ORDER NO. 98-226

ENTERED JUN 03 1998

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

CP 120

CP 191

CP 215

DISPOSITION: DOCKETS REOPENED/ORDER NO. 97-373 RESCINDED IN PART

On June 1, 1998, the Staff of the Public Utility Commission of Oregon filed a motion pursuant to ORS 756.568 for an order reopening the above dockets and rescinding Order No. 97-373. Staff represents that applicants support the motion and that intervenor GTE Northwest Incorporated does not oppose the motion.

On December 7, 1995, Siuslaw Public Library District filed an application for a certificate to provide telecommunications services in Oregon (CP 120). On July 7, 1996, the Economic Development Alliance of Lincoln County (the Alliance) filed an application for a certificate to provide telecommunications services in Oregon (CP 191). On September 3, 1996, Lincoln County filed an application to provide telecommunications services in Oregon (CP 215). These cases were consolidated for consideration by the Commission.

U S WEST Communications, Inc. (USWC), filed protests to all three applications. GTE Northwest Incorporated (GTE) filed protests in dockets CP 120 and CP 215.

On January 31, 1997, Siuslaw Public Library District (CP 120) withdrew its application. Order No. 97-373 dismisses that application. We assume Staff’s motion to rescind the order does not apply to our dismissal of the application of the Siuslaw Public Library District and we exclude that portion from our decision below.

Following submission of written filings, the Commission issued Order No. 97-373 on September 18, 1997, denying the applications of the Alliance and Lincoln County. The basis for the denial was that both applicants proposed to purchase or lease facilities from the Central Lincoln Public Utility District (CLPUD), which did not have a certificate of authority and which had not applied. The Commission concluded that CLPUD needed a certificate of authority to provide the services to the applicants and that it would not be in the public interest to grant an application which would involve purchase of service from an unauthorized seller.

Staff’s motion states that Staff and applicants have tentatively reached resolution of all issues. Under the agreement, CLPUD will be removed from supervision or control over the services it will lease to the applicants and will thus not need a certificate of its own. If the Commission rescinds Order No. 97-373, as requested, Staff will serve on the parties a new proposed order granting the certificates to the applicants. Under the Commission’s "standard procedure" for competitive provider applications, the parties would then have an opportunity to file exceptions to the proposed order or request other procedural steps to deal with the issues.

DISPOSITION

ORS 756.568 provides that the Commission may rescind, suspend or amend any order it has made "upon notice to the public utility or telecommunications utility and after opportunity to be heard as provided in ORS 756.500 to 756.610. . ."

The motion represents that the applicants have changed the application in a material fashion. That change eliminates the basis for our denial of the applications and provides a sound reason for rescission. The applicants support the rescission and no other party has responded to the motion. The Commission concludes that the notice and opportunity to be heard requirements of ORS 756.568 have been satisfied. Moreover, the proposed order procedure for further consideration of the applications, described above, will afford the other parties with an additional opportunity to be heard. We conclude that Order No. 97-373 should be rescinded and the dockets reopened.

ORDER

IT IS ORDERED that Order No. 97-373 is rescinded, except for the portion relating to the dismissal of the application of the Siuslaw Public Library District, and dockets CP 191, and CP 215 are reopened.

Made, entered, and effective ________________________.

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.