AW Brown Co., Inc. v. Idaho Power Co.

BAKES, Chief Justice.

This case is an appeal from an order of the Idaho Public Utilities Commission denying appellant A.W. Brown, Inc.’s request that the PUC order Idaho Power to purchase electricity from Brown at an earlier, superseded cogeneration rate. We affirm the Commission’s decision.

Section 210 of the Public Utility Regulatory Policies Act (PURPA) requires electric utilities to purchase electricity produced by cogenerators or small power producers (CSPP’s) that obtain qualifying facility (QF) status under Section 201 of PURPA. Pursuant to congressional directive, the Federal Energy…