20231208Motion to Accept Late Filing.pdf

RECEIVED
2023 DECEMER 8, 2023 8:00AM
IDAHO PUBLIC
UTILITIES COMMISSION
Christy Armbruster
3807 E 120 N
Rigby, JD (83442)
775-340-4964
[e-mail]
In Sui Juris
IN T HE ID ABO PUBLIC UTILITIES COMMISSION
OF THE STATE OF IDAHO
Christy Armbruster
Complainant-Appellant
V.
IDAHO PUBLIC UTILITIES
COMMISSION and PACIFICORP
dba ROCKY MOUNTAIN POWER
COMPANY
Respondents
)
) Supreme Court Docket No. 51363-2023
) Public Utilities Commission No.
) PAC-E-23-08
)
) MOTION TO ACCEPT
) LATE FILING OF
) NOTICE OF APPEAL
)
)
TO: THE ABOVE NAMED RESPONDENTS: PACIFICORP d/b/a/ ROCKY MOUNTAIN
POWER ("COMPANY") AND THE PARTY'S ATTORNEYS:
NAME: JOE DALLAS
ADDRESS: 825 NE Multnomah, Suite 2000
Portland, OR 97232
NAME: MARK ADLER
ADDRESS: 1407 West North Temple, Suite 330
Salt Lake City, Utah 84116
NAME: DAYN HARDIE, DEPUTY ATTORNEY GENERAL
Email: [e-mail]
Whereas, the First Amendment of the Constitution of the United States of America assures the
Appellant has a right, "to petition the Government for a redress of grievances;" and whereas each
one of the Supreme Court Justices have taken an oath of office to, "support the Constitution of
the United States;" and whereas there is no tin1e limit on the rights oftbe people based on
Constitutional Law; and whereas God, our Supreme Creator, has provided these unalienable
rights without constraint of time; the above named Appellant, Christy Armbruster (Case No.:
PAC-E-23-08), sui juris, in pro per, hereinafter known as Appellant, motions the SUPREME
COURT OF IDAHO to accept Appellant's filing of Appellant's NOTICE OF APPEAL dated 10
November, 2023.
Appellant bas a right to appeal to the SUPREME COURT OF IDAHO; and COMMJSSION'S
orders #35904 recorded on 25 August, 2023 and order #35849 recorded on 11 July, 2023 are
appealable orders under and pursuant to Idaho Code§ 61-627 and Rule 1 l(e), LA.R.
Appellant is one of six Complainants whose cases were joined together by the COMMISSION
earlier this year. As a consequence, this required that, as per Idaho Appellate Rule 6, Title of
Appeal and Designation of Parties ... , "The original title ofan action or proceeding, with the
names of the parties in the same order, shall be retained on appeal by adding the designations of
"appellant" and "respondent."" This new designation is reflected in the "title block" on page I in
Appellant's NOTICE OF APPEAL.
On 28 September, 2023, Sam and Peggy Edwards (Case No. PAC-E-23-05), one of the six
Complainants filed a NOTICE OF APPEAL with this designation naming all six Complainants
therein, to wit Jacoba H. van Mastrigt, et al, Appellants (Case Nos.: PAC-E-23-04; PAC-E-23-
05; PAC-E-23-06; PAC-E-23-07; PAC-E-23-08; PAC-E-2311) vs. IDAHO PUBLIC
UTILITIES COMMISSION AND PACIFICORP, d/b/a ROCKY MOUNTAIN POWER,
Respondents.
On 31 October, 2023, the SUPREME COURT OF IDAHO issued an Order Amending Title,
separating Appellant's case, as well as four others from the Supreme Court Docket No. 51238-
2023 (Sam and Peggy Edwards), hence the reason for Appellant's separate NOTICE OF
APPEAL so Appellant's concerns will, in fact, be heard and addressed. On October 9, 2023, the
Edwards' (PAC-E-23-05) appealed orders 35904 and 35849; based on ID Code§ 61-613 (2022).
to wit: "Any review by the courts of orders or decisions of the commission the same rule shall
apply with regard to the joinder of causes and parties as herein provided," Therefore, Appellant
invokes Appellant's right to appeal without disn1issal due to any deadline(s).
Whereas Appellant's case (PAC-E-23-08) has remained on the title throughout the Edwards'
appeal (PAC-E-23-05), as shown in the SUPREME COURT OF IDAHO Order Amending Title
(Docket No. 51238-2023) of31 October, 2023; and whereas per Sam Edward's conversation
\vith Jan Noriyuki, COMMJSSION Secretary, that the title heading in the NOTICE OF APPEAL
2
MOTION TO ACCEPT LATE FILING OF NO]lCll OF APPEAL
must remain the same as shown on COMMISSION Order #35904, Appellant's case (PAC-E-23-
08) has, in fact, remained active and therefore is currently eligible for continuing the appeal
process.
THEREFORE, acknowledging the divinely appointed rights that are secured by the Constitution
of the United States of America, and in the interest of justice, Appellant motions the SUPREME
COURT OF IDAHO that Appellant's NOTICE OF APPEAL dated 10 November, 2023 be
accepted without dismissal.
Dated this 7{}, day ofDecember, 2023.
hristy Armbruster, Sui Juris
3
MOTION TO ACCEPT LATE FIT.ING OF NOTICE OF APPEAL