28879.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF TELERGY NETWORK SERVICES, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
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CASE NO. GNR-T-00-25

ORDER NO. 28879

On August 4, 2000, Telergy Network Services, Inc. filed an Application for a Certificate of Public Convenience and Necessity to provide basic local exchange service in the State of Idaho. On October 9, 2001, the Commission received a letter from Jennifer L. Bunnell, Manager, Regulatory Compliance Department for Telergy notifying the Commission of the Company’s intent to withdraw and/or cancel its Application for a CPCN in Idaho. Bunnell also requests that the Commission cancel and/or withdraw any Telergy tariffs on file with the Commission. Finally, Bunnell states that Telergy has never commenced operations in Idaho and thus has no customers in the State.
Based on this record the Commission shall dismiss Telergy’s Application for a CPCN without prejudice and withdraw any Telergy tariffs on file with it.
O R D E R
IT IS HEREBY ORDERED that Telergy Network Services, Inc.'s Application for a Certificate of Public Convenience and Necessity is dismissed without prejudice.
IT IS FURTHER ORDERED that all Telergy tariffs filed with the Commission shall be withdrawn.
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-00-25 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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ORDER NO. 28879 1

Office of the Secretary
Service Date
October 22, 2001