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
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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
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