In the Matter of the Application of Andover Gas Company for consent to surrender its franchise to the Village of Andover and to sell and transfer its tangible property to the Mutual Gas Company, Ltd.

Andover Gas Company, incorporated in 1900, having an authorized and issued capital stock of $10,000, and engaged in supplying natural gas to consumers in the village of Andover, Allegany county, petitioned the Commission February 26, 1906, for consent to surrender its franchise to the village and to dispose of its tangible property for the sum of $13,000 to the Mutual Gas Company, Ltd., of Andover, an operative natural gas

company.

The Andover Gas Company was not a producing company. It obtained its gas from Charles Tracy and other individuals who held a joint interest in leases of natural gas properties, and the gas thus obtained was distributed in part through pipes owned by Tracy and his associates. It appeared that these individuals were unwilling to continue to furnish natural gas to the petitioner "on account of the depletion of rock pressure in the territory held by them" and that the discontinuance of this supply would render valueless the tangible property of the Andover Gas Company.

The Mutual Gas Company, Ltd., offered to buy the combined tangible properties of the Andover Gas Company and of Tracy and associates. The latter joined in the proceedings before the Commission by filing an application for consent to dispose of their tangible property, and the Mutual Gas Company also filed a petition requesting the consent of the Commission to the transaction and stating the fair valuation of the properties, which it proposed to purchase for $23,750, to be $29,000. The purchase was to be effected by the Mutual Gas Co. as a cash transaction and without the issuance of further capitalization.

A hearing in the matter was had at Albany on March 15th, after published notices of the date, at which Crayton L. Early appeared in behalf of the applicants. No one appeared in opposition.

The Commission, on the 28th of March, 1906, adopted the following:

Ordered, That the Commission of Gas and Electricity hereby consents that the Andover Gas Company surrender its franchise to the village of Andover and sell and transfer to the Mutual

Gas Company, Ltd., of said village, its tangible property, consisting of mains, pipes, gas regulators, meters, appliances and buildings, upon the condition, however, that the said Mutual Gas Company, Ltd., furnish free of charge all the natural gas necessary for lights and fuel in all public or village corporation buildings, and also lights in front of the same, so long as the Mutual Gas Company, Ltd., furnish gas to consumers in the village of Andover, State of New York, provided, however, that nothing herein contained shall require said Mutual Gas Company, Ltd., to furnish gratis any gas for heating or lighting any buildings which may be located now or hereafter erected in the village park of said village, and upon the further condition that the consideration for said sale and transfer, and the price to be paid. by said Mutual Gas Company, Ltd., for the tangible property as aforesaid of the Andover Gas Company, shall not exceed the sum of thirteen thousand dollars ($13,000), and it is

Further Ordered, That the Commission of Gas and Electricity hereby consents that Charles Tracy et al. sell and transfer to the Mutual Gas Company, Ltd., of said village, certain property owned by them as tenants in common, consisting of leases of certain natural gas properties, mains and pipes, upon condition that the price to be paid by the said Mutual Gas Company, Ltd. for said property shall not exceed the sum of ten thousand seven hundred fifty dollars ($10,750).

In the Matter of the Application of Stamford Electric Light Co. see review of application of West Branch Electric Light and Power Co., ante, p. 60.

In the Matter of the Application of the Dunkirk Natural Gas Company for consent to the sale of its property and franchises to W. H. Frost.

The Dunkirk Natural Gas Company, owner of oil and gas leases upon about 700 acres in the town of Sheridan, Chautauqua county, sold the property and its franchises May 5, 1906, to W. H. Frost of Fredonia. The attention of the company being called to the law, application was subsequently filed asking the consent of the Commission to the transfer, nunc pro tunc. A hearing was The Commission had before it the contract of sale, the corporation being in process of voluntary dissolution.

The Commission had before it the contract of sale, the corporation being in process of voluntary dissolution.

The following was adopted:

Ordered, That said application of Dunkirk Natural Gas Company for consent to transfer its franchise, leases, rights, system and property to said W. H. Frost be and the same is hereby approved; and it is

Further Ordered, That this order be filed in the office of this Commission nunc pro tunc as of the 5th day of May, 1906.

In the Matter of the Geneva Power & Light Co. and Seneca Edison Co., see application of Geneva-Seneca Electric Co., ante, p. 69.

In the Matter of the Application of Saranac Lake Light, Heat and Power Co., see ante, p. 45.