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AFTON ENERGY, INC. v. IDAHO POWER CO.

No. 14777.

693 P.2d 427 (1984)

107 Idaho 781

AFTON ENERGY, INC., Complainant, v. IDAHO POWER COMPANY, Respondent. IDAHO POWER COMPANY, Appellant, v. IDAHO PUBLIC UTILITIES COMMISSION and Afton Energy, Inc., Respondents.

Supreme Court of Idaho.

On Rehearing December 20, 1984.

Attorney(s) appearing for the Case

Larry D. Ripley, Barton L. Kline, III, and Bruce H. Tompkins, Boise, for respondent-appellant.

Owen H. Orndorff, Boise, for complainant-respondent Afton Energy.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., and John J. McMahon, Deputy Atty. Gen., (argued), Boise, for respondent Idaho Public Utilities Com'n.

Robert M. Turnbow and David G. Gadda (argued), Boise, for intervenor Independent Power Producers Council.

Wynne M. Blake, Lewiston, for amicus curiae American Paper Institute, Inc.

HUNTLEY, Justice.

The basic issue presented today is whether the Idaho Public Utilities Commission (Commission) has authority to order an electric utility to purchase power from a cogenerator or small power producer (CSPP) for a fixed term according to avoided cost rates previously approved by the Commission.

On July 19, 1982, Afton Energy, Inc. (Afton), filed a complaint with the Commission alleging that Idaho Power had intentionally and deliberately protracted...

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