20200731Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:EDWARDJEWELL
DEPUTY ATTORNEY GENERAL
DATE: JULY3l,2020
SUBJECT: FORMAL COMPLAINT OF BLACK MESA ENERGY, LLC TO
ESTABLISH A LEGALLY ENFORCf,ABLE OBLIGATION; CASE NO.
rPC-E-20-17.
On March 17, 2020, Black Mesa Energy, LLC ("Black Mesa") filed a formal
complaint against Idaho Power Company ("ldaho PoweC' or "Company") seeking a
determination that Black Mesa established a legally enforceable obligation with Idaho Power for
both Black Mesa Energy I and Black Mesa Energy 2. Black Mesa Energy 1 and 2 are qualifzing
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 ldaho Power's Motion to Dismiss.
On July 10, 2020, the Commission issued an order denfng 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 SCHf,DULE
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 notifu the Commission of a need to resume the briefing schedule. Black Mesa indicates
DECISION MEMORANDI.IM
Idaho Power concurs in the requect Stafr comscl c,oDfrmcd wilh Id8h,D Power that the
Company concurs in the roqucst.
STATT'RECOMMENDATION
Staffrecommends the Commission stay the briefing scHule until cithcr Black Mesa
or Idtro power notifies the Commission of a nced !o re*umc ifup fuiefing schrdulc.
COM}trSSION DECISION
Does the Commission wish to stay the briefing schedule?
P.4!*L(
EdwardQldl
Deputy Attomcy General
IUr!drEI.ECTIIC{PCP-2GI PCEmlT_&c @ 2_.j
2DECISIONMEMORANDTIM