Ferc

These petitions call to mind the classic lyric: “You can check out any time you like, but you can never leave.” Idaho Power Company and its subsidiary, IDA-CORP, Inc., (collectively, IDACORP), in an effort to conclude their role in the now-epic Federal Energy Regulatory Commission (“FERC”) proceeding related to electricity sales in the Pacific Northwest in 2000 and 2001, submitted proposed settlements to FERC with the expectation that the companies would be able to wash their hands of the proceeding for good.

We consider whether FERC abused its discretion in considering these proposed settlements and conclude that the agency departed from its rules and precedent without explanation when it treated the first proposed settlement as uncontested. Because the settlements and petitions are inextricably intertwined, we grant both petitions and remand for further proceedings. The irony of prolonging the proceedings further is not lost on us, so in line with FERC’s representation at argument that reconsideration would not take long, we order FERC to issue its decision within sixty days of the issuance of the mandate here.

Background

We recounted the now-familiar backdrop of…