20010601Letter to Mr. Hulet.doc

June 1, 2001

Jay H. Hulet
H.C. 79, Box 2020
Murphy, Idaho 83650

Dear Mr. Hulet:

This letter has been sent to memorialize the Commission Staff’s response to your inquiry. After reviewing the materials you have submitted and the record in the Irrigation Buy-Back Program, Case No. IPC-E-01-3, Staff’s position on your inquiries are as we discussed on the telephone on June 1, 2001. Specifically, that based on the record currently before it Staff is unable to conclude that Idaho Power Company made material misrepresentations to you about the Program, failed to schedule timely meetings with you to resolve your questions prior to February 28, 2001, released your customer information to a third-party inappropriately or improperly denied you access to this Program. Furthermore, as Staff understands it you disagree with the Company’s method to calculate energy reductions using a five-year historical average. On May 25, 2001, the Commission approved the Company’s usage of this average in order to measure participating irrigators’ energy reductions. See Commission Order No. 28699.

As we also discussed on the telephone the Commission Staff’s position on these matters are without prejudice to your right to present them formally to the Commission for its review. See Commission Rules of Procedure, IDAPA 31.01.01.021-.026 and 31.01.01.051-.058. These rules are contained on the Commission’s website at www.puc.state.id.us. Furthermore, you may ask the Commission to reconsider, clarify, rescind, alter or amend its final order in Case No. IPC-E-01-3. See Commission Rules of Procedure, IDAPA 31.01.01.325, .326 and .331. If you decide to take further action in this matter please consult the Commission’s Rules for guidance.

Sincerely,

John R. Hammond
Deputy Attorney General

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