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HomeMy WebLinkAbout20240523Order_On_Motion_To_Extend_Time_For_Compliance_Filing.pdf Office of the Secretary Service Date May 23,2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION ) CASE NO. ATL-E-22-02 OF GREYLOCK ENERGY HOLDINGS,LLC ) FOR APPROVAL OF ITS STOCK AND ) ORDER ON MOTION TO OWNERSHIP INTERESTS PURCHASE ) EXTEND TIME FOR AGREEMENT WITH ISRAEL RAY FOR ) COMPLIANCE FILING THE ACQUISITION OF THE ATLANTA ) POWER COMPANY ) ORDER NO. 36185 On October 14, 2022, Greylock Energy Holdings, LLC ("Greylock"), filed an application with the Idaho Public Utilities Commission ("Commission") for approval of a Stock and Ownership Interests Purchase Agreement("Agreement")between Greylock and Israel Ray as the majority, and only known, shareowner in the Atlanta Power Company ("Company"). The Agreement provided for Greylock to purchase all the assets of the Company including its Certificate of Public Convenience and Necessity No. 300 ("CPCN") for the provision of electric service to the approximately seventy-five (75) individual customers in and around the community of Atlanta, Idaho. On December 30, 2022, the Commission issued Final Order No. 35649 approving the application. As part of the approval, the order provided: IT IS FURTHER ORDERED that no later than August 1, 2023, the parties shall submit updated and complete legal descriptions of the land swap described in Section 6.4 of the PSA, indicating clear ownership of the land in question, and clearly delineating Greylock's access to all equipment and land necessary for the continued operation of Atlanta Power. Order No. 35649 at 12. On July 25, 2023, Greylock filed a Motion to Extend Time for Compliance Filing. On August 9, 2023, the Commission issued Order No. 35876 granting an extension of time for the compliance filing until May 1, 2024. On April 24, 2024, Greylock filed a second Motion to Extend Time for Compliance Filing ("Motion") requesting an extension of time until August 1, 2024. Greylock represented that "[c]urrent snow levels make it difficult to complete any type of surveying work," and that "Greylock Energy Holdings and Israel Ray are renegotiating section 6.4 of the purchase agreement." ORDER NO. 36185 1 COMMISSION FINDINGS AND DECISION The Commission has jurisdiction over this matter under Idaho Codes §§ 61-119, -129, - 101,-302,-406,-501,-515,and-701. The Company is an electrical corporation as defined in Idaho Code § 61-119, and a public utility as defined in Idaho Code § 61-129. The Commission has authority to supervise and regulate every public utility within the State of Idaho and do all things necessary to carry out the spirit and intent of the Public Utility Law.Idaho Code § 61-501. Having reviewed the Motion and the arguments of the party, the Commission finds it fair, just, and reasonable to grant the motion and extend the compliance filing date to August 1, 2024. However, the Commission notes the importance of indicating clear ownership of the land in question for both the Company and its customers. The Commission expects that this matter will be resolved expeditiously. ORDER IT IS HEREBY ORDERED that the Motion is granted. IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be deemed timely filed when received by the Commission Secretary.See Rule 14.02. Service between parties should continue to be accomplished electronically when possible. However, voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 23rd day of May 2024. �/J' E AN ERSON, PRESIDENT J R. HAMMOND JR., COMMISSIONER G EDWARD LODGE, C MISSIONER ATTEST: I Ja-4 eQ� Motfica arri - an Commission Secretary I:\Legal\ELECTRIC\ATL-E-22-02 Greylock\orders\Order_Mot2_cb.docx ORDER NO. 36185 2