Idaho Power Co. v. Idaho Public Utilities Commission

EISMANN, Justice.

This is an appeal from an order of the Idaho Public Utilities Commission denying approval of contracts between an electric utility and two wind farms on the ground that the contract rate for purchasing the power was contrary to public policy because it exceeded the utility’s avoided costs. We affirm.

I

Factual Background.

The Public Utility Regulatory Policies Act of 1978 (PURPA) was enacted to require electric utilities to purchase electricity from qualifying small power production facilities and from qualifying cogeneration facilities. “A ‘small power production facility’ is…