20060324Complaint.pdf

IlAEMMERLE & IlAEMMERLE, P.L.C.
Attorneys & Counselors at Law
Fritz X. Haemmerle
Jennifer L. K. Haemmerle
P. O. Box 1800
Hailey, ID 83333
400 South Main Street, Suite 102
Tel: [phone]
Fax: [phone]
-=tAJI-G ~ Db-
March 14 , 2006
Idaho Public Utilities Commission
Attn: Jean Jewell
O. Box 83720
Boise , ID 83720-0074
. ,; .
Re:Craig Johnson Construction, LL C. v. Intermountain Gas
Dear Ms. Jewell:
This firm represents Craig Johnson Construction , L.L.C. ("Johnson
Please find enclosed a Formal Complaint filed by Johnson against Intermountain
Gas for a disputed billing. Please advise if a filing fee is required or what other
action is required of my client.
If you have any questions, please do not hesitate to call. Thank you.
Sincerely,~;E ~LE ' PH.
Fritz X. Haemmerle
FXH: fxh
Encl.
cc: client
FRITZ X. HAEMMERLE, ESQ
HAEMMERLE & HAEMMERLE, P.L.C.
400 South Main Street
O. Box 1800
Hailey, Idaho 83333
208/578-0520
Fax: [phone]
ISB #3862
Attorneys for Petitioner
ORIGINAL
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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CRIAG JOHNSON CONSTRUCTION,
L.L.c.
Petitioner
vs.
INTERMOUNTAIN GAS COMPANY
Respondent.
) Case No. J::AJT G -Db-of
FORMAL COMPLAINT
COME NOW the Petitioner Craig Johnson Construction, LLC.
, ("
Johnson
Construction ) by and through their attorney of record, Fritz X. Haemmerle, Haemmerle &
Haemmerle, P.LLC., and pursuant to IDAPA 31.01.01.054 hereby files this Formal Complaint
against the Respondent, Intermountain Gas Company.
LISTED REPRESENA TIVE:Fritz X. Haemmerle
HAEMMERLE & HAEMMERLE, P.LLC.
O. Box 1800
Hailey, ID 83333
FORMAL COMPLAINT - 1
[phone]
[phone] (fax)
e-mail: fxh~haemlaw.com
PETITIONER: Craig Johnson Construction, LLC., P.O. Box 579, Hailey, ID 83333 (208) 788-
0796
RESPONDENT:Intermountain Gas Company, c/o of its Registered Agent, James E.
Simmerman, 555 South Cole Road, Boise, ID 83709.
COMMON ALLEGATIONS
The Petitioner, Craig Johnson Construction, LLC. ("Johnson Construction ), is a
customer of the Respondent, Intermountain Gas Company ("Intermountain Gas
From January through December 14, 2005 , Intermountain was billing Johnson
Construction at the billing address identified as "102 Sutton PI House, Ketchum, ID 83340"
(hereinafter "Sutton Project"
For the Sutton Project, Intermountain Gas had installed a gas meter. The gas meter
installed by Intermountain Gas at all times functioned properly, and the gas meter installed never
failed to function.
Thereafter, Intermountain Gas billed Johnson Construction from correct readings
from the installed gas meter. All bills received by Johnson Construction from January through
December 14 2005 were paid when received.
On or about December 20, 2005, Intermountain Gas billed Johnson Construction
623.79 for the Sutton Project (a true and correct copy attached as Exhibit 1). The December
2005 billing was an attempt by Intermountain Gas to charge Johnson Construction an additional
amount for January through December 14 2005 , services.
FORMAL COMPLAINT - 2
The basis of the additional charge was a belief by Intermountain Gas that it installed
the wrong type of gas meter for the Sutton Project, and as a result, the prior billings through
December 14, 2005, did not accurately reflect the services received by Johnson Construction.
At no time did the gas meter installed for the Sutton Project fail or malfunction.
COUNT ONE
(Over Billing - IDAP A 31.21.01.204)
The Plaintiffs restate and reallege the common allegations contained in
paragraphs 1 through 7.
Under IDAPA 31.21.01.204, a utility may file a corrected billing only
(w)henever the billing for utility service was not accurately determined because a meter
malfunctioned or failed, bills were estimated, or bills were inaccurately prepared, the utility shall
prepare a corrected billing. If the utility failed to bill a customer for service the utility shall
prepare a bill for the period during which no bill was provided.
10.Because the basis of the billing was a belief that Intermountain Gas had installed
the wrong meter, as opposed to an allegation that the meter failed or malfunctioned
Intermountain Gas lacks any legal authority to rebill Johnson Construction for the months
January through December 14 2005 , as that amount is represented on Exhibit 1.
RIGHT TO AMEND
The Petitioner reserves the right to amend this Complaint in any respect as motion
practice and discovery proceed in this matter.
WHEREFORE, Petitioner prays for the following relief:
FORMAL COMPLAINT - 3
That the IPUC declare that the Respondent had no basis to charge the Petitioner
for addition amounts for the months January through December 14 2005;
That the IPUC declare that billings received by Petitioner from the Respondent
for the months January through December 14, 2005 have been paid in full;
That to the extent authorized by law, that the IPUC award the Petitioner its
reasonable attorney s fees costs; and
4. For such other and further relief as the Court may deem just and equitable.
DATED this f!! lay of March, 2006.
HAEMMERLE & HAEMMERLE, P.L.L.C.
4--
FR.ifz x. HAEMMERiE
Attorney for Petitioners
FORMAL COMPLAINT - 4
CERTIFICATE OF SERVICE
I hereby certify that on the
d!
day of March, 2006, I served a true and correct copy of
the within and foregoing document upon the attorney(s) named below in the manner noted:
Idaho Public Utilities Commission
Attn: Jean Jewell
O. Box 83720
Boise, ID 83720-0074
By depositing copies of the same in the United States Mail, postage prepaid, at the
post office at Hailey, Idaho.
By hand delivering copies ofthe same to the office of the attorney(s) at his offices in
Hailey, Idaho.
By telecopying copies of same to said attorney(s) at the telecopier number
, and by then mailing copies of the same in the United
States Mail, postage prepaid, at the post office at Hailey, Idaho.
Fri~e
FORMAL COMPLAINT - 5
EXHIBIT
., INTERMOUNTAIN GAS COMPANY
O, Box 64
Boise, Idaho 83732
www.llftgas.com
[phone]
Call 7 AM . 7 PM Mon-Fri
SERVICE ADDRESS: 1 02 Sutton PI House, Ketchum, 10 83340
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Nov 30
421
P~YMENT DUi:D~TE" ""ACCo(iNt'NOM6ER "..
Dee 30 2005 11180400-023-
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$4,623.
Total of Account - Previous 8illing
Payments Received
Balance Forward
$283.
$283.55 CR
$0.
Dee 14 , 459025 3685
cF ;:,~ ~~~roti Cljf=r:)(~kll~~~tAci6R?;~ ~tf(E'~rits Eiiiiai:
7669 !3 984 1.081 "307
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Dee 16, 2005 RS2 Current Usage
Customer Charge
307 07285 : $4 620.i $3.
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Total of Account - Due Dee 2005
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PLEASE DETACH AND RETURN BOTT~ Po.f!..T!ON WITH YOUR PA YMENT OR BRING THE ENTIRE BILL WHEN PA YING IN PERSON
NTERMOUNTAIN GAS COMPANY ?: YMEr\lT~DtJE'bATE::' "ACCOONT NUM~ER"
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O, 8ox 64 Dee 30, 2005 111BO400~O23-5Boise, Idaho 83732
111804000230000462379
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623.
Craig Johnson Construction
PO Box 579
Halley, ID 83333-0579
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, 8A.L"AI\Jt'E FORthARD' "
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AMOUNT ENCLOSED
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N6JW email, mailing address or phone number? Use reVerse side PLEASE CHECK BOX
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