ORDER NO. 97-297

ENTERED AUG 06 1997

This is an electronic copy. Appendices not included.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UA 55

In the Matter of the Application of U S WEST Communications, Inc., for an Order Transferring Right to Exclusively Served Territory to Beaver Creek Cooperative Telephone Company. )

) ORDER

DISPOSITION: PETITION APPROVED.

On April 25, 1997, U S WEST Communications, Inc., (USWC) filed an application for an order authorizing it to transfer approximately one-half square mile of allocated territory to Beaver Creek Cooperative Telephone Company (Beaver Creek). Beaver Creek has petitioned to have that territory allocated to it. The territory would be transferred from USWC’s Oregon City exchange to Beaver Creek’s Beavercreek exchange. Beaver Creek has been serving customers in the area to be transferred since July 14, 1995. USWC has no customers in the area. The area to be transferred may generally be described as follows:

The area to be transferred is southeast of Oregon City. It is located along Beaver Creek Road approximately 2.5 miles southeast of the intersection of Beaver Creek Road and Highway 213. The area to be transferred includes the north half of Section 15, T3S, R2E, plus a rectangle in the northeast corner of Section 16, measuring 284 feet east-to-west by 1480 feet north-to-south. The area includes the Fairway Downs housing development.

Attachment A to this order is a revised metes and bounds description of the Beaver Creek exchange after the transfer. Attachment B to this order is a metes and bounds description of the Oregon City exchange after the transfer. The companies will file revised exchange maps reflecting the revised exchanges.

The Commission published a notice of the petition pursuant to ORS 758.420. No request for a hearing was filed. PUC Staff filed a report supporting the petition based on its conclusion that it is more efficient for Beaver Creek to serve the area, as it has been doing, than for USWC to serve the area.

Based on the application and Staff’s report, the Commission concludes that the agreement will promote the efficient and economic use and development of the utility systems of the parties to the agreement, while providing adequate and reasonable service to the territories and customers affected by the agreement. The agreement should be approved.

ORDER

IT IS ORDERED that:

  1. The applications of Beaver Creek Cooperative Telephone Company and U S WEST Communications, Inc., for allocation of service territories and amendment of service boundaries are approved.
  2. The area described in this order is allocated for service to Beaver Creek.
  3. Beaver Creek shall amend its service boundary to include the area described in this order.
  4. Beaver Creek and USWC shall file revised signed and dated exchange maps which reflect the new, revised exchanges.

Made, entered, and effective ________________________.

______________________________

Roger Hamilton

Chairman

____________________________

Ron Eachus

Commissioner

  ____________________________

Joan H. Smith

Commissioner

A party may request rehearing or reconsideration of this order within 60 days from the date of service pursuant to ORS 756.561. A party may appeal this order pursuant to ORS 756.580.