20200804_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: JULY 31, 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 with Idaho Power for
both Black Mesa Energy 1 and Black Mesa Energy 2. Black Mesa Energy 1 and 2 are qualifying
facilities under the Public Utility Regulatory Policies Act of 1978.
On April 23, 2020, Idaho Power filed an Answer and Motion to Dismiss.
On May 15, 2020, Black Mesa filed an Answer to Idaho Power’s Motion to Dismiss.
On July 10, 2020, the Commission issued an order denying Black Mesa’s Motion to
Dismiss and set briefing deadlines. The Commission set a deadline of August 6, 2020 for Black
Mesa to submit a brief on the merits and a deadline of September 3, 2020 for Idaho Power to
submit a reply brief. Order No. 34715.
MOTION TO STAY BRIEFING SCHEDULE
On July 29, 2020, Black Mesa submitted a Motion to Stay Briefing Schedule. Black
Mesa states that it is currently engaged with Idaho Power in negotiations that may moot this
case, but negotiations are not likely to be concluded prior to the briefing deadlines. Therefore,
Black Mesa requests the Commission stay the briefing schedule until either Black Mesa or Idaho
Power notify the Commission of a need to resume the briefing schedule. Black Mesa indicates
DECISION MEMORANDUM 2
Idaho Power concurs in the request. Staff counsel confirmed with Idaho Power that the
Company concurs in the request.
STAFF RECOMMENDATION
Staff recommends the Commission stay the briefing schedule until either Black Mesa
or Idaho Power notifies the Commission of a need to resume the briefing schedule.
COMMISSION DECISION
Does the Commission wish to stay the briefing schedule?

__________________________
Edward J. Jewell
Deputy Attorney General

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