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IDAHO POWER CO. v. IDAHO PUBLIC UTILITIES COM'N

No. 29016.

90 P.3d 889 (2004)

140 Idaho 139

IDAHO POWER COMPANY, Applicant-Appellant, v. IDAHO PUBLIC UTILITIES COMMISSION, Respondent.

Supreme Court of Idaho, Boise, December 2003 Term.

Rehearing Denied May 27, 2004.

Attorney(s) appearing for the Case

Larry D. Ripley, Boise, for appellant. Larry D. Ripley argued.

Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. John R. Hammond Jr. argued.

KIDWELL, Justice.

This is an appeal from a final Order of the Idaho Public Utilities Commission (Commission) denying Idaho Power Company's (Idaho Power) request to recover "lost revenue" from the implementation of Idaho Power's Irrigation Buy-Back Program (Program) during the 2001 growing season. Idaho Power argues Commission Order 28699 authorized the recovery of lost revenue and the Commission's subsequent order denying...

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