Idaho Power Co. v. Cogeneration, Inc.

SILAK, Justice.

This is an appeal by Cogeneration, Inc. (Cogeneration) from a district court judgment in favor of Idaho Power Company (Idaho Power) in a breach of contract action. We affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

Cogeneration held a Federal Energy Regulatory Commission (FERC) license to construct a hydroelectric facility at Auger Falls on the Snake River. Under federal law, Idaho Power was obligated to enter into an agreement with Cogeneration for the purchase of power from the Auger Falls plant after its completion.

In January 1992, Idaho Power and Cogeneration…