980212.docx

February 12, 1998
Larry D. Ripley, Esq.
Idaho Power Company
PO Box 70
Boise, ID 83707
RE:1994 Energy Consumption Data Request from IDWR
Dear Larry,
On February 5, 1998, the Idaho Department of Water Resources (IDWR) forwarded to me a letter dated February 5 requesting assistance in obtaining energy consumption reports for 1994.  More specifically, IDWR requests consumption records for 47 account numbers that correspond to 26 diversions on the Snake River between Lower Salmon Falls and Weiser.
After discussing this matter with you and Tim Luke of IDWR, it is my understanding that the Company has asked that the data request be routed through the Public Utilities Commission.  In reviewing the attached Hal Anderson letter of December 3, 1997, it appears that IDWR is aware that this data is no longer maintained in “current” billing records but must be recovered from microfiche.  Mr. Anderson’s letter further indicates that IDWR is willing to reimburse the Company for its cost of retrieving this information.  It is my understanding that this request is a unique, one-time request of consumption data from Idaho Power.
Under the Commission’s Energy Consumption Reporting Rules, IDWR must normally request consumption reports no later than July 1 of each year to obtain data for the current irrigation season.  IDAPA 31.26.01.011.  Although the Department’s request might be considered untimely, there is no provision of  the Energy Consumption Rules which would prohibit the Company from providing the requested information.  Given that the Company has tentatively located the requested data and the Department’s willingness to pay for the recovery of such data, I find no legal impediment to supplying the requested information.
As always, consumption reports forwarded to IDWR are exempt from public disclosure and copying pursuant to Idaho Code § 9-340(4)(m); IDAPA 31.26.01.004.  It is my understanding that IDWR intends to transmit the requested 1994 energy consumption reports to the U. S. Geological Survey (USGS).  The Energy Consumption Rules contemplate the use of consumption reports by federal entities and specifically permit the release of consumption information to the USGS “for research purposes provided the identity of individual customers or accounts is protected from public disclosure and cannot be ascertained from the reports.”  IDAPA 31.26.01.004.02.
In summary, I am unaware of any legal impediment that would prohibit Idaho Power from supplying IDWR (and ultimately USGS) the requested information.  If you have any questions concerning this matter, please contact me at 334-0312.
Sincerely yours,
Donald L. Howell, II
Deputy Attorney General
cc:Tim Luke, IDWR
Commissioners
bls/L-ripley.dh