Lawsuit filed over plant secrets

A Texas-based power-plant developer is suing PacifiCorp and its attorney, alleging that PacifiCorp stole trade secrets that it used to develop its recently launched Currant Creek power plant in Mona, Juab County.

USA Power Partners, the Dallas-based parent company of Spring Canyon Energy, named as defendants PacifiCorp, attorney Jody L. Williams and the law firm of Holme, Roberts & Owen. The lawsuit alleges that PacifiCorp misappropriated information about a plant USA Power was planning to build in Mona, called Spring Canyon, and used that information to build its own plant nearby.

The lawsuit is just the latest controversy regarding the Currant Creek project, which came under fire because of PacifiCorp's bid process. PacifiCorp chose to build the plant itself after reviewing more than 100 bids — including USA Power's — for the $350 million Currant Creek plant, which fired up in late June.

USA Power is seeking $250 million in compensatory damages. PacifiCorp denies the allegations.

USA Power alleges in the lawsuit that PacifiCorp "obtained confidential information regarding Spring Canyon from USA Power with a duty not to use or disclose such information, but then converted the information for its own use in developing a competing generation project on a neighboring site with the same concept and design."

PacifiCorp spokesman Dave Eskelsen declined to comment on the allegations raised in the lawsuit, except to say that "we do view the claims as baseless and look forward to answering the claims in court."

Peggy A. Tomsic, the attorney representing USA Power, said that company began working on a power-plant project in 2001. Its design, Tomsic said, was for an air-cooled power-generation plant that would allow the plant to operate efficiently while causing fewer environmental impacts. It scouted sites, purchased land and water in Juab County and secured zoning and construction permits.

In August of the next year, USA Power (Spring Canyon Energy in Utah) was contacted by PacifiCorp, Tomsic said. The company, which is based in Portland, Ore., and does business as Utah Power in Utah, expressed interest in the project.

A second meeting was held the next month, at which time Tomsic said USA Power and PacifiCorp executed a confidentiality agreement, and USA Power shared information about the Spring Canyon project — including "proprietary details of the plant design, water source, cooling technology, turbine design, fuel sources and electric transmission path, as well as engineering drawings of site plans and elevation drawings for critical plant components," according to the lawsuit.