20230208CounselResponse.pdf

Paul B. Rippel, Esq. ISBN 2762
Austin O. Allen, Esq. ISBN 10076
HOPKINS RODEN CROCKETT
HANSEN & HOOPES, PLLC
428 Park Avenue
Idaho Falls, ID 83402
Telephone: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Applicant Donald Sorrells
IDAHO PUBLIC UTILITIES COMMISSION
Applicant,
vs.
SUNNYSIDE PARK UTILITIES, INC., an
Idaho Corporation,
Case No. GNR-U-22-03
DECLARATION OF COUNSEL IN RESPONSE
TO PETITION FOR REVIEW OF
INTERLOCUTORY ORDER AND PETITION
FOR STAY AND PETITION TO DESIGNATE
ORDER AS FINAL
PAUL B. RIPPEL declares as follows:
1.I am legal counsel for the Applicant in the above-captioned action. The
information contained in the Declaration is formed from my personal knowledge.
2. I am over the age of eighteen (18) years of age and competent to testify
to all matters stated in this Declaration. I am not under any testimonial disability.
3. Attached hereto as Exhibit A is a letter from Sunnyside Park Utilities,
Inc.’s counsel, sent to and received by Sorrell’s previous counsel, dated October 29,
DECLARATION OF COUNSEL IN RESPONSE TO PETITION FOR REVIEW OF
INTERLOCUTORY ORDER AND PETITION FOR STAY AND PETITION TO DESIGNATE
ORDER AS FINAL — 1
RECEIVED
2023 February 8, 4:54PM
IDAHO PUBLIC
UTILITIES COMMISSION
DECLARATION OF COUNSEL IN RESPONSE TO PETITION FOR REVIEW OF
INTERLOCUTORY ORDER AND PETITION FOR STAY AND PETITION TO DESIGNATE
ORDER AS FINAL — 2
2021, wherein on page 2 of the letter, SPU’s counsel expressly states they are a water
corporation that is governed by the Idaho Public Utilities Commission.
Pursuant to Idaho Code § 9-1406, CERTIFICATION OR DECLARATION UNDER
PENALTY OF PERJURY. I certify (or declare) under penalty of perjury pursuant to the law
of the State of Idaho that the foregoing is true and correct.
DATED this 8th day of February 2023.
_______________________________
PAUL B. RIPPEL
FULLER & BECK LAW OFFICES, PLLC.
Mark R. Fuller
Daniel R. Beck
Paul L. Fuller
Amanda G Hebesha
Wanger Jones Helsley PC
265 E. River Park Circle, Suite 310
Fresno, CA 93720
ATTORNEYS AT LAW
410 Memorial Drive, Suite 201
P.O. Box 50935
Idaho Falls, Idaho 83405-0935
RE: Our Client: Sunnyside Park Utilities, Inc.
Your client: Don Sorrells
Notice of Intention to Terminate
Dear Ms. Hebesha,
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
October 29, 2021
I am in receipt of you letter dated October 27, 2021. Your office has provided us with evidence that the toilet
has been repaired, and current discharge from the Sorrell building indicates that at least for now the repair
has been successful. Historic water usage on the Sorrells property has been 103 gallons per day for August
and September. I instructed my client to return to the location to turn the water on as you requested, and he
found that his lock had been cut off by Mr. Sorrells or his agent, the water had been turned back on at the
meter and at the curbstop, and that a new lock had been installed on the meter preventing access by my
client. (See attached photograph) My client's action was in direct obedience to your request: "Please direct
your client to immediately resume service to the subject property,"and did not constitute a trespass by
reason of your express direction. However, your earlier paragraph indicates a continue assertion that the
water meter is located on your client's property.
This letter is to provide Notice of Intention to Terminate the water service to the Sorrells' property unless my
client is given access to the utilities water meter within the next 7 days. Meter readings October 1 through
25 show total flow of 10,600 gallons, or 442 gpd. This exceeds Aug/Sept usage of 103 gpd by 339 gpd or
7513 gallon excess. Sunnyside's representative witnessed water running at night at the rate of 2880 gallons
per day on October 24. On multiple occasions Mr. Sorrells has shown he is unable to monitor his excess
sewage discharge. These flows are unacceptable and detrimental to Sunnyside's system. As this is a
continual and habitual problem, we have determined that Mr. Sorrells is willfully wasting and interfering with
our service to his property and other customers through improper equipment and/or maintenance.
Additionally, Mr. Sorrells has denied and willfully prevented our access to our meter.
The Third Party Beneficiary Utility Agreement, recorded August 7, 2007 as Instrument Number 1272911 ,
Section 4(a) states as follows:
The company reserves and has the right to establish and collect as a charge or charges for water
furnished and consumed by the owners or occupants of each of the buildings, and other
EXHIBIT A
Page2
improvements at the rates as prescribed and permitted herein. The company shall have the right to
install on the premises of each of the individual buildings, and other improvements a water meter to
be maintained by the company through which all water supplied to the consumer shall pass and to
which the company shall have access at reasonable times for the purpose of taking meter readings
and keeping said meters in repair. The company may charge the cost to the customer of any
materials used, equipment rented or the equivalent rate for the companies equipment used and
labor expenses incurred in making any connections or in making any repair which is the
responsibility of an owner.
This Third Party Beneficiary Utility Agreement was recorded many years before your client came to own the
property and he was placed a notice of such terms at the time he purchased the property. Sunnyside Park
Utilities is a water corporation as defined by Idaho Code Section 61-125 and is therefore governed by
applicable regulations issued by the Idaho Department of Public Utilities. All water corporations are defined
as public utilities pursuant to Idaho Code Section 61-129.
In July, 2021 the Idaho Public Utilities Commission issued administrative regulations set forth in IDAPA
31.21.01 regarding customer relations rules for water public utilities. Rule 302.01 (e) allows for termination of
service when "the customer or applicant denied or willfully prevented the utility's access to the meter." This
provision is expressly applied to industrial and commercial customers pursuant to IDAPA 31.21 .01 .602.01.
The purpose of this letter is to place Don Sorrells on notice that Sunnyside Park Utilities intends to terminate
his service within seven calendar days unless the lock which he placed on the meter is removed and
Sunnyside Park Utilities is allowed access to its meter, regardless of the meter's location, at all reasonable
times for the purpose of taking meter readings and keeping said meter in repair. The meter is the property of
Sunnyside Park Utilities and it insists on access to all meters within the industrial park, regardless of
location. The following items are required to continue service:
1. Remove your padlock and agree to allow unrestricted access.
2. Agree to never manipulate and/or control our valves or meter without permission.
3. Pay all our costs associated with this incident.
4. Provide an acceptable written plan to manage and control your flows into our system to prevent any
future overflows.
If such action is not taken within the seven calendar days provided, and your threat of trespass withdrawn,
Sunnyside Park Utilities will take action to terminate the service or will apply to an appropriate court for an
Page3
order authorizing termination of service. Please confirm your receipt of this Notice and respond indicating
the steps taken by Mr. Sorrells to remove the lock and allow my clients unrestricted access to their water
meter within the time period set forth in the regulation.
Very truly yours,
~f(~
Mark R. Fuller
Attorney at Law
Enclosure
CC: Client
10/29/21, 12:10 PM Mail -courtney beck -Outlook
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