20020502Party Letter.doc

May 2, 2002

James Fell (PacifiCorp)
Stoel Rives
111 Sutter Street, Suite 700
San Francisco, CA 94104
Randall C. Budge (Monsanto)
Racine Olson Nye Budge & Bailey
PO Box 1391
Pocatello, ID 83204-1391 Timothy Shurtz (Intervenor)
411 S. Main
Firth, ID 83236 Eric L. Olsen (Irrigators)
Racine Olson Nye Budge & Bailey
PO Box 1391
Pocatello, ID 83204-1391
RE: Case No. PAC-E-02-1

Gentlemen:
The purpose of this letter is to advise the parties of an ex parte communication in the above referenced case. On April 15, 2002, I received a telephone call from Representative Eulalie Langford of Montpelier urging me to vote against PacifiCorp’s Application to recover its extraordinary power costs in this case. The Idaho Supreme Court’s decision in Idaho Historical Preservation Council v. City Council of Boise, 134 Idaho 651, 8 P.3d 646 (2000), compels me to disclose this communication. In that case, a divided Supreme Court overturned a decision of the Boise City Council because the council members received undisclosed ex parte telephone calls that violated due process standards. I advised Representative Langford that she may provide testimony at our public hearings or may submit her comments in writing to the Commission. On April 18, 2002, the Commission did receive a letter from Representative Langford.

The Representative’s telephone call has not adversely influenced my ability to fairly consider and decide the merits in this case.

Sincerely,

Paul Kjellander
President

cc: Representative Langford