20050120Final Order No 29688.pdf

Office of the Secretary
Service Date
January 20 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION BY
ACIFICORP FOR AN ORDER DETER-
MINING THAT P ACIFICORP IS NOT
REQUIRED TO PROVIDE WHEELING
SERVICE TO SNAKE RIVER VALLEY
ELECTRI C ASSOCIA TI 0 N.ORDER NO. 29688
CASE NO. PAC-Ol-
This case was initiated by PacifiCorp in 2001 when it filed a petition pursuant to
Idaho Code ~ 61-332D. Section 61-332D was enacted in 2001 following litigation between
PacifiCorp and Snake River Valley Electric Association (Snake River) regarding PacifiCorp
obligation to wheel electric service to Snake River. Section 61-332D provides that electric
suppliers are not required to provide wheeling service "if such service results in retail wheeling
and/or a sham wholesale transaction." An electric supplier that declines to furnish wheeling
service may petition the Commission "for review of the electric supplier s action in respect to a
request for such service.Idaho Code ~ 61-332D(2).
After PacifiCorp filed its Petition with the Commission, litigation between the parties
continued in federal court. Accordingly, at the parties' request, this action before the
Commission was put on hold. In late 2004 the court case concluded when the United States
Supreme Court declined to hear an appeal by Snake River of a Ninth Circuit Court of Appeals
decision. Thereafter, PacifiCorp notified the Commission that federal court litigation was
concluded and that the period identified by Snake River for its wheeling request terminated in
April 2001. PacifiCorp advised that this case is moot and it does not intend to pursue its Petition.
Staff recommended, in light of the lack of interest in the case by the Petitioner, that
the Commission dismiss this case and close the file. We find it appropriate in these
circumstances to dismiss PacifiCorp s Petition and close the case.
ORDER
IT IS HEREBY ORDERED that the Petition filed by PacifiCorp regarding its
obligation to provide wheeling services to Snake River is dismissed and this case is closed.
ORDER NO. 29688
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 (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ~-f4-
day of January 2005.
~~/L
, PRESIDENT
ARSHA H. SMITH, COMMISSIONER
ATTEST:
~~el1
Commission Secretary
bls/O:PACEOlO6 ws5
ORDER NO. 29688