concurring in result:
I concur in the result reached in Part I of the majority opinion. Because the United States, Idaho Company Power and Utah Power & Light Company entered into an agreement which set forth the price that Utah Power would charge for all electrical energy it supplied to ERDA, then under the authority of Agricultural Products Corp. v. Utah Power & Light Co., 98 Idaho 23, 557 P.2d 617 (1976), the Public Utilities Commission could set aside that agreement and provide new rates for power supplied to ERDA by Utah Power only if the PUC finds that “the rate ‘is so low as to adversely affect the public interest — as where it might impair the financial ability of the public utility to continue its service, cast upon other consumers an excessive burden, or be unduly discriminatory.’ Federal Power Comm’n v. Sierra Pac. Power Co., 350 U.S. 348, 76 S.Ct. 368, 100 L.Ed. 388 (1956).’’ 98 Idaho at 29, 557 P.2d at 623. The absence of such a finding is dispositive of this appeal.
That being the case, it is unnecessary for the Court to decide or consider the issues discussed in Part II of the majority opinion, and I do not join in that part of the Court’s opinion.