28875.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF ESSENTIAL.COM INC. FOR A
CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY
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CASE NO. GNR-T-00-12

ORDER NO. 28875

On August 30, 2000, Essential.Com filed an Application for a Certificate of Public Convenience and Necessity to provide basic local exchange service in the State of Idaho. On August 16, 2001, the Commission Staff was informed that Essential had filed for protection under Chapter 11 of the Bankruptcy Code and planned to sell its assets. See In Re Essential.Com, Inc., Notice of Intended Public Auction . . ., Case No. 01-15339-WCH (Bankr. E.D. Mass 2001). In response to this notice the Commission Staff sent a certified letter to the Company, its bankruptcy attorneys and its registered agent for the State of Idaho requesting instructions as to whether the Company wished to dismiss its Application or continue processing it. The receipts from these letters have been returned to the Commission and each indicated that it was received by the party it was addressed. The Company has failed to send a response to Staff’s inquiry.
Based on this record the Commission finds that Essential does not wish to proceed with its Application. The Commission also finds that because of its current financial situation, Essential would not be a good candidate for a CPCN at this time. Therefore, the Commission shall dismiss this Application without prejudice.
O R D E R
IT IS HEREBY ORDERED that Essential.Com, Inc.’s Application for a Certificate of Public Convenience and Necessity is dismissed without prejudice.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. GNR-T-00-12 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or interlocutory Orders previously issued in this case. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

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The receipts were returned to the Commission on August 29 and September 4, 2001.

ORDER NO. 28875 1

Office of the Secretary
Service Date
October 18, 2001