3. Conclusion

The basic task of the Commission in a Section 851 proceeding is to determine whether the transaction serves the public interest: "The public interest is served when utility property is used for other productive purposes without interfering with the utility's operation or affecting service to utility customers." (D.02-01-058.) Joint Applicants represent that, as a result of the transaction, customers will continue to receive service under the same rates, terms, and conditions as before the transaction. The transaction at issue here should help produce a profitable business and results in no change in rates, terms, or conditions of service. Therefore the transaction is not adverse to the public interest and we will approve the transaction prospectively. However, the CPCN transfer and approval of the transaction, are contingent upon payment of any fees and surcharges owed by Champion, payment of fees and surcharges owed by CBC for operations as of the date of its acquisition of Champion assets, and CBC's filing all required reports on its acquisition of Champion.