GPU Energy
PO Box 15152
Reading, PA 19612-5152
July 3, 1998
Sirs,
I have recently (within the last week) moved into Pennsylvania at the address above.
Prior to moving, I contacted your company to have electrical service started in my
name. As part of the initial screening, your customer service representative asked
me for a Social Security Number. I asked if I was required to give a number, or if
it might be possible for me to avoid giving a number. I was told that your company
did require a number. At that point I informed your representative that I had no
Social Security Number to give, and that there must be some way that service could
be put in my name without me giving a number. I told her I could present my driver’s
license and birth certificate.
At that point a different representative came to the phone. She later identified
herself as "Cheryl". Cheryl proceeded to inform me that I was mistaken, that
everyone in the United States has a Social Security Number. She quizzed me as to
whether I was ever claimed as a dependent on a tax return & if I had filed tax
returns without an SSN. She told me that newborn babies were automatically
assigned SSNs at birth. I insisted that the laws of the United States did not
mandate that all people have SSNs, and that babies were only assigned SSNs if the
parents completed the request for one, which, unfortunately they almost always do
with all the paperwork that is completed at that time. She asked me to read that
law to her, which I did. (see enclosure).
Finally Cheryl told me that I had to show up in person at your York office to show
identification. I had no problem with this, but was told I would need to show my
driver’s license, birth certificate, and a w-2. This despite the fact that I told
her that I worked for myself.
On Thursday, June 25, I did show up and presented both a birth certificate and my
Maryland driver's license. Your personnel copied both items, and without further
incident, was told that everything was fine.
The other day, after moving in to my new home, I discovered a letter from you,
mailed prior to June 25th, informing me that I needed to:
"Provide identification (one picture or two alternatives) at the local office or ...."
Apparently, contrary to what "Cheryl" told me, the driver’s license alone was
sufficient identification to satisfy GPU Energy.
I am an individual that values his privacy. Now that I see that your
representative "Cheryl" misled me as to what your company requires, as well as
the apparent ignorance your representative possessed regarding who must have an
SSN, I insist on the following:
1. Your company destroy all copies of my birth certificate that you have made.
2. You acknowledge to me in writing that you have complied with such destruction.
3. You establish a company policy that adheres to the Privacy Act of 1974 in regards
to Social Security Numbers.
4. You educate your customer service staff as to the enclosed legal references.
Please find section 7 of the Privacy Act of 1974 on the third page of the enclosure
Yeager v. Hackensack Water Co. While this portion of the Act only states that it
pertains to government agencies, the judge in this case states "In certain
situations, where there is a close nexus between the state and an action by a
regulated entity, the action of the latter may be fairly treated as that of the
state itself." I suggest you review your company policy to be sure that your
customer service representatives are in compliance with federal law.
I have also enclosed Section 405 subsection (c) of Title 42 of the United States
Code, which is a portion of the Social Security Act showing to whom the government
is authorized to issue SSNs.
Of all the utility service companies - GTE, Columbia Gas, and city water & sewage,
only your company gave me any difficulty at all. All the others had policies that
adhered to the Privacy Act of 1974[*], all others had customer service
personnel that were polite and unintrusive, and none of the others made photocopies of
my identifying documents. If your company wishes to become involved with the issue
of who must have SSNs instead of providing electrical service, I will be happy to
remain in contact with you concerning this matter.
If I had a choice as to who would supply my home with electricity, you can be rest
assured I would not have been on the phone with "Cheryl" very long. Moving into
Pennsylvania, home of the non-enumerated Amish people, I would have expected better
of your personnel. I know many people across the country that are in a similar
situation as myself, and I will keep them informed as to what actions and what
response, if any, I receive from you.
Thank you for your attention, and I look forward to your prompt response.
Sincerely,
[signed]
Cornelius J. McIver
encl: Title 42 USC 405(c)
encl: Yeager v. Hackensack Water Co., 615 F. Supp. 1087
[*] Actually I believe now the other utility companies were
also not in compliance with the Privacy Act of 1974. While they did not deny me
service for not giving a number, they still requested one without citing any
federal statutory authority, which is a violation of the Act
when committed by a government regulated & monopolized utility company, at least
according to the judge in Yeager v. Hackensack Water Co. It seems one need not
look far for violations of federal law.
