IDAHO POWER CO. v. COGENERATION, INC.

No. 24865.

9 P.3d 1204 (2000)

134 Idaho 738

IDAHO POWER COMPANY, an Idaho corporation, Plaintiff-Counterdefendant-Respondent-Cross Appellant. v. COGENERATION, INC., an Idaho corporation, Defendant-Counterclaimant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, January 2000 Term.

Rehearing Denied September 26, 2000.


Attorney(s) appearing for the Case

Manweiler, Wilcox, Trout & Manweiler, Boise for appellant. Kim J. Trout argued.

Evans, Keane LLP, Boise for respondent. Bruce C. Jones argued.


SILAK, Justice.

This is an appeal by Cogeneration, Inc. (Cogeneration) from a district court judgment in favor of Idaho Power Company (Idaho Power) in a breach of contract action. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

Cogeneration held a Federal Energy Regulatory Commission (FERC) license to construct a hydroelectric facility at Auger Falls on the Snake River. Under federal law, Idaho Power was...

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