ORDER NO. 99-447

ENTERED JUL 26 1999

This is an electronic copy and appendices and footnotes may not appear.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UA 64

DISPOSITION: APPLICATION APPROVED

Procedural Background. On February 26, 1999, Central Lincoln People’s Utility District (CLPUD) filed with the Commission an application for an allocation of exclusively served territory (Area IV, which is part of Northern Coos County and contains no incorporated city or town).

Notice of the application was published in the News-Review of Roseburg, Oregon, on March 5 and 12, 1999; in the Umpqua Post of Reedsport, Oregon, on March 10 and 17, 1999; in The Courier of Reedsport, Oregon, on March 11 and 18, 1999; and in The World of Coos Bay, Oregon; on March 6 and 10, 1999. The Notice informed the public that any affected customer may request a hearing within 30 days of the notice. No one requested a hearing.

PacifiCorp filed a petition to intervene on March 22, 1999. On April 23, 1999, PacifiCorp filed a letter informing the Commission that its purpose in seeking intervention was to ensure that PacifiCorp’s ability to serve its existing customers was not affected. PacifiCorp noted that it is providing service to several customers within CLPUD’s political boundaries, but CLPUD is not seeking an order awarding such customers and areas to it. Therefore, PacifiCorp does not believe that any Commission order could affect its right to continue serving any of its existing customers. PacifiCorp stated that it does not desire a hearing in this docket, that if necessary, it is willing to withdraw its petition to intervene, and that it does not oppose an expeditious order allocating CLPUD the territory it requests.

On June 30, 1999, Commission Staff and CLPUD entered into a Stipulation for Approval of CLPUD’s Application for an Allocation of Exclusively Served Territory. In the Stipulation, the parties identified the documents to be included in the administrative record for Docket UA 64 and agreed that the application should be approved by the Commission. The Stipulation is attached as Exhibit A to this Order.

We have reviewed the parties’ Stipulation and the administrative record. Based on our review, we find that CLPUD is exclusively serving the territory covered by the application in this docket. The application of CLPUD for an allocation of exclusively served territory should be approved.

A description of the CLPUD exclusive service territory is attached as Exhibit B to this order.

ORDER

IT IS ORDERED that the application of Central Lincoln People’s Utility District for an allocation of exclusively served territory is approved.

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 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.