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HomeMy WebLinkAbout20201124Notice_of_Stay_Order_No_34846.pdfNOTICE OF STAY ORDER NO. 1 Office of the Secretary Service Date November 24, 2020 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION On June 25, 2020, Wood Hydro, LLC (“Wood Hydro”) filed a formal complaint against Idaho Power Company (“Idaho Power” or “Company”) alleging Idaho Power improperly withheld payments due to Wood Hydro under a Firm Energy Sales Agreement (“FESA”) for the Mile 28 hydroelectric (“Mile 28 Hydro”) qualifying facility (“QF”). On July 13, 2020, the Commission issued a Summons to Idaho Power directing the Company to respond to the formal complaint within 21 days. On August 3, 2020, Idaho Power filed an Answer and Cross-Complaint. The Cross- Complaint is directed against Wood Hydro, Enel Green Power North America, Inc. (“Enel”) for the Rock Creek #2 QF, and Central Rivers Power US, LLC (“Central Rivers”) for the Lowline #2 QF. On August 27, 2020, the Commission issued Summonses to Central Rivers and Enel, giving each company 21 days to respond to Idaho Power’s Cross-Complaint. The Commission also issued a Notice of Cross-Complaint, which aligned the time for Wood Hydro to reply with the deadlines for Central Rivers and Enel. Order No. 34764. On September 17, 2020, Enel and Central Rivers filed separate Motions to Dismiss and Wood Hydro filed a Reply. On October 1, 2020, Idaho Power filed an Answer to Cross-Respondents’ Motions to Dismiss. On November 9, 2020, Idaho Power filed a Joint Motion to Stay. The Commission considered the Joint Motion at a November 17, 2020 open meeting. Having reviewed the record, the Commission finds good cause to grant the Motion. The Commission will not take additional action on this matter unless a Settlement Stipulation is submitted or a request to lift the stay of proceedings is submitted. IN THE MATTER OF THE FORMAL COMPLAINT OF WOOD HYDRO AGAINST IDAHO POWER COMPANY ) ) ) ) ) ) ) CASE NO. IPC-E-20-28 NOTICE OF STAY ORDER NO. 34846 NOTICE OF STAY ORDER NO. 2 O R D E R IT IS HEREBY ORDERED that the Joint Motion to Stay is granted. IT IS FURTHER ORDERED that parties continue to comply with Order No. 34602, issued March 17, 2020. All pleadings should be filed with the Commission electronically and shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between parties should also be accomplished electronically. 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 24th day of November, 2020. PAUL KJELLANDER, PRESIDENT KRISTINE RAPER, COMMISSIONER ERIC ANDERSON, COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\IPC-E-20-28\IPCE2028_Ntc of Stay_ej.docx