Docket TG-980963 Page 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition GA-78735 of Lakewood Refuse Service, Inc., for Authority to Mortgage Certificate of Public Convenience and Necessity No. G-18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) DOCKET TG-980963 ) ) ORDER GRANTING PETITION ) ) ) A petition was filed with the Commission on July 21, 1998, by Lakewood Refuse Service, Inc., under the provisions of RCW 81.77.040 for authority to mortgage Certificate of Public Convenience and Necessity No. G-18 for the operations of its solid waste collection company. The requested authority is for the purpose of securing the sum of $1,628,790 borrowed by Lakewood Refuse Service, Inc., from US Bank National Association. This additional debt is being used for the purpose of refinancing an existing mortgage due Key Bank of Washington (formerly Puget Sound National Bank). The bank obligation is evidenced by a promissory note written for a seven year term with monthly installments of $19,390, plus interest at a yet to be determined rate of approximately 7.75 percent. As partial security for the note, the applicant has granted the bank a security interest in the Certificate of Public Convenience and Necessity No. G-18. Internally generated funds of the applicant as set forth in its petition are sufficient to meet current and long-term obligations as to the payment of both interest and principal. Under this circumstance applicant does not appear to be adversely affected by the mortgaging of its rights to do business as a public service company. In the event the proposed indebtedness of the applicant is not repaid and in a foreclosure action the aforementioned bank acquires the assets of the applicant and Certificate of Public Convenience and Necessity No. G-18 , the authority granted by this order cannot be construed as waiving the requirements of either chapter 81.77 RCW or the Commission's rules adopted pursuant thereto as related to the transfer of said certificate to US Bank National Association. FINDINGS THE COMMISSION FINDS: 1. Lakewood Refuse Service, Inc., is a public service company subject to the jurisdiction of this Commission under the provisions of chapter 81.77 RCW. 2. As to form, the petition filed herein and the attached exhibits satisfy the provisions of RCW 81.77.040. 3. Any proposed transfer, assignment or sale of Certificate of Public Convenience and Necessity No. G-18, to any other party is not a matter under consideration in this order and must be the subject of another application filed in accordance with the rules and regulations of this Commission and the applicable statute. 4. The proposed mortgaging of Certificate of Public Convenience and Necessity No. G-18 will not be contrary to the public interest and should, therefore, be approved subject to the conditions of this order. O R D E R THE COMMISSION ORDERS: 1. After the effective date of this order and subject to the provisions hereof, Lakewood Refuse Service, Inc., is hereby authorized to mortgage Certificate of Public Convenience and Necessity No. G-18 to US Bank National Association as partial security for a promissory note payable to said bank in the principal amount of $1,628,790 due seven years from the date of issue, all in accordance with the terms of the petition and attached exhibits filed herein. 2. Within 30 days after discharging the $1,628,790 promissory note payable to US Bank National Association, Lakewood Refuse Service, Inc., shall notify the Commission of this fact and file the original Certificate of Public Convenience and Necessity No. G-18 with the Commission in order to have recorded thereon the release of the mortgage lien. 3. The authority granted by this order shall not be construed as authorizing the transfer, assignment or sale of Certificate of Public Convenience and Necessity No. G-18 for any reason whatsoever. 4. This order shall in no way affect the authority of this commission over rates, service, accounts, valuations, estimates, or determination of costs, or any matters whatsoever that may come before it, nor shall anything herein be construed as an acquiescence in any estimate or determination of costs, or any valuation of property claimed or asserted. DATED at Olympia, Washington, and effective this 26th day of August, 1998. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J WASHBURN, Secretary