Note: For those of you keeping up with the Flathead Joint Board of Control’s intervention with respect to Kerr Dam and the Low Cost Block of Power, Net Power Revenue, a settlement conference date has been scheduled for October 21, 2015. Recall that the FJBC retained FERC attorneys earlier this summer for this purpose. Copies of documents related to this intervention can be found at the bottom of this post below the FERC notice of Settlement Conference below.


Confederated Salish and Kootenai Tribes
Energy Keepers, Incorporated
Docket No. P-5-100


(Issued September 24, 2015)

The Commission, by order issued on September 17, 2015, 152 FERC ¶ 61,207,directed the Chief Judge to appoint a settlement judge to assist the parties in arriving at a settlement of the issues in this case. The Commission gave the parties the opportunity to request the Chief Judge to appoint a specific judge mutually agreed upon by all parties. The parties jointly requested the appointment of Judge Michael Haubner as the settlement judge to assist them in their efforts to resolve the disputed issues.

Accordingly, the Chief Judge hereby designates Judge Michael Haubner as the Settlement Judge in this case to convene a settlement conference, explore the possibility of settlement, discuss the differences between the parties, and in general conduct the settlement negotiations. Participants are directed to have persons present at the settlement negotiations with authority to negotiate and accept or approve settlement terms—a business person foreach party or group of parties should be present to the maximum extent practical.

A settlement conference with Judge Haubner is scheduled to convene at 10:00 a.m.on October 21, 2015, in a hearing room of the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426.

Settlement Judge Haubner is available to talk with the parties individually or in groups. Any party wishing to meet with Judge Haubner may call his law clerk, Veronica Bradley, at 202-502-8107 to arrange for a meeting.

The Chief Judge strongly encourages electronic filings. See 18 C.F.R.385.2001(a)(1)(iii) and the instructions on the Commission’s website under the “Documents Filing” tab.

Curtis L. Wagner, Jr.
Chief Administrative Law Judge

Documents pertaining to this docket:

05/28/15 Motion of FJBC and Irrigation Districts to Intervene
06/09/15 CSKT Answer and Request to Disregard Motions to Intervene
06/24/15 Answer of FJBC to CSKT Request to Disregard Motions to Intervene
07/16/15 Jackson Keenan Response to CSKT Answer re: Motion to Intervene
07/16/15 MLWA Response to CSKT Answer re: Motions to Intervene
09/01/15 Order Approving Partial License Transfer re CSKT
09/17/15 Order Establishing Hearing and Settlement Judge Procedures
09/24/15 Order of Chief Judge re: Scheduling Settlement Conference re: CSKT