United States Ninth Circuit

Defendant's refusal to wheel (transfer) wholesale electricity has state action immunity from December 8, 2000 onward under the amended Idaho Electric Supplier Stabilization Act; the claim that defendant refused a wheeling request prior to that date was validly rejected. Since defendant lacked a dominant position in the wholesale electricity generating market, it has no liability for declining to sell power.

Appellate Information

• Argued 12/03/2003
• Decided 02/09/2004
• Published 02/09/2004

Judges

• GOULD, Circuit Judge:, Before: KLEINFELD, GOULD, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles F. Wheatley, Jr.,Wheatley & Ranquist, P.A., Annapolis, Maryland, and Robert C. Huntley, Huntley Park, L.L.P., Boise, ID, for the plaintiff-appellant.


• For Appellees:
  
• Marc T. Rasich, Stoel Rives LLP, Salt Lake City, UT, for the defendant-appellee., Brett T. DeLange, Deputy Attorney General, State of Idaho, for defendant-intervenor-appellee State of Idaho.