BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matters of ) (1) the Staff Investigation of ) The H2O Company, ) DOCKET UW-990716 being jurisdictional and ) (2) the removal of ) ORDER REMOVING COMPANY The H2O Company, ) FROM REGULATION AND from Commission Regulation. ) CANCELING TARIFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) On May 14, 1999, Commission staff instituted a staff investigation to determine if The H2O Company remains jurisdictional under RCW 80.04.010. On July 2, 1997, American Water Resources, Inc., (American Water) took over operation and ownership of The H2O Company water systems. On November 26, 1997, under Docket UW-971107 the Commission approved the sale and transfer of The H2O Company. American Water is operated as a public water utility and as such is subject to Commission jurisdiction. The staff investigation is now complete. American Water considers the customers to be fully part of their business structure and the matter closed. This conclusion was affirmed in the compliance filing dated January 21, 1999, in Docket UW-980258. As a result of this investigation The H2O Company 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 The H2O Company from regulation will be consistent with the public interest, because the water systems are now operated and owned by American Water which is regulated by this Commission. From all indications, it appears to be in the public interest to remove The H2O Company from regulation and cancel the corresponding tariff. O R D E R THE COMMISSION ORDERS: 1. The H2O Company is hereby determined not to be jurisdictional pursuant to the Commission staff investigation and documents filed with the Commission. 2. The H2O Company is removed from regulation by this order and its current tariff, WN U-2, canceled as of the effective date of this order. DATED at Olympia, Washington, and effective this 9th day of June, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Secretary