20020104Cobott Letter.doc

January 4, 2002

Mr. Robaer Cobott
PTE Water Systems Inc.
2626 Wrenco Loop Rd.
Sandpoint, Idaho 83864

Dear Mr. Cobott:

This Commission is in receipt of the letter dated December 30, 2001 that you mailed to your customers regarding the formation of a water system association. Be informed that the Orders of this Commission including approved rates are law until changed by the Commission through subsequent Commission Orders.

Your failure to respond to prior Commission correspondence and Orders resulted in the issuance of Certificate of Convenience and Necessity No. 393 and the establishment of a $20 per month flat rate for water service. Commission Order No. 28917 directed the Company to comply with all prior Commission Orders. Commission Order No. 28845 at page 5 ordered Ponderosa Terrace Estates Water System Inc. “…to make written petition or application to the Commission prior to any proposed change in ownership of the Ponderosa Terrace Estates Water System Inc.”

Your continued failure to comply with Commission Orders will result in a complaint being filed against you in District Court. As set forth in Chapter 7, Title 61 of Idaho Code each separate offense (for failure to comply with Commission Orders, requirements and directives) is subject to a civil penalty of not more than $2,000. Reference Idaho Code § 61-706. Every violation is a separate and distinct offense, and in case of a continuing violation each day’s continuance thereof shall be deemed to be a separate and distinct offense. Reference Idaho Code § 61-707. Every officer, agent or employee of any public utility who fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement or any provision thereof, of the Commission under the provisions of Idaho Code, Title 61, may be guilty of a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. Reference Idaho Code § 61-709.

Please respond no later than February 4, 2002 to avoid the commencement of further legal proceedings. Enclosed please find copies of the referenced Commission Order Nos. 28845 and 28917.

Sincerely,

Scott D. Woodbury
Deputy Attorney General

Enclosures

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