BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition GA-78842 of William D. Hearn d/b/a Bingen Garbage Service for Authority to Mortgage Certificate of Public Convenience and Necessity No. G-51. DOCKET NO. TG-99140 ORDER GRANTING PETITION A petition was filed with the Commission on September 3, 1999, by William D. Hearn d/b/a Bingen Garbage Service under the provisions of RCW 81.77.040 for authority to mortgage Certificate of Public Convenience and Necessity No. G-51 for the operations of its solid waste collection company. Together with Skamania County Sanitary Service, Inc., G-48, an affiliate, the requested authority is for the purpose of jointly securing the combined sum of $177,000 borrowed by William D. Hearn d/b/a Bingen Garbage Service and Skamania County Sanitary Service, Inc., from Columbia River Bank to consolidate existing debt of both companies. The bank obligation is evidenced by a promissory note written for a five-year term with monthly installments of $3,805, including interest at a fixed rate of 10.25%. 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-51 and in all equipment and rolling stock. Combined 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 of foreclosure, the authority granted by this Order cannot be construed as waiving the requirements of either chapter 81.77 RCW or the Commission's rules. FINDINGS THE COMMISSION FINDS: 1. William D. Hearn d/b/a Bingen Garbage Service 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-51 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-51 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. Together with Skamania County Sanitary Service, Inc., G-48, an affiliate, William D. Hearn d/b/a Bingen Garbage Service, is hereby authorized to mortgage Certificate of Public Convenience and Necessity No. G-51 to Columbia River Bank as partial security for a promissory note. 2. Within 30 days after discharging the $177,000 promissory note payable to Columbia River Bank, William D. Hearn d/b/a Bingen Garbage Service shall notify the Commission of this fact and file the original Certificate of Public Convenience and Necessity No. G-51 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-51 for any reason whatsoever. 4. This Order shall in no way affect the authority of this Commission over rates, services, 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 13th day of October, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN,Secretary