20201125Notice_of_Briefing_Schedule_Order_No_34849.pdf

ORDER NO. 34849 1

Office of the Secretary
Service Date
November 25, 2020

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF BLACK MESA
ENERGY, LLC’S FORMAL COMPLAINT TO
ESTABLISH A LEGALLY ENFORCEABLE
OBLIGATION
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CASE NO. IPC-E-20-17

NOTICE OF REINSTATEMENT
OF BRIEFING SCHEDULE

ORDER NO. 34849

On March 17, 2020, Black Mesa Energy, LLC, (“Black Mesa”) filed a formal complaint
against Idaho Power Company (“Idaho Power”) asserting that Black Mesa had formed a legally
enforceable obligation with Idaho Power to buy its energy pursuant to the Public Utility Regulatory
Policies Act of 1978 (“PURPA”).
On April 2, 2020, the Commission issued a Summons to Idaho Power notifying the
Company that a formal complaint had been filed against it and directing the Company to answer the
complaint within 21 days.
On April 23, 2020, the Company filed an Answer and Motion to Dismiss.
On May 6, 2020, the Commission granted Black Mesa’s Motion to Extend Time. Order
No. 34663.
On May 15, 2020, Black Mesa filed an Answer to Idaho Power’s Motion to Dismiss.
On July 10, 2020, the Commission denied Idaho Power’s Motion to Dismiss and set briefing
deadlines for the parties. Order No. 34715.
On August 5, 2020, the Commission granted Black Mesa’s Unopposed Motion to Stay
Briefing Schedule in order to allow the parties time to pursue settlement negotiations. Order No. 34747.
On November 13, 2020, Black Mesa submitted a Motion to Reinstate Briefing Schedule.
Having reviewed the record, including the unopposed motion, the Commission finds good reason to
reinstate the briefing schedule as recommended by the parties. The Commission also directed at its
November 17, 2020 public decision meeting that Commission Staff be provided an opportunity to brief
the issues. See IDAPA 31.01.01.037.
O R D E R
IT IS HEREBY ORDERED that Black Mesa’s Motion to Reinstate Briefing Schedule is
granted. Black Mesa’s Initial Brief is due December 14, 2020. Idaho Power’s Reply Brief and

ORDER NO. 34849 2
Commission Staff’s Brief are due January 11, 2021. Black Mesa’s Rebuttal Brief is due January 21,
2021.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 25th
day of November 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-20-17\orders\IPCE2017_order reinstate brief sched_ej.docx