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HomeMy WebLinkAbout20230809Order_On_Motion_To_Extend_Time_For_Compliance_Filing_Order_No_35876.pdfORDER NO. 35876 1 Office of the Secretary Service Date August 9, 2023 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 ORDER ON MOTION TO EXTEND TIME FOR COMPLIANCE FILING ORDER NO. 35876 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 (“Motion”). Greylock indicated that it was unable to meet the deadline of August 1, 2023, and requested that the Commission extend the date for filing the compliance filing ordered in Order No. 35649 to May 1, 2024. Greylock represented that after assessing the system, Greylock decided to focus its efforts and investments on the reliability and safety of the Company’s infrastructure. Greylock explained that with funds being limited and with the remote location of Atlanta, Idaho, it has been a challenge to find a surveyor who would not only come out on location but was also willing to quote a reasonable price. ORDER NO. 35876 2 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 May 1, 2024. 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 9th day of August 2023. __________________________________________ ERIC ANDERSON, PRESIDENT __________________________________________ JOHN R. HAMMOND JR., COMMISSIONER __________________________________________ EDWARD LODGE, COMMISSIONER ATTEST: _________________________________ Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\ATL-E-22-02 Greylock\orders\ATLE2202_Order_Mot_cb.docx