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ROSEBUD ENTERPRISES v. PUBLIC UTILITIES

No. 21754.

917 P.2d 781 (1996)

ROSEBUD ENTERPRISES, INCORPORATED, Complainant-Appellant, v. IDAHO PUBLIC UTILITIES COMMISSION, Idaho Power Company, and Pacificorp, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 1995 Term.

May 30, 1996.

Attorney(s) appearing for the Case

Orndorff & Trout, Boise, for appellant. Owen H. Orndorff argued.

Alan G. Lance, Attorney General, Scott D. Woodbury, Deputy Attorney General (argued), Boise, for Idaho Public Utilities Commission. Scott D. Woodbury argued.

Evans, Keane, Boise, for Idaho Power Co. Barton L. Kline argued.

Stoel, Rives, Boley, Jones and Grey, Portland, OR, for Pacificorp.

SCHROEDER, Justice.

This is an appeal by Rosebud Enterprises, Inc. (Rosebud) from Idaho Public Utilities Commission (IPUC) Orders 25454, 25706, and 25787. The orders of the IPUC establish an avoided cost rate to be paid by Idaho Power Company (Idaho Power) for the purchase of electric capacity and energy from Rosebud.

I.

BACKGROUND AND PRIOR PROCEEDINGS

A. Parties

Rosebud is the...

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