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ADA HIGHWAY DIST. v. PUBLIC UTILITIES COM'N

No. 37294.

253 P.3d 675 (2011)

ADA COUNTY HIGHWAY DISTRICT, Petitioner-Appellant, v. IDAHO PUBLIC UTILITIES COMMISSION and Idaho Power Company, Respondents.

Supreme Court of Idaho, Boise, May 2011 Term.

May 25, 2011.

Attorney(s) appearing for the Case

Merlyn W. Clark , Hawley Troxell Ennnis & Hawley LLP, Boise, argued for appellant.

Weldon B. Stutzman , Deputy Attorney General, Boise, argued for respondent Idaho Public Utilities Commission.

Lisa D. Nordstrom , Boise, argued for respondent Idaho Power Company.

EISMANN, Chief Justice.

This is an appeal from an order of the Public Utilities Commission revising Idaho Power Company's tariff with respect to relocating utilities within public rights-of-way. We set aside the order of the Commission.

I. FACTS AND PROCEDURAL HISTORY

On October 30, 2008, Idaho Power Company (Company) filed an application with the Idaho Public Utilities Commission (IPUC) seeking to modify...

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