ORDER NO. 98-329

ENTERED AUG 07 1998

This is an electronic copy.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UP 145

In the Matter of the Application for the Sale of the Skyview Acres Water Company Assets to Skyview Acres Water Company, an Oregon Cooperative. )
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ORDER

DISPOSITION: APPLICATION DISMISSED

On August 27, 1997, Skyview Acres Water Company (Skyview) filed an application with the Commission for the sale of the company’s assets to a cooperative association comprised of the customers of company. The application was filed pursuant to ORS 757.480. After corresponding with Skyview regarding the application, the Commission Staff determined that the company was charging a rate in excess of the rate authorized in the company’s last rate order, Order No. 88-681 (UW 16). As a result, Staff requested the company to lower its monthly residential rate to the authorized rate and to send out a notice to its customers informing them of their right to petition the Commission for full rate regulation and for Commission review of the sale. OAR 860-036-0410(2). Subsequently, Skyview renegotiated the contract for sale of the company to a lower amount. Skyview notified its customers in its May 1998 billing.

OAR 860-036-0410 and 860-036-0710 provide that, if 20 percent or more of the customers petition, the company would become fully regulated and an investigation of the rates and sale of the water company would follow. Because 20 percent of the customers did not petition, Commission approval of the sale is not required. There is no other reason to pursue this investigation.

The application should, therefore, be dismissed.

ORDER

IT IS ORDERED that the application for the sale of assets of Skyview Acres Water Company to Skyview Acres Water Company, an Oregon Cooperative Association, is dismissed.

Made, entered, and effective ____________________________.

______________________________
Ron Eachus
Chairman

______________________________
Roger Hamilton
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.