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Kec Gets Nod In Power Struggle Court Ruling Gives Utility Right To Serve Park

Eric Torbenson Staff Writer

The Idaho Supreme Court on Friday affirmed Kootenai Electric Cooperative’s right to provide power to a Coeur d’Alene industrial park.

The court ruled that Washington Water Power Co. broke Idaho utility rules in constructing an electric line into the Coeur d’Alene Commerce Park on Kathleen Avenue near Ramsey Road.

KEC lines surrounded the park before WWP built the feeder line. Idaho utility law states that the utility with lines closest to park has the right to serve it.

WWP’s new line was closer to the park, so the Spokane-based company argued that it had the right to the $1 million in potential revenue from the park.

KEC sued, saying that the new line was built solely for competitive advantage and to pirate future customers in the park.

First District Court Judge James Judd sided with KEC in March 1994. Since that time the park has been served by KEC.

WWP lawyers tried to persuade the Supreme Court in April that the feeder line was built solely to service WWP customers.

KEC was pleased with Friday’s ruling, said Allison Kratt, spokeswoman for the cooperative. However, officials there had not seen the court’s ruling and wanted to know the exact grounds of the court’s decision.

The commerce park currently has a US Department of Agriculture building and a credit union on its 40 lots. Both are being served by KEC, though another, smaller building is still served by WWP. That will change later this month, Kratt said.

“This is one of the first times the stabilization act had been tested,” said WWP spokesman Jay Hopkins. “It was a learning experience for us all. As far as more extensions, we will continue to examine them with this decision in mind.”

The ruling ends this chapter of the conflict between WWP, with about 45,000 North Idaho customers, and KEC, which has about 12,500 customers in the area.

WWP was fined $75,000 last November by the Idaho Public Utilities Commission for violating tariff laws to extend its service area in North Idaho.

, DataTimes