WONNEL.docx

February 19, 1998
VIA FED EX
Donn T.  Wonnell, Esq.
410 W 37th Street
Vancouver, WA 98660
RE: Electric Restructuring Documents
Dear Donn,
It was a pleasure to meet you yesterday and discuss the state’s electric restructuring issues.  Pursuant to our conversation, I have assembled a number of background documents for your review.  These documents include:
1.AG’s Legislative Report dated September 1996—this report provides a good overview of the existing electric infrastructure in Idaho.  Note that some of the data dates from 1995 and 1996 but the relationships are still valid.  There is also a three page western states rate chart.
2.Electric Supplier Stabilization Act (Idaho Code §§ 61-332 through -334B).  These statutes regulate the delivery of electric energy to Idaho customers.  They are also the subject of the federal antitrust case noted below.
3.State “poison pill” statutes.  (Idaho Code §§ 61-327 through -331) —these statutes govern the merge/acquisition or sale of electric utilities or facilities.  Section 329 is the escheat statute dealing with utility operating property.  
4.Antitrust case (SRVC v. PacifiCorp)—I have included for your review the Plaintiff’s Memorandum and Opposition to PacifiCorp’s Motion to Dismiss, PacifiCorp’s Reply, the Court’s Initial Decision and Order, and the State’s Motion for Partial Summary Judgment.  Brett has the entire file if you need more.
5.PUC’s Unbundled Electric Cost Report (January 1998)—note the cross- comparative table on page 1 of Appendix III (tabbed).
6.E-mail’s—this collection of E-mails reference a number of other documents included here.  In addition, I have included an April 1997 federal legislation status report.  Of course, there may be a more current edition of this status report.
7.PUC appeal of FERC Orders 888 and 889—this two page document outlines the primary issues that the PUC is pursuing in our appeal of the FERC Orders in the Second Circuit.
8.Draft bills covering a host of different restructuring issues including reoganizations, reliability, large customer retail competition, changing suppliers, ISOs, and rural power authorities.
9.The Interim Committee’s Interim Report on its activities—although this report is undated, I believe it was prepared in December 1997.
10.PUC Orders opening stranded costs dockets for Idaho’s three IOUs.
One document I have not included is the draft “fix” to the Electric Supplier Stabilization Act (ESSA) relating to the antitrust case.  Rather than give you an existing draft knowing that will be changed within a day or two, I will forward it to you when it is updated.
If you have any questions concerning these documents or other matters, please feel free to give me a call at [phone] or you may E-mail me at “[e-mail]”.
Sincerely yours,
Donald L.  Howell
Deputy Attorney General
DLH/vld
Enclosure
cc:Lawrence Wasden
Brett DeLange