20190813final_order_no_34403.pdf

Office of the Secretary
Service Date
August 13,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE COMPLAINT OF )CASE NO.INT-G-19-03
RAUL MENDEZ AGAINST )
INTERMOUNTAIN GAS COMPANY )
)ORDER NO.34403
This matter comes before the Commission on Complainant Raul Mendez's August 8,
2019 notice that he is dismissing his appeal of Commission Order Nos.34336 and 34371 (the
"Notice of Withdrawal").Having reviewed the record,the Commission accepts Mr.Mendez's
Notice of Withdrawal of his appeal,effective immediately.The Commission's decision is
explained below.
BACKGROUND
On January 25,2019,Mr.Mendez formally complained to the Commission that
Intermountain Gas Company ("IntermountainGas"or "Company")had wronglyapplied a $14.00
Account Initiation Charge to his account,improperly manipulated his bills,and violated the Fair
Debt Collection Practices Act.Mr.Mendez also alleged Commission Staff had violated his right
to Due Process during the informal complaint process that preceded Mr.Mendez filing his formal
complaint (collectively,the "Complaint").
On May 23,2019,the Commission denied the Complaint on all counts.Order No.
34336.Mr.Mendez then filed a Petition for Reconsideration,which the Commission also denied.
Order No.34371.
On July 23,2019,Mr.Mendez filed with the Commission a Petition for Fee Waiver
and a Notice of Appeal.In his Petition for Fee Waiver,Mr.Mendez asked the Commission to
waive:(1)the fee for the Commission to compile the agency record;and (2)the fee that Mr.
Mendez must pay to the Idaho Supreme Court to file his appeal.
The Commission considered Mr.Mendez's Petition for Fee Waiver during its July 30,
2019 open meeting.Since the Commission has no rules specifying what criteria the Commission
should use to analyze a fee waiver request,the Commission decided to analyze Mr.Mendez's fee
waiver request using the criteria in Idaho Code §31-3220 as a guide.The Commission thus asked
Mr.Mendez to complete a form that is similar to the form the Ada County district court uses to
assess fee-waiver requests (the "Motion and Affidavit for Fee Waiver"form).
ORDER NO.34403 1
On August 2,2019,Mr.Mendez filed a completed Motion and Affidavit for Fee
Waiver.However,on August 8,2019,Mr.Mendez emailed a Notice of Withdrawal to the
Commission Secretary,counsel for Intermountain Gas,and counsel for the Commission.Among
other things,Mr.Mendez stated,"I've filed a Notice of Appeal and a petition for fee waiver for
this case.I'm not sure what the status of it is but I hope that it has not been filed with the Idaho
Supreme Court yet.I will have to dismiss this appeal and proceed with litigation."
On August 8,2019,the Commission Secretary replied to Mr.Mendez stating,"Thank
you for notifying us that you would like to dismiss your appeal.I will file your email in the
underlyingcase,INT-G-19-03.The Commissioners will discuss your notice of withdrawal at the
next Decision Meeting on Tuesday,August 13,2019."
On August 9,2019,Mr.Mendez responded to the Commission Secretary and said
"OK."He also stated additional information he would like included in the case file.
On August 13,2019,the Commission discussed on the record Mr.Mendez's August 8,
2019 Notice of Withdrawal at its regularlyscheduled decision meeting.
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over this matter under Title 61 of Idaho Code
including Idaho Code §§61-502,61-503,61-507,61-520,and 61-612.Having reviewed the
record,including Mr.Mendez's Notice of Withdrawal,the Commission finds it reasonable to
accept the Notice of Withdrawal,effective immediately.Mr.Mendez clearly stated that he did not
want the administrative record prepared and delivered to the Idaho Supreme Court.Mr.Mendez
also clearly stated his desire to dismiss this appeal.The Commission thus finds it appropriate to
accept Mr.Mendez's Notice of Withdrawal of his appeal,effective immediately,and to direct the
Commission Secretary to cease preparing the administrative record and to not forward Mr.
Mendez's Notice of Appeal to the Idaho Supreme Court.The Commission also finds that Mr.
Mendez's Notice of Withdrawal of his appeal and this decision render Mr.Mendez's Petition for
Fee Waiver moot.
ORDER NO.34403 2
ORDER
IT IS HEREBY ORDERED that Mr.Mendez's Notice of Withdrawal is accepted,
effective immediately.Mr.Mendez's Petition for Fee Waiver is moot,the administrative record
in this case shall not be prepared,and a Notice of Appeal shall not be forwarded to the Idaho
Supreme Court.
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsiderationwithin twenty-one(21)days of the service date of this Order with regard to any
matter decided in this Order.Within seven (7)days after any person has petitioned for
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /
day of August 2019.
PAUL KJELLAND ,PRESIDENT
K MISSIONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane M.Hanian
Commission Secretary
I:\Lega]\GAS\INT-G-19-03\INTGl903final order withdrawal ej
ORDER NO.34403 3