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HomeMy WebLinkAbout20221116Notice_of_Application_Order_No_35597.pdfNOTICE OF APPLICATION NOTICE OF SCHEDULE NOTICE OF MODIFIED PROCEDURE NOTICE OF VIRTUAL PUBLIC WORKSHOP NOTICE OF VIRTUAL CUSTOMER HEARING ORDER NO. 35597 1 Office of the Secretary Service Date November 16, 2022 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF GREYLOCK ENERGY HOLDINGS, LLC FOR APPROVAL OF ITS STOCK AND OWNERSHIP INTERESTS PURCHASE AGREEMENT WITH ISRAEL RAY FOR THE ACQUISITION OF THE ATLANTA POWER COMPANY ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. ATL-E-22-02 NOTICE OF APPLICATION NOTICE OF SCHEDULE NOTICE OF MODIFIED PROCEDURE NOTICE OF VIRTUAL PUBLIC WORKSHOP NOTICE OF VIRTUAL CUSTOMER HEARING ORDER NO. 35597 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 provides for Greylock to purchase all of the assets of the Company including its Certificate of Public Convenience and Necessity (“CPCN”) for the provision of electric service to the approximately seventy-five (75) individual customers in and around the community of Atlanta, Idaho. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED Greylock has filed for approval for the sale and purchase of Atlanta Power. The Agreement provides for a purchase price of three hundred and sixty-five thousand ($365,000) dollars as well as other terms and conditions. YOU ARE FURTHER NOTIFIED that Greylock asserts that the proposed transaction is consistent with the public interest and that Greylock has both the financial and technical ability as well as the bona fide intent to operate and maintain the subject property in the public interest. NOTICE OF APPLICATION NOTICE OF SCHEDULE NOTICE OF MODIFIED PROCEDURE NOTICE OF VIRTUAL PUBLIC WORKSHOP NOTICE OF VIRTUAL CUSTOMER HEARING ORDER NO. 35597 2 YOU ARE FURTHER NOTIFIED that Greylock represents that upon acquisition of the Utility, Greylock will have, and will be able to maintain, the financial ability to operate the Company consistent with good utility practices and Commission orders. Further, Greylock does not propose any rate increase by reason of this transaction as its owners have personally assumed financial responsibility for all transaction costs associated with Greylock’s acquisition of the Atlanta Power Company. YOU ARE FURTHER NOTIFIED that Greylock represents that it is an Idaho limited liability company formed for the purpose of acquiring, owning, and operating the Company. Greylock has two owners each with a fifty percent ownership interest who are comanagers. Both owners of Greylock represent they have significant, relevant, and extensive experience running and operating electric utilities. YOU ARE FURTHER NOTIFIED that the Application and Agreement is available for public inspection during regular business hours at the Commission’s office. All documents are also available on the Commission’s website at http://www.puc.idaho.gov/. 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. YOU ARE FURTHER NOTIFIED 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 SCHEDULE YOU ARE HEREBY NOTIFIED that the Commission approves the following procedural schedule: • November 29, 2022 – Virtual Public Workshop – from 6:00 p.m. until 9:00 p.m. local time. • December 6, 2022 – Initial Party comments due. • December 13, 2022 – Virtual Customer Hearing – from 6:00 p.m. until 9:00 p.m. local time. • December 15, 2022 – Reply Party comments and non-party Customer written comments due. NOTICE OF APPLICATION NOTICE OF SCHEDULE NOTICE OF MODIFIED PROCEDURE NOTICE OF VIRTUAL PUBLIC WORKSHOP NOTICE OF VIRTUAL CUSTOMER HEARING ORDER NO. 35597 3 NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER 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 parties desiring to provide written comments on the Application must do so by December 6, 2022. YOU ARE FURTHER NOTIFIED that non-party persons desiring to state a position on this Application may file a written comment explaining why the person supports or opposes the Application. Non-party persons who would like a hearing must specifically request a hearing in their written comments. Non-party persons interested in filing written comments must do so by December 15, 2022. Comments must be filed through the Commission’s website or by e-mail unless computer access is unavailable. To comment electronically, please access the 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 the Company at the e-mail addresses listed below. If computer access is unavailable, then comments may be mailed to the Commission and Company at these addresses: For the Idaho Public Utilities Commission: Commission Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83720-0074 secretary@puc.idaho.gov Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 For Greylock Energy Holdings, LLC: Peter Richardson Nick Jones Gene Haught RICHARDSON ADAMS, PLLC peter@richardsonadams.com nickcwp@yahoo.com Pgfd247@yahoo.com NOTICE OF APPLICATION NOTICE OF SCHEDULE NOTICE OF MODIFIED PROCEDURE NOTICE OF VIRTUAL PUBLIC WORKSHOP NOTICE OF VIRTUAL CUSTOMER HEARING ORDER NO. 35597 4 For Atlanta Power Company: Brad Purdy Christopher R. Nunez bmpurdy@hotmail.com crn@mcananey.us YOU ARE FURTHER NOTIFIED that the Company and Greylock must file any reply comments by December 15, 2022. 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 VIRTUAL PUBLIC WORKSHOP YOU ARE FURTHER NOTIFIED that Commission Staff (“Staff”) will hold a virtual, online, public, informational workshop on TUESDAY, NOVEMBER 29, 2022, from 6:00 p.m. until 9:00 p.m. local time. The purpose of the workshop is to provide the public with an overview of the Application. At the workshop, the public may ask Staff about the Application. To participate over the phone, please call 1-415-655-0001, and enter meeting number 2466 435 2419 when prompted. To participate online, please visit idahogov.webex.com, and enter meeting number 2466 435 2419. At the next window, please enter your name, e-mail address and this password: TuesdayWorkshop. NOTICE OF VIRTUAL CUSTOMER HEARING YOU ARE HEREBY NOTIFIED that the Commission will hold a virtual customer hearing on the Application on TUESDAY, DECEMBER 13, 2022, from 6:00 p.m. until 9:00 p.m. local time. Those customers participating in the hearing will have an opportunity to provide testimony to the Commission. To participate in the hearing, please call 1-415-655-0001, and enter meeting number 2459 066 3124 when prompted. NOTICE OF APPLICATION NOTICE OF SCHEDULE NOTICE OF MODIFIED PROCEDURE NOTICE OF VIRTUAL PUBLIC WORKSHOP NOTICE OF VIRTUAL CUSTOMER HEARING ORDER NO. 35597 5 ORDER IT IS HEREBY ORDERED that the procedural schedule as set forth in the above Notice of Schedule is approved. IT IS FURTHER ORDERED that Commission Staff shall hold a virtual public informational workshop on TUESDAY, NOVEMBER 29, 2022, from 6:00 p.m. until 9:00 p.m. local time. IT IS FURTHER ORDERED that the Commission shall hold a virtual customer hearing on TUESDAY, DECEMBER 13, 2022, from 6:00 p.m. until 9:00 p.m. local time. IT IS FURTHER ORDERED that the Parties shall have until December 6, 2022, to file initial written comments. IT IS FURTHER ORDERED that the Company and Greylock shall have until December 15, 2022, to file Reply comments. IT IS FURTHER ORDERED that non-party persons shall have until December 15, 2022, to file written comments. 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. NOTICE OF APPLICATION NOTICE OF SCHEDULE NOTICE OF MODIFIED PROCEDURE NOTICE OF VIRTUAL PUBLIC WORKSHOP NOTICE OF VIRTUAL CUSTOMER HEARING ORDER NO. 35597 6 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 16th day of November 2022. ERIC ANDERSON, PRESIDENT JOHN CHATBURN, COMMISSIONER __________________________________________ JOHN R. HAMMOND JR., COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\ATL-E-22-02 Greylock\orders\ATLE2202_NtcApp_Skd_Mod_WS_Hear_cb.docx