6-2500-14613-2

PUC Docket No. IP-4/CN-01-1306

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE PUBLIC UTILITIES COMMISSION

In the Matter of the Application of Rapids Power LLC for a Certificate of Need for its Grand Rapids Co-Generation Project

ORDER RECOMMENDING DISMISSAL

On August 6, 2002, Rapids Power, LLC filed a request to withdraw its Application for a Certificate of Need for its Grand Rapids Co-Generation Project. It asked that the application be withdrawn without prejudice to its ability to submit another application at a later date under a new docket.

On August 8, 2002 the Administrative Law Judge solicited objections from the parties to the case, indicating that if any party had an objection, they should respond within ten days. No party has filed any objection.

Based on all the files and proceedings herein, the Administrative Law Judge makes the following:

RECOMMENDATION

IT IS RESPECTFULLY RECOMMENDED that the Commission allow Rapids Power, LLC to withdraw its Application for a Certificate of Need without prejudice to its ability to submit another application at another date under a new docket.

Dated this

23rd

day of

August

2002.

S/ Allan W. Klein

ALLAN W. KLEIN

Administrative Law Judge