20050113Letter regarding antitrust case.pdf

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20U5 JAt'4 12 Pr; 3: 23
201 S. Main Street. Suite 1100
Salt lake Ci~. Utah 84111
main 801.328.3131
fax [phone]
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ILl JIG F.UBLIC
ATTORNEYS AT LAW UTILITIES COMMISSION
J~nuary 10, 2005
"'-
JOHN M. ERIKSSON
Direct [phone]
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.
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De 1 Ray H
SNAKE RIVER VALLEY ELECTRIC, ASSOCIATION
cc: Frederi ck W. Buckman
13586 North'45th1East Idaho F alls4 Idaho 83401