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HomeMy WebLinkAbout20050113Letter regarding antitrust case.pdfSTOEL~ R HECEIVEO 0 II r ...~~. 20U5 JAt'4 12 Pr; 3: 23 201 S. Main Street. Suite 1100 Salt lake Ci~. Utah 84111 main 801.328.3131 fax 801.578.6999 www.stoel.com ILl JIG F.UBLIC ATTORNEYS AT LAW UTILITIES COMMISSION J~nuary 10, 2005 "'- JOHN M. ERIKSSON Direct (801) 578-6937 jmeriksson~stoel.com Weldon Stutzman Deputy Attorney General Idaho Public Utilities Commission 472 West Washington St. Boise, Idaho 83702-5983 Re:Case No. PAC-Ol-6; Petition ofPacifiCorp re Snake River Valley Electric Association Dear Mr. Stutzman: As you know, the 9th Circuit Court of Appeals last year affirmed the District Court decisions in the Snake River Valley Electric Association v. PacifiCorp antitrust case, and the U.S. Supreme Court recently denied Snake River s petition for certiorari. The letter from Snake River which was the subject of that case, and the basis for PacifiCorp s Petition in the above-referenced matter, states that Snake River was requesting transmission service through April, 2001. (Exhibit B to PacifiCorp s Petition, attached hereto.) It is also our understanding that Snake River never sought Commission approval to provide electric service to customers served by PacifiCorp. Idaho Code ~ 61-334B. In light of the finality of the antitrust case, and inasmuch as the period identified by Snake River for its "request" for transmission service has long since passed, we believe the above-referenced matter is now moot. Very truly yours John M. Eriksson cc: Charles F. Wheatley Oregon Washington California Utah Idaho . , EXHIBIT B Snake River Valley Electric Association ~w: tJetLH. jl)~ S~ S~ Ud, December 18, 1995 Mr.. John Mooney, Executive Vice' President Utah Power and light Compa~y 201! South Main OUC 2300 Sa 1 t lake Ci ty" Utah 84140 t'"' ' \ ' Dear Mr. Mooney: , , The Snake River Valley Electric Cooperative (II SRVEA" or "Cooperative ), a non-. profit corporatio~ chartered under'the laws of Idaho as an el'ectric'cooperative, hereby requests that Utah Power-and light Company provide firm transmission servic~, ' over'its e ectri c system to t~e Coopera ti ve f(;)I; up to 150 MW .from May 1 to. September. ,15. . ," / ' and up to 21 MW from September 16 to' April 30 each year, to supply :the electric requirements of'the Cooperative s members for the period May 1996 to ,April 2001. The points of wholesale power receipt by SRVEA include Midpoint Substation, Drunmond Substation, Borah Substation, Jefferson Substation, Kinport Substation, Goshen Substation and Amps Substation. Delivery points for this request are the existing delivery points on Utah Power Syst~11I to each of the members of the SRVEA. SRVEA requests that the Utah Power and Li ght Company provide i t with a servi ce agreement for the wheeling service requested herein within thirty (30) days. ;:Q; ~a rd l2C ~O rs . De 1 Ray H SNAKE RIVER VALLEY ELECTRIC, ASSOCIATION cc: Frederi ck W. Buckman 13586 North'45th1East Idaho F alls4 Idaho 83401