20190809Decision Memo.pdf

DECISION MBMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:EDWARD JEWELL
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 9,2019
SUBJECT: IN THE MATTER OF THE COMPLAINT OF RAUL MENDEZ AGAINST
INTERMOUNTAIN GAS COMPANY; CASE NO. INT-G-19-03.
On January 25, 2019, Raul Mendez filed a formal complaint with the Commission
against Intermountain Gas Company ("lntermountain Gas" or "Company") alleging the
Company wrongly applied a $14.00 Account Initiation Charge to his account, improperly
manipulated his bills, and violated the Fair Debt Collections Practices Act. Mr. Mendez also
alleged Commission Staff violated his right to due process through the informal complaint
process (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 fied with the Commission a Petition for Fee Waiver
and a Notice of Appeal. The Commission first considered Mr. Mendez's Petition for Fee Waiver
during its July 30, 2019 meeting. The Commission decided to analyze the fee-waiver request
using the criteria in ldaho 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 when assessing
fee-waiver requests under ldoho Code $ 3l-3220 (the "Motion and Affidavit for Fee Waiver").
On August 2,2019, Mr. Mendez filed the Motion and Affidavit for Fee Waiver.
On August 8,2019, Mr. Mendez sent an email to the Commission Secretary, counsel
for Intermountain Gas, and counsel for the Commission. In that email, Mr. Mendez alleged that
Intermountain Gas damaged his property while disconnecting service for nonpayment, and that
DECISION MEMORANDUM 1
the Company failed to provide adequate notice before disconnection. Regarding this case, INT-
G-19-03, Mr. Mendez stated, "l'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." Attachment
L
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
underlying case, NT-G-19-03. The Commissioners will discuss your notice of withdrawal at the
next Decision Meeting on Tuesday, August 13,2019." Attachment2.
On August 9,2019, Mr. Mendez responded to the Commission Secretary and said
"OK." He then went on to state additional information he would like included in the case file.
Attachment 3.
STAFF RECOMMENDATION
Staff recommends the Commission treat Mr. Mendez's August 8, 2019 email as a
Notice of Withdrawal. Staff further recommends the Commission grant the Notice of
Withdrawal effective as of the service date of the Order. Rule 68 states, "A party desiring to
withdraw a pleading must file a notice of withdrawal of the pleading with the Commission and
serve all parties with it. Unless otherwise ordered by the Commission, the notice is effective
fourteen (14) days after filing." IDAPA 31.01.01.068. Staff notes that all parties to the case
received Mr. Mendez's August 8,2019 email. Staff also notes that an order granting withdrawal
as of the service date of the order would eliminate the need for the Commission to issue an order
on Mr. Mendez's Petition for Fee Waiver and would also excuse the Commission from
delivering the administrative record to the Idaho Supreme Court, as requested by Mr. Mendez.
2DECISION MEMORANDUM
COMMISSION DECISION
Does the Commission wish to treat Mr. Mendez's August 8, 2019 email to the
Commission and Intermountain Gas as a Notice of Withdrawal? Does the Commission wish to
approve Mr. Mendez's Notice of Withdrawal, effective as of the service date of the
Commission's order?
> 4*-tl
Ea*".d J. iG&l
Deputy Attoffi General
IlLegal\GAS\lNT-G-l 9-03\INTGI 903_dec memo ej
3DECISION MEMORANDUM
Edward Jewell
From:
Sent:
To:
Subject:
Attachments:
Raul Mendez <[e-mail]>
Thursday, August 8, 2019 1:00 PM
Jo Nelson; Diane Holt; prestoncarter@ givenspursley.com; Edward Jewel I
Re: Reply
Disconnect.pdf
Good Aftemoon,
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.
Intermountain Gas disconnected my service without a disconnect notice in violation of the IPUC rules. Their
own notice makes it clear that an opportunity must be afforded to customers to contact their customer service
within 24 hours after receiving the disconnect notice 'to avoid disconnection of service' or to 'make payment
arrangements.' Presumably,a Notice of disconnect'is necessary because in many instances people need the
service for medical reasons and therefore an opportunity must be given to customer's to provide medical
documentation to avoid shut off.
Furthermore, Intermountain Gas caused damaged to my property while accessing the meter to lock it and yet
they have not contacted me to take responsibility for it. They are well aware from last year that I spent most of
my time being an 'in house' caregiver for my disabled mother at her place. I lock my fence and last year they
attempted to replace the meter but could not access it and left a notice on my door that they could not access it;
presumably because they did not want to risk jumping over the fence and breaking it.
They broke my fence ( I cannot fully open the door) and they also bend the pole undemeath the electricity meter
because I guess thev used it as support. Basically. I have no other option but to sue for damages; unless they
take responsibility and also reconnect my improperly disconnected service. I doubt they will as I believe
they've acted in malicious faith and I'm confident most juries would see that their unlawful conduct stems from
retaliation from the pending complaint/appeal.
Sincerely,
Raul Mendez
On Tue, Jun I I , 2019 at 1l :42 AM Raul Mendez <[e-mail]> wrote:
Attached you'll find the Motion for Reconsideration. Thanks.
On Wed, Apr 17,2019 at 4:27 PM Raul Mendez<raulmendez2002@,gmail.com> wrote:
Attached please find my reply to both Respondent and the Attorney for the Commission staff. I talked to
Jolene over the phone on Monday and she asked the Attorney if it was OK for me to file it via email. She told
me that it was fine.
ATTACHMENT 1
1
Edward Jewell
From:
Sent:
To:
Subject:
Dear Mr. Mendez,
Thank you for notifuing us that you would like to dismiss your appeal. I will file your email in the underlying case, INT-
G-I9-03. The Commissioners will discuss your notice of withdrawal at the next Decision Meeting on Tuesday, Augustl3,
2019.
Thank you,
Diane M. Hanian
Commission Secretary
[e-mail]. gov
208-334-0338
Idaho Public Utilities Commission
From: Raul Mendez Imailto:[e-mail]]
Sent: Thursday, August 8,2019 1:00 PM
To: Jo Nelson <[e-mail]>; Diane Holt <[e-mail]>; [e-mail];
Edward Jewell <Edward.Jewell@ puc. idaho.gov>
Subject: Re: Reply
Good Afternoon,
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.
Intermountain Gas disconnected my service without a disconnect notice in violation of the IPUC rules. Their
own notice makes it clear that an opportunity must be afforded to customers to contact their customer service
within 24 hours after receiving the disconnect notice 'to avoid disconnection of service' or to 'make payment
arrangements.' Presumably, a 'Notice of disconnect' is necessary because in many instances people need the
service for medical reasons and therefore an opportunity must be given to customer's to provide medical
documentation to avoid shut off.
Furthermore, Intermountain Gas caused damaged to my property while accessing the meter to lock it and yet
they have not contacted me to take responsibility for it. They are well aware from last year that I spent most of
my time being an 'in house' caregiver for my disabled mother at her place. I lock my fence and last year they
attempted to replace the meter but could not access it and left a notice on my door that they could not access it;
presumably because they did not want to risk jumping over the fence and breaking it.
They broke my fence ( I cannot fully open the door) and they also bend the pole underneath the electricity meter
because I guess they used it as support. Basically, I have no other option but to sue for damages; unless they
Diane Holt
Thursday, August 8,2019 4:30 PM
Raul Mendez; Jo Nelson; prestonca ner@givenspu rsley.com; Edward Jewell
RE: Reply
ATTACHMENT 2
PAGE 1
1
take responsibility and also reconnect my improperly disconnected service. I doubt they will as I believe
they've acted in malicious faith and I'm confident most juries would see that their unlawful conduct stems from
retal iation from the pending complaint/appeal.
Sincerely,
Raul Mendez
On Tue, Jun I I ,2019 at ll.42 AM RaulMendez <raulmendez2002@,gmail.com> wrote:
Attached you'll find the Motion for Reconsideration. Thanks.
On Wed, Apr 17,2019 at4,27 PM RaulMendez<raulmendez2002@.gmail.com> wrote:
Attached please find my reply to both Respondent and the Attorney for the Commission staff. I talked to
Jolene over the phone on Monday and she asked the Attorney if it was OK for me to file it via email. She told
me that it was fine.
2
ATTACHMENT 2
PAGE 2
Edward Jewell
lo:
Cc:
Sent:
Subject:
From:Raul Mendez < [e-mail]>
Friday, August 9,2019 2:04 PM
Diane Holt
Jo Nelson; [e-mail]; Edward Jewell
Re: Reply
OK. please also add the following to the file in this case:
I ) Intermountain Gas told me over the phone that after 10 days of non-service that I'm a NEW customer not a
new applicant for services. they have been alleging thru this entire proceedings that after 10 days of non-
service I'm a new applicant.
2) Intermountain Gas will charge 9l dollars deposit to my account. they are not requiring any application or
paperwork for the deposit to reconnect service.
3) they allege to have sent the disconnect notice on 71812019 to my home in 8067 W Galileo. However, I have a
permanent change of address filed with the USPS to have all my mail go to my mom's place at 2712N
Goldeneye Way. I was informed by the postal service the letter would have been forwarded to my mom's
place.
4) Intermountain Gas have notes on my account including emails between myself and their staff. That
information shows that they know from past communications that my fence has a lock in it. If they planned to
disconnect then why did they not call ahead of time to have the fence opened? instead they took the chance and
damaged property. Presumably so that they could later charge a deposit.
5) I've requested a copy of the 718/2019 disconnect notice, recorded phonecalls, and the company policy
regarding when their employee damages property. they indicated that they will not provide the information.
Thank you,
Raul
On Thu, Aug 8, 2019 at 4:29 PM Diane Holt <[e-mail]> wrote
Dear Mr. Mendez,
Thank you for notifying us that you would like to dismiss your appeal. I will file your email in the underlying case, INT-
G-19-03. The Commissioners will discuss your notice of withdrawal at the next Decision Meeting on Tuesday,
Augustl3,2019.
Thank you,
Diane M. Hanian
Commission Secretary
diane.hanian@puc. idaho. gov
ATTACHMENT 3
1