National Grid (LILCO d/b/a LIPA Manager) Dr. & Mrs. Carmine F. Vasile 460 Main St. 60 Herbert Circle Patchogue, NY 11772 November 1, 2008 Patchogue, NY 11772 17 th Billing Dispute Complaint Including Two (2) Supplemental (Account # 911-18-1290-4; Pending Appeal: LIPA Case No. 20070490) To LILCO Manager: The undersigned hereby encloses check #689 for $181.78 pursuant to our 10/08/08 Bill in Exhibit A; based on Table A below. Please Take Notice: As stated in our 15 th billing dispute letter, our 3 rd FOIL request to Andrew McCabe dated 8/12/08, clearly indicates we were erroneously assigned Rate Code 882 instead of 881 when LIPA revised LILCO s Tariff. In fact, LILCO s PSC-approved Rate 882-Water and Home Heating was reclassified by LIPA as Rate Code 880, 881 (Space and Water Heating) ; effective May 29, 1998. LIPA also reclassified LILCO s Rate 882-Water and Home Heating as Rate Code 580, 581, 882, 883 (Space Heating). Accordingly, please correct this error on future bills and refund all monies wrongly collected under Rate 882; with interest. NOTICES i 1. Please Pay the portion of this bill that is not being disputed. We have suspended collection for the part of the bill that you feel is incorrect. (Quote from Exhibit A, 1 after IMPORTANT MESSAGES ) 2. Assemblyman Alessi confirms that validity of our billing disputes and that Power Supply Charges are illegal rate hikes. (Quote from DiNapoli plans to audit LIPA, North Shore Sun, 4/18/08) 3. NYS Senators LaValle, Flanagan, Fuscillo, Hannon & Trunzo support Assemblyman Alessi s allegations. See Exhibits B- 1 & -1, Re: Bill S 3410, its purpose & justification. 4. Pursuant to Original Leaf No. 164 VI, 6 Service will not be terminated for nonpayment of disputed amounts while an appeal is pending unless the does not pay the undisputed part of any bill for service (As noted in previous billingdispute letters, three (3) appeals remain pending. 5. LILCO s tariff leafs effective March 12 th 1998 issued in compliance with NYPSC Order dated February 11, 1998 in Case No. 97-E-1951 does not have any rate code specified for Residential Water & Home Heating, therefore we may have been overcharged before and after LIPA became a LILCO subsidiary/dba. Demand For Compliance As previously stated, repeatedly, National Grid continues to be in violation of LIPA s illegal, ultra vires ( UV ) Tariff and its Management Services Agreement ( MSA ) by failing to answer previous billing dispute letters. Past Disputed Amounts In our 16 th billing dispute letter, we notified National Grid of a possible numerical error of 51-cents and requested them to: Please provide list of payments to verify. No reply to this request was received; either from LILCO d/b/a LIPA s Manager or LIPA Senior Supervisor Pamela Fitzgerald in her October 21 st 2008 response to our 16 th dispute letter. (Exhibit B) Therefore, Table A below assumes past disputed amounts of in excess of $8,334.96 are not disputed by the Manager; only Ms. Fitzgerald, and will have to be resolved by the appeal process she indicates, per Leaves 159-164. Table A Summary of Instant 17 th Billing Dispute (Bill Date 10/08/08) Disputed Charge Disputed Amount Running Total a. Rate 881 Amount: ($.0975-$.0586) = $.0388 x 400 kwh $15.56 $15.56 b. Illegal Power Supply Charges (485 kwh @ $103.420/MWh): $50.19 $65.75 c. Illegal Revenue-Based PILOTS: $1.91 $67.66 d. Ultra vires balanced billing increase of $287-$252 = $35 = 13.89% $35 $102.66 e. 2.5% Sales Tax on Disputed Amount Sub-Total of $102.66: $2.56 $105.22 f. g. h. Current LIPA Charge: $287.00 Current Disputed Amount: $105.22 Undisputed Amount: $181.78 Current Disputed Amount: $105.22 (See NOTE 1) NOTE 1: Over $8,000 in Fuel Surcharges + wasted fuel charges & illegal payments violative of Superfund Legislation as noted in our 2 nd Supplemental Billing Dispute dated May 31 st 2008. Yours truly, Dr. Carmine F. Vasile i NOTICE PURSUANT TO HEPFA TO NATIONAL GRID AS LILCO D/B/A LIPA S MANAGER Please respond in writing pursuant to the NYS Home Energy Fair Practices Act (HEPFA), and as mandated by the LIPA Act, and the Long Island Power Authority s Tariff.
November 17, 2008 James LaRocca, Esq., Chairman Dr. & Mrs. Carmine F. Vasile Kevin Law, Esq., President & CEO 60 Herbert Circle Long Island Power Authority Patchogue, NY 11772 333 Earle Ovington Blvd. Ste 403 631-758-6271 (Fax: 730-3918) Uniondale, NY 11553 By Mail & Fax: 516-222-9137 (V:7700) 8 th Appeal of Authority s Defective & Erroneous Decision Dated November 6, 2008 (Pursuant to Leaf Nos. 159 VI, 163 V & 164 VI and/or Ultra-Vires Revised-Leaf Nos. 163 VI.E; 164 VI.F) Dear Messer s LaRocca & Law: As requested in previous appeals, please punish the Authority s Manager and Senior Supervisor Pamela Fitzgerald for suborning and perpetrating more than one violation of Original Leaf No. 159 VIA1 of the Tariff for Electric Service of the Long Island Power Authority (the Authority ). Ms. Fitzgerald continues to falsely allege that National Grid and/or KeySpan submitted responses to 17 billing dispute letters. Point I. Ongoing & Repeated Violations of Leaf No. 159 VIA1 1. Exhibit I is a copy of Fitzgerald s November 6 th 2008 letter, which I marked rejected. 2. Since LIPA d/b/a LILCO s Manager has not responded, either orally or in writing, in violation of Leaf No. 159 VIA1, I am compelled to make this Appeal. 3. Please take judicial notice that after suborning the Manager s repeated violations of said Leaf #159, Fitzgerald again requested us to also violate it as well, e.g.: If you wish to make billing disputes in the future, please send your letters directly to my attention at 15 Park Drive, Melville, NY 11747 rather than to LIPA s Patchogue Customer Office to ensure that I can make a timely response. 4. This request is again rejected because Leaf No. 159 VIA1 expressly requires that: the Customer shall first make a complaint to the to the Authority s Manager. 5. Please take judicial notice that Fitzgerald has never identified herself as the Authority s Manager; National Grid, and continues to ignore LIPA s ultra-vires revision of LILCO s PSC-approved tariff so as to discriminate against my family and others wrongly assigned Rate 882; a clear violation of the NYS Constitution. 6. As indicated in Exhibit B of our 5 th Appeal, Andrew McCabe provided evidence we were erroneously assigned Rate Code 882; not 881 when LIPA revised LILCO s Tariff; contrary to Fitzgerald s erroneous 2. 7. In fact, LILCO s PSC-approved Rate 882-Water and Home Heating was reclassified by LIPA as Rate Code 880, 881 (Space and Water Heating) ; effective May 29, 1998. LIPA also reclassified LILCO s Rate 882-Water and Home Heating as Rate Code 580, 581, 882, 883 (Space Heating). 8. Accordingly, please direct National Grid to correct this error on future bills and order them to refund all monies wrongly collected under Rate 882, with interest. 9. As noted previously, LIPA s lawyers moved to dismiss my 2 nd Small Claims Court Action on the grounds that I failed to file a billing dispute before suing LIPA --- as did lawyers for all four (4) class-actions. 10. Malpractice and misconduct by these class action attorneys is evident by their failures to file billing disputes prior to commencing class actions and failure to file claims against LILCO d/b/a LIPA/KeySpan. 11. Misconduct by LIPA s and KeySpan s attorneys caused all class members to be denied due process by Justice Bucaria failing to dismiss each class action for want of primary jurisdiction; as did Justices Seidell & Kitson, in Scalise v. Long Island Power Authority (Suffolk County Supreme Court Index No. 0120818), Bruno v. Long Island Power Authority (LIPA), (Suffolk County Supreme Court Index No. 01-14820). 12. Finally, as noted previously, the court cases and decisions cited by Fitzgerald are off-point because NO Court found the filed-rate doctrine bars billing disputes. NO Court obeyed CPLR 1012(b), which required them to refer my motion to declare the LIPA Act unconstitutional to the Attorney General. (Exhibit III) 13. As the highest legal authority in the LIPA Oligarchy, the Chairman is also mandated to refer the following constitutional question to Attorney General Cuomo, pursuant to CPLR 1012(b): Do LIPA s ultra-vires PILOTs & discriminatory surcharge violate self-executing rights protected by the State Constitution? Have you? Yours truly, Dr. Carmine F. Vasile