20231010Decision Memo.pdf

DECISION MEMORANDUM 1

DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL

DATE: OCTOBER 10, 2023

SUBJECT: SAMUEL AND PEGGY EDWARDS’ APPEAL OF ORDER NO. 35904 TO
THE IDAHO SUPREME COURT; IPUC CASE NO. SUP-E-23-02.

On September 28, 2023, Samuel and Peggy Edwards filed a Notice of Appeal from Order
No. 35904 in Case No. PAC-E-23-05. The appeal is currently titled “JACOBA H. VAN
MASTRIGT, et al, APPELLANTS, vs. IADHO PUBLIC UTILITIES COMMISSION AND
PACIFICORP, d/b/a ROCKY MOUNTAIN POWER, RESPONDENTS.” The caption of the
Notice of Appeal also lists the case numbers of the other five formal complaints that were
consolidated simultaneously with the Edwards’ complaint (Case No. PAC-E-23-05).1 Per Idaho
Appellate Rule 6, and Idaho Public Utilities Commission Rules of Procedure 343, the agency may,
by order, correct the title of an appeal at any time before the agency’s record is lodged with the
Idaho Supreme Court.
STAFF RECOMMENDATION
Staff recommends that the Commission issue an order correcting the title of the appeal to
“SAMUEL and PEGGY EDWARDS, Appellants, v. IDAHO PUBLIC UTILITIES
COMMISSION and PACIFICORP, d/b/a ROCKY MOUNTAIN POWER COMPANY,
Respondents on Appeal” and deleting the other five case numbers relating to the cases that were
consolidated with the Edward’s complaint 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.

1 The Commission Processed this case along with Case Nos. PAC-E-23-04, PAC-E-23-06, PAC-E-23-07, PAC-E-23-
08, and 11 and issued Final Order No. 35849 dismissing each. Only Case No. PAC-E-23-05 was reconsidered by the
Commission and thus is the only case that can be appealed.
DECISION MEMORANDUM 2

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?

Adam Triplett
Deputy Attorney General

I:\Legal\ELECTRIC\PAC_RMP Smart Meter Complaints\SUP-E-23-02\SUPE2302_dec1_at.docx