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IDAHO STATE HOMEBUILDERS v. WASHINGTON WATER

No. 13622.

690 P.2d 350 (1984)

107 Idaho 415

IDAHO STATE HOMEBUILDERS, Appellant, v. WASHINGTON WATER POWER, and Idaho Public Utilities Commission, Respondents.

Supreme Court of Idaho.

October 31, 1984.

Attorney(s) appearing for the Case

Richard H. Greener, Fredric V. Shoemaker, of Clemons, Cosho & Humphrey, Boise, for appellant.

Charles W. Hosack of Smith, Hosack & Potter, Coeur d'Alene, for respondent Washington Water Power Co.

David Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., and Michael S. Gilmore, Deputy Atty. Gen., Boise, for respondent Idaho Public Utilities Com'n.

Tom Ambrose and Morgan W. Richards, Jr., of Moffatt, Thomas, Barrett & Blanton, Chartered, Boise, for amicus curiae Intermountain Gas Co.

Racine, Huntley, Olson, Nye & Cooper, Pocatello, for amicus curiae Idaho Irr. Pumpers Ass'n, Inc.

Robert M. Tyler, Jr., of Elam, Burke, Evans, Boyd & Koontz, Boise, for amicus curiae Idaho Power.

Michael F. Peacock of Brown, Peacock, Keene & Boyd, Kellogg, for Bunker Hill.

SHEPARD, Justice.

This is an appeal from an order of the Public Utilities Commission requiring the imposition of a non-recurring charge of $50 per kilowatt on the installation of or conversion to electric space heating after March 1, 1980. The charge was only imposed upon those customers who had the option of choosing natural gas for space heating purposes. There are no material facts in dispute and the sole issue is whether the Commission's imposition of said contribution...

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