BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matters of ) (1) the Staff Investigation of ) Elliott Lake Water Company, Inc., ) DOCKET UW-990676 being jurisdictional and ) (2) the removal of ) ORDER REMOVING COMPANY Elliott Lake Water Company, Inc., ) FROM REGULATION AND from Commission Regulation. ) CANCELING TARIFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) On May 5, 1999, Commission staff instituted a staff investigation to determine if Elliott Lake Water Company, Inc., (Elliott Lake) remains jurisdictional under RCW 80.04.010. On May 4, 1999, Kennewick Irrigation District (KID) took over operation and ownership of the Elliott Lake Water Company, Inc. KID is operated as a geographical municipal public utility, providing both domestic and irrigation water and as such is not subject to Commission jurisdiction. The staff investigation is now complete. KID considers the customers to be fully part of their business structure and the matter closed. As a result of this investigation, Elliott Lake is determined to no longer provide regulated water service. The Commission can remove a water company from regulation under the provisions of RCW 80.04.010. A water company cannot be removed from regulation except with the approval of the Commission. Removing Elliott Lake from regulation will be consistent with the public interest, because the water system is now operated and owned by KID which is not regulated by this Commission. From all indications, it appears to be in the public interest to remove Elliott Lake from regulation and cancel the corresponding tariff. O R D E R THE COMMISSION ORDERS: 1. Elliott Lake Water Company, Inc., is hereby determined not to be jurisdictional pursuant to the Commission staff investigation and documents filed with the Commission. 2. Elliott Lake Water Company, Inc., is removed from regulation by this order and its current tariff, WN U-1, canceled as of the effective date of this order. DATED at Olympia, Washington, and effective this 26th day of May, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Secretary