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HomeMy WebLinkAbout20240820Notice_of_Request_Order_No_36291.pdf Office of the Secretary Service Date August 20,2024 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 ) NOTICE OF REQUEST OWNERSHIP INTERESTS PURCHASE ) AGREEMENT WITH ISRAEL RAY FOR ) NOTICE OF MODIFIED THE ACQUISITION OF THE ATLANTA ) PROCEDURE POWER COMPANY ) ORDER NO. 36291 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 of 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 NOTICE OF REQUEST NOTICE OF MODIFIED PROCEDURE ORDER NO. 36291 1 "Greylock Energy Holdings and Israel Ray are renegotiating section 6.4 of the purchase agreement." On July 22, 2024, Greylock filed a request ("Request") to approve an Amendment to STOCK AND OWNERSHIP INTEREST PURCHASE AGREEMENT ("Amendment"). The Amendment would remove section 6.4 of the Agreement that contains the land swap. NOTICE OF REQUEST YOU ARE HEREBY NOTIFIED that Greylock requests approval of an Amendment to STOCK AND OWNERSHIP INTEREST PURCHASE AGREEMENT. The Amendment would remove section 6.4 of the Agreement that contains the land swap. YOU ARE FURTHER NOTIFIED that the Request is available for public inspection during regular business hours at the Commission's office. The Request is also available on the Commission's website at www.puc.idaho. og_v. Click on the "ELECTRIC" icon, select "Open Cases," and click on the case number as shown on the front of this document. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code, and that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq. NOTICE OF MODIFIED PROCEDURE YOU ARE HEREBY NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter, and that it will proceed under Modified Procedure pursuant to the Commission's Rules of Procedure 201-204, IDAPA 31.01.01.201-.204. The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this Request may file a written comment explaining why the person supports or opposes the Request. Persons who would like a hearing must specifically request a hearing in their written comments and explain why written comments alone are insufficient. Persons interested in filing written comments must do so by September 17, 2024. Comments must be filed through the Commission's website or by e-mail unless computer access is unavailable. To comment electronically, please access the NOTICE OF REQUEST NOTICE OF MODIFIED PROCEDURE ORDER NO. 36291 2 Commission's website at http://www.puc.idaho.gov/. Click the "Case Comment Form" and complete the form using the case number as it appears on the front of this document. To file by e-mail, persons must e-mail the comments to the Commission Secretary and all parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code § 74-101(13), and all information provided by such person is available for public and media inspection. If computer access is unavailable, then comments may be mailed to the Commission and the Parties at the addresses below.Persons submitting a comment by mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code§74-101(13),and all information provided by such person is available for public and media inspection. For the Idaho Public Utilities For Greylock Energy Holdings, LLC: Commission: Commission Secretary Nick Jones Idaho Public Utilities Commission Gene Haught P.O. Box 83720 Greylock Energy Holdings, LLC Boise, ID 83720-0074 nickcwpkyahoo.com secretary�a,puc.idaho.gov pgfd247(a yahoo.com Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 YOU ARE FURTHER NOTIFIED that Greylock must file any reply comments by October 1, 2024. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set, the Commission will consider this matter on its merits and enter its final order without a formal hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing. NOTICE OF REQUEST NOTICE OF MODIFIED PROCEDURE ORDER NO. 36291 3 ORDER IT IS HEREBY ORDERED that the Request be processed by Modified Procedure, Rules 201-204(IDAPA 31.01.01.201-.204). Persons interested in filing written comments must do so by September 17, 2024. The Company must file any reply comments by October 1, 2024. 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 201h day of August 2024. ERIC ANDERSON, PRESIDENT Ij— J R. HAMMOND JR., COMMISSIONER G Gv� EDWARD LODGE, OM SIONER ATTEST: M.AioebarricV-Sa h Commission Secretary I:\Lega1\ELECTRIC\ATL-E-22-02 Grey1ock\orders\ATLE2202_Ntc_Req_Mod_cb.docx NOTICE OF REQUEST NOTICE OF MODIFIED PROCEDURE ORDER NO. 36291 4