960508.docx

DECISION MEMORANDUM
TO:COMMISSIONER NELSON
COMMISSIONER SMITH
COMMISSIONER HANSEN
MYRNA WALTERS
TONYA CLARK
DON HOWELL
STEPHANIE MILLER
DAVE SCHUNKE
MADONNA FAUNCE
RICK STERLING
JUDY STOKES
GARY RICHARDSON
WORKING FILE
FROM:SCOTT WOODBURY
DATE:MAY 8, 1996
RE:CASE NO.  SVE-G-95-1 (CERTIFICATE APPLICATION)
WITHDRAWAL OF APPLICATION
On February 24, 1995, Star Valley Energy, Inc., an Idaho corporation, filed an Application with the Idaho Public Utilities Commission (Commission) requesting a Certificate of Public Convenience and Necessity to operate as a natural gas corporation and public utility in the state of Idaho, and authority to construct facilities required to provide natural gas service to the community of Salmon, Idaho.  Idaho Code § 61-526; IDAPA 31.01.01.111.  The principal office of Star Valley Energy is located at 1829 Meadow View Avenue, Rexburg, Idaho 83440.  
On March 14, 1995, the Commission issued Notices of Application, intervention deadline and initial comment deadline.  The initial comment period in Case No. SVE-G-95-1 expired May 18, 1995.  The Commission Staff was the only party to submit comments.  It was Staff’s contention that the Company’s filing was insufficient and that the Company had not provided information of the sort that would permit the Commission to make findings that would support the issuance of a certificate.  The Commission determined to take no further action until further information was provided.  The Commission encouraged Star Valley Energy to respond to Staff comments within 30 days, provide a time line for accomplishing identified tasks and at the conclusion of that period provide the Commission with an amended filing.  On June 23, 1995, Star Valley Energy submitted its proposed time line and indicated its intention to provide the Commission with an amended Application on or before February 1996.  Pursuant to letter dated May 7, 1996, (attached) Star Valley Energy requests permission to withdraw its Application.
Commission Decision
Star Valley Energy has requested a withdrawal of its Application in Case No. SVE-G-95-1.  Withdrawal of pleadings is permitted under Rule 67 of the Commission’s Rules of Procedure.  Under the Commission’s Rule a party desiring to withdraw a pleading must file a Notice of Withdrawal with the Commission and serve all parties with it.  Staff notes that the intervention deadline in Case No. SVE-G-95-1 was Thursday, May 18, 1995.  The Commission received no requests for intervention.  Staff recommends that the Company be permitted to withdraw its Application.  Unless otherwise ordered by the Commission, the Notice is effective 14 days after filing.  How does the Commission wish to proceed?
Scott Woodbury
vld/M:SVE-G-95-1.sw3