20150915final_order_no_33376.pdf

Office of the Secretary
Service Date
September 15,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF )CASE NO.IPC-E-11-23
IDAHO POWER COMPANY FOR A )
DECLARATORY ORDER REGARDING )
PURPA JURISDICTION.)ORDER NO.33376
________________________________________________________________________________________
)
On November 3,2011,Idaho Power Company filed a Petition for Declaratory Order
requesting that the Commission issue an Order determining jurisdiction over a wheeling PURPA
transaction proposed by Kootenai Electric Cooperative,Inc.(“Kootenai”).Prior to the filing of
this case,Kootenai had filed and was pursuing a complaint in the Oregon Public Utility
Commission regarding the same subject.On November 25,2011,Kootenai filed an answer and
motion to dismiss with this Commission contending that Idaho Power was not entitled to the
relief requested.Additionally,during the pendency of the Oregon case,Kootenai filed a Petition
for relief with the Federal Energy Regulatory Commission (“FERC”).
On June 14,2013,FERC ruled that Idaho Power was required to purchase Kootenai’s
output.See Notice and Order,143 FERC 61,232 (2013).FERC denied Idaho Power’s request
for reconsideration on December 18,2013,and on January 9,2014,the Oregon Public Utility
Commission entered a final order granting Kootenai Electric’s complaint.
Following a protracted period of procedural inactivity,on September 8,2015,Idaho
Power filed the pending Motion to Dismiss without prejudice,pursuant to Rules 56 and 68.The
Commission has been informed by Staff Counsel that there is no objection to a dismissal of the
complaint by any of the interested parties.The Commission has reviewed Idaho Power’s request
and the record in this matter,and finds good cause to grant Idaho Power’s request.
ORDER
IT IS HEREBY ORDERED that the Petition in this matter be dismissed without
prejudice and that the case docket be closed.
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsideration within twenty-one (21)days of the service date of this Order.Within seven days
after any person has petitioned for reconsideration,any other person may cross-petition for
reconsideration.See Idaho Code §6 1-626.
ORDER NO.33376 1
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /‘
day of September 2015.
PAUZ€ESIDEN
MARSHA H.SMITH,COMMISSIONER
KR INE RAPER,COMMISSIONER
ATTEST:
J1éJtn D.Jewell
6mmission Secretary
O:IPC-E-1 1-23_bk
ORDER NO.33376 2