IDAHO POWER CO. v. NEW ENERGY TWO, LLC

No. 40882-2013.

328 P.3d 442 (2014)

IDAHO POWER COMPANY, Petitioner-Respondent, v. NEW ENERGY TWO, LLC, an Idaho limited liability company, and New Energy Three, LLC, an Idaho limited liability company, Respondents-Appellants, and Idaho Public Utilities Commission, Intervenor-Respondent.

Supreme Court of Idaho. Boise, April 2014 Term.

June 17, 2014.


Attorney(s) appearing for the Case

Angelo L. Rosa , Salt Lake City, Utah, argued for appellants.

Donovan E. Walker , Boise, argued for respondent Idaho Power Company.

Donald L. Howell, II , Deputy Attorney General, Boise, argued for respondent Public Utilities Commission.


EISMANN, Justice.

This is an appeal from an order of the Idaho Public Utilities Commission holding that it had jurisdiction to decide whether the force majeure clauses in the Appellants' contracts with Idaho Power Company excused them from their contractual obligations to have their power generation facilities constructed and in operation by specified dates in order to sell electricity to Idaho Power. We affirm the order...

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