971292v2.docx

BRAD PURDY
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO  83720-0074
[phone]
Street Address for Express Mail:
472 W WASHINGTON
BOISE ID  83702-5983
Attorney for the Commission Staff
UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
NO.  97-1715
(NO. 98-1133)
NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS,
Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION,
Respondent.
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STATEMENT OF ISSUESAND
NOTIFICATION OF INTERVENOR
By order issued April 30, 1998, the Court required that “[a]ny intervenors on the side of petitioners must so notify the court, in writing, within ten days from the date of this order.  Such notification must include a statement of issues to be raised by the intervenor.”  The Idaho Public Utilities Commission hereby responds.
The Idaho Public Utilities Commission intends to join in initial and reply briefs to be filed jointly by the other petitioning and intervening State public utility commissions, and possibly support respondent Federal Energy Regulatory Commission (FERC) on limited issues.  It is our understanding that the petitioning State Commissions intend to raise jurisdictional challenges to the FERC orders in the dockets under review.  Those jurisdictional challenges include, but may not be limited to:
1.The FERC’s intrusion into the area of jurisdiction over various retail matters, including rates and service, reserved to the states by section 201(b) of the Federal Power Act; and
2.The FERC’s intrusion into the area of state jurisdiction over facilities used for local distribution protected by section 201(b) of the Federal Power Act, insofar as it purports to have exclusive authority over local distribution facilities used for wholesale sales.
The intervenor Idaho Public Utilities Commission also expects to join in a brief in support of respondent insofar as FERC has refrained from asserting jurisdiction over (1) various retail matters, including rates and serve, and (2) local distribution.
Respectfully submitted this                 day of May 1998.

Brad M. Purdy
Deputy Attorney General
Idaho Public Utilities Commission
bls/N:971292.bp2
CERTIFICATION OF SERVICE
Pursuant to Rule 25 of the Federal Rules of Appellate Procedure, I hereby certify that I have this day served the foregoing upon the Respondent, Federal Energy Regulatory Commission, and the Petitioner, National Association of Regulatory Utility Commissioners, by depositing copies thereof in the United States mail, first class, postage prepaid.
Chuck Gray
National Association of Regulatory Utility Commissioners
1100 Pennsylvania Avenue NW, Suite 603
PO Box 684
Washington, DC 20044-0684
Federal Energy Regulatory Commission
888 First Street NE
Washington, DC 20426
DATED at Boise, Idaho this             day of May 1998.

Brad M. Purdy
Deputy Attorney General
Idaho Public Utilities Commission