ORDER NO. 98-387

ENTERED SEP 25 1998

This is an electronic copy. Appendices and footnotes may not be included.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UW 54/UM 857 (PHASE II)

In the Matter of the Revised Rate Schedules Filed by First Hill Water, Inc., for a General Rate Increase/In the Matter of an Investigation into Connection Charges, Repair Assessment Fees, and Line Extension and Service Connection Practices of First Hill Water, Inc. )

)

) SUPPLEMENTAL ORDER

By Order No. 98-377, entered September 16, 1998, the Commission ordered the owners of First Hill Water, Inc. (First Hill), Darryl and Vicki Lee, to show cause within 60 days from the date of that order as to why the Commission should not find that they have abandoned the system. The Order did not specify how the Lees may show cause. The purpose of this order is to specify the procedures the Lees may invoke to make their showing of nonabandonment.

Order No. 98-377, Ordering Paragraph 3, is modified to read as follows:

 ORDER

IT IS ORDERED that:

3. The owners of First Hill Water, Inc., Darrell and Vicki Lee, have 60 days from the date of this order in which to show cause why the Commission should not find that they have abandoned the system.

a. The Lees may request a hearing at which they would present evidence of their intentions with respect to operating the system. The Lees’ presentation would be in the form of prefiled written testimony and subject to cross examination by Staff. The Lees must request such a hearing in writing no later than October 16, 1998.

b. In the alternative, the Lees may submit a written statement detailing their intentions with respect to the system. The statement would be subject to inquiries by Staff. The statement must be received by the Commission no later than November 16, 1998.

c. If the Commission finds that the Lees have abandoned the system, the Commission will initiate constructive abandonment proceedings.

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 in 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(2). A party may appeal this order to a court pursuant to applicable law.