19990106.docx

DECISION MEMORANDUM
TO:COMMISSIONER HANSEN
COMMISSIONER NELSON
COMMISSIONER SMITH
MYRNA WALTERS
TONYA CLARK
BILL EASTLAKE
DON HOWELL
STEPHANIE MILLER
RANDY LOBB
RICK STERLING
DAVID SCOTT
WORKING FILE
FROM:SCOTT WOODBURY
DATE:JANUARY 6, 1999
RE:CASE NO. IPC-E-96-14
EARTH POWER RESOURCES, INC. V. IDAHO POWER COMPANY
PROPOSED DISMISSAL WITHOUT PREJUDICE
On July 3, 1996, Earth Power filed a complaint in Case No. IPC-E-96-14 against Idaho Power.  The matter has been pending for over two years without activity.  A related case of similar vintage is pending in the District Court, also languishing without activity.  Earth Power counsel has been contacted and consents to a dismissal without prejudice.  A proposed Order is attached for the Commission’s consideration.
Commission Decision
Does the Commission agree that a dismissal is appropriate?
Does the Commission find the proposed Order acceptable?

Scott Woodbury
vld/M:IPC-E-96-14.sw