Afton Energy, Inc. v. Idaho Power Co.

I

First, I do not believe that the Court has adequately dealt with the possible res judicata effect of the Public Utilities Commission’s ruling which Idaho Power asserts held that it was authorized to simultaneously invoke the remedies provided in Appendix B-2(A) and Appendix B-2(C). In April of 1985, Afton applied to the PUC for an order to modify the Power Sales Agreement and Idaho Power’s action in this case. The Commission declined to assume jurisdiction over the matter stating that it had no authority to modify the rates, terms and conditions of the agreement. Thereafter, Afton filed a…