28612.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF HOYT WATER COMPANY, LLC FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY. )
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CASE NO. GNR-W-99-1

ORDER NO. 28612

On September 20, 1999, Hoyt Water Company, LLC (Hoyt Water), a water corporation, filed an Application with the Idaho Public Utilities Commission (Commission) for a Certificate of Convenience and Necessity for a domestic water company in Kootenai County, Idaho. Reference Idaho Code § 61-526; IDAPA 31.01.01.111. The matter was informally stayed to give the applicant time to explore non-regulated options.
On March 2, 2000, Hoyt Water filed a letter with the Commission requesting the withdrawal of its Application. Reference IDAPA 31.01.01.068. The Commission is apprised that a mutually-owned non-profit corporation known as Hoyt Bluff Water Association, Inc. (Water Association) has been formed. Hoyt Water assets and all contractual rights and obligations have been transferred to the new entity. The Water Association is owned and operated by the owners of lots within the Hoyt Ranch Second Subdivision, as well as adjacent properties outside of the subdivision.
COMMISSION FINDINGS
The Commission has reviewed and considered the filings of record in Case No. GNRW9901 including the related transfer agreement (Agreement of Sale and Purchase). The Commission finds that the water company has been restructured in such a manner as to preclude Commission jurisdiction. Reference Idaho Code 61-104. The Commission accordingly finds it reasonable to grant the request for withdrawal of the Application in Case No. GNRW9901 and to close the case docket.
CONCLUSIONS OF LAW
The Commission has jurisdiction over the issues presented in Case No. GNRW9901 pursuant to the authority granted by Idaho Code, Title 61 and the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.

O R D E R
In consideration of the foregoing and as more particularly described above, IT IS HEREBY ORDERED and the Commission does hereby grant Hoyt Water’s request for withdrawal of its Application in Case No. GNR-W-99-01. Reference IDAPA 31.01.01.068. IT IS FURTHER ORDERED that the docket in Case No. GNR-W-99-01 be closed.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this _______ day of January 2001.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

vld/O:GNR-W-99-01_sw

ORDER NO. 28612 1

Office of the Secretary
Service Date
January 22, 2001