20201113Decision Memo.pdf

DECISION MEMORAIYDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER AIYDERSON
COMMISSION SECRETARY
COMMISSION STATT'
LEGAL
FROM:EDWARD JEWELL
DEPUTY ATTORNEY GENERAL
DATE: NOVEMBER 13,2020
SURIECT: FOR]VIAL COMPLAINT OF BLACK MESA ENERGY, LLC TO
ESTABLISH A LEGALLY ENFORCEABLE OBLIGATION; CASE NO.
tPC-8,-20-17.
on March 17,2020, Black Mesa Energy, LLC ("Black Mesa") filed a formal
complaint against Idaho Power company ("Idaho Power" 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. BlackMesa Energy I and 2 are qualifying
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 Idaho Power's Motion to Dismiss.
On July 10,2020, the Commission issued an order denying Black Mesa's Motion to
Dismiss and set briefing deadlines. The Commission set a deadline of August 6,2A20 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.
On July 29,2020, Black Mesa filed a Motion to Stay Briefing Schedule. Black Mesa
indicated that the parties were in negotiations that could obviate the need for a Commission
decision, and therefore asked for time to allow the negotiations to run their courss. Idaho Power
concurred in the request.
On August 5,2020, the Commission granted the Motion and suspended the briefing
schedule. Order No. 34747.
On November 13, 2020, Black Mesa filed a Motion to Reinstate Briefing Schedule.
DECISION MEMORANDUM I
JOINT MOTION TO REINSTATE BRIEFING SCHEDULE
Black Mesa indicates that its negotiations with Idaho Power have not resolved the
ssues'**'*
l" fi,fi1lillTj,:}I,"tif*I**
STAFF RECOMMENDATION
Staffrecommends the Commission reinstate the briefing schedule as proposed by the
parties.
COMMISSION DECISION
Does the Commission wish to reinstate the briefing schedule as proposed by the
parties?
r r(
Edward
Deputy Attorney General
I:\Legal\ELECTRIC\FC-E-2G.I7\nernoe\lFCE20l7_doc merno 3 ej.doc
2DECISION MEMORANDUM