The Commission issued its Order Instituting Investigation and to Show Cause (Order) on October 2, 2001.1 The Order names Bidwell and its owner/operators, Thomas Jernigan and Vicki Jernigan, as respondents. Bidwell is a small family-owned water company serving the town of Greenville and its environs in Plumas County.

The Order directs the respondents to show cause why the Commission should not enter findings, based upon their conduct, that,

1. Bidwell is unable or unwilling to adequately serve its ratepayers; or

2. Bidwell has been actually or effectively abandoned by its owners; or

3. Bidwell is unresponsive to the rules or orders of the Commission.

The Order makes clear that the Commission is considering the findings as a predicate to petitioning the Court for an order appointing a receiver pursuant to Public Utilities Code Section 855.2 O.P. 1 required the respondents to appear before the Commission on the show cause question at 9:30 a.m. on October 30, 2001. The order was served upon the respondents and their attorney, and additional notice of the hearing was subsequently mailed to the parties.

The hearing was held on October 30 pursuant to the notice and order. The Commission appeared through its Consumer Services Division (CSD). Both sides presented evidence, and each side was permitted an opportunity to submit a post-hearing exhibit to offer corrections or additions to the Commission's Report on the Financial Condition of Bidwell (September 26, 2001) that has been prepared under the direction of the Legal Division.3 Two rounds of briefs were filed, and the proceeding was submitted on January 4, 2002.

1 Ordering Paragraphs (O.P.s) 2 and 3 of the Order state that this matter is set solely on the Order why the Commission should not make the determination necessary to petition the Superior Court for the County of Plumas (Court) for appointment of a receiver under Public Utilities Code Section 855. This proceeding was categorized as a ratesetting, and that categorization was upheld on appeal in Decision (D.) 01-11-030 (November 8, 2001). 2 All statutory references are to the Public Utilities Code unless otherwise noted. 3 This report was received as Exhibit (Ex.) 13 at the hearing. Each party submitted a post-hearing exhibit that has been received for the record without being marked numerically.

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