20200331_ej1.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: EDWARD JEWELL
DEPUTY ATTORNEY GENERAL

DATE: MARCH 26, 2020

SUBJECT: FORMAL COMPLAINT OF BLACK MESA ENERGY, LLC TO
ESTABLISH A LEGALLY ENFORCEABLE OBLIGATION; CASE NO.
IPC-E-20-17.

On March 17, 2020, Black Mesa Energy, LLC (“Black Mesa”) filed a formal
complaint against Idaho Power Company (“Idaho Power” or “Company”) seeking a
determination that Black Mesa established a legally enforceable obligation (“LEO”) with Idaho
Power for both Black Mesa Energy 1 and Black Mesa Energy 2. Black Mesa Energy 1 and 2 are
qualifying facilities (“QFs”) under the Public Utility Regulatory Policies Act of 1978
(“PURPA”). Black Mesa has self-certified its QFs with the Federal Energy Regulatory
Commission (“FERC”) as energy storage QFs. Black Mesa asserts its facilities “will deliver
firm energy commitments of energy and capacity throughout the day to Idaho Power and will
continue supplying energy and capacity during critical peak times after the sun goes down in
summer evenings.” Formal Complaint at 5. Black Mesa asserts its QFs are entitled to 20 -year
contracts and published avoided-cost rates because they qualify as “other” QFs under the
Commission’s implementation of PURPA.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Summons requiring the Company to
answer within 21 days of the issuance of the Summons and providing a 14 day reply period for
parties to the case.
DECISION MEMORANDUM 2
COMMISSION DECISION
Does the Commission wish to issue a Summons requiring the Company to answer
within 21 days of the issuance of the Summons and providing a 14 day reply period for parties to
the case?

__________________________
Edward J. Jewell
Deputy Attorney General

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