Legal Opinion · Dissent

General Telephone Co. v. Idaho Public Utilities Commission

Idaho Supreme Court

Decided January 9, 1986No. 15275Published

1DissentShepard, Justice

I cannot join in that portion of Section III of the majority’s opinion which affirms the commission’s utilization of the “California” approach. I believe the commission erred in not utilizing the traditional approach to an affiliate transaction. In the instant case we must determine whether once a utility has failed to carry its burden of proof of the reasonableness of charges paid to an affiliate, the commission may refuse to make further inquiry as to comparable pricing between independent parties and revert to the California approach, allowing only such charge to the affiliate as would…

2Cases cited5 opinions

  1. Central La. Elec. Co. v. La. Public ServiceSupreme Court of Louisiana · 1979
  2. Montana-Dakota Utilities Co. v. BollingerMontana Supreme Court · 1981
  3. Schwilling v. HorneIdaho Supreme Court · 1983
  4. Washington Water Power Co. v. Idaho Public Utilities CommissionIdaho Supreme Court · 1983
  5. In re Montana-Dakota Utilities Co. for Authority to Establish Increased Rates for Electric ServiceSouth Dakota Supreme Court · 1979

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