CRESCENT BAR - Grant County PUD and the residents of Crescent Bar Island, which rarely agree, have responded to Federal Judge Justin L. Quackenbush's binding mediation suggestion with a no and yes respectively.

During a hearing on a summary judgment motion in Spokane on Aug. 22, Quackenbush suggested the two sides in the Crescent Bar Island lawsuit go to binding mediation with no preconditions.

In a filing dated Aug. 26, island residents' attorney Dale Foreman wrote: "Our clients are willing to commit to binding mediation with no preconditions."

In a filing dated Aug. 28, PUD attorney Michael Kalamon wrote: "... In an effort to resolve this litigation, the PUD does agree to non-binding mediation with the plaintiffs to develop terms and conditions for the parties to make application to FERC for a new lease to 2023 and request FERC's approval of the same."

However, Kalamon contended the 1979 lease expired in 2012 and that the PUD is under no obligation to extend the term of the 1979 lease to 2023. He makes it clear mediation would be fruitless if the islanders continue to demand an extension to 2023 with no preconditions.

"Moreover," Kalamon said, "as a public entity in its feduciary capacity, the PUD cannot agree to binding mediation, as it cannot commit public funds and public assets without knowing the nature and scope of the FERC submission and the cost of preparing the FERC submission. These issues could result in unreasonable costs to Grant County ratepayers and unlawful gifting of public funds and of public assets."