Energy Theft Draws Fine
The Quebec Disciplinary Council found misconduct and imposed a fine for theft of electrical services
The parties reiterate that the joint recommendation is the result of serious discussions and negotiations during which they exchanged several proposals and considered several elements, in particular the duration of the offence and that of a possible trial involving several witnesses, including an expert.
Admissions
The Council reproduces the admissions presented by the parties:
1- On January 11, 2021, Mr. Maxime Cloutier, chief metering installer at Hydro-Québec, noticed a possible theft of energy at the residence of Me Martino, namely […];
2- He went there on January 26, 2021, removed the outdoor electricity meter and noticed that wires located in the background were diverting electricity from the meter, which indicated that there was a possibility of energy theft;
3- The red wire on the left and the black wire on the right are 2 conductive wires which are used to divert part of the electricity from the meter. […];
4- Current diversion results in some or all of the electricity not being measured by the meter;
5- On January 26, 2021, Mr. Noël Martin, an inspector at Hydro-Québec, went to Mr. Martino’s residence to carry out an inspection and confirmed the presence of electricity theft by current diversion;
6- He advises Me Martino’s wife that the diversion must be removed and that the power will be interrupted if Hydro-Québec does not receive a permit for this purpose from a master electrician;
7- The power supply to Me Martino’s residence was interrupted by Hydro-Québec on January 27, at 11:30 a.m.;
8- Shortly after, Mr. Martino called Hydro-Québec to complain that the power had been cut off and left a message in a voicemail;
9- On the same day, Mr. Martino asked Mr. Anthony Nolasco, master electrician, to do what was necessary to correct the situation;
10- Mr. Nolasco goes to the site and notes that there is a current diversion through a connection of non-compliant electrical wires, which allows electricity to be stolen;
11- This installation must be done by a master electrician because it is extremely dangerous to do this type of work;
12- He then removes the two current derivation wires in order to make everything compliant, as requested by HQ;
13- Following the wiring, he sees that the two wires connect the electrical input to the main electrical panel in the house and that a connection redirects the electrical current to a second panel located right next door;
14- The second panel is installed so that the reading of the electricity consumption is not included in the billing;
15- Once back home, he fills out the document (declaration of work/permit) which he faxes to Hydro-Québec on January 27, 2021 at 3:21 p.m.
16- He has no confidence from Mr. Martino on the subject;
17- The permit is received by Hydro-Québec around 4:43 p.m.;
18- Since there was no team in the area at that time, the power was not restored until January 28, at 9:30 a.m.;
19- Mr. Denys Lussier, engineer at Hydro-Québec, wrote a report signed on August 31, 2022 in which he concluded as follows:
“Analysis of this file allows us to affirm that there was theft of electricity at the residence located at […] at least from December 11, 2007 to January 27, 2021. During this period of theft, Ms. […] and Mr. Anthony Martino were the holders of the electricity account and it was estimated that 278,228 kWh were consumed there without being billed.”
20- Ms. Diane Paradis, employed at Hydro-Québec, analyzes data on electricity consumption at Mr. Martino’s residence;
21- To do this properly, it must wait more than 12 months to note the annual consumption of the residence;
22- The analysis of the data shows a decline in actual consumption which is gradual during the overall periods from 2006 to 2007 and that from 2008, the decline in consumption stabilizes, then continues until the time of the inspection on January 26, 2021;
23- Consequently, it establishes that the period of energy theft extends from December 11, 2007 to January 27, 2021, or 4,797 days, and that the unmeasured energy consumption is estimated at 278,228 kWh;
24- This represents a value of $26,948.84;
25- Mr. Denis de Cases, engineer, analyzed the file and concluded regarding the current diversion made at Mr. Martino’s home “… that the work carried out was done with the intention of partially circumventing Hydro-Québec’s metering by adding a secondary panel to which part of the building’s electrical load is connected. This secondary panel was connected upstream of the metering and, as a result, is not measured by Hydro-Québec’s metering equipment installed at the customer’s premises.”;
26- With his wife, Mr. Martino has owned the house since 1994 and is its first occupant;
27- It was in 2007 that the current diversion noted by Hydro Québec in 2021 was installed;
28- The installation having been carried out by an acquaintance of his wife, the respondent was not informed at the time of the work but he admits never having inquired about the nature of the work;
29- Regarding his knowledge of the existence of the electric current derivation, he admits that he should have asked his wife questions, which he deliberately omitted to do;
30- The respondent repaid all amounts owed and obtained a receipt from Hydro-Québec.
Mike Frisch)