ORDER NO. 98-177

ENTERED APR 27 1998

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UW 58

In the Matter of an Investigation Pursuant to ORS 756.515 to Determine Whether JUNIPER UTILITY COMPANY, Bend, Oregon, is subject to the Commission’s Regulatory Jurisdiction and to Determine Whether the Rates Charged by JUNIPER are Unreasonable or Unjustly Discriminatory. )
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ORDER

DISPOSITION: INVESTIGATION OPENED

At the April 7, 1998, public meeting of the Public Utility Commission of Oregon, Commission Staff requested that the Commission open an investigation to determine if Juniper Utility Company is subject to the Commission’s regulatory jurisdiction and to determine whether the rates charged by Juniper are unreasonable or unjustly discriminatory.

Juniper appears to be a public utility under ORS 757.005. Staff has received complaints alleging that Juniper has been charging discriminatory rates and implementing retroactive rate increases without notice. Juniper may or may not be exempt from rate regulation under ORS 757.061. For Staff to make a determination of Juniper’s status, Juniper must provide Staff with certain financial and operational information. Staff therefore recommended that the Commission open an investigation pursuant to ORS 756.515.

CONCLUSIONS

ORS 756.515(1) provides as follows:

Whenever the Public Utility Commission believes that any rate may be unreasonable or unjustly discriminatory, or that any service is unsafe or inadequate, or is not afforded, or that an investigation of any matter relating to any public utility or telecommunications utility or other person should be made, or relating to any person to determine if such person is subject to the commission’s regulatory jurisdiction, the commission may on motion summarily investigate any such matter, with or without notice.

The Commission concludes that there is a basis under this statute to open an investigation into the Commission’s regulatory jurisdiction over Juniper.

ORDER

IT IS ORDERED that an investigation is opened regarding the Commission’s regulatory jurisdiction over Juniper Utility Company and to determine whether the rates charged by Juniper are unreasonable or unjustly discriminatory.

Made, entered, and effective ____________________________.

______________________________
Roger Hamilton
Chairman

______________________________
Ron Eachus
Commissioner
 

______________________________
Joan H. Smith
Commissioner

A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements of OAR 860-014-0095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-013-0070. A party may appeal this order to a court pursuant to ORS 756.580.