B. Siskiyou County's Response to the Application

Notice of the application appeared in the Commission's Daily Calendar on April 27, 2001. Under Rule 44.1 of our Rules of Practice and Procedure, any protests to the application were required to be filed no later than May 29, 2001.

Although it did not file a protest, Siskiyou County did file a response to the application on May 25, 2001. The response urged that the application should not be approved without an "affirmative finding that the Application is in the best interests of the citizens of Siskiyou County served by the Applicant." The response also urged the Commission to hold hearings, and argued that the application should not be ruled upon "unless and until" proof of approvals from the other states in which PacifiCorp provides electric service had been presented.

On June 11, 2001, PacifiCorp filed a reply to Siskiyou County's response. The reply argues that the applicable provisions of the Public Utilities Code do not require a finding that the proposed transaction is in the best interests of the affected Siskiyou customers, and that in any event, the application contains an adequate demonstration of why the relief sought would be in the public interest. PacifiCorp also notes that the Commission used this same analysis in D.99-06-049, the original decision approving the merger with ScottishPower.