Snake River Valley Electric Association v. Pacificorp, (Including Utah Power & Light, a Division), State of Idaho, Defendant-Intervenor-Appellee

In this appeal, which marks the second time the parties have been before us, we again assess the scope of state action immunity from liability under federal antitrust law. The Idaho legislature responded to our prior opinion on state action immunity with legislation. We now assess whether, in light of these statutory changes, the responsibilities of the Idaho Public Utility Commission to review and approve certain conduct of PacifiCorp challenged in this case by the Snake River Valley Electric Association (“Snake River” or “SRVEA”) are sufficient to confer state action immunity.

I

This case regards SRVEA’s suit against PacifiCorp, which alleged antitrust violations due to PaeifiCorp’s refusal (1) to sell to SRVEA its electrical system in Southeastern Idaho; (2) to sell wholesale electrical power to SRVEA; and (3) to wheel wholesale electrical power obtained from another wholesale power generator to SRVEA via PacifiCorp’s transmission lines.

Snake River is an Idaho non-profit corporation, organized to deliver retail electricity to its members (mostly irrigation farmers) at lower rates than PacifiCorp charged. PacifiCorp is an electric power company that provides retail…