 313” without elaboration. Petition at 1. Petitioner referenced an unspecified three-year exception that she stated should apply because she contacted the Company as soon as she had proof after the moving of certain meter banks.1 The Petitioner stated that Staff originally suggested a higher amount in controversy relevant to her compensation. Petitioner reviewed the narrative of her Complaint and discussed certain exhibits from the Company’s Answer—disputing various aspects of these based upon her assertion that her meter was cross-connected with her neighbor’s meter. She also expressed displeasure regarding her interactions with Staff. The Petitioner requested that the Commission order a reimbursement of “THE CORRECT AMOUNT OF 1 Utility Customer Relations Rule 203, IDAPA 31.21.01.203, discusses billing errors and proper procedures for remedying incorrect bills. 64 ORDER NO. 35903 4 MONEY WRONGFULLY CHARGED ME AND ADDED TO THE BIL1620.08 [sic].” Petition at 4. Petitioner noted her struggle with the legal complexities of this case and asked that the Commission review the matter in good faith. While certainly asking for compensation for a total of $1,620.08 for the six months preceding the discovery of the allegedly cross-connected meters, the record indicates that the Petitioner argued that the Company’s obligation to reimburse her is correlated to a sum of $10,870 (for the total amount of time that she was overpaying for energy usage). The Petitioner also attached the Company’s letter to her initially informing her that her meter was crossed, and that she would be granted a credit of $1,262.522 that would be applied to her next bill. The Petitioner also provided two billing statements that showed a credit initially being applied to her account balance. STAFF’S AFFIDAVIT On August 14, 2023, Staff filed the Affidavit of Jon Kruck (“Affidavit”). In this Affidavit, Staff noted that it had reviewed the Petitioner’s utility bills from the Company and did not believe the data supported a finding that the Petitioner’s meter was cross-connected with her neighbor’s meter. Staff examined the Petitioner’s bills from the time that she stated the allegedly cross- connected meters were fixed and compared that time period with the same time period from previous years. Staff stated that her bills from this period were very comparable with the commensurate period for each previous year going back to 2018. Staff also correlated this data with the average monthly temperature for each year. This increased Staff’s confidence that the minor differences in the prices for each month can largely be explained by normal temperature fluctuations. Accordingly, Staff stated that the data does not support a finding the meters in question were ever cross-connected. COMMISSION FINDINGS AND DECISION Reconsideration affords parties an opportunity to bring to the Commission’s attention any matter previously determined and provides the Commission opportunity to rectify any mistake before the matter is appealed to the Supreme Court. Washington Water Power Co. v. Idaho Public Utilities Comm’n, 1980, 101 Idaho 567, 617 P.2d 1242. Any person or public utility has the right 2 The January 25, 2023, letter stated that her credit would be $1,262.52. The “Adjustments” portion of the Petitioner’s second attached bill lists a “+1,621.08” number, which appears to be where the Petitioner arrived at her $1,620.08 request for compensation. Petition, Exhibit 2-2. 65 ORDER NO. 35903 5 to petition for reconsideration in respect to any matter determined in a Commission order. Idaho Code § 61-626(1). The petitioner has 21 days from the date of the final order in which to ask for reconsideration. Id. The Commission has 28 days from the filing of the petition for reconsideration to enter an order on the matter. Idaho Code § 61-626(2). Commission Rule of Procedure 332 authorizes the Commission to grant reconsideration on its own motion by the motion of an interested party. This Rule also allows the Commission to dismiss issues on reconsideration when those issues are not supported by a specific explanation relevant to the case. IDAPA 31.01.01.332. Idaho Public Utilities Commission Rule of Procedure 331 states that petitions for reconsideration “must specify (a) why the order or any issue decided in it is unreasonable, unlawful, erroneous or not in conformity with the law, and (b) the nature and quantity of evidence or argument the petitioner will offer if reconsideration is granted.” IDAPA 31.01.01.331.01 (emphasis added). Further, “the petition . . . must state whether the petitioner . . . requests reconsideration by evidentiary hearing, written briefs, comments, or interrogatories.” IDAPA 31.01.01.331.03. Having reviewed the Petition, the arguments of the parties, and all submitted materials, the Commission finds that the Petition does not meet the substantive requirements for a petition for reconsideration. The Petition largely reiterates information that was already in the Complaint—including information that shows that, at one point, the Company believed that the Petitioner’s meter was cross-connected and provided the Petitioner with a bill credit. After investigation, the Company determined that no cross-connection occurred and reversed the bill credit. Staff’s analysis corroborated the Company’s assertion that there was no cross-connection. These facts regarding the Company’s previous actions were already known by the Commission and factored into the Commission’s decision in Order No. 35856. The Petitioner has not presented sufficient evidence to show that her meter was cross-connected, or that she was overcharged for electric service. Nothing that the Petitioner has presented provides grounds for the Commission to decide that Order No. 35856 was “unreasonable, unlawful, erroneous or not in conformity with the law.” IDAPA 31.01.01.331.01. Therefore, the Petition is dismissed. ORDER IT IS HEREBY ORDERED that the Petition is dismissed. 66 ORDER NO. 35903 6 THIS IS A FINAL ORDER DENYING RECONSIDERATION. Any party aggrieved by this Order, or other final or interlocutory Orders previously issued in this case, may appeal to the Supreme Court of Idaho within forty-two (42) days pursuant to the Public Utilities Law and the Idaho Appellate Rules. Idaho Code § 61-627; I.A.R. 14. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 22nd day of August 2023. ERIC ANDERSON, PRESIDENT JOHN R. HAMMOND JR., COMMISSIONER EDWARD LODGE, COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\PAC-E-23-12 Cole\PACE2312_recon_order_md.docx 67 Sherry Cole Pro Se Lv22 S:? -6 �.M 9: 5 5 350 S. 12th W. #14 Saint Anthony Idaho 83445 208-624-4020 In the Idaho Supreme Court of the State ofldaho in and for the Public Utilities Commission Complaint ) f ' Sherry Cole ) Case NO PAC-E-23.12 Appellant ) Notice of Appeal Vs. ) Pacific Corp d.b.a. Rocky Mountain Power ) Respondent ) 1. To the above Named Respondent Pacific Corp d.b.a. Rocky Mountain Power and the respondents attorney Joseph Dallas e� \ CDR'1 4_6 /a A, ·s RVJ ',ch1.5 /!qJ, and the Clerk of the above entitled Idaho Public Utilities Commission. 68 Notice is hereby given that: 2. They above named Appellant appeals against the above named Respondent's to the Idaho Supreme Court from the final judgement /decision entered in the above entitled action of dismissal of motion to reconsider on the 22nd of August 2023. Public Utilities President Eric Anderson, John R. Hammond Jr Commissioner and Edward Lodge, Commissioner. ,., .) . That the petitioner has a rights to appeal to the Idaho Supreme Court, and the judgment in paragraph 1 above are appealable orders under and pursuant to rule 61-627 and I.A. R 14 The Petitioner Sherry Cole is puts forth this motion to reconsider inculpatory evidence ignored by the investigator and the commission of admission by the respondent on their own letter head dated January 25, 2023 report of their own investigation stating that meters were crossed which preceded subsequent claims by respondent's and their attorney to Idaho Public Utilities Commissions that the meters were never crossed in subsequent Feb and March claims to the Commission. Which brings in Constitutional 9th and 14th amendment issues, That was brought up before original decision in a public comment, Violation of rules of evidence in tribunal action's that belongs to a court of law, the plaintiff was unaware she was in as Public Utilities Commission from their site say they investigate claims and mediate billing issues. 4. 69 There has been no order sealing all or any portion of the record. 5. Appellant is requesting all transcript's and records that the Commission has regarding PAC-E- 23-12 to be transmitted both in hard copy and electronic. 6. Motion for reconsideration. 7 Unredacted Letter to Appellant from Rocky Mountain Power, 2 bills frorri Rocky Mountain Power and any other case related documents and orders. , 70 TABLE OF AUTHORITIES IS CONDENSED IN THIS CASE AT BAR TO:/. 1: Public Utilities and Idaho Appellate rules, Idaho Code § 61-627 I.A.R.14 2. Letter received by Petitioner. Sherry Co le, dated JANUARY 25TH. 2023.this letter admits wrongful deprivation of Petitioners property (monetary) in overcharge by Rocky Mountain Power due to crossed meters. Note that letter is on Rocky Mountain PO\:vers own letterhead. 3. Two bills from Rocky Mountain Power, which ambiguously shows refund adjustment '"'as given. and subsequently the next month was removed. All after initially admitting meters were crossed. and recharging the credit Petitioners account see (2). Petitioner finds that is it inconceivable that Rocky Mountain Power can admit an over charge occurred due to crossed meters, gave relief, and subsequently withdraws the credit. To be credible action based on the facts of the matter. Respondent stating to the commission that the, Never were crossed. and the Commission accepting it while ignoring inculpatory e,idence already submitted in the Investigations. Which with Constitutional issues rose should not have been done as a tribunal as it lacks the Jurisdiction for that, it should have been sent to the appropriate court. Petitioner is only seeking j ust compensation, that being the case, Sherry Cole will need proof that Rocky Mountain Power did not re-cross the meters after first investigating the matter Januar~ 13 . 2023see(2). The date must be verified as to when overcharge began as they do ha, c •·eco;·J:-;_ Respectfully Submitted Sherry Cole 71 CERTIHCATE OF SERVICE , 2023 I Sherry Col b . e sent y certified mail. return receipt requested to: ; · Rock) Mountain Povver ! lane'. Delivered/filed with on ~~ ?,./:/4 , 2023 1 hLibo Public Uti lities Co · · ,.,, · ,./_}I-;. /// mm1ss1011 ~ )~,k:!:::Y . kL1ho ~upreme Court 72 ROCKY MOUNTAIN POWER POW ERING YOUR GREATNESS SHERRY COLE FRANCISCO L SANT\BANEZ 350 S 12TH W TRLR 14 SAINT ANTHONY ID 83445-1752 I 11f Ill 111,1111,,1,11111I11111111111111111•111•111111 111111111 11! Gear Sherr/ Cole and Francisco L Santibanez: P.O . Box 25308 Salt Lake City. Uta:, 84125-03'2 1-888-2:?.i-707C fax 1-87..,. 5(9-:·93 January 25: 2iJ2J Account# 75QL,8095 001 3 Recent investigation shows that you were billed incorrectly for electric service at 350 S 12th VV Tra lzr 14, Saint Anthony, Idaho. You were billed for a meter that serves a neighboring location ar,d 1ot tt'.s meter that provides service to you. This is most often the result of incorrect meter labeiing or wiring by the property's builder, electrician, or owner. We have taken action to fix the problem sc you are c>i ed correctly in the future. Your bill from May 25, 2022 to December 28, 2022 has been corrected to reflect you~ actual usage a1;c a credit of $ i ,262. 52 will be subtracted from your next bill. \Ne are committed to providing excellent customer service and making sure you receiVe accurate "'r·;:J :trnely-bills: !f you would trke more-information or-have any-questions. please calf us an~time tol,-~ree :.=-t 1-888-22 'i -7070. Any of our customer service representatives will be happy to assist you. Our secure, convenient, and easy-to-use website empowers you to manage your electric accoJ'lt and stay informed by signing up for email alerts, text alerts, or both. Once you have established your oniine nrofile, you can choose to go paperless and receive monthly email notifications when your bill is ~eady. set up automatic payments, enroll in Equal Pay, plus much more. Downloading our free mobi!e app fo: Apple and Android devices is another option for quickly accessing your electric ac.::ourc T'·,e c..: J provides many self-service channels, including the ability to report and track cutages, Make pa,,mer,;; and look up your account history. Get started at www.rockymountainpower net. It's a pleasure to serve you. Sincerely, Rocky Mountain Power Para mas informaci6n, /lame al 1-888-225-2611 para hab/ar con un representante en espal1ol. our t rue strength is our connection to you El\'V 2"-3 2 cf 2 73 P.O. Box 83720, Boise, Idaho 83720-0074 Telephone: (208) 334-0300, Fax: (208) 334-3762 11331 W. Chinden Blvd., Bldg. 8, Suite 201-A, Boise, Idaho 83714 September 18, 2023 Via E-Mail and Interagency Mail supremecourtdocuments@idcourts.net Melanie Gagnepain Clerk of the Courts Supreme Court 451 W. State Street Boise, Idaho 83720-0101 Re: PUC Clerk’s Certificate of Appeal Supreme Court Docket No.: ______________-2023 Dear Ms. Gagnepain, Enclosed for your information and action is the Clerk’s Certificate of Appeal from the Idaho Public Utilities Commission. Also enclosed is the Notice of Appeal filed by Sherry Cole on September 6, 2023, and the $94 filing fee. I have also enclosed copies of the two PUC Orders appealed from: Final Order No. 35856 and Reconsideration Order No. 35903. If you have any questions, please contact me at (208) 334-0338. Sincerely, Jan Noriyuki Commission Secretary Enclosures cc: Michael Duval, Deputy Attorney General I:\Legal\ELECTRIC\PAC-E-23-12 Cole\Supreme Court\SC_CvrLtr_20230918.docx Idaho Public Utilities Commission 74 75 76 77 DECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: MICHAEL DUVAL DEPUTY ATTORNEY GENERAL DATE: SEPTEMBER 26, 2023 SUBJECT: SHERRY COLE’S APPEAL OF ORDER NO. 35903 TO THE IDAHO SUPREME COURT; IPUC CASE NO. SUP-E-23-01. On September 6, 2023, Sherry Cole filed a Notice of Appeal from Order No. 35903 in Case No. PAC-E-23-12. The appeal is currently titled “SHERRY COLE, Appellant v. PACIFICORP, d/b/a ROCKY MOUNTAIN POWER COMPANY, Respondent.” Per Idaho Appellate Rule 6, and Idaho Public Utilities Commission Rules of Procedure 343, the agency may, by order, correct the title of an appeal at any time before the agency’s record is lodged with the Idaho Supreme Court. STAFF RECOMMENDATION Staff recommends that the Commission issue an order correcting the title of the appeal to “SHERRY COLE, Appellant, v. IDAHO PUBLIC UTILITIES COMMISSION and PACIFICORP, d/b/a ROCKY MOUNTAIN POWER COMPANY, Respondents on Appeal” to better reflect the parties’ positions on appeal. Staff also recommends that the Commission’s order direct the Commission Secretary to file a copy of the order with the Idaho Supreme Court. COMMISSION DECISION Does the Commission wish to issue an order: 1)Correcting the title of the appeal as recommended by Staff, and 2)Directing the Commission Secretary to file a copy of the order with the Idaho Supreme Court? Michael Duval Deputy Attorney General I:\Legal\ELECTRIC\PAC-E-23-12 Cole\Supreme Court\SUPE2301_dec1_md.docx 78 CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE OF PROPOSED AGENCY RECORD ON APPEAL I HEREBY CERTIFY that I have on this 29th day of November, 2023, served the foregoing Proposed Agency Record on Appeal, in Supreme Court Docket No. 51148-2023, by forwarding a copy thereof, to the following, via e-mail to the e-mail address listed: Appellant, pro se th ✓ Attorney for Respondent on Appeal Idaho Public Utilities Commission ✓ Attorney for Respondent, PacifiCorp: ✓ 81 EXHBIIT B: Petitioner-Appellant Acceptance EXHBIIT C: Petitioner-Appellant’s January 4, 2024, Brief and Motion to Amend Complaint Sherry Cole Pro Se 350 S. 12th W. #14 Saint Anthony Idaho 83445 208-624-4020 slordaz@hotmail.com In the Idaho Public Utilities Commission Sherry Cole Petitioner, Appellant Vs. Pacific Corp, dba Rocky Mountain Power Respondents ) ) ) ) ) Brief Case No. PAC-E-23-12 Brief and Motion to Amend Complaint There was no reason why This was not resolved, I had my case proven before submitting for billing irregularities Idaho rule 61-301 and 14th Amendment violation of Rocky Mountain power, and the decisions in a tribunal that only favored Rocky Mountain power which results in regulatory taking is violation of both Idaho and Federal, but I will let the AG and Lawmakers deal with a rogue agency(/daho code section 67-8002) (US code 42 US. Code § 1983) which brings in both the 5th and 9th Amendments along with 42 US. Code § 1985.Wh I also Object to any more hearings with the agency itself after the unfair treatment of a private citizen with a valid claim ,your record is wrong and after dealing with this agency I cannot trust them to do things unbiased and neutral or legally within the Constitutional protections of private citizens. They had this opportunity before their final decision and chose not to do a hearing, Rocky Mountain Powers Lawyer and the Company had the opportunity before the informal to settle this and chose to walk away from those negotiation when actual Idaho Law proved them wrong in their claim that 6 months was all the company could go back. I am opposed to submitting to further jurisdiction with what the agency did to me whether it be on purpose or inadvertently, that has supported continuance of violations of my Constitutional protections by Rocky Mountain Power and doing a separate agency order to add themselves as defendants That the court accepted and ordered without my knowledge, begs to question as to why the agency did this behind my back and without any service to me would be a violation of legal law,it was done under a separate case number so I would not see it. then the order added into this one. Mr. Duval was aware I was not suing the agency which is almost as inconceivable that they would try to add themselves as defendants against the Appellants wishes when only dealing with the facts against Rocky Mountain Power, and claim it was the Supreme Courts doing, rules I haven't been able to locate that rule in IRCP or law, when it was an agency order that added them 2 months after the appeal was started against Rocky Mountain Power only, and has caused delays in the legal process . I am astonished the court allowed this without any notice to the appellant. You can submit unsettled agency record marked as such immediately To the Supreme Court, but agency record is not factual other than the decisions in the orders is what the Commission did, not the actual facts ,but they are full of lies and or omissions trying to protect Rocky Mountain Power, agency record are not factually supported by the evidence and still have no bearing on the Constitutional issues appealed to the Supreme Court against Rocky Mountain Power. . In the most expedient manner without duplicates, keep the comments, strike the exhibit of sworn affidavit exhibits only leaving the Sworn affidavit in the agency record. Rocky Mountain Power did overcharge me and the meters were crossed is fact so they have illegal possession of my Property and did it without due process of the law.. Plaintiffs Exhibits (1)(2)(3) already on file have been there since the informal. Plaintiff wasn't aware that needed legal writing for what she was told was investigation into complaint and billing mediation. Tried to get an attorney and failed when realized the legal ramifications by Rocky Mountain Powers response to the commission, and can definitely see why they don't want to deal with both a utility and the commission which leaves a regular citizen defenseless to the abuses of power of the utility combined with the state agencies tribunal that does not allow for Constitutional protections, only lawyers that will are the ones representing the Utilities which is not legal justice. To protect myself from what agency has shown capable of doing: At no time will there be a dismissal with prejudice from The Commission to prevent me from continuing my suspended appeal already started. if you chose to do this I will be there. but will be doing further investigation into this legality of this according to the Constitution and Idaho law, not the agencies rules and regulations as they have no bearing in the appeal on Constitutional issues against Rocky Mountain Power and can be challenged under "Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year"42 U.S. Code § 1985 - Conspiracy to interfere with civil rights" Though I do not wish to go this route if you obligate me to I will. This is only delaying my appeal that I started against Rocky Mountain Power as only defendant. I will need more time for preparations because what this is doing is going to be more than just the exhibits and the judge asking them a few questions because the evidence is in writing and predates their false claims , if the state admin agency chooses to continue as defendants. Rocky Mountain Power and IPUC were well aware plaintiff was willing to fight all the way Scotus for justice, if need be Pro Se. against Rocky Mountain Power theft by overcharges to appellant, if it hadn't been for the public comment about procedural, legal and Constitutional issues they would have done the same as always dismiss with prejudice in the pattern easily shown by closed cases, that blocked private citizen from getting into the court system with a valid complaint against a utility the Commission oversees. With what was done in my case by the agency. it appears to this private citizen the commission should not be a state agency with regulatory powers as they allow violations of law and Constitution in the face of the facts, but labeled a major lobby group instead and loose all powers granted by the state and its inhabitants if they cannot do the job they were set up to do neutrally and unbiased as mandated by Idaho law, that is the definition of corruption. Since when can admin agency ignore law and rules be seen as not prejudicial such as ignoring I.R.E 103 rule 401, Apologies if this isn't written perfectly as still learning but fighting for my Constitutional Judicial Protections and now apparently civil rights too... Amendments to complaint The petitioner Sherry Cole is seeking to amend the complaint to include recovery of legal fees in addition to the total amount of over charges by Rocky Mountain Power plus interest. It will depend on how many courts it takes for this simple case to get settled to get the total. That the proper one not found in IDAPA be entered into the complaint Idaho rule 61-301 and based on information from when it was originally filed, be corrected to the amount that was given to both The Commission Secretary Jan and the attorney for Rocky Mountain Power Joseph Dallas based on estimate from the 6 months credit they did provide then reversed, as they are capable of getting the exact amount but didn't want to so it was fair and accurate for both parties estimate of 10,870.00 based on the new evidence that was passed along to amend the complaint but was not added That the information obtained from research of a State of Idaho Law Maker Heather Scott on Idaho Law, be added that was entered wrongly in the order backgrounds as it was not commission staff but an elected lawmaker. It was given to the Commission secretary but never entered except for falsely, and the Utilities lawyer, that that 6 months only applies to being undercharged, there is no time restriction when the customer was over charged. As I the petitioner was. Sherry Cafe Pro Se 6. 0 January 4th, 20241-1/ CERTIFICATE OF SERVICE I certify that on the 4th day of January, 2023, I served true and accurate copies of the foregoing document on the following persons, either by deposit in the U.S. Mail, addressed as follows and with the correct first-class postage affixed thereto, or be deposit in the designated courthouse mailbox, or by hand-delivery, as indicated below: Name: Michael Duval Served by: [ Hand-delivery [ Deposit in the designated courthouse mailbox [ By deposit in the U.S. Mail addressed as follows: [ Electronic submission via Icourt portal file and serve [x] Email Name: Joseph Dallas Served by: [ Hand-delivery [ Deposit in the designated courthouse mailbox [I By deposit in the U.S. Mail addressed as follows: [ Electronic submission via Icourt portal file and serve [x] Email Name: Jea,--‘) Served by: [I Hand-delivery [ Deposit in the designated courthouse mailbox [I By deposit in the U.S. Mail addressed as follows: [I Electronic submission via lcourt portal file and serve email 1. e cie te,,y Sherry Cole Pro Se Appellant - EXHBIIT D: Correspondence From Company Representative to Petitioner-Appellant’s EXHBIIT E: Petitioner-Appellant’s January 7, 2024, Motion for Default Judgment Sherry Cole Pro Se 350 S. 12th W. #14 Saint Anthony Idaho 83445 208-624-4020 slordaz@hotmail.com IN THE IDAHO SUPREME COURT OF APPEALS Sherry Cole Petitioner, Appellant Vs. Idaho Public Utilities Commission Pacific Corp , dba Rocky Mountain Power Respondents ) ) ) ) ) ) Case No. 51148-2103 Motion for Default Judgment I the Appellant Sherry Cole Motion the Court for a default judgment in this appeal Based on the fact that the defendants failed to submit the records requested in a timely manner to this court. CERTIFICATE OF SERVICE Electronically Filed 1/7/2024 5:17 PM Idaho Supreme Court Melanie Gagnepain, Clerk of the Court By: Melanie Gagnepain, Clerk 7.14-I certify that on the ?ay of , 20 2._y, I served true and accurate copies of the foregoing document on the following persons, either by deposit in the U.S. Mail, addressed as follows and with the correct first-class postage affixed thereto, or be deposit in the designated courthouse mailbox, or by hand-delivery, as indicated below: Name: Michael Duval Served by: [II Hand-delivery [ Deposit in the designated courthouse mailbox [I By deposit in the U.S. Mail addressed as follows: Electronic submission via Icourt portal file and serve [ email Name: Joseph Dallas Served by: Hand-delivery [ J Deposit in the designated courthouse mailbox [I By deposit in the U.S. Mail addressed as follows: Electronic submission via Icourt portal file and serve [I email Name: Idaho Supreme Court of Appeals Served by: [ Hand-delivery [ I Deposit in the designated courthouse mailbox [ By deposit in the U.S. Mail addressed as follows: tel Electronic submission via lcourt portal file and serve [I email C:2„ /- 7- 262,1 Sherry Col Pro Se Appelant l] I] [1 l l Hand-delivery Deposit in the designated courthouse mailbox By deposit in the U.S.Mail addressed as follows: Electronic submission via lcourt portal file and serVe email AL”éﬁ A7"202(/ Sherry ColgPro Se Appelant