ORDER NO. 99-427

ENTERED JUL 15 1999

This is an electronic copy. Appendices and Footnotes may not appear.

OF OREGON

UA 66

DISPOSITION: APPLICATION FOR ALLOCATION OF EXCLUSIVELY SERVED TERRITORY APPROVED

On March 4, 1999, the Tillamook People’s Utility District (Tillamook PUD) filed an application with the Public Utility Commission of Oregon (Commission), for the allocation of an exclusively served territory, pursuant to ORS 758.435 and OAR 860-025-0020. The area that Tillamook PUD claims it is exclusively providing with utility service is located in most of Tillamook County, and in a small part of Clatsop and Yamhill Counties. A map of the territory is attached as Exhibit A to the application.

In its application Tillamook PUD states that it is lawfully and in good faith providing exclusive electric utility service to all customers within the territory described in Exhibit A, and that no other person is providing a similar utility service within such territory.

Notice of the application was published in both The Oregonian and the Tillamook Headlight-Herald on March 10, 1999, and March 17, 1999. The notice stated that that any affected party may request a hearing on this matter within 30 days of the notice. No one requested a hearing.

The Staff of the Commission (Staff) entered into a Stipulation with Tillamook PUD for the approval of the latter’s application for allocation of an exclusively served territory. A copy of the Stipulation is attached to this Order as Appendix A. The Stipulation indicates that Staff has reviewed the application and agrees that Tillamook PUD is providing exclusive electric utility service within the area described in the application, and that no other person is providing similar utility service within such territory.

The Commission has reviewed the application, the exhibits attached thereto, and the Stipulation entered into between Staff and Tillamook PUD. The Commission finds that Tillamook PUD has substantially complied with the requirements of OAR 860-025-0020. The Commission further finds that Tillamook PUD is exclusively serving the territory described in its application.

ORS 758.440(1) directs the Commission to enter an order either approving or disapproving an application for allocation of exclusively served territory on the basis of such application, if there is no hearing, together with findings of the facts supporting such order. Prior to approving such an application, ORS 758.440(2) requires the Commission to find that the applicant is exclusively serving the territory covered by the application.

Since the Commission has found that Tillamook PUD is exclusively serving the territory described in its application, the Commission concludes that the application should be approved, and Tillamook PUD should be allocated the territory requested in its application. The boundaries of the exclusive service territory are shown in the metes and bounds description, attached to this Order as Appendix B.

ORDER

IT IS ORDERED that:

The Application of Tillamook People’s Utility District for an Allocation of Exclusively Served Territory, filed on March 4, 1999, is approved.

Tillamook People’s Utility District is allocated the exclusively served territory described in its application.

Made, entered, and effective ____________________________.

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.