HomeMy WebLinkAbout10022001.docDECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
LOU ANN WESTERFIELD
RANDY LOBB
LYNN ANDERSON
DON HOWELL
TONYA CLARK
JOE CUSICK
BIRDELLE BROWN
BEV BARKER
GENE FADNESS
WORKING FILE
FROM: JOHN R. HAMMOND
DATE: OCTOBER 2, 2001
RE: IN THE MATTER OF ESSENTIAL.COM, INC. APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. CASE NO. GNR-T-00-12.
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 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 Staff and each indicated that the party it was addressed to received it. The Company has failed to send a response to Staff’s inquiry.
Based on this record Staff contends that Essential does not wish to proceed with its Application. Staff also believes that because of its current financial situation Essential would not be a good candidate for a CPCN at this time. Therefore, Staff recommends that the Commission dismiss this Application without prejudice.
Commission Decision:
Does the Commission wish to dismiss Essential.Com’s Application without prejudice?
John Hammond
M:GNRT0012_jh
The receipts were returned to Staff on August 29 and September 4, 2001.
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