Idaho Power Co. v. Idaho Public Utilities Commission

Summary

The Idaho Supreme Court held that Idaho Public Utilities Commission Order 28699 authorized Idaho Power Company to recover reduced or lost revenues associated with its Irrigation Buy-Back Program through the Power Cost Adjustment mechanism. The court vacated and remanded later Commission orders denying recovery because they conflicted with the earlier policy decision. The court declined to address the broader issue of whether the Commission had authority to require demand-side management programs.

Holdings

1. Order 28699 authorized Idaho Power to include and recover the Irrigation Buy-Back Program's lost revenue through the Power Cost Adjustment mechanism, subject to determining the appropriate amount of lost revenue.
2. The Court declined to decide the Commission's authority to require demand-side-management programs because the issue was a broad public-policy issue beyond the scope of the appeal.

Questions Presented

1. Whether Idaho Public Utilities Commission Order 28699 authorized Idaho Power to recover, through the Power Cost Adjustment mechanism, lost revenue resulting from the Irrigation Buy-Back Program.
2. Whether the Idaho Public Utilities Commission's authority to require demand-side-management programs was properly before the Court on this appeal.

Disposition

vacated