BOISE — Calling it the first of its kind, the U.S. Federal Energy Regulatory Commission has filed suit against the Idaho Public Utility Commission in federal court, claiming the Idaho PUC violated the long-standing Public Utility Regulatory Policies Act.

    The suit stems from contracts between two wind-energy producers and Idaho Power, which the Idaho PUC ultimately ruled were null because they were not signed prior to Dec. 14, 2010, when the qualification threshold for smaller energy providers was reduced from 10 megawatts to just 100 kilowatts.

    Both providers at the center of the suit, Wasatch Wind Intermountain, which operates Grouse Creek Wind Park and Grouse Creek Wind Park II, and Murphy Flat, had agreements in place with Idaho Power. But, according to the suit, the Idaho PUC voided those contracts in the summer of 2011 because they were completed after Dec. 10, 2010 and exceeded the 100 kilowatt limit.

    FERC explained in its suit that PURPA was put in place to help level the playing field for upstart energy companies, especially those using power generation methods that minimized or eliminated usage of fossil fuels. PURPA, passed in 1978, also demands that FERC establish requirements for electric utilities purchase of power from qualifying power production facilities and uphold them.

    When the Idaho PUC voided the contracts between the two wind energy companies and Idaho Power, FERC, in its suit, said it warned the Idaho PUC it would take action to ensure the contracts are observed.

    The Idaho PUC has not yet responded to the suit, which was filed Feb. 22.

Recommended for you

Welcome to the discussion!

The Idaho State Journal invites you to take part in the community conversation. But those who don't play nice may be uninvited.

Comments that are:

  • off topic
  • defamatory
  • libelous
  • obscene
  • racist
  • abusive
  • threatening
  • an invasion of privacy (doxxing)
  • profane (including attempts to misspell profanity in order to get around the profanity filter)

will be deleted. Repeat offenders will lose commenting privileges.

Comments are opinions of the author only, and do not reflect the opinions or views of Idaho State Journal.

(3) comments

Jim Wiegand

The FWS (Federal Government) has a "NO Net LOSS" game they are playing with the public. This game was created in Washington. First they get bogus population surveys done so the population is estimated many times over. Then they come in and say something like this..........We expect the project to kill only 10-20 eagles a year. But this is such a low percentage that the overall population will not be affected by the few eagles killed. Planners actually fall for this nonsense

Jim Wiegand

The people of Idaho should pay very close attention to what I am posting here. I say this because they have some of the best golden eagle habit in the country and if allowed to be installed, wind turbines will be slaughtering this protected species.

Jim Wiegand

I would bet that a very good case could be made that the wind-energy producers deceived Idaho about the mortality to golden eagles and other species to expect from their turbines. Remember the FWS or federal government is part of this problem because the only have voluntary regulations so no accurate mortality figures can ever be compiled. They also endorse bogus studies conducted for wind industry