Empire Lumber Co. v. Washington Water Power Co.

SHEPARD, Chief Justice.

This is an appeal from a decision of the Idaho Public Utilities Commission denying a motion for an order directing Washington Water Power Company to enter into a contract with Empire Lumber Company for the purchase of electricity pursuant to the Public Utility Regulatory Policies Act. We affirm.

In 1978 Congress, as a part of the National Energy Act, enacted the Public Utili*192ty Regulatory Policies Act (PURPA), P.L. 95-617, 92 Stat. 3117 (1978). Section 210 of that Act requires electrical utilities to purchase the power produced by co-generators or small power producers…