The ongoing battle over the future of Black Diamond Power remains contentious as the utility, Appalachian Power and the West Virginia Public Service Commission work toward a possible resolution.
The parties are scheduled to appear before the PSC Monday for a status hearing. The hearing follows months of disagreement after the commission ordered Black Diamond Power to negotiate the sale of its system to Appalachian Power.
Filings submitted last week revealed additional complications in those negotiations.
In a Sept. 15 letter, Black Diamond opposed Appalachian Power’s request to place the utility into receivership following the breakdown of sale talks. Black Diamond said it is exploring options to remain an independent utility with local offices.
The company also said Tim Loehr was named its chief operating officer in June and that new management has experienced difficulty accessing Black Diamond’s financial records.
An attachment to the filing identified a separate company, Black Diamond Utilities Inc., which could petition the PSC for permission to purchase Black Diamond Power’s existing assets.
Appalachian Power responded Sept. 18, saying it had not previously been aware of Black Diamond Utilities. APCo said public records show the company was formed July 2, with Loehr listed as its sole director.
Appalachian Power also renewed its call for receivership and alleged Black Diamond owes $3,522,115 for electricity supplied under the companies’ power-purchase agreement.
Appalachian Power is Black Diamond’s sole wholesale electricity provider.