28384.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE CANCELLATION
OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NO. 338—VALLEY VIEW WATER SYSTEM. )
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CASE NO. VVS-W-00-01

ORDER NO. 28384

On March 2, 2000, John Jasper, President of the Valley View Water System (Valley View; Company), filed a letter with the Idaho Public Utilities Commission (Commission) requesting that its Certificate of Public Convenience and Necessity No. 338 be cancelled. Certificate No. 338 was issued to Valley View on February 10, 1998. Reference Case No. GNRW-96-01, Order No. 27328.
Valley View represents that the water system has been sold to Valley View Water & Sewer District, Route 1 Box 350, Kamiah, Idaho 83536. The Company provides supporting documentation (albeit unsigned) showing a sale/purchase date of January 14, 2000.
On April 26, 2000, the Commission, pursuant to Staff inquiry, received a letter from the Valley View Water & Sewer District verifying the purchase.

COMMISSION FINDINGS
The Commission has reviewed and considered the filings of record in Case No. VVSW-00-01. We find that the filings present sufficient evidence to conclude that John Jasper is no longer owner/operator of the Valley View Water System. We therefore find it reasonable to cancel Certificate of Public Convenience and Necessity No. 338.
The Commission finds that the Valley View Water System has been sold to and is now part of the Valley View Water & Sewer District. A water district is a political subdivision of the state of Idaho. Reference Idaho Code 52-3201 et seq. The Commission’s jurisdiction and authority over water systems derives from statute. Reference Idaho Code Title 61. Based on our review of Title 61—Idaho Code, we find that the Commission has no statutory jurisdiction over the Valley View Water and Sewer District, and no longer has regulatory authority or jurisdiction over the Valley View Water System. Reference Idaho Code §§ 61-104, 61-124, 61-125 and 61-129.

CONCLUSIONS OF LAW
The Idaho Public Utilities Commission has the jurisdiction and authority to determine its continued jurisdiction and authority over John Jasper and the Valley View Water System, a water utility, and issues raised in this case pursuant to Title 61 of the Idaho Code and the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.

O R D E R
In consideration of the foregoing and as more particularly described above, IT IS HEREBY ORDERED and the Commission does hereby cancel Certificate of Public Convenience and Necessity No. 338 previously issued to John Jasper owner/operator of the water system serving the Valley View Subdivision, Inc., said service territory being more particularly described as the Valley View Subdivision located in the Southwest Quarter of Section 18 and Northwest Quarter of Section 19, Township 33 North, Range 4 East, Boise-Meridian, Idaho County, Idaho.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-626.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this _______ day of May 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:VVS-W-00-01_sw

ORDER NO. 28384 1

Office of the Secretary
Service Date
May 31, 2000