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ROSEBUD ENTERPRISES, INC. v. IDAHO PUBLIC UTIL. COMMISSION

No. 23641.

951 P.2d 521 (1997)

131 Idaho 1

In the Matter of the Enforceability Of IPUC Order Nos. 25454, 25706 And 25787 Consistent With Idaho Supreme Court Opinion No. 61 Dated May 31, 1996. ROSEBUD ENTERPRISES, INC., Complainant-Appellant, v. IDAHO PUBLIC UTILITIES COMMISSION, Respondent on Appeal, and Idaho Power Company, Respondent-Respondent on Appeal.

Supreme Court of Idaho Boise, September 1997 Term.

Rehearing Denied January 15, 1998.

Attorney(s) appearing for the Case

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

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

Alan G. Lance, Attorney General; Scott D. Woodbury, Deputy Attorney General, Boise, for respondent IPUC. Scott D. Woodbury argued.

JOHNSON, Justice.

This public utilities case is a sequel to Rosebud Enterprises v. Idaho Pub. Util. Comm'n, 128 Idaho 624, 917 P.2d 781 (1996) (Rosebud I). We conclude that the Idaho Public Utilities Commission (IPUC) was correct in refusing to order Idaho Power Company (Idaho Power) to purchase electric capacity and energy from Rosebud Enterprises (Rosebud) at avoided cost rates that have been superseded.

I...

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