Monday, October 15, 2012

Proceeding Number A.12-04-019 MARINA COAST WATER DISTRICT’S COMMENTS ON PROPOSED DECISION (PREEMPTION)

ABSTRACT: Re: In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, MARINA COAST WATER DISTRICT’S COMMENTS ON PROPOSED DECISION (PREEMPTION) (Filed 10-11-12) document is embedded. Importantly, the CONCLUSION.  "MCWD respectfully requests modification of the PD to state the Commission’s decision at this juncture as finding only that it has authority to preempt the Ordinance, but that the Commission is not yet making a finding of preemption, because the Commission has not concluded its critical evaluation of Cal-Am’s application for a CPCN to construct and operate the MPSWP and has not determined that the public convenience and necessity require the construction of a project that irreconcilably conflicts with the Ordinance. MCWD’s proposed changes to the PD’s Findings of Fact, Conclusions of Law and Ordering Paragraphs are set forth in the attached Appendix."
Note: (CPCN) Certificate of Public Convenience and Necessity
Filing Date: October 11, 2012
MARINA COAST WATER DISTRICT’S COMMENTS ON PROPOSED DECISION (PREEMPTION)

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