Rosebud Enterprises, Inc. v. Idaho Public Utilities Commission

JOHNSON, Justice.

This public utilities ease is a sequel to Rosebud Enterprises v. Idaho Pub. Util. Comm’n, 128 Idaho 624, 917 P.2d 781 (1996) (Rosebud I). We conclude that the Idaho Public Utilities Commission (IPUC) was correct in refusing to order Idaho Power Company (Idaho Power) to purchase electric capacity and energy from Rosebud Enterprises (Rosebud) at avoided cost rates that have been superseded.

I

THE BACKGROUND AND PRIOR PROCEEDINGS

Rosebud is a developer of a small power production plant (the qualified facility) that is *4classified as a “qualified facility” under the Public Utility…