20220329Summons to Sunnyside Park Utilities.pdf

ldaho Public Utilities Commission
P.O. Box 83720, Boise, lD 83720.0074
March 29,2022
Via Certified Mail
Sunnyside Park Utilities, Incorporated
Mark R. Fuller
Paul L. Fuller
Fuller & Beck Law Offices, PLLC
410 Memorial Drive, Suite 201
P.O. Box 50935
Idaho Falls, Idaho 83405-0935
[e-mail]
Re: Case No. GNR-U-22-03
Dear Mr. Fuller,
Enclosed, please find a Summons and Formal Complaint [which includes the Formal Complaint of
Donald Sorrells ["the Complainant")) issued against Sunnyside Park Utilities in the above-
mentioned case number. As directed in the Summons, you are to file a written answer or motion in
defense of said Complaint with this Commission within 27 days of the service date of the Summons.
The Company should respond to Mr. Sorrells' Formal Complaint and all claims made therein.
Additionally, please provide any necessary information and documentation to the Commission.
Further, the Company should specifically address the points of inquiry as set forth in the Summons.
Sincerely,
Jan No
Commission Secretary
Enclosure(s)
l:\Legal\ M U LTI-UTl LITY\G N R-U-22-03 (Sorel lsJ\Summons Cover Letter-tb.docr
11331 W. Chinden Blvd. Ste 201-4 Boise ID 83714
Telephone: [phone] Facsimile: 12081 334-3762
Eric Anderson, Commissioner
John Chatburn, Commissioner
John R. Hammond, ]r., Commissioner
BEFoRE rHE rDAHo puBl,rc urrlrrrns coMnaifBioNrD
' ..i ili.i; i= Pt{ tr: 36
DONALD SORRELLS,-! ' , r. i._i
' , '1., :.; '- 1 lJ-tili,i;,ii$sloN
COMPLAINANT,SUMMONS
cAsE NO. GNR-A-22-03
SUNNYSIDE PARK UTILITIES, INC.,
RESPONDENT
Mark R. Fuller
Paul L. Fuller
Fuller & Beck Law Offices, PLLC
410 Memorial Drive, Suite 201
P.O. Box 50935
Idaho Falls, Idaho 83405-0935
tullerandbeck(@ grnai l.corn
THE STATE OF IDAHO SENDS GREETINGS TO THE ABOVE-NAMED RESPONDENT.
YOU ARE HEREBY NOTIFIED that a Complaint has been filed with the Idaho
Public Utilities Commission by the above-named Complainant; and
YOU ARE HEREBY DIRECTED to file a written answer or written motion in
defense of the Complaint within twenty-one (21) days of the service date of this Summons; the
answer or motion in defense should also respond to the following areas of inquiry in addition to
the allegations raised by the Complaint:
1. An explanation, to include documentation, explaining the Parties' belief that the
Idaho Public Utilities Commission ("Commission") has jurisdiction over this dispute.
Please include the Court Order directing the Parties to file this dispute with the
Commission.
2. A copy of Mr. Sorrells' contract with Sunnyside Park Utilities
3. An explanation, to include any documentation, of why Sunnyside Park Utilities
desires to terminate water service to Mr. Sorrells.
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1SUMMONS
4. An explanation, to include any documentation, of how Mr. Sorrells is currently
wasting water provided through improper equipment.
5. An explanation, to include any documentation, of why Sunnyside Park Utilities failed
to apply for a Certificate of Convenience and Public Necessity with the Commission
to deliver water to its current customers.
YOU ARE FURTHER NOTIFIED that unless you do so within the time herein
specified, the Idaho Public Utilities Commission may take such action against you as is prayed
for in the Complaint or as it deems appropriate under Title 6l of the ldaho Code.
YOU ARE FURTHER NOTIFIED that the Complainant and the Commission Staff
shall have 21 days from the frling of Respondent's Answer to file any reply comments.
YOU ARE FURTHER NOTIFIED that all persons and parties shall comply with
the Commission Rules of Procedure, IDAPA 31.01.01.000 et seq, and specifically Rules 41
through 43, IDAPA 31.01.01 .041-.043.
@WITNESS my hand and the seal of the Idaho Public Utilities Commission this
day of March2022.
-Cl^JaMriyukt-,
Commission Secretary
(sEAL)
2SUMMONS
ldaho Public Utilitias Commission
Olfice ol the SecretaryRECEIVED
MAR 0I2422
Boise, ldaho
PaulB. Rippel, Esq. ISBN 2762
Austin O. Allen, Esq. ISBN 10076
HOPKINS RODEN CROCKETT
HANSEN & HOOPES, PLLC
428 Park Avenue
ldaho Falls, lD 83402
Telephone: [phone]
Email: [e-mail]
a usti nal len@hooki nsroden.com
Attorneys for Applicant Donald Sorrells
IDAHO PUBLIC UTILITIES COMMISSION
DONALD SORRELLS, an individual,
Case No
Applicant,
FORMAL COMPLAINT
VS.
SUNNYSIDE PARK UTILITIES, lNC., an
ldaho Corporation,
ent.
Applicant, Donald Sorrells, by and through his counsel of record, Paul B. Rippel,
Esq., and Austin O. Allen, Esq., of the law firm HOPKINS RODEN CROCKETT HANSEN &
HOOPES, PLLC, of ldaho Falls, ldaho, and for this Formal Complaint hereby states and
alleges as follows:
1- Applicant, Donald Sorrells, is the owner of Lot 4, Block 4, Sunnyside
lndustrial & Professional Park, located in Bonneville County, ldaho (hereinafter "the
Property").
FORMAL COMPI.AINT _ 1
2. Respondent, Sunnyside Park Utilities, lnc. (hereinafter "SPU"), is an
ldaho corporation organized and existing under the laws of the state of ldaho with its
principal place of business in the County of Bonneville, state of ldaho. SPU provides
water and sewer service to lots in Sunnyside lndustrial and Professional Park,
including the Property.
3. SPU is a water corporation that provides public utilities to the Property
as defined under l.C. SS 67-125 and -L29.
JURISDICTION AND VENUE
4. The ldaho Public Utilities Commission (hereinafter "the IPUC") has
jurisdiction over this matter pursuant to l.C. S 61-129 as it concerns rules and
regulations SPU holds itself out to be controlled by.
5. The IPUC has jurisdiction over this matter pursuant to ldaho Admin.
Code r. 31.21.01..009 as it seeks an order interpreting IPUC rules and regulations as
well as seeks to resolve a formal complaint filed pursuant to ldaho Admin. Code r.
37.2L.Ot.441.
GENERALALLEGATIONS
6. Applicant realleges paragraphs l through 5 as though fully incorporated
herein.
7 . On or about March 3,2422, Mr. Sorrells received a letter from SPU's
counsel notifying Mr. Sorrells of SPU's intent to terminate water service on March 10,
2022, for allegedly violating ldaho Admin. Code r. 31.21.01.300 et seg. A true and
correct copy of the March 3,2022,letter is attached hereto as Exhibit A.
FORMAL COMPLAINT _ 2
8. ln the March 3,2022,letter, SPU alleged that Mr. Sorrells engaged in
conduct in violation of ldaho Admin. Code r. 37.2L.OL.300 et seq. as follows:
a. "IDAPA 3L.27.01.302.01(d) - At the time of initial connection,
Sunnyside Park Utilities, lnc. ("SPU") was informed that service to the
property would only include connections for two restrooms. lt has
since been determined that this information was materially false, in
that additional connections were made, including connections for
washer/dryer, connection for RV use, and additional water hydrants
located throughout the property."
b. "As IDAPA 31.21.01.302.01(e) - The customer has denied or
willfully prevented access to SPU's water meter by placing a lock on
the meter and by providing written communication that anyone
entering the property would be removed by force."
c. "IDAPA 37.27.O7.302.01(f) - SPU has determined that the customer
has been and is currently willfully wasting water provided through
improper equipment. The customer has continually utilized a
defective toilet, and water flows indicate that there is a leak in the
customer's system, which customer refuses or has otherwise failed
to remedY."
9. The March 3,2022,letter indicated that any attempt to turn water back
on by Mr. Sorrells or his tenants or agents after March LO,2022, without prior
authorization from SPU would be treated as "theft of services and will be reported to
FORMAL COMPLAINT _ 3
local authorities." Ex. A, p. 1.
10. The March 3,2022,letter indicated that Mr. Sorrells could avoid
termination of water services by performingthe following:
a. "Removing all unauthorized plumbing and providing proof
satisfactory to SPU that the only water lines are located in the two
restrooms as originally authorized by SPU."
b. "Removing the lock on the water meter and providing adequate
written assurance that customer and his tenants and agents will no
longer interfere with water meter."
c. "Providing written verification from an SPU approved plumber that all
leaks have been repaired and that the water system is functioning
consistent with all applicable statutes, codes and regulations."
d. "Establishing monitoring protocols, approved by SPU, which will
provide assurance that future violations will not occur or will be
discovered and repaired promptly. This must include, but not limited
to, providing daily monitoring by Mr. Sorrells (or a designated
agent(s))and reporting to SPU daily, These monitoring protocols will
be utilized until such time as SPU believes there is no longer a need
for monitoring."
e. "Payment of all the fees and costs incurred by SPU in addressing Mr.
Sorrells'violations. An amount will be calculated and provided upon
request. SPU is willing to make payment arrangements." Ex. A, pp. 1-
FORMAL COMPLAINT _ 4
2 (emphasis in original)
COMP1AINT TO COMMISSION
|DAPA 3L.21'O1".401,
1,7. Applicant realleges paragraphs l through 10 as though fully
incorporated herein.
L2. Respondent SPU should be prohibited from terminating water services
pursuant to ldaho Admin. Code r. 37.27.01.300 et seq., as SPU's proffered reasons
and resolutions have no basis in law or fact.
13. With regard to SPU's allegation that Mr, Sorrells is in violation of ldaho
Admin. Code r. 37.2!.01.302,01(d), Mr. Sorrells has not provided any information that
was materially false or materially misrepresents Mr. Sorrell's "true status". SPU has
not identified any information provided by Mr. Sorrells, only that it was informed by an
unidentified person/entity. Mr. Sorrells has made no materially false statements or
representations to SPU.
74. With regard to SPU's allegation that Mr. Sorrells is in violation of ldaho
Admin. Code r. 3t.27.O7.302.O1(e), the water meter in question is not the property of
SPU, and Mr, Sorrells has not restricted SPU's access to the water meter for the
purpose of obtaining readings. Mr. Sorrells purchased the water meter in question.
15. With regard to SPU's allegation that Mr. Sorrells is in violation of ldaho
Admin. Code r. 3L.21,.O7.302.01(f), Mr. Sorrells has not willfully wasted water.
16. Further, Mr. Sorrells has repeatedly fixed or caused to be fixed any
toilets found to be in a defective condition.
t7 . SPU threatens to terminate water services without basis.
FORMAL COMPLAINT - 5
!8. ln addition to threatening termination of water service without basis,
SPU's proposed resolution to avoid termination of services includes remedies and
actions not permitted under ldaho Admin. Code r.37.27.Ot 30O et seg.
19. With regard to the request that Mr. Sorrells "Remov[e] all unauthorized
plumbing and provid[e] proof satisfactory to SPU that the only water lines are located
in two restrooms as originally authorized by SPU", Mr. Sorrells did not provide any
materially false information or make any material misrepresentation to SPU pertaining
to his "status" with respect to alleged authorized number of restrooms. This request is
without basis in fact.
20. With regard to the request that Mr. Sorrells "Remov[e] the lock on the
water meter and provid[e] adequate written assurance that customer and his tenants
and agents will no longer interfere with water meter", the water meter in question is
the property of Mr. Sorrells, and he does not have a duty prescribed by rule, regulation,
or statute that he leave his water meter unlocked.
27. With regard to the request that Mr. Sorrells "Provid[e] written verification
from an SPU approved plumber that all leaks have been repaired and that the water
system is functioning consistent with all applicable statutes, codes and regulations",
Mr. Sorrells has already provided notice regarding repairs on alleged leaks, and the
request from SPU appears designed to merely harass Mr. Sorrells.
22. With regard to the request that Mr. Sorrells "Establish[ ] monitoring
protocols, approved by SPU" which "must include . . . providing daily monitoring by Mr.
Sorrells", such a request is unduly burdensome, cumbersome, and appears designed
FORMAL COMPLAINT - 6
merely to harass Mr. Sorrells.
23. With regard to the request that Mr. Sorrells "Pay[ ] of all the fees and
costs incurred by SPU in addressing Mr. Sorrells'violations," such a request is without
foundation or authority under ldaho Admin. Code r. 31.21.01.300 et seg.
PRAYER FOR RELIEF
WHEREFOR Applicant prays for relief as follows:
7, A determination that Respondent SPU is a regulated utility under the
regulatory authority of the IPUC pursuant to ldaho Code Title 61 and ldaho Admin.
Code r. 37.27.07. et seg;
2. A determination that Applicant has not provided information that is
materially false or materially misrepresents Applicant's status;
3. An interpretation of the term "access" under ldaho Admin. Code r.
37.27.O1.302.01(e);
4. A determination that Applicant has not denied or willfully prevented
SPU's access to the subject water meter;
5. An interpretation of the phrase "willfully wasting or interfering with
service" under ldaho Admin. Code r.37.21.4!.302.01(f);
6. A determination that Applicant has not willfully wasted or interfered with
water service;
7. Alternatively, a determination that any alleged violations of ldaho Admin.
Code r. 3],.21.A7302 have been cured or satisfied;
8. A determination that Respondent SPU lacks sufficient grounds to
FORMAL COMPLAINT- 7
terminate Applicant's water services and therefore is not authorized to terminate water
services to the subjoct real property; and
9. Any other determinations and/or interpretations that are deemed proper
and appropriate.
DATED this gttt day of March, 2022,
HOPKINS RODEN CROCKETT
HANSEN & HOOPES, PLLC
By /s/ Austin O-
Austin O. Allen, Esq.
Attorneys for Donald Sonells
FORMAL COMPIAINT- 8
FULLER & BECK LAW OFFICES, PLLC.
ATTORNEYS AT LAW
410 Memorial Drive, Suite 201
P.O. Box 50935
ldaho Falls, ldaho 83405-0935
Telephone: [phone]
Facslmile: QAq 521-7 1 67
Email: [e-mail]
Ma* R. Fuller
Paul L. Fuller
Daniel R. Beck - Of Counsel
NOTICE OF INTENT TO TERMINATE SERVICE
Via E-mail
PaulB, Rippel
Austin O. Allen
HOPKINS RODEN CROCKETT
HANSEN & HOOPES, PLLC
428 Park Ave.
ldaho Falls, lD 83402
[e-mail]
austinallen(Ahopkinsroden. com
March3,2022
Donald Sorrells
3341 N. Emperor
Fresno, CA 93737
3887 S. American Way, Unit'A'
ldaho Falls, lD 83402
RE Our Client: Sunnyside Park Utilities, lnc.
Your Client: Don Sorrells
Dear Counsel,
Pursuant to the Memorandum Decision on Respondent's Motion to Dismiss, entered March 2,2022, the
Court determined that jurisdiction regarding your client's violations of IDAPA 31.21.01.602.01 must be first
addressed by the ldaho Public Utility Commission ('lPUC"), however the Court has jurisdiction regarding
your client's violation of Sunnyside Park Utilities' Rules and Regulations for Sewer Service. Based on this
decision, Sunnyside Park Utilities, lnc. hereby provides notice of intent to terminate water service pursuant
to IDAPA 3'1.21.01.300, et. seq.
Service will be terminated based upon Mr. Sorrells'violations of the following provisions.
'1. IDAPA 31.21.01.302.01(d) - At the time of initialconnection, Sunnyside Park Utilities, lnc. ("SPU")
was informed that service to the property would only include connections for two restrooms. lt has
since been determined that this information was materially false, in that additional connections were
made, including connections for washerldryer, conneclion for RV use, and additional water hydrants
located throughout the property.2. IDAPA 31.21.01.302.01(e) - The customer has denied or willfully prevented access to SPU's water
meter by placing a lock on the meter and by providing written communication that anyone entering
the property would be removed by force.3. IDAPA 31.21.01.302.01(0 - SPU has determined that the customer has been and is currently
willfully wasting water provided through improper equipment. The customer has continually utilized
a defective toilet, and water flows indicate that there is a leak in the customer's system, which
customer refuses or has otherwise failed to remedy.4. IDAPA 31.21.01,303.03 or 602.03 - Water services provided by SPU have been diverted and used
by Mr. Sorrells without SPU authorization by adding additional water lines to buildings located on
the property.
Service will be terminated on or after March 10, 2022. Al time of termination, SPU will take a water meter
reading in order to calculate final payment amount and will turn off the water supply at the curb stop. Any
attempt by Mr. Sorrells or his tenants or agents to restart the water without prior authorization from SPU will
be treated as a thefl of services and will be reported to local authorities. SPU will take additional steps to
ensure that future theft of water will not occur.
Pursuant to IDPA 31.21.01.305.01(b), Mr. Sorrells may avoid termination by doing the following:
L\HIBIT A
Page2
1. Removing all unauthorized plumbing and providing proof satisfactory to SPU that the only water
lines are located in the two restrooms as originally authorized by SPU.2. Removing the lock on the water meter and providing adequate written assurance that customer and
his tenants and agents will no longer interfere with water meter.3. Providing written verification from an SPU approved plumber that all leaks have been repaired and
that the water system is functioning consistent with all applicable statutes, codes and regulations.4. Establishing monitoring protocols, approved by SPU, which will provide assurance that future
violations will not occur or will be discovered and repaired promptly. This must include, but not
limited to, providing daily monitoring by Mr. Sorrells (or a designated agent(s)) and reporting to SPU
daily. These monitoring protocols will be utilized until such time as SPU believes there is no longer
a need for monitoring.5. Payment of all the fees and costs incurred by SPU in addressing Mr. Sorrells'violations. An amount
will be calculated and provided upon request. SPU is willing to make payment arrangements.
Pursuant to IDAPA 31.21.01.305.01(d), an informal or formal complaint concerning termination may be filed
with SPU or the ldaho Public Utility Commission, and service will not be terminated on the ground relating to
this dispute between the customer and the utility before resolution of the complaint. SPU can be reached
through our office, and the IPUC may be reached at the following address/phone number:
P.O. Box 83720
Boise, lD 83720-0074
1 1331 W. Chinden Blvd. Building 8, Suite 201-A
Boise, 1D 83714
Phone: [phone]
ln the event Mr. Sorrells' files a complaint directly with the Commission, it is requested that a copy of such
complaint be provided to our office to prevent termination pending resolution of the complaint.
For purposes of termination, partial payrnents will be applied toward utility service charges first, unless Mr
Sorrells request otherwise. Charges for non-utility services cannot be used as a basis for termination.
Given that Mr. Sorrell's violations do not involve a residential customer the notice requirements of IDAPA
31.21.01.305(c) is not applicable.
ln order to comply with the requirements of IDAPA 31,21.01.304.01, this notice will also be mailed directly to
Mr. Sorrells as customer of Sunnyside Park Utilities, lnc.
SPU intends to continue to pursue its claims as allowed by the District Court's decision.
Very truly yours,
lsl Paul L- Fuller
PaulL. Fuller
Attorney for Sunnyside Pak Utilities, lnc.
Cc: IPUC