Idaho State Homebuilders v. Washington Water

SHEPARD, Justice.

This is an appeal from an order of the Public Utilities Commission requiring the imposition of a non-recurring charge of $50 per kilowatt on the installation of or conversion to electric space heating after March 1, 1980. The charge was only imposed upon those customers who had the option of choosing natural gas for space heating purposes. There are no material facts in dispute and the sole issue is whether the Commission’s imposition of said contribution charge was an act in excess of its authority. We earlier held that the Commission did exceed its authority, and we…