20021114_315.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
LOU ANN WESTERFIELD
RANDY- LOBB
CAROL COOPER
TONYA CLARK
BEV BARKER
GENE FADNESS
WORKING FILE
DON HOWELL
NOVEMBER 14, 2002
FORMAL COMPLAINT OF DEIDRA PASQUARIELLO AGAINST IDAHO
POWER, CASE NO. IPC-02-
On July 26, 2002, the Commission received a "formal" complaint from Ms. Deidra
Pasquariello against Idaho Power. Ms. Pasquariello is disputing an alleged past-due bill of
$573.37 placed against her current account. The amount in dispute was "transferred" from a
prior account in the names of Charles P. Adams and Dee Adams. In essence, Ms. Pasquariello is
disputing the transfer of a past-due bill of "Dee Adams." For its part, the Company believes that
Dee Adams and Deidra Pasquariello are one and the same person.
On September 4, 2002, the Commission issued a Summons requesting that Idaho
Power answer the complaint. On September 24, 2002, Idaho Power filed its timely Answer to
the complaint in the form of a Motion to Dismiss. Ms. Pasquariello did not file a reply to Idaho
Power s Motion to Dismiss. Neither party requested a hearing.
BACKGROUND
The following facts and sequence of events are obtained from the Complaint and
Idaho Power s Motion. On or about August 17 2001 , Charles P. Adams came alone to the Idaho
Power Company offices in Nampa and requested electrical service for property located at 6330
West Ustick Road in Meridian (the Ustick Road property). He provided photo identification to
DECISION MEMORANDUM
the Company representative and paid an outstanding balance of approximately $240 for a prior
unpaid account. The prior unpaid account was for electrical service at 612 Montgomery Street in
Idaho City under the names of Charles P. Adams and Dee Adams. When Mr. Adams requested
service for the Ustick Road property, he also provided the Social Security number of a person
purported to be "Dee Adams.
The U stick Road property had two meters, one residential and one small general
servIce. Accounts for both meters were set up under the names of Charles P. Adams and Dee
Adams. Service was connected on or about August 20, 2001. During the next seven months
monthly bills and several disconnection notices were sent. -On or about March 7, 2002, Mr.
Adams requested that service to the residence at Ustick Road be disconnected. Consequently,
the Company disconnected service to the residence.
According to Idaho Power records, one day after the disconnection of service at the
Ustick Road property, Ms. Pasquariello contacted the Company and requested residential service
at 253 North Meridian Road in Kuna. The Company conducted a credit check of Ms.
Pasquariello and found that the Social Security number she provided was the same as the Social
Security number purporting to be Dee Adams as provided by Mr. Adams in August 2001. The
Company does not indicate when it conducted the credit check but it transferred the past-due
balance for the Ustick Road property to Ms. Pasquariello s residential account in Kuna on or
about May 13 , 2002.
On or about June 2, 2002, Ms. Pasquariello made an informal complaint with the
Commission Staff objecting to the transfer of the past-due residential account balance of Ustick
Road of approximately $573.37. The informal complaint was not resolved to her satisfaction and
Ms. Pasquariello filed her formal complaint on July 26, 2002.
THE COMPLAINT
In her complaint, Ms. Pasquariello states that she has lived at 252 Meridian Road in
Kuna since March 2002. When she moved in, she indicated that she was having a problem with
her mail being forwarded to her daughter s address in Pocatello. After not receiving a power bill
for approximately two months, she contacted Idaho Power to let them know of the mail problem
and to obtain "a copy of my power bill." Complaint at 1. She subsequently received a bill in the
amount of approximately $722.64. Of that amount, approximately $150 was due for service at
the Kuna property and the balance was transferred from the prior Ustick Road account.
DECISION MEMORANDUM
, Pasquariello asserts that she is not responsible for the bill of Pat Adams, and she
is not married to Mr. Adams. Complaint at 3. However, she acknowledges that she lived with
Pat Adams at the Ustick Road property. She provided a Social Security card and an Idaho
identification card with the name Deidra Pasquariello on both.The ID card was issued
December 31 2001 , and contains her picture. The ID card lists her address as 6330 Ustick Road.
She indicates that three individuals (Pat Adams, Dave Allen, and she) lived at the
Ustick Road property. The complaint indicates that Dave Allen moved out and "that left me
(Deidra Pasquariello) and (Pat Adams) to split rent (2) ways and not (3) ways." Complaint at 2.
She objects to the transfer of the past-due Ustick Road accounts to her new Kuna residence
account. Also attached to her complaint was a lease agreement for the Ustick Road property
showing Pat Adams and Deidra Pasquariello as tenants for the property.
THE MOTION TO DISMISS
In its response, Idaho Power submitted a Motion to Dismiss. In its Motion, the utility
notes that Ms. Pasquariello does not deny that she resided at the Ustick Road property. The
Company points out that the "Lease-Rental Agreement and Deposit Receipt" for the Ustick Road
property indicates that "Pat Adams and Deidra Pasquariello" executed the lease agreement.
Motion at 3. In addition, Idaho Power alleges that Ms. Pasquariello admitted that she was
responsible for paying at least one-third of the power bill at the Ustick Road property. See
Complaint at 2. The Company also notes that the Social Security number purportedly belonging
to Dee Adams is the same Social Security number assigned to Deidra Pasquariello. She did not
provide any documentation showing that she had paid either Mr. Adams or Mr. Allen at the
U stick Road property for her share of the electric bill. The Company further argues that it was
incumbent upon Ms. Pasquariello to notify Idaho Power during the seven months that she lived
at the U stick Road property if there was a discrepancy in the billing information (name on the
account), for service at the Ustick property.
The Company states that it appropriately transferred the arrearage from the Ustick
Road property to Ms. Pasquariello s Kuna bill. The Company maintains that Customer Relations
Rule 206 allows the Company to transfer the Ustick Road balance to Ms. Pasquariello s present
account. In particular, the Company asserts that Customer Relations Rule 206.02(a) entitles the
Company to hold Ms. Pasquariello responsible for payment of residential electric service
received at the Ustick Road property. Motion to Dismiss at 4. Because the Social Security
DECISION MEMORANDUM
numbers are identical for Dee Adams at the Ustick Road property and Deidra Pasquariello for
the Kuna property, the Company maintains that it is entitled to consider Dee Adams and Ms.
Pasquariello "one and the same person. As a result of and in conformance with IPUC Customer
Relations Rule 206 , Idaho Power transferred the balance due on the residential account for the
Ustick property to the residential account for Ms. Pasquariello s Kuna Property." Motion at
206.TRANSFER OF BILLS--RESIDENTIAL CUSTOMERS (Rule
206).
01. Customer Defined.For purposes of this rule
, "
customer" means a
customer whose name appears on the utility's regular bill for residential
service or who signed a written application for service or other document
informing the customer that he or she was assuming an obligation forpayment for service. (7 -93)
02.Customer s Responsibility.A customer shall not be held responsible for
payment of an amount owed by any person who resides at the customer
premises or is a member of the customer s household, but whose name does
not appear on the current bill or application for service, unless: (7 -93)
a. The customer expressly accepts responsibility for payment of the other
person s bill, or (7-93)
b. The customer has a legal obligation to pay the other person s bill.
(7-93)
03.Notice of Transfer of Bill to Another Customer.No utility shall transfer
any amount owed by a customer or former customer to another customer
account without written notice.
04. Response. The customer shall be given a minimum of seven calendar
days to respond to the utility s notice. . (7-93)
05. Transfer of Bills for Customers Who Move.The utility shall not be
required to notify a customer of its intent to transfer an amount owed if that
customer remains the customer named on the bill and moves to another
location within the utility s service territory, provided that the lapse in service
does not exceed sixty (60) days for electric and water utilities, or one heatingseason for gas utilities. (7 -93)
DECISION MEMORANDUM
In conclusion, Idaho Power maintains that Ms. Pasquariello admits that she: (1)
entered into a lease at the Ustick property; (2) resided at that address; (3) was responsible for
paying for power provided at that address; and (4) the Social Security number of "Dee Adams
is identical to her own. These facts support the Company s assertion that Ms. Pasquariello is
responsible for the balance owing on the Ustick property residence.
Commission Decision
To assist the Commission in revIewmg this issue, I have attached the formal
complaint with the Lease-Rental Agreement for the Ustick Road property. I have also attached
the Company s Motion to Dismiss without the attachments. As previously mentioned, Ms.
Pasquariello did not file a reply to the Company s Motion to Dismiss.
What are the Commission s findings regarding this complaint?
Donald L. Howell, II
bls/M:IPCEO210
DECISION MEMORANDUM