20231204SC No. 51363-2023 - Notice of Appeal.pdf

RECEIVED
2023 NOVEMBER 13,2023 8:00AM
IDAHO PUBLIC
.UTILITIES COMMISSION
Chnsty Armbmster CASE NO.SUP-E -2 3 -03
3807 E 120 N
Rigby.ID 83442
775-340-4964
In Sui Juris
IN THE IDAHO PUBLIC UTILITIES COMMISSION
OF THE STATE OF IDAHO
JACOBA H.VAN MASTRIGT,et al,)CASE NOS.PAC-E-23-04;PAC-E-23-05;
)PAC-E-23-06;PAC-E-23—07;
COMPLAINANTS-APPELLANTS )PAC-E-23-08;AND PAC-E-23-ll
v.
IDAHO PUBLIC UTILITIES COMMISSION
AND PACIFICORP.d/b/a ROCKY
MOUNTAIN POWER COMPANY
RESPONDENTS
Supreme Court No.51363-2023
NOTICE OF APPEAL
TO:THE ABOVE NAMED RESPONDENTS:IDAHO PUBLIC UTILITIES
COMMISSION (“Commission”)AND 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 ALDER
ADDRESS:1407 West North Temple,Suite 330
Salt Lake City,UT 84116
AND THE SECRETARY OF THE IDAHO PUBLIC UTILITIES COMMISSION,MS.JAN
NORIYUKI.
Filed:11/30/2023
Idaho Supreme Court
Melanie Gagnepain,Clerk
By:Kimber Grove,Deputy
))
)
)
)
NOTICE IS HEREBY GIVEN THAT:
l.The ahove named Appellant, Christy Armbruster with Case No. PAC-E-23-08, appeals
against the above named Respondents to thc ldaho Suprcmc Court liom ldaho Public
Utilities Commission Order No. 35904 rccordcd on thc 25th day of August 2023. signcd
by President Eric Anderson, Commissioner John R. Hammond Jr-, and Commissioner
Edward Lodge. A copy ofrhe order no.359M being appealed is attached to this norice,
as well as a copy of the order no. 35849 which preceded ir.
Appellants havc a right to appeal to the Idaho Supreme Court. and the orders described in
paragraph I above are appealable orders under ldaho Code $ 6l-627 and rule I l(e) l.A.R.
My case PAC-E-23-08 was initially bundlcd by the Commission with 5 other cases cvcn
though I already have a Smart Meter whereas the other complainants do not. The remedy
I am seeking is to havc thc Company rcmove the Smart Meter' install an
electromechanical (analog) mcter that I will provide, and not charge me extra fees for
retuming to the mor€ sccure mctcr that does not violatc my privacy.
On 3 I October 2023, thc Suprcme Coun of ldaho ordered to separate my case from the
Supreme Court Docket No,51238-2023, hence the reason for this current appeal so my
concerns will bc addrcssed. On 9 October 2023, the Edwards' (PAC-E-23-05) appealed
Ordcrs 35904 and 35849; based on lD Code I 61-613 (2022) "Any rcvicw by the
courts of orders or decisions of the commission lhe same rule shall apply with regard to
thejoinder ofcauses and parties as herein providcd," I invokc my right to appeal without
dismissal due to any dearlline.
As shown on hrtps:r:puc.idaho.gor iC asclDctailsi 701 6 thc Commission closed my case 7
September 2023, only l3 days aflcr Ordcr 35904 ' not thc 42 days that I am allowcd to
appeal. Notice, howevcr, that the Commission was treating my case as ongoing along
with PAC- E-23-05 becausc my case oumber has been on the title pages since the
Commission consolidated our six claims as shown on the Title Page of I I July 2023 Final
Onler 35E49.
The United states courr ofAppeals for thc scvcnth circuit statcd, "Acccpting smart
Meter Awareness's well-plcd allegations as true, this collection constitutcs a searchr." As
shown in that court casc, thc data collection from thc Smart Metcr violatcs my 4th
Amendment rights rhat were given to me by God, our supreme creator. I demand ihat
you uphold your oath ofoffice and restore my right to be secure in my house without
continual searches from a Smart Meter.
I C$. I t3?66 Unii€d Slrt i Cou.t of ApPcrlt for dE Slv6tdr Citcuit
orders 35849 and 35904 have carcfully avoided the assertion that AMI meters violatc
privacy because of the data they record and transmit. Look at the conccm that was not
addressed by the Company nor the Commission.
a. In the original complaint received 25 March 2023, the Appellant addressed Ms'
Noriyuki thus: "I implore you to invostigate this mater and make nec€sEary
changes so Idaho citizens are not coerced into aocepting harmful cquipm€nt and
privacy breaches in ordcr to access public utilitie's'"
b. Also in the complaint reccivcd 25 March, 2023, Count 5 stat€s in part' "Illegal
wiretapping and extraotion ofpcrsonal and pri\rate inforrnatioD vdthout a lawfully
issued and or ox€cuted search warran! through the installation ofan unlawful (as
no ftce consent was given) zuweillance/wirotapping dcvicc known as a smart
mcter (trespassing Tcchnologa). Smart metct capabilities include, but not limited
to monitoring, logging, storing, tansferring, and sharing of daily personal and
privato habits and routines of occupants of privatc homes and then giving srid
information to unaulhorized third-perties for profit'.."
s. In the objection to th€ motion received 22 May,2023, the claim wa.s restated:
"Extraction of perconal and private information without a lawfully issued and/or
executed search warant througb fte installalion of a smart metel, which monitors,
logs, stores, transfers, and shares daily personal and private habits aod routines of
occupants of privatp homes. This amounts to gross violation of my FOURTH
AMENDMENT right to be secwe in my house "
Concluding the objection to the motion received 22 May, 2023, a rcquest was
madc to, "Require ROCKY MOUNTAIN POWER/PACIFICORP to conect their
misleading statements to their customers regarding private information that is
being collected and shared through the use of smafi met€rs."
Look at number 3 of the company's response on the Commission's final ordcr
35E49 where the Company admits that there is enhanced Informedon! "AMI
allows for cost savings by reducing meter reading costs and provides improved
custom€r s€rvice through enhanccd informatioo and billing options."
As shown in objection !o motion reccivcd22May 2023, the Cornpany's websitc
states: "Advance metering tecbnologSr cannot track ot record individual appliance
usage. lnstead, it can only record whole-house electrical usage information - the
same information collected by your old meter, This means Rocky Mountain
Power gets no information on the specifics of how you use energy, only the total
d.
usage. For cxample, ifyour horne used 3 kWh ofelectricity in a givcn hour, thc
new meter would transmit "3 kWh.""
g. This statement is refuted by the evidence attached to the ohjection to motion
whcrc thc bill from the Cornpany outlines specific types ofpower usagc, which is
an absolute violation ofprivacy and proves the Comparry is lying !o the public on
their website.
h. Idaho Public Utilities Commission did not discuss thc concerns ofprivacy that
have been repeatedly brought forth. See this sunrmary on psge 6 of the final order
35849. "Having reviewed the rccord, thc arguments ofthe parties, and all
submified materials, the Commission linds that the Complainants have not
provided evidence to support a finding thst AMI mctcrs prcscnt a legitimatc
safety concern, or that public utilities in ldaho should be requircd to provide an
opt-out option for AMI meters."
4. No order has been entered sealing all orany portion ofthe record.
5. Is a reponer's transcript requested? No.
6. The Appellanl requests that the Commission Secretary lile this Notice of Appeal and case
rccord PAC-E-23-0E with the ldaho Supreme Court, including all documentation listed
under Rule 28(bX3), l.A.R., including "Objection to Motion to f)ismiss" dated
5/2212023 with the uttachments.
7. I ccnifu:
a. Thar the estimated fee fbr preparation of the agcncy's record has been paid.
b. That the appellate filing fee has been paid.
c. That servicc has besn madc upon all parties required to bc served pursuant to Rule
20.
DATED THIS lq DAY Of Novembs,r2023.
Christy Arinbruster, Sui Juris